Ok. This morning I woke up to CNN and HLN blaring away with their gorgeous female anchors about “no more back problems” from those 100 lb. back packs our kids (and you) had to drag to school and back. Incredible.. super rich content, videos, “An A Student in every pot”.

What’s the “instead of”? The iPad. Right. The inexpensive and about to be flooded with textbook iPads. Sure. Who and which school district is going to be supplying those (even if only to be used on the school premises)? Maybe in rich school districts, and maybe if the school can find a corporate sponsor (what will the kids have to eat, drink, wear or promise to become to get that, I wonder).

Well, even if all that can be overcome (I’m having ‘visions’ of Obama going to China for more money – shudder), Apple’s newest Author’s Contract “masterpiece” of greediness insures our national debt not increasing that way.

Turns out that Apple doesn’t charge for the iAuthor software, BUT if you author a book using it, or port one to it and wish to sell it, Apple has to get a cut. It also ensures an exclusive market through their apps store. Apple doesn’t claim any legal rights to the content an author creates using its Xcode toolset. Instead, they enforce technical restrictions; apps must be cryptographically signed by Apple in order to run on unaltered iOS devices.

Dan Wineman ( http://venomousporridge.com/post/16126436616/ibooks-author-eula-audacity) said it best:

“But if you look at the end-user license agreement (EULA) for iBooks Author, accessible via the app’s About box, the following bold note appears at the top:

IMPORTANT NOTE:
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.

And in section 2:

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 ( Apple may determine for any reason and in its sole discretion not to select your Work for distribution.

In other words: Apple is trying to establish a rule that whatever I create with this application, if I sell it, I have to give them a cut. And iBooks Author is free, so this arrangement sounds pretty reasonable.

Here’s the problem: I didn’t agree to it. Apple wants me to believe I did, of course, just by using the software:

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE APPLE SOFTWARE. BY USING THE APPLE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE SOFTWARE.

But that language is in the EULA itself, a contract of adhesion which I was not required to sign (or even indicate my agreement to by clicking) before installing the software. So, to paraphrase: By using this software, you agree that anything you make with it is in part ours. But if it can say that and have legal force, can’t it say anything? Isn’t this the equivalent of a car dealer trying to bind you to additional terms by sticking a contract in the glove compartment? By driving this car, you agree to get all your oil changes from Honda of Cupertino?”

So, while CNN and HLN might hve found a 5 minute filler for their endlessly streaming, poorly researched drivel, and a great free add for the boys in Cupertino, this one just won’t happen for a couple of good reasons (cost and content), or there’ll be textbooks authored by nooby authors who really will do anything to get published (and I ‘m not blaming them: They’re working for a living). 

But…maybe worse: It will.

Then, can Apple censor and approve or disapprove of schoolbooks for content? What if they aren’t diligent in researching what is put in those books (this happens with ‘real’ books, folks – don’t laugh)? And if Windows tablets are used, will it be different?

Oh yes, all the papers and maybe research stuff written on an iPad at the University and post grad level… just who does that belong to now?

Additional source:

http://www.zdnet.com/blog/bott/apples-mind-bogglingly-greedy-and-evil-license-agreement/4360?tag=content;feature-roto