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After reading starrigger's blog entry, I think he presented a totally different position. Rather than relying on copyright, he suggests that there are existing contracts governing the use and rights of the author. Without having the ability to read the contracts, I wouldn't know whether they cover this eventuality, but I would absolutely say that they could put a provision in a contract with Amazon regarding what they are permitted to do with the work, regardless of copyright law, that could limit what they do with regard to text to speech. It is only his purporting to rely upon copyright that I think is the fatal flaw in the position as I have previously seen it articulated.
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