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Apple Clarifies Restrictions on Sale of Content Created with iBooks Author

Just saw an updated version of iBooks Author on the Mac App Store with the following release notes:

This release provides an updated version of the End User License Agreement

It turns out that the new EULA not only has 4 new pages, but also changes this note at the beginning:

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.

To this:

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 include files in the .ibooks format.

That’s right. They added the sentence: “This restriction does not apply to the content of such works when distributed in a form that does not include files in the .ibooks format.”

Does this remind anyone else of the famous Liebeck v. McDonald’s Restaurants case?

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