iBooks Author owns your format, not your content

There's been a lot of heat and fury surrounding the iBooks Author terms and conditions ever since the service was introduced last week. To boil the controversy down to basics, Apple has introduced a private protocol extension that takes EPUB to the next generation. And then they created a business model that uses this proprietary technology to monetize commercial transactions. This runs right in line with my predictions from earlier this month.
This decision, to build a proprietary format on an open standard, has led to a lively debate about whether a member of an open standards organization should be creating private standards like the .ibooks format or AirPlay. And, to be fair to Apple, to even realize that this proprietary format is based on an open standard, you actually have to crack open the files and expose the EPUB underpinnings. Apple wasn't exactly announcing how they did things last week at the educational media event.
From a tech point of view, the .ibooks format itself is exciting stuff. It takes a major step forward, blending HTML 5 tech directly into ebooks and unifying books with the complete iWorks suite.
A few weeks ago, I wrote that "I believe that Apple should be leading a revolution in embedded live book elements with video, programmable app and web integration, and more (Think "Khan Academy" as books, for example). Why aren't we seeing both the specs and the tools with Apple trailblazing forward?"
Today, that reality is here, with iBooks Author. I know several people who are already using the Khan Academy material. And because Apple moves the format forward so much from the open standard it was based upon, developers should have no issues with Apple making the updated version private.
If you thought Dashcode was an optional Xcode extra not worthy of notice, now's a great time to reassess. At the risk of being hit with rotten vegetables, the "sweet solution" of 2007 has now come into its own: 1960's? Plastic. 2010's? HTML 5. With smart coding, you can embed entire applications into iBooks.
Scarily accomplished developer Steven Troughton-Smith recently managed to embed a playable version of his classic iOS app Lights Off inside an iBooks book using a Dashcode widget written with HTML 5. "This is the first time Dashboard widgets have worked on iOS," he points out.
What's more, he tells me that some developers have gotten the WebOS app framework (Enyo) and Cappucino to run inside their books. In terms of creative expression, this is a huge development with nearly limitless possibilities. Troughton-Smith said, "It will be absolutely epic for designers and developers making portfolios, or perhaps a book that reviews apps and contains mini versions, or whatever."
So yes, Apple intends to control the sole paid delivery portal for this technology, freely offering the tool to create new .ibooks files, taking a 30% cut of all commercial material developed using this specification. At the same time, they're the ones who are developing both the authoring tools and the distribution apps on their own nickel.
I don't think I'm going out on a limb when I say that I believe that Apple is moving forward in a smart and well-calculated fashion. While Amazon's KDP Select program created exclusivity due to legal agreements and shared profits, Apple is building its own kind of proprietary author cadre based on new and forward-looking technology.
Absolutely no one will be forced to use the new .ibooks format or the tools that create those files. If you wish to publish a non-exclusive EPUB on the iBooks store as well as on Amazon, Nook, etc, you are welcome to do so. Nor do I personally think that Apple will come after anyone who shares material between .ibooks editions and EPUB ones. I am, obviously not a lawyer, but I believe Apple is protecting and charging for use of its format, not aggressively seizing content.
On the whole, I have been deeply pleased with nearly everything I have discovered in iBooks -- from its media support to its strong accessibility extensions.
I don't know about you, but I'm getting ready to brush up on my Javascript skills. If you're an app dev, you probably will want to as well.
[Update February 3rd 2012: Apple's terms and conditions now clarify "If you want to charge a fee for a work that includes files in the .ibooks format generated using iBooks Author, you may only sell or distribute such work through Apple, and such distribution will be subject to a separate agreement with Apple. This restriction does not apply to the content of such works when distributed in a form that does not include files in the .ibooks format."]
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There's been a lot of heat and fury surrounding the iBooks Author terms and conditions ever since the service was introduced last week. To...
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"Nor do I personally think that Apple will come after anyone who shares material between .ibooks editions and EPUB ones."
Just to be on the safe side, publish the EPUB version first, even if it is just by a day. That makes it the original version and the ibooks version the derivative. Which may just give your lawyer something to work with.
"And, to be fair to Apple, to even realize that this proprietary format is based on an open standard, you actually have to crack open the files and expose the EPUB underpinnings"
so, as long as you're good in obfuscating the open standard part you base your proprietary format on is all fine and dandy?
As an educator, the .ibooks format is extremely interesting to me. I wrote about it here: http://frank-lowney.blogspot.com/2012/01/ibooks-author-and-coming-etextbook.html
As I read the EULA, it's only the .ibooks files that were created by the iBooks Author app that are restricted to the iBookstore IF they are not free. Therefore, Apple is not asserting a property interest in the .ibooks format. Put simply, you could hand code an .ibooks file with impunity.
When you reflect on it, this is actually quite a modest claim for Apple. They do not assert ownership of the format or the content. They do assert a claim on files produced with iBooks Author that are offered for sale but that's it!
So, develop apps that output .ibooks files, develop hardware of software eReaders that display .ibooks files. There is nothing to stop you from doing just that.
I cringe every time I see one of Erica's articles on a topic that interests me. I don't care what you predicted, I don't care who you know, I don't care about your desire to brush up on Java. What I do care about is whether Apple intends to place the same restrictions on selling PDF documents created with iBooks Author. Maybe you ran out of room to discuss that issue while you spent so much time patting yourself on the back.
January 24 2012 at 5:46 PM Report abuse Permalink -1 rate up rate down Reply"If you wish to publish a non-exclusive EPUB on the iBooks store as well as on Amazon, Nook, etc, you are welcome to do so. Nor do I personally think that Apple will come after anyone who shares material between .ibooks editions and EPUB ones."
If you don't know, then why would you title your article "iBooks Author owns your format, not your content" ?
The TITLE is the main question here? You praised Ibooks for the whole article, and at the end said "I don't know if your Content would be your's to keep" !!!
Are you kidding?
The big problem the Ibook Author is the Ibookstore.
Impossible to open Ibookstore account for non resident in Usa developers. You need Tax Id in US. And the partners Content Aggregator is very high cost for smalls authors. You only obtain a 40 % of your price, if you have good luck.
Not impossible at all, you can easily get a US Tax ID, as the website says.
January 24 2012 at 6:14 PM Report abuse Permalink +1 rate up rate down ReplyRight, bc for a Non-US resident, dealing with 5 IRS forms and wait 12 weeks (at lease, if all the forms are filled correctly) for a US Tax ID would be one of the most wonderful experience on this blue little planet… I really counted, 5 lengthly forms…
January 24 2012 at 10:37 PM Report abuse Permalink -1 rate up rate downEasy? Americans must be used to bureaucracy an order of magnitude above anything else on the planet. And then do you get to file US tax returns every year? No thanks, I'm an author, not a tax consultant.
Smashwords does it right, I think. Go through this incredible rigmarole. Or just pay the 30% withholding tax and try to avoid the double taxation in your own country, where you at least have some idea how the system works (or you can get a consultant to do it for you). Apple can't/won't give you that choice.
Embrace, extend and extinguish.
They're just borrowing this philosophy from Microsoft, lol.
was about to say the same thing: when microsoft did this it was called...
January 24 2012 at 3:43 PM Report abuse Permalink +1 rate up rate down ReplyI'll agree with the embrace & extend part but not extinguish. They're not extinguishing anything. iBooks 2.0 still recognizes standard EPUB books. Also, assuming the article is correct, you're allowed content sharing among iBooks Author books & standard EPUBS so you can distribute outside of iBooks.
Maybe I'm blind but I'm not seeing Apple extinguishing anything. They've just created their own proprietary standard IN ADDITION TO supporting the open EPUB standard.
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