Apple's Greedy and Evil License Agreement

When you buy software you should read EULAs (End User Licence Agreement) or find tech experts to explain it to you. I have years of computer experience with software and agreements, EULAs, I've seen many little gotchas (such as all that software you bought under student licence can't be used later for business use) or just trying to figure out what the agreement allows and doesn’t allow (such as most don't allow you to use backup copies nor install it on your new computer).

I have never seen a EULA as over complicated, greedy and evil as Apple’s EULA for its new ebook authoring program.

Apple, in this EULA, is claiming a right not just to the software, but also to the software’s output. Image if Microsoft was 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 post it online. As far as I know, in the consumer software industry, this practice is unprecedented. Basically Apple is claiming ownership in part over your work.


The killer is 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 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.

And then the next paragraph is bold-faced, just so you don’t miss it:

Apple will not be responsible for any costs, expenses, damages, losses (including
without limitation lost business opportunities or lost profits) or other liabilities you may incur as a result of your use of this Apple Software, including without limitation the fact that your Work may not be selected for distribution by Apple.

The nightmare any writer thinking of using Apple under this agreement? Well you might have created a small novel and you think you can sell for modest amount online at 5 or even 10 bucks per copy. Then you are lured in by the "Apple" success promise. So then you carefully convert your writing in iBooks Author. Then you submit it to Apple and they reject it. Now they own it. You can't submit to google or anyone else. You can't even give it away on your own website. Also you can't rewrite, reformat or alter your submitted work.

Image if Micosoft took 30% from every professional speaker who used powerpoint? What if JK Rowling was told she owed 30% of all her revenue. Image you published a successful "ibook" and it was made into a movie (better still while you alive). Apple going to control that, make money off that and any spin offs. They own you.

How do they get away with this? Because of American politics. Whom so ever the Democrats favour, the laws of copyright contain the right loopholes. Just like Hollywood constantly waiting for writers to die. While it does happen that some books find movie success while orginal writer alive. Apple is positioning itself to abuse writers rights while the writer is alive.

Still think Steve Jobs was a nice guy? Think Al Gore is a nice guy? Think Apple care? All they want is to take as much as they can and contol as much as they can. Apple is anti-family, anti-Christian.