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Old 12-30-2010, 05:38 PM   #31
Andrew H.
Grand Master of Flowers
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Amazon is no different from a traditional publisher with respect to the books it carries *except* that it allows publishes the books first and then pulls them if there is a problem.

No one would be crying "censorship" if HarperCollins or another tradpub rejected this book, nor would anyone be complaining that that HC should have set out "standards," and should presumptively publish every book except those that didn't meet the written standards. This would be stupid.

And complaining about Amazon doing the same thing as a tradpub, except afterwards, is likewise stupid. Plus, this way you can add a "banned by Amazon!" blurb to your book.

Re: fiduciary duty - it's reasonable for Amazon to conclude that they would lose more business carrying certain books than they would gain by carrying the books. In any event, the business judgment rule gives companies a lot of leeway, so your proposed derivative suit will fail.
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