Are the Terms of Apple's New iBook Author Program Anti-Competitive?

Mike Halsey MVP
Jan 21, 2012
Updated • Jan 4, 2018
Apple, Companies
|
21

Apple's terms and conditions for using its new iBooks author program have now been revealed and Dan Wineman of Venemous Porridge has picked it apart to find a few clauses that could give rise to concern for authors.  The new programme is intended to do for self-publishing what the iTunes store did for podcasts, and open up new opportunities for everybody.

As an author who self-published my first book through Lulu I find this very interesting as it's fantastic when a new publishing medium comes along to encourage budding authors everywhere.

However Wineman's close inspection of the terms shows that Apple might have their own ideas on what is considered literary genius and how you might want to use their service.  Of particular interest is this paragraph...

Apple 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.

It's in the distribution section though that my friend and colleague Ed Bott, a veteran author, has taken special note of one particular clause.

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

This is the lock-in, the clause that states if you choose to use the iBook store to distribute your work you cannot sell it anywhere else.  Personally, as an author, I wouldn't want to sign a lock in with any one provider, especially an untested one no matter how successful the Apple stores are at the moment.  When people want to buy books I'd want to be on Amazon and this is clearly where Apple are aiming their guns.

Now if you're about to submit an angry comment about how anti-Apple I am, hold fire!  I think that Apple's decision to help and encourage authors is a very welcome one.  Don't forget I'm an author myself and have self-published a book.  This isn't an easy process and anything that Apple can do to make the process easier will be very welcome.

Nobody ever reads terms and conditions though and these clauses could be considered both unfair and anti-competitive.  I would imagine that Apple will probably have to back down and it won't be the first time that a company's legal department got over-enthusiastic and misunderstood the market a product was aimed at.  I'm not going to say this was deliberate because any executive with a modicum of common sense would know it would never be allowed.

The fact remains that it is currently there and it's not gone yet.  We will have to wait and see what, if anything, Apple say about this.  But if you want to also sell your works on Amazon, and don't want to seek Apple's "separate written agreement", then you might want to steer clear for now.

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Comments

  1. The Dark Lady said on July 9, 2023 at 11:19 am
    Reply

    Martin, I would appreciate that you do not censor this post, as it’s informative writing.

    Onur, there is a misleading statement “[…] GIFs are animated images …”. No, obviously you don’t seem to have take much notice of what you were told back in March regarding; Graphics Interchange Format (GIF).

    For example, https://www.ghacks.net/2023/03/31/whats-gif-explanation-and-how-to-use-it/#comment-4562919 (if you had read my replies within that thread, you might have learnt something useful). I even mentioned, “GIF intrinsically supports animated images (GIF89a)”.

    You linked to said article, [Related: …] within this article, but have somehow failed to take onboard what support you were given by several more knowledgeable people.

    If you used AI to help write this article, it has failed miserably.

    1. E. Fromme said on September 29, 2023 at 1:32 pm
      Reply

      EMRE ÇITAK posts are useless because they are fraught with inaccuracies and are irrelevant.

  2. KeZa said on August 17, 2023 at 5:58 pm
    Reply

    AI is stupid, and it will not get any better if we really know how this all works. Prove me wrong.. https://www.youtube.com/watch?v=4IYl1sTIOHI

  3. Database failure said on August 18, 2023 at 5:21 pm
    Reply

    Martin, [#comment-4569908] is only meant to be in: [https://www.ghacks.net/2023/07/09/how-to-send-gifs-on-iphone-two-different-ways/]. Whereas it appears duplicated in several recent random low-quality non relevant articles.

    Obviously it [#comment-4569908] was posted: 9 July 2023. Long before this thread even existed… your database is falling over. Those comments are supposed to have unique ID values. It shouldn’t be possible to duplicate the post ID, if the database had referential integrity.

  4. Howard Pearce said on August 25, 2023 at 12:24 pm
    Reply

    Don’t tell me!

