After all the hue and cry over Apple’s vague and alarming EULA for its iBooks Author product, Apple’s lawyers got smart and amended the provisions to clarify what exactly they were trying to wall off in their garden:
(ii) if the work is provided for a fee (including as part of any subscription-based product or service) and includes files in the .ibooks format generated using iBooks Author, the work may only be distributed through Apple, and such distribution will be subject to a separate written agreement with Apple (or an Apple affiliate or subsidiary); provided, however, that this restriction will not apply to the content of the work when distributed in a form that does not include files in the .ibooks format generated using iBooks Author. You retain all your rights in the content of your works, and you may distribute such content by any means when it does not include files in the .ibooks format generated by iBooks Author.
So, Apple wants to control distribution of .ibooks files, not the content. Fair enough.
The iBooks Author EULA wasn’t so much evil as lacking in foresight. Good on Apple for relatively quickly fixing that.