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Apple's iBooks EULA Drawing Ire
An anonymous reader writes in with one of many articles about the iBooks EULA, this time questioning whether it is even enforceable. Quoting: "The iBooks Author EULA plainly tries to create an exclusive license for Apple to be the sole distributor of any worked created with it, but under the Copyright Act an exclusive license is a 'transfer of copyright ownership,' and under 17 U.S.C. 204 such a transfer 'is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed.' When authors rebel and take their work elsewhere, Apple has, at most, a claim for breach-of-EULA — but their damages are the failure to pay $0 for the program."
Bic Pens Inc now claims exclusive distributorship rights for anything created with one of their writing implements.
Not to be outdone, Starbucks now claims exclusive distributorship rights for anything created while under the influence of their beverages.
Unfortunately, it stipulates that you must sign a contract prior to consideration of your work being distributed through iBooks.
What this means. Don't attempt to get published through Apple or you will be beholden to them in perpetuity AND they don't even have to publish it.
Tricky, scheister-y Apple.
Worst part, there will be an endless stream of authors clambering to be first in line to give up their copyrights in exchange for a chance at being published.
That sucks.
"Helping to keep you two steps ahead of the Thought Police!"
First entry up on google for self publishing epubs:
http://www.lulu.com/
They even do paper versions.
Deleted
PDF is free and open now.
http://en.wikipedia.org/wiki/Pdf
Relevant snippet:
"While the PDF specification was available for free since at least 2001,[4] PDF was originally a proprietary format controlled by Adobe, and was officially released as an open standard on July 1, 2008, and published by the International Organization for Standardization as ISO 32000-1:2008.[1][5] In 2008, Adobe published a Public Patent License to ISO 32000-1 granting a royalty-free rights for all patents owned by Adobe that are necessary to make, use, sell and distribute PDF compliant implementations.[6]"
Apple makes great products, and I was their customer for almost twenty years, but a few years ago I gave them up. I could no longer stand the bullshit and shenanigans which come with all their products. For me, the breaking point came when my next-gen iPod couldn't use the $1 cables I'd had with my previous-gen iPod, and now I was expected to buy Apple-branded chip-locked cables for $50. FIFTY DOLLARS!
No. No, no, no. Fuck you, no. I still own and like my MacBook Pro (from 2007), but it is starting to get a little long in the tooth, and in the next couple years I'll replace it with something other than a Mac. I replaced my iPod with an Android pod. I bought an Android tablet instead of an iPad. I'm a programmer who might write apps, but I don't even consider the iOS platform.
iBooks? Sounds great! The world desperately needs to shake up the textbook industry, and I'm happy that a large company is doing something about it. But no, I won't consider it. Since I gave up Apple, they have continued to release products which look great and reportedly work great, but no, I'm not willing to put up with the bullshit to use them, because that would make me feel like a chump.
I do have a sliver of hope that all the bullshit was due to Steve Jobs' personal hatred for his customers, and now that he is dead perhaps Apple will slowly shed that hatred. There are no signs of that yet, but I would expect it to take a while.
TFA said so plainly. The iBooks format is html5 wrapped is a very thin container (Apple likes content standards). Their authoring tool is essentially a specialized html editor. Nothing stops you from taking the content you used to create an iTextBook and then using it to create a nearly identical eTextBook on another platform. You just aren't supposed to take the exact same thinly wrapped .ibook file and make that available outside of Apple's store. Maybe it's a silly clause, but obviously since they don't claim to own your content then they aren't stopping you from releasing said content in any form you choose.
Really. It's even in the fscking EULA:
"Title and intellectual property rights in and to any content displayed by or accessed through the Apple Software belongs to the respective content owner."
Note the "content". Software (as iBooks Author) creates files or documents or "works", but not content. Authors create content. This content is yours.
If you think this is word-wanking, try the following gedankenexperiment:
You write a book using MS Word for the text, Photoshop for the illustrations and you even buy some high-quality photos for it. Then you import all of that into iBooks Author to create a book for the iBook Store. You also import all of that into InDesign (or whatever software you bought for creating ePubs) to sell elsewhere.
How should the book you created from *your* content be affected by the iBook Author EULA? It isn't. Apple even spells this out in the EULA. The content of course is yours to sell.
I'm not an Apple fanboi and I don't like Apple very much but I think iBook Author and the iBook store is a good idea. I also don't like the EULA terms very much but they are not what some people would like you to think they are. If you want to sell the file created with iBooks Author you can sell it only via Apple. But if you want to sell your content in that book elsewhere you can still do that.
Meanwhile I just hate that kind of sensational journalism that ignores facts and just wants to drive page-views by fueling hate and fury. Really, I'm sick of it. Be rational and READ THE FUCKING EULA.
And since their format is a variation of epub, which is both an industry standard AND based upon HTML which is itself based upon plain text, I expect iBook->epub conversion tools to be available in a matter of days. I'd almost bet money that Calibre will be able to import, read, convert, and export iBooks within a couple of weeks.
So to get around Apple's EULA:
1. Create iBook with Apple's tool.
2. Convert to your favorite format.
3. Distribute.
4. There's no need for a "?" here.
5. Profit!
the GPL is viral by force. When you get something GPL, the output WILL be GPL. It's required.
I don't know what you intended, but what you wrote is patently false.
The output of a GPL program is not affected by the license in any way, shape or form.
If you take someone else's GPL software and you make changes to it, and you distribute those changes, then and only then does the GPL come into play.
Apple's software, on the other hand, is insidious because it does infect the output. You are forbidden from selling the output of that software on any service other than Apple's.
So if what you really meant to say is that GPL has no effect whatsoever on how you use the software (as opposed to how you distribute it), and that Apple's software does... then yes, I couldn't agree more.
Crumb's Corollary: Never bring a knife to a bun fight.
Sole commercial distributor, not sole distributor. The quote is a misstatement of the policy.
And this only refers to the binary produced by the iBooks Author program. Apple makes no claim on your content, you are free to produce other ebooks using different tools and distribute elsewhere.