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Originally Posted by Worldwalker
Nor, I'm afraid, does "they promised they won't do it again" mean "they can't do that."
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I thought you were quite clear in drawing the line between what Amazon
can do and what they are likely to do. I suspect you were too generous in assuming that Amazon won't do it again.
Think about the original 1984 book situation. If Amazon had sold a paper copy of 1984 that they had no right to sell, they would have paid damages for the copyright infringement. They wouldn't have sent goons to get it back. They didn't have that right. The copyright owner had the right to have the infringing books destroyed, although he'd have to go to court, ask for the court to send a marshal to seize the books and destroy them. We have a system for this, and that's it. Of course, no copyright owner ever goes that far, and no court ever orders the marshal, but that's where the powers lie to do something comparable in the paper book domain.
Think about what would have happened to Amazon if it had shown up in court on the 1984 electronic book issue. There they did have capability to remove the book, but arguably, they also had the legal right to do so by way of the contract you must agree to when you buy the Kindle. They can't just say to the court that they don't think they should remove the book when they have both the power and the legal right to do so.
Legally, the paper book situation was totally different from the "e-book on a Kindle" situation. In the first, they have neither the power nor the legal right to seize the book back. In the second, they easily have the power and arguably the legal right, depending on the contract wording. Even where the contract prohibits it, a court can give Amazon that legal right, just like it can give the marshal the right to seize your infringing paper book copy.
I'm not trying to be alarmist, but that's just the way it is. Amazon could have designed the Kindle as an electronic device that they sell and which the customer buys, and which Amazon has no right to control. They could have drawn the dividing line giving the buyer the right to control whether his device reports back to Amazon about his reading habits, the right to control whether the buyer allows the device to upgrade or not or even the right to agree or not agree to changes in the contract between Amazon and the buyer. They did not.
When I buy a computer, it's my computer. When I buy OS software, at least I get to decide if I want to upgrade or just keep it. It's not legal for Microsoft to change that software without my permission, and they don't make me give that permission, in advance, to buy the OS software. Amazon requires you to enter into an agreement that gives them the exclusive right to upgrade or modify the OS software in the device they sell you. They can do that at any time, and they can change the agreement between the parties at any time.
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Amazon may automatically provide your Device with updates/upgrades to the Software
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Amazon reserves the right to amend any of the terms of this Agreement at its sole discretion by posting the revised terms on the Kindle Store or the Amazon.com website. Your continued use of the Device and Software after the effective date of any such amendment shall be deemed your agreement to be bound by such amendment.
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The Device Software will provide Amazon with data about your Device and its interaction with the Service
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