Only titles formatted in “.iBooks” must sell through the iBookstore

Feb 4, 2012 09:20 GMT  ·  By

Apple has updated its End User License Agreement (EULA) for the iBooks Author application to amend a section that spurred controversy regarding the sales of e-books created with the tool.

The updated EULA comes as part of update 1.0.1. It arrives alongside the new iBooks 2.0.1, which fixes an issue that caused various iBooks Textbooks to crash.

The new iBooks Author EULA states that only titles using the .iBooks format must go through the iBookstore.

The changes are specified in Section 2 of the document, which now states the following:

B. Distribution of Works Generated Using the iBooks Author Software. As a condition of this License and provided you are in compliance with its terms, works generated using iBooks Author may be distributed as follows: (i) if the work is provided for free (at no charge), you may distribute it by any means; (ii) if the work is provided for a fee (including as part of any subscription-based product or service) and includes files in the .ibooks format generated using iBooks Author, the work may only be distributed through Apple, and such distribution will be subject to a separate written agreement with Apple (or an Apple affiliate or subsidiary); provided, however, that this restriction will not apply to the content of the work when distributed in a form that does not include files in the .ibooks format generated using iBooks Author. You retain all your rights in the content of your works, and you may distribute such content by any means when it does not include files in the .ibooks format generated by iBooks Author.

Apple doesn’t restrict iBooks content to the .iBooks format and users are allowed to distribute .iBooks formatted documents elsewhere as well, so long as they don't have a price tag.

Per the updated EULA, Apple still retains a 30 percent cut from all sales routed through the iBookstore.

The company specifically states at the beginning of the license agreement, “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.”