Quote:
Originally Posted by CyGuy
Someone posted the EULA for this new book creator from Apple, it stinks really really badly. It would be like Microsoft claiming rights over any document created in MS Word, or Adobe claiming rights over any document published using Acrobat. It is utter nonsense.
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They EULA is interesting in this regards, since it creates an exclusive distributorship. My (and many others) interpretation of US copyright law is that including such a clause in a EULA won't hold up on court. Since claiming exclusive distributorship implies a
de facto transfer of (part of) the copyright this needs a written statement or contract (exact words in the Copyright Act: "an instrument of conveyance, or a note or memorandum of the transfer").
I am pretty sure the lawyers at Apple know this too; their strategy will probably rely on intimidating successful parties that breach the EULA instead of going to court. OTOH the quality of Apples legal team might be somewhat substandard, considering the outcome of the various IP cases they ran against Samsung.
