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Showing posts with the label eula

Apple backs down?

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Remember the contretemps around the iBook EULA ? To summarize - the EULA said, Feel free to create anything you want with this tool If you want to give the Fruits Of Your Genius away for free , rock on.  Do it however and wherever you want. If you you want to sell it however, You must sell it through us (Apple) If we don't want to sell it, you are Shit-out-of-Luck. And there isn't a damn thing you can do about it. There was much discussion afterwards as to whether it was actually enforceable or not , but as it turns out, the whole point is moot, with Apple backing down today . From Ars Technica, we have the following If you want to charge a fee for a work that includes files in the .ibooks format generated using iBooks Author, you may only sell or distribute such work through Apple, and such distribution will be subject to a separate agreement with Apple. This restriction does not apply to the content of such works when distributed in a form that does not in...

Apple's iBook EULA - is it enforceable?

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You're probably aware of the iBook EULA flap ( I've written about it here ).  To recap, the EULA boils down to Feel free to create anything you want with this tool If you want to give the Fruits Of Your Genius away for free , rock on.  Do it however and wherever you want. If you you want to sell it however, You must sell it through us (Apple) If we don't want to sell it, you are Shit-out-of-Luck. And there isn't a damn thing you can do about it. The latest twist in this, courtesy Max Kennerly of The Beasley Firm LLC , is that it looks like Apple may have actually overreached in their requests, making the EULA either not enforceable, or worse, enforceable but with minimal to no damages.  As he puts it ...in the end, the iBooks Author EULA leaves both Apple and the author in a strange stand-off: Apple   doesn’t  actually have the right to tell the author not to take their work somewhere else, but the author   can’t   do that without ...

Do you trust Apple? (The Saga Continues)

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Ed Bott delves into Apple's iBook EULA (so that you don't have to).  The result is what he charmingly terms " Apple's mind-bogglingly greedy and evil license agreement " How so? Here is the relevant (and I'd agree - quite evil) section I’ve downloaded the software and had a chance to skim the EULA. Much of it is boilerplate, but I’ve read and re-read Section 2B, and it does indeed go far beyond any license agreement I’ve ever seen: 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 e...

Do you trust Apple?

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Dan Wineman of Venomous Porridge has an analysis of iBooks Author up, and its a doozy. Take it away Dan In other words: Apple is trying to establish a rule that whatever I create with this application, if I sell it, I have to give them a cut. And iBooks Author is free, so this arrangement sounds pretty reasonable. Here’s the problem:   I didn’t agree to it.   Apple wants me to   believe I did, of course, just by using the software: PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE APPLE SOFTWARE. BY USING THE APPLE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE SOFTWARE. But that language is in the EULA itself, a   contract of adhesion which I was not required to sign (or even indicate my agreement to by clicking) before installing the software. So, to paraphrase:   By using this software, you agree that anything y...