Saturday, February 4, 2012

Apple Updates iBook Author EULA

So, you'll recall that in Apple Needs to Rethink Its iBook Author EULA I warned that Apple's new iBook Author application had a rather dodgy EULA. As worded, it could have granted Apple rights to authored works composed within the program. At the time, I speculated that this was a wording error and (along with many others) asked Apple to reconsider the EULA.

Well, they have!

The previous 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.
The new Section 2:
B. Distribution of Works Generated Using the iBooks Author Software. As a condition of this License and provided you are in compliance with its terms, works generated using iBooks Author may be distributed as follows:
(i) if the work is provided for free (at no charge), you may distribute it by any means;

(ii) if the work is provided for a fee (including as part of any subscription-based product or service) and includes files in the .ibooks format generated using iBooks Author, the work may only be distributed through Apple, and such distribution will be subject to a separate written agreement with Apple (or an Apple affiliate or subsidiary); provided, however, that this restriction will not apply to the content of the work when distributed in a form that does not include files in the .ibooks format generated using iBooks Author. You retain all your rights in the content of your works, and you may distribute such content by any means when it does not include files in the .ibooks format generated by iBooks Author.
Thanks for the heads-up, TNW.

So, yea, as suspected, Apple did not want to swipe authors' rights. Legal just defined the terms poorly. Based on the new agreement's wording, you can create content on iAuthor and distribute it elsewhere as long as it is not in the .iBook format and you can even freely distribute .iBook files elsewhere.

Props should be given where props are deserved. Good show, Apple!

B.

2 comments:

Zach said...

It was just a matter of time before Apple made the correction. I couldn't imagine that they intended their first version of Section 2. As you said in your first post, "...the clumsiest attempt at copyright domination in the history of the world." Haha! Glad they cleared everything up. Good call B.

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