Apple modifies EULA for iBooks: Lays no claim to content, allows authors to distribute elsewhere

Apple just updated its End User License Agreement for the iBooks Author application, and the changes clearly outline the Cupertino, Calif.-based Company only requires .iBooks formatted products created in iBooks Author to sell through the iBookstore.

With that said, Apple aims to sell the packaged format without claiming the content nor restricting where else authors can distribute the content.

iBooks Author released alongside iBooks Textbook last month and controversy immediately brewed over its terms and conditions, which many claimed infringed upon software rights and imposed unjust requirements…

The uncertainty stemmed from Apple’s language in the agreement, with critics convinced that Apple tried to claim content rights to all books created for iBooks Textbooks. Questions also arose concerning whether Apple intended to control books from publishing elsewhere in another form.

The modified license agreement simplified complex wording— especially in Section 2, which originally stated:

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 update reflects the following changes to 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.

The new agreement explained that Apple never planned to confine the distribution of non-.iBooks content, and the EULA clarified users are allowed to distribute .iBooks formatted documents elsewhere—they just cannot charge elsewhere.

“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,” Apple stated in a note at the beginning of the license agreement.

The updated license agreement is a free download through the App Store.

In related news, Apple also updated its iBooks application to version 2.0.1 today. It fixes an issue concerning various iBooks Textbooks unable to successfully open. Although the problem was not fully detailed by the company, it did release a statement last month promising a prompt fix.

iBooks 2.0.1 is a free download through the App Store.