Apple's iBooks EULA Drawing Ire

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 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 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."

Next step

[Skarecrow77]

Bic Pens Inc now claims exclusive distributorship rights for anything created with one of their writing implements.

Not to be outdone, Starbucks now claims exclusive distributorship rights for anything created while under the influence of their beverages.

Re:Next step

[ozmanjusri]

Just ask Ernest Hemingway, Jack Kerouac, Jack London or Edgar Allan Poe,

I'd definitely need spirits to contact any of them.

Re:By reading this comment you agree to mod me up

[Anonymous Coward]

Ah, goatse is back! Maybe this is a sign that the trolls are going to go back up in quality.

Re:Next step

[formfeed]

Who knows what other works he could have completed had he not drank himself to death.

For sure, it would have been more cheerful.

• Islands with summer houses in the stream. Painter spends a happy life on an island.
• The young couple at the sea. Young couple goes sailing, they catch a fish but loose it again. No big deal, they'd rather make out anyhow.
• For whom wedding bells toll.Young American goes to Spain, meets local girl and gets married.
• A welcome to arms.Young soldier has a great time fighting, falls in love, lives happily ever after.

Re:$0 Now,

[petman]

I'm on Windows and on the page it says, "To download Xcode from the Mac App Store, you need a Mac with Mac OS X 10.6.6 or later .". So where can I get one of those for free?