Amazon is not the government. They can decide not to publish books on any basis they decide. They initially made their decision based on the 1st amendment, which doesn't say Amazon has to sell a book, just that the government cannot make them pull a book. But that was a public relations nightmare. So now it is up to their judgement, and they won't tell you how they exercise judgement so it can be circumvented? That is exactly the way I draft "outs" in contracts. I can terminate the contract upon 30-days notice, unless we think there is a reasonable basis for and it is in our best interest to terminate sooner. I have had people ask me on what basis we would terminate. I say we are in business, and we aren't going to terminate good customers. Beyond that, I am silent.
If someone wants to bring an antitrust action against Amazon publishing, I suppose they could (anyone can file a lawsuit for anything). But since Amazon has such a small portion of the publishing business, it is a loser.
Wonder if the Moody Bible Institute would consider carrying Playboy?
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