    Ghacks wants the state to step in for STATE-MANDATED associations to save jobs!!!

    Bring in the dictatorship!!!

    And screw Rreedom of Association – too radical for Ghacks maybe

  5. Howard Allan Pearce said on September 7, 2023 at 9:13 am
    Reply

    GateKeeper ?

    That’s called “appointing” businesses to do the state’s dirty work!!!!!

    But the article says itself that those appointed were not happy – implying they had not choice!!!!!!

    1. Howard Allan Pearce Jones said on October 1, 2023 at 4:28 am
      Reply

      Rreedom of Association is one of our most important rights. Some people think it’s Freedom, but no, I say Rreedom is far more important. There are many STATE-MANDATED associations that save jobs, that’s right MANDATED. I can’t name any of them, but rest assured they are bad, because saving jobs are bad, and people having jobs leads to dictatorship!!! Anyone who disagrees is too radical for Ghacks maybe, because I’m not sure.

  6. owl said on September 7, 2023 at 9:50 am
    Reply

    @The Dark Lady,
    @KeZa,
    @Database failure,
    @Howard Pearce,
    @Howard Allan Pearce,

    Note: I replaced the quoted URI scheme: https:// with “>>” and posted.

    The current ghacks.net is owned by “Softonic International S.A.” (sold by Martin in October 2019), and due to the fate of M&A, ghacks.net has changed in quality.
    >> ghacks.net/2023/09/02/microsoft-is-removing-wordpad-from-windows/#comment-4573130
    Many Authors of bloggers and advertisers certified by Softonic have joined the site, and the site is full of articles aimed at advertising and clickbait.
    >> ghacks.net/2023/08/31/in-windows-11-the-line-between-legitimate-and-adware-becomes-increasingly-blurred/#comment-4573117
    As it stands, except for articles by Martin Brinkmann, Mike Turcotte, and Ashwin, they are low quality, unhelpful, and even vicious. It is better not to read those articles.
    How to display only articles by a specific author:
    Added line to My filters in uBlock Origin: ghacks.net##.hentry,.home-posts,.home-category-post:not(:has-text(/Martin Brinkmann|Mike Turcotte|Ashwin/))
    >> ghacks.net/2023/09/01/windows-11-development-overview-of-the-august-2023-changes/#comment-4573033

    By the way, if you use an RSS reader, you can track exactly where your comments are (I’m an iPad user, so I use “Feedly Classic”, but for Windows I prefer the desktop app “RSS Guard”).
    RSS Guard: Feed reader which supports RSS/ATOM/JSON and many web-based feed services.
    >> github.com/martinrotter/rssguard#readme

  7. Anonymous said on September 14, 2023 at 6:41 pm
    Reply

    We all live in digital surveillance glass houses under scrutiny of evil people because of people like Musk. It’s only fair that he takes his turn.

  8. Anonymous said on September 18, 2023 at 1:31 pm
    Reply

    “Operating systems will be required to let the user choose the browser, virtual assistant and search engine of their choice. Microsoft cannot force users to use Bing or Edge. Apple will have to open up its iOS operating system to allow third-party app stores, aka allow sideloading of apps. Google, on the other hand, will need to provide users with the ability to uninstall preloaded apps (bloatware) from Android devices. Online services will need to allow users to unsubscribe from their platform easily. Gatekeepers need to provide interoperability with third-parties that offer similar services.”

    Wonderful ! Let’s hope they’ll comply with that law more than they are doing with the GDPR.

  9. sean conner said on September 27, 2023 at 6:21 am
    Reply
  10. Sherry Grant said on September 29, 2023 at 7:47 pm
    Reply

    What does this article about Musk/Tesla have to do with computing, devices, phones?
    More irelevant filler.

  11. Anonymous said on September 29, 2023 at 8:47 pm
    Reply

    yeah sure… they are always the victims and it is only against them ????

    Believe them 100% and never question anything. This lawsuit sounds like the type you heard when people were eating batteries.

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