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iBooks Author EULA restrictions invite antitrust concerns

Apple's end user license agreement for the iBooks Author app has generated extensive controversy among authors and publishers.  Namely, the agreement restricts paid distribution of “works” created with the software to the iBookstore only.

Ars Technica Chris Foresman

Context & Ripple Effects

The EULA fight is a direct sequel to Apple's 2010 move to let authors sell directly in the iBookstore and its earlier use of private APIs to control what iBooks could do — the pattern being a free creation tool whose output is tethered to Apple's store. It landed one day after Apple's January 23, 2012 iBooks textbook initiative, which is what iBooks Author was built to serve.

The backlash traveled fast: Ed Bott framed the license as sabotaging the open EPUB standard, while Daring Fireball pushed back on the outrage. The antitrust angle has extra weight because publishers were already under scrutiny — a publishing insider tipped law firms about an alleged e-book price-fixing conspiracy in December 2011.

First-order effects

  • Authors and publishers who adopt the free iBooks Author tool accept that any paid 'work' made with it can only be sold through the iBookstore, forfeiting Amazon, Barnes & Noble, and direct channels for that title.
  • Apple gets exclusive content flowing into a store it launched against established e-book retailers, at zero content-acquisition cost.

Second-order effects

  • Competing retailers and self-publishing platforms now have a concrete grievance to cite when arguing Apple ties a creation tool to distribution, strengthening the antitrust case being assembled around e-book pricing.
  • Toolmakers and standards bodies face pressure to position open formats like EPUB as the escape hatch, making format openness itself a competitive selling point against Apple's pipeline.

Third-order effects

  • If the tool-plus-exclusive-store model holds, app-store gatekeeping extends into book and textbook publishing, with Apple controlling both the means of production and the sole paid outlet — exactly the structure antitrust enforcers target.
  • The controversy hands regulators a fresh template for examining how platform owners use free developer tools to lock in content supply, alongside the pending pricing inquiry.

The trend: Platform owners are extending the app-store gatekeeper model into publishing by tying free creation tools to exclusive storefronts, pulling books into the same antitrust spotlight as apps and e-book pricing.