Apple's iBooks EULA Drawing Ire

[wraggster]

An anonymous reader writes in with one of many articles about the iBooks EULA, this time questioning whether it is even enforceable. Quoting:"The iBooks Author EULA plainly tries to create an exclusive license for Apple to be the sole distributor (http://arstechnica.com/apple/news/2012/01/lawyer-ibooks-author-eula-restrictions-could-raise-antitrust-concerns.ars) of any worked created with it, but under the Copyright Act an exclusive license is a 'transfer of copyright ownership,' and under 17 U.S.C. 204 (http://www.bitlaw.com/source/17usc/204.html) such a transfer 'is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed.' When authors rebel and take their work elsewhere, Apple has, at most, a claim for breach-of-EULA — but their damages are the failure to pay $0 for the program (http://www.litigationandtrial.com/2012/01/articles/attorney/trademark-copyright-infringement/apple-ibooks-author/)."

http://apple.slashdot.org/story/12/01/24/2117210/apples-ibooks-eula-drawing-ire