iBook Author – is it OER incompatible?

Important update (20 February 2012): Apple acted to change the End User License Agreement on 3 February 2012 with release 1.0.1 of iBook Author. This modified the restriction on commercial use to say “and includes files in the .ibooks format generated using iBooks Author” so it only applies to the iBook version of the text. As long as iBooks is the only platform to support that format this is no problem. So I hope it fixes most of the issues I mention. Though I must admit it still leaves me a little uncomfortable and probably still needs checking out a bit further.

Original post (20 January 2012): Following today’s Apple Education announcement I was intrigued by the CNET live blog having the comment that it was HyperCard reborn so I thought it might be worth a download. (Though still not an iPad owner.) The interface looks fine and my first thoughts were positive – this could be a way to finally knock Word off its undeserved position as the default way to pass documents around. But then just before I got going to have a play with actually doing something I noticed this:

The iBooks Author export dialog explaining that Books can only be sold through the iBookstore

The iBooks Author Export Dialogue

So this says that I can only sell by Book through the iBookstore. Fine I have no intention of selling anything… BUT I think this is the first time I have come across an application that says that I can only use the output – the thing I make – in a particular way. I then went investigating into the licence that I would be signing up for if I used the software.

This shows the link to the licence conditions.

Pressing on the License Agreement button gave me this:

This text warns about the restrictions on selling iBooks

Then reading down to the small print I find this explanation of what I can do:

This shows the option to distribute for free or if a fee is charged it must be through iBookstore

So condition (ii) clearly says that if you are making any money from the iBook then it must be distributed through Apple. But what about condition (i)  – that sounds ok but I feel there could be a couple of catches.

Catch 1: the file format is .iba (not sure you can do much with that other than put it it iBooks I guess) but you can also get a PDF so maybe that is not so bad.

Catch 2: if I produce something I want to but a Creative Commons licence on it. In fact if I am producing something for a couple of projects that I work on I am contractually required to produce it using CC-BY. But then CC-BY allows anyone else to republish AND they may do so for commercial gain.

So either I have found a loophole – release with CC-BY then anyone else (which typically include you) can reuse your work in anyway they wish provided they attribute it to you. OR I have found a barrier – you cannot stick a CC-BY licence on anything made with iBook Author. The terms imply this is true even if you export it as PDF (or strictly probably even if you export as text).

The CC-BY license showing attribution

This needs the usual health warning – I am not a legal expert, what is more I can just be plain wrong :-). Anyway I don’t like this condition and I have written this blog instead of playing with the software.