Archive for the 'Legal Issues' Category

Amazon Settles Kindle Class Action Lawsuit

George Orwell's 1984Amazon.com dystopian nightmare has come to a close. Today, the company settled the class action suit brought against it for deleting copies of “1984″ from users’ Kindles. The cost? A mere $150,000.

The real victory in this settlement is the stipulations Amazon made, stipulations which may go a long way to address users’ concerns over the company’s apparent ability to remotely delete books from Kindle devices. Specifically Amazon stipulated it will not remove books in the future, unless:

  1. the consumer requests it or fails to pay;
  2. it is required by a court or regulator to do so; or
  3. it’s necessary to protect to Kindle or the network.

“1984″ Incident a Sign of Things to Come

George Orwell's 1984It’ll take more than an apology by Jeff Bezos to make the problems caused by Amazon.com’s “1984″ fiasco and the resulting class action lawsuit go away. So says Paul Sweeting at GigaOm, who has written a great article echoing what many have been thinking in light of the “1984″ fallout – this is only the beginning of Amazon.com’s problems (or any book store selling a network-connected e-book reader for that matter):

Even if Amazon were to promise not to do it again (as part of a settlement with Gawronski, say) it won’t be possible to un-ring that bell. Amazon now will undoubtedly face demands (and perhaps court orders) in future copyright disputes to use its powers to zap the offending files en masse, thus turning unwitting Kindle users into legal cannon fodder. The capability could also land Amazon in the middle of the brewing controversy over software “kill switches,” which may soon come complete with subpoenas from the Federal Trade Commission and “invitations” to testify before Congress.

The Book vs. The Kindle

Spotted by our friends at BoingBoing: a funny video illustrating one of the major disadvantages of the Amazon Kindle (or any e-reader for that matter) versus its analog predecessor:

You mean you can’t re-sell books you buy via the Kindle? Oh noes! Yes, it’s truly a publisher’s dream – charging again and again for the same bits. Makes me wonder: what’s the book equivalent of The Beatles’ “White Album”?

[via BoingBoing]

Amazon Sued for Eating Student’s Homework

George Orwell's 1984It appears that the PR fallout from Amazon’s deletion of copies of “1984″ from users’ Kindles isn’t over yet. Amazon.com is now being sued by a high-school student in Seattle who had annotated his copy of “1984″ as part of a summer homework assignment. When Amazon deleted the student’s copy of “1984″, it also rendered the student’s notes worthless – and now the student is launching a class-action lawsuit:

We appreciate Amazon.com’s newfound contrition, but words are not enough, explained Jay Edelson, the lead attorney for the class action. Amazon.com had no more right to hack into peoples Kindles than its customers have the right to hack into Amazons bank account to recover a mistaken overpayment.

Indeed, the ability to remotely delete items from users’ devices potentially has dire implications on a free society. This lawsuit may have far-reaching effects on any network-connected device, and result in a clearer definition of users’ rights over their devices and content.

Bezo’s Apologizes for “1984″ Snafu

George Orwell's 1984In an attempt to quell the outcry over Amazon.com’s deletion of illegal copies of “1984″ from their Kindles, CEO Jeff Bezos has taken to the Kindle discussion forum to offer a brief, if heartfelt, apology:

This is an apology for the way we previously handled illegally sold copies of 1984 and other novels on Kindle. Our “solution” to the problem was stupid, thoughtless, and painfully out of line with our principles. It is wholly self-inflicted, and we deserve the criticism we’ve received. We will use the scar tissue from this painful mistake to help make better decisions going forward, ones that match our mission.

With deep apology to our customers,

Jeff Bezos
Founder & CEO
Amazon.com

A nice gesture to be sure, but it still leaves many unresolved issues for customers. How will Amazon handle this type of situation in the future? What about other situations? If an organization wanted to suppress distribution of a book, will Amazon buckle? As the leader in the market, it’s Amazon’s duty and responsibility to tread carefully and answer these questions to the satisfaction of readers, authors, and publishers.

Surprise! Amazon.com is Big Brother!

George Orwell's 1984This just in: Amazon.com has reached out across the ether and deleted illegal copies of George Orwell’s “1984″ from over 150 Kindle users. Ironic? Yes. Scary? Hell yes.

It appears that the copies in question had been sold by an independent author using Amazon’s Digital Text Platform – Amazon’s platform for allowing any author to upload and sell books to Kindle users. It just so happens that one of those authors uploaded (and sold) copies of works by George Orwell that are not in the public domain in the United States (although they are in the public domain in Canada, Australia, and other jurisdictions). Authors are required to assert they have the rights to publish a book when they use Amazon to publish books for the Kindle, but apparently the publisher in question just plum forgot.

It’s oddly appropriate that it should be Orwell’s story of a dystopian future ruled by an all-seeing, all-knowing, all-controlling leader that is at the center of this latest development. Richard Stallman warned in his 1997 parable “The Right to Read” of a future in which those who control our computing devices would impede our ability to share experiences. This latest incident with Amazon only underscores the risk to readers: the book you purchased are not under your control.

DRM Headaches Await Kindle Users

Caution!Noted science fiction author and copyfighter Cory Doctorow is never one to shy away from a fight, and it appears a recent problem experienced by Kindle users has irked him something fierce. As Gear Diary’s Judy Lipsett discovered, some Kindle books have limitations placed on the number of times a book may be downloaded to various devices (a Kindle, the Kindle for iPhone device):

The customer rep asked me to send every one of the books in my Amazon library to my iPhone. Most of them gave the message that they were sent but a number of them returned the message “Cannot be sent to selected device”.

“Oh that’s the problem,” he said “if some of the books will download and the others won’t it means that you’ve reached the maximum number of times you can download the book.”

He proceeded to tell me that there is always a limit to the number of times you can download a given book. Sometimes, he said, it’s five or six times but at other times it may only be once or twice. And, here’s the kicker folks, once you reach the cap you need to repurchase the book if you want to download it again.

What’s worse is that you have no way of knowing the number of times the book may be downloaded to a device before or even after you purchase a book. Which is all, of course, it took to set Cory off:

The news about a secret limit on downloads is part of #3: we found out the hard way that Amazon can revoke your Kindle’s ability to read your ebooks aloud after you’ve bought them. Now we discover that there is a secret counter that limits your refreshes of your Kindle library (say, across multiple Kindle devices as you upgrade, or replace lost, broken or defective units).

It may be that the market would be willing to pay Kindle book prices for books with these restrictions (and whichever other ones are lurking in the shadows), but it’s just not fair or right for a company that prides itself on being customer-centered to refuse to tell you what you’re buying when you buy its ebooks.

Too true. Amazon may have been able to placate the Author’s Guild over the text-to-speech debacle, but it may not be able to placate customers. And of course, it remains to be seen if this practice runs afoul of the law.