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  Apple's New EULA a Real Game-Changer (Not in a good way) 
 
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john albrich Jan 20, 2012, 10:56am EST Reply - Quote - Report Abuse
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Edited: Jan 20, 2012, 11:08am EST

Replies: 7 - Views: 3103
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Definitely worth reading the entire article. Not only for its apparent impact on users of the Apple product but for an insight into things to come from Apple and other "app" programmers.

Personally, I find it difficult to believe that courts would find such an agreement binding to its strictest apparent terms, but it is contract law...and very odd things can happen. It would be like employers trying to claim they own virtually everything you create, even when it's on your own time and not work related (those kinds of employment contracts were held unenforceable in the U.S. quite some time ago).

If what this seems to be proves to be successful for Apple, look for a FLOOD of similar requirements from Apple and other companies in everything from using apps, to websites, and to how SOPA and PIPA are enforced. For example, all Apple would have to do is CLAIM a "Work" published or made available on a website was created using their iBooks Author "publishing" program, and they could very well have that website shut down.

If Bott's analysis checks out, this is indeed a very worrisome development.

http://www.zdnet.com/blog/bott/apples-mind-bogglingly-greedy-a...ement/4360
Apple's mind-bogglingly greedy and evil license agreement
By Ed Bott | January 19, 2012, 1:32pm PST

Summary: Over the years, I have read hundreds of license agreements, looking for little gotchas and clear descriptions of rights. But I have never, ever seen a legal document like the one Apple has attached to its new iBooks Author program....

I have never seen a EULA as mind-bogglingly greedy and evil as Apple’s EULA for its new ebook authoring program....

Apple, in this EULA, is claiming a right not just to its software, but to its software’s output. It’s akin to Microsoft 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 sell it to Getty. As far as I know, in the consumer software industry, this practice is unprecedented.



I'd take the argument deeper. What gives Apple "first dibs" on your work? What about the Operating System you use? What about the keyboard, motherboard, etc manufacturers? The power company? They ALL made it possible for you to create your "Work"...and you couldn't even use iBook Author were it not for those components. Don't they have legal precedence?


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DoubleDouble Jan 20, 2012, 12:28pm EST Reply - Quote - Report Abuse
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>> Re: Apple's New EULA a Real Game-Changer (Not in a good way)
This is another great example of the power large corporations now have over everyone, including the government.

Just like how large producing companies influenced the SOPA/PIPA movement.

Apple has a history of bullying anyone.anything that gets in their way of owning things. From their ridiculous patent lawsuits all the way to this.

It's a shame so many people on this planet have no idea how evil Apple really is and continue to support them - solely by looking at their face value; white colours, hipster users, colourful advertising and the god-like persona given to it's now deceased CEO - who in reality - was cruel and greedy.

I work for a company who sells all makes and models of laptops ( including Apple ). I have never supported Apple because of the above reasons + many more....and I can tell you without a shadow of a doubt - their laptops shells may be good quality - but the components are not. The plastics are weak - the low level soldering is poor and the thermals are terrible. Apple products make up 8% of our models we sell. The RMA we receive? 40% Apple.

Dr. Peaceful Jan 20, 2012, 02:52pm EST Reply - Quote - Report Abuse
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Edited: Jan 20, 2012, 03:08pm EST

 
>> Re: Apple's New EULA a Real Game-Changer (Not in a good way)
An analogy to this is, a paper manufacturer says, "if you use our paper to make a book for selling, you must: one, have us read it to approve if its content's appropriate according to our moral standards; two, you must sell it through us and us only!"

Another analogy to this is, a CD/DVD duplicator manufacturer says, "if you use our machine to make CDs or DVDs for selling, you must: one, have us look at the discs to see if its content's appropriate; two, you must sell it through us only!"

Yet another analogy, a creator of a programming language says, "if you use our programming language to code a software for selling, you must: one, let us look at the software and its source codes to determine if the software is necessary and if its codes are in accordance to our coding standards; two, you must sell the software through us and we own the copy right of your codes!" ;)


It's just fundamentally wrong. Just like John said, there are many materials and tools contribute to the creation of a product. You may need to pay for the use of some the tools and materials, but the final product should be yours, and yours to decide how to use and/or profit from it!

Also to add, by all means Apple is not a book publishing company, it has no rights to approve or disapprove any book, even if it in electronic file format.

If we allow Apple to dominate / control the education resources (i.e. textbooks) of our next generations, we are doomed!

Meats_Of_Evil Jan 21, 2012, 12:07am EST Reply - Quote - Report Abuse
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>> Re: Apple's New EULA a Real Game-Changer (Not in a good way)
Damn, all of this is getting way to scary. We need to spread this kind of information around so that people stop being idiots and think twice when supporting apple.

