![]() ![]() In an exclusive license, the copyright holder permits the licensee to use the protected material for a specific use and further promises that the same permission will not be given to others. There are two types of licenses under copyright law, an exclusive license and a nonexclusive license. But there’s a more fundamental problem: the terms are unenforceable under the Copyright Act. Jason Gilbert at Huffington Post considers the problems in enforcing the EULA as a “contract of adhesion” (because it’s included in the license and you have no ability to negotiate it) and as including “unconscionable” terms (a rare legal doctrine that courts virtually never apply). You can give it away, but you can’t sell it.” ![]() They won’t sell it, and you can’t legally sell it elsewhere. They reject it. Under this license agreement, you are out of luck. 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.Īpple 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.Īs Bott explains, “The nightmare scenario under this agreement? You create a great work of staggering literary genius that you think you can sell for 5 or 10 bucks per copy. (ii) if your Work is provided for a fee (including as part of any subscription-based product or.(i) if your Work is provided for free (at no charge), you may distribute the Work by any available means. ![]() 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: It seems Dan Wineman was the first to sound the alarm, with Ed Bott using his soapbox at ZDNet to shout it from the rooftops: Apple’s new “free” iBooks Author program, which allows authors to create their own professional layouts while they write books, includes an astonishingly greedy and overbearing clause in its end-user license agreement (“EULA”):ī. ![]()
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