Amazon.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:
the consumer requests it or fails to pay;
it is required by a court or regulator to do so; or
it’s necessary to protect to Kindle or the network.
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.
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”?
It 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.
In 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.
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.
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Amazon.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.