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Everything I write is Sarcasm.
john albrich Jan 23, 2012, 10:55am EST Reply - Quote - Report Abuse
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Edited: Jan 23, 2012, 11:08am EST

 
>> Re: Apple's New EULA a Real Game-Changer (Not in a good way)
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Some additional information worth reading. Authors claim iBooks proprietary format impacts families and childrens' educations. I'd include state education budgets and taxes as well.

I'm thinking perhaps it might be more accurate to rename this thread
"Apple Sabotaging Digital Book Open Standard?" or
"Apple Sabotaging e-book Open Standard?" or
"Apple Attempting to Monopolize Textbook Market?"
How Apple is sabotaging an open standard for digital books
http://www.zdnet.com/blog/bott/how-apple-is-sabotaging-an-open...books/4378
By Ed Bott | January 22, 2012, 3:00pm PST
For nearly two years, Apple has wooed digital book publishers and authors with its unconditional support of the open EPUB standard. With last week's introduction of iBooks 2.0, Apple has deliberately locked out that standard. Here’s why you should care....
The poor get poorer and the rich get richer with Apple's iPad-based textbooks
By Steven J. Vaughan-Nichols | January 22, 2012, 12:02pm PST
Summary: Apple’s new iBooks textbooks will widen the digital gap between the educational haves and have-nots.
http://www.zdnet.com/blog/open-source/the-poor-get-poorer-and-...ooks/10186
Apple seems to have no interest in bringing iBooks to Windows PCs, Linux computers, Android tablets or, for that matter, even its own MacBook Air. Low-end Android tablets? Give me a break! Revised January 23, 2011 to reflect that the iBook format is a proprietary extension of EPUB
Amazon: "Primed" to disrupt Apple's textbook plans?
http://ct.zdnet.com/clicks?t=1117317003-ba6a5c28b42736c9ffc55a...ET&s=5
By Jason Perlow | January 21, 2012, 10:13am PST
Summary: Apple may have thrown down the gauntlet for the iPad in education, but don’t count Amazon out.


edit to add:
Notice that these are from zdnet. You may wish to consider subscribing to its email notifications. ZDnet seems to be pretty active with articles on how computing technology affects society, legislation, and economy. I have no personal/financial interest in ZDNet, or it's affiliated publishers CBS Interactive, TechRepublic, or SmartPlanet.

john albrich Jan 24, 2012, 03:09pm EST Reply - Quote - Report Abuse
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>> Re: Apple's New EULA a Real Game-Changer (Not in a good way)
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Some standards are more open than others
By Ed Bott | January 23, 2012, 4:20pm PST
Summary: Ace Apple-watcher John Gruber thinks Apple is perfectly within its rights to build a proprietary, incompatible version of the open EPUB digital book standard. It’s not their business to reduce the cross platform burdens of the publishing industry, he says. So why do they still belong to a standards body pledged to do just that? (reduce cross-platform burdens)
http://www.zdnet.com/blog/bott/some-standards-are-more-open-th...thers/4394[/b]

Dr. Peaceful Jan 25, 2012, 11:20am EST Reply - Quote - Report Abuse
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>> Re: Apple's New EULA a Real Game-Changer (Not in a good way)
Thanks John for keeping us up with the readings.

john albrich said:
...
I'm thinking perhaps it might be more accurate to rename this thread
"Apple Sabotaging Digital Book Open Standard?" or
"Apple Sabotaging e-book Open Standard?" or
"Apple Attempting to Monopolize Textbook Market?"
...


I like the last, "Apple Attempting to Monopolize Texbook Market", better. I too think your current thread title is a little ambiguous.

john albrich Apr 11, 2012, 12:24pm EDT Reply - Quote - Report Abuse
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Edited: Apr 11, 2012, 12:28pm EDT

 
>> Re: Apple's New EULA a Real Game-Changer (Not in a good way)
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http://www.bbc.co.uk/news/business-17681137
US sues Apple and publishers over e-book prices
Technology giant Apple and major book publishers are being sued by the US Department of Justice over the pricing of e-books....

"To effectuate their conspiracy, the publisher defendants teamed up with defendant Apple, which shared the same goal of restraining retail price competition in the sale of e-books," according to papers filed in New York's Southern District court on Wednesday morning.


http://www.zdnet.com/blog/btl/doj-sues-apple-publishers-in-e-b...suit/73845
DoJ sues Apple, publishers in e-book price fixing antitrust suit
By Zack Whittaker | April 11, 2012, 7:26am PDT
Summary: The DoJ is suing Apple and five major e-book publishers as it begins an antitrust investigation into the alleged collusion of e-book price fixing.
The U.S. Department of Justice is suing Apple and five major international publishers for allegedly conspiring to fix — and subsequently increasing — the price of e-books in a bid to push Amazon and other e-book sellers.


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