Apple's end user license agreement for iBooks Author says you can't sell or distribute any content created by the software through anything but Apple outlets, reports Venomous Porridge.
Apple, in this EULA, is claiming a right not just to its software, but to its software's output. It's akin to Microsoft trying to restrict what people can do with Word documents, or Adobe declaring that if you use Photoshop to export a JPEG, you can't freely sell it to Getty. As far as I know, in the consumer software industry, this practice is unprecedented. I'm sure it's commonplace with enterprise software, but the difference is that those contracts are negotiated by corporate legal departments and signed the old-fashioned way, with pen and ink and penalties and termination clauses. A by-using-you-agree-to license that oh by the way asserts rights over a file format? Unheard of, in my experience.
Here's the part of EULA that deals with this. Note that when installing the software you reportedly aren't asked to agree to this; rather, your use of the software binds you to the agreement.
IMPORTANT NOTE:
If you charge a fee for any book or other work you generate using this software (a "Work"), you may only sell or distribute such Work through Apple (e.g., through the iBookstore) and such distribution will be subject to a separate agreement with Apple.
Section 2:
B. Distribution of your Work. As a condition of this License and provided you are in compliance with its terms, your Work may be distributed as follows:
(i) if your Work is provided for free (at no charge), you may distribute the Work by any available means;
(ii) if your Work is provided for a fee (including as part of any subscription-based product or service), you may only distribute the Work through Apple and such distribution is subject to the following limitations and conditions: (a) you will be required to enter into a separate written agreement with Apple (or an Apple affiliate or subsidiary) before any commercial distribution of your Work may take place; and (b) Apple may determine for any reason and in its sole discretion not to select your Work for distribution.
What do you think? Gruber calls this 'Apple at its worst'. Is it right for Apple to require that you only sell content produced using its free app in its store?
Read More [via DaringFireball]
Apple, in this EULA, is claiming a right not just to its software, but to its software's output. It's akin to Microsoft trying to restrict what people can do with Word documents, or Adobe declaring that if you use Photoshop to export a JPEG, you can't freely sell it to Getty. As far as I know, in the consumer software industry, this practice is unprecedented. I'm sure it's commonplace with enterprise software, but the difference is that those contracts are negotiated by corporate legal departments and signed the old-fashioned way, with pen and ink and penalties and termination clauses. A by-using-you-agree-to license that oh by the way asserts rights over a file format? Unheard of, in my experience.
Here's the part of EULA that deals with this. Note that when installing the software you reportedly aren't asked to agree to this; rather, your use of the software binds you to the agreement.
IMPORTANT NOTE:
If you charge a fee for any book or other work you generate using this software (a "Work"), you may only sell or distribute such Work through Apple (e.g., through the iBookstore) and such distribution will be subject to a separate agreement with Apple.
Section 2:
B. Distribution of your Work. As a condition of this License and provided you are in compliance with its terms, your Work may be distributed as follows:
(i) if your Work is provided for free (at no charge), you may distribute the Work by any available means;
(ii) if your Work is provided for a fee (including as part of any subscription-based product or service), you may only distribute the Work through Apple and such distribution is subject to the following limitations and conditions: (a) you will be required to enter into a separate written agreement with Apple (or an Apple affiliate or subsidiary) before any commercial distribution of your Work may take place; and (b) Apple may determine for any reason and in its sole discretion not to select your Work for distribution.
What do you think? Gruber calls this 'Apple at its worst'. Is it right for Apple to require that you only sell content produced using its free app in its store?
Read More [via DaringFireball]