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Old 12-26-2011, 07:13 PM   #51
ATDrake
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Posts: 11,517
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Join Date: Mar 2010
Location: Roundworld
Device: Kindle 2 International, Sony PRS-T1, BlackBerry PlayBook, Acer Iconia
Quote:
Originally Posted by Fbone View Post
Define "you" in respect to the laws of Washington State.

Define "third party" in respect to the laws of Washington State.
One could quibble over exactly where the line between "you" (singular/dual/multiple, whatever) and "third party" (people who are not you singular/dual/multiple whatever) lies.

Frankly the language seems ambiguous and non-intuitive to the end-customer to whom the T&C applies (although most Amazon shopping accounts seem to be for a single individual rather than some sort of joint corporate shopping thing).

Smashwords may spell stuff out more explicitly on a one-to-one basis, and you could argue either way what Amazon really means with what they say but I rather doubt that "you" will really cover "and those close friends of 'yours' who load up 'your' purchased books" in a court of law.

Quote:
Originally Posted by JSWolf View Post
I don't think Amazon's TOS is actually legal. I've never read it. I was never presented it for reading and I've never agreed to it. Yet I have eBooks from Amazon (free ones). So how can they enforce it when I have never actually agreed?
Weren't deliberately-scare-tactic software EULAs and the like ruled less-than-validly-legally-constraining because nobody ever read or understood them?

ETA: and also because they were using ridiculous legally non-enforceable language as part of said scare tactics.

Last edited by ATDrake; 12-26-2011 at 07:46 PM. Reason: Coordinating not subordinating conjunctions. And un-mess linespace when editing from Kindle.
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