Apple’s iBooks EULA Drawing Ire

Slashdot has this intriguing story about the new Apple iBook publishing arrangement:
iBooks AuthorApple’s iBooks EULA Drawing Ire
Posted by Unknown Lamer on Tuesday January 24, @05:10PM
from the publish-and-perish dept.

An anonymous reader writes in with one of many articles about the iBooks EULA (End User Licensing Agreement), 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.”
From Slashdot at

The “Ars Technica” site has a thoughtful discussion of this problem here.

And this review of the Apple program “iBooks Author” on the «MacWorld» site is detailed and worth reading.