Too many Apple lawyers? Too many Apple apologists?

I admire Apple tremendously. They are a true American success story and a global icon. They are simultaneously remaking the music industry, publishing industry, television. They are re-constructing the world wide web, operating one of the best supply chains of any industry and making more money than nearly any company in history.

Their products -- hardware products -- are second to none. Whether smartphone, tablet, computer or MP3 player, soon, perhaps, television, no one makes it better than Apple.

That's the kind of achievement that garners not only praise, but patience. Apple has achieved so much, changed so many industries, improved so many lives, that it's to be expected that customers and non-customers can be quick to forgive and willing to wait when Apple makes a mistake.

As they have with their awful iBooks Author end user license agreement.

I will be patient with Apple, but I will not apologize for them. The iBooks Author program, which is a *free* Apple tool designed to make iPad books sold and distributed via an Apple Store is reduced from revolutionary to disdain all because Apple has lawyered up.

BetaNews pulls out some of the more onerous passages of the iBooks Author EULA:

Apple's software startles by offering several warnings about rights and distribution, which is best summed up in Section 2 of the EULA:

B. Distribution of your Work. As a condition of this License and provided you are in compliance with its terms, your Work may be distributed as follows:

(i) if your Work is provided for free (at no charge), you may distribute the Work by any available means;

(ii) if your Work is provided for a fee (including as part of any subscription-based product or service), you may only distribute the Work through Apple and such distribution is subject to the following limitations and conditions: (a) you will be required to enter into a separate written agreement with Apple (or an Apple affiliate or subsidiary) before any commercial distribution of your Work may take place; and (b) Apple may determine for any reason and in its sole discretion not to select your Work for distribution.

In this instance, if you did not, you would not know that Apple is seeking to restrict where you may distribute your work! Yes, it's their store, so they get a cut. But to not allow you to sell your work anywhere else? Is that even legal?

This is bullshit. I'm not going to apologize for Apple here. No one should. This is not an instance of Apple seeking to control their product, their service, their format. Rather, seeking to control my creativity.

Which is very un-Apple. 

Not everything I do with my Apple computer and my Apple iPad and my Apple software will wish to -- or need to -- remain within Apple's walled garden. Even those programs designed by Apple to be explictly used with another Apple product and reside on an Apple platform may very well find their way out.

As they should. 

Apple didn't even create a tool to necesarily prevent this. Rather, they buried their restrictions inside a license agreement they know almost no one reads. 

Shit is fucked up and bullshit.