Unwarrented Geographic Restrictions on Gifts

[wallcraft]

Yesterday Kobo announced that they will soon allow ebooks as gifts and today Amazon beat them to it by rolling out Kindle book gifts. However, from Kindle Support

Eligibility to Redeem a Kindle Book Gift

Kindle book gift notifications can be sent to any e-mail address. If the giver and the recipient do not live in the same country, the book may not available to the recipient due to copyright restrictions. In these cases the recipient will be given the option to request an exchange for gift credit on their Amazon.com account during the redemption process, or they may contact Customer Service for assistance in exchanging the book.

How can geographic restrictions apply to both the giver and the receiver of the gift? My initial thought was that perhaps this isn't a gift at all, but rather a gift card in disguise (i.e. the gift is money rather than an ebook). However, US ebooks from Agency publishers are charged sales tax in the purchaser's state. So I bought a Kindle Agency book as a gift and sure enough I was charged sales tax. At this point I can't see how anyone can argue that I have not in fact bought the ebook legally in the US. So why can't someone from outside the US download my copy of this ebook as a gift? I did not test this, but I'm sure if the receiver isn't eligible to download the ebook the credit they get instead won't include the state sales tax.

In my view, Amazon is trying to placate publisher's with unnecessary geographic restrictions. This cries out for a law suit. In fact, the best suit would be against Amazon and an Agency Publisher. If I get charged sales tax by the publisher, they have sold me the ebook as a gift and they should deliver it to any one I choose.

[Blue Tyson]

Because the publisher would rather you buy it yourself, crack it and email them a copy, because their business model these days is to lower sales numbers where possible?

;-)

[Jcas]

Trying to buy gifts from Amazon is very frustrating , I tried to buy a M-Edge jacket and Kandle light, neither are shipped to Australia.

[Connallmac]

Originally Posted by Jcas

Trying to buy gifts from Amazon is very frustrating , I tried to buy a M-Edge jacket and Kandle light, neither are shipped to Australia.

I had a rather easy time of sending my niece some fashion design books and stencils, along with some colored pencils, several weeks ago. Granted we both live within the continental US, but far easier than shopping in a physical store and then taking the items to ship them myself, especially since I would probably have to drive at least an hour to find books of that ilk.

As to Kindle gifts and geographic restrictions, lay the blame squarely where it belongs, on the publishers. Perhaps some day they will join us in the 21st century....

[neilmarr]

One way Amazon 'placates' publishers, by the way, Wallcraft, is by demanding a penal 65% sales commission (please don't call that a 'royalty' when talking about *real* publishers) on sales to Kindle buyers outside the US and UK. My own house, registered in Canada and the USA, holds international rights to all titles, refuses DRM and will not go Agency 5. We should consider ourselves 'placated'? Neil

[Kali Yuga]

Originally Posted by wallcraft

How can geographic restrictions apply to both the giver and the receiver of the gift?

My guess is that allowing gifts to be sent anywhere would create a huge loophole in geo restrictions. As such, it's entirely plausible that all parties agreed to apply restrictions to the recipients.

The idea of a lawsuit is downright laughable. Like it or not, retailers have no obligations to obey your every last whim in such matters. If I buy a gift through Kobo or Amazon, they certainly aren't required to send it to a war zone or a remote corner of the Sahara, or to ship [u]The Satanic Verses[/i] to someone in Saudi Arabia.

[Fbone]

I suppose they could check the IP address of the recipient just as some retailers do now.