That's the thing - they probably did look over it. The EULA clause may or may not be bad business, but that doesn't make it unenforceable. There doesn't look to be anything that is legally out of place here. By agreeing to use the iBooks Author software you are agreeing to those terms - it's a contract. That's been settled law for a while now.
The only reason it would be unenforceable is if the terms are unreasonable. Unreasonable is pretty specifically defined in the common law, and it doesn't just mean that you and I don't like it.
In this particular context you would probably have to prove that there is economic duress, which might be a valid argument if Apple owned a monopoly on all textbook producing software and electronic textbook sales - which as of right now, they don't.
So barring something else more monstrous lurking in the EULA I'm not convinced that anything can be done about it (in court).
The only reason it would be unenforceable is if the terms are unreasonable. Unreasonable is pretty specifically defined in the common law, and it doesn't just mean that you and I don't like it.
In this particular context you would probably have to prove that there is economic duress, which might be a valid argument if Apple owned a monopoly on all textbook producing software and electronic textbook sales - which as of right now, they don't.
So barring something else more monstrous lurking in the EULA I'm not convinced that anything can be done about it (in court).