[RickyMaveety]

If I may wander into the fray for a moment, I'd like this opportunity to jot down a few thoughts on this subject.

It seems to me that there are a number of issues to be considered. And, they should be dealt with individually. This may be a long post, but stick with me, please.

First, we have the device. The hardware that makes up the Kindle (I or II, it matters not);

Then, we have the code that runs the device, including the PID imbedded in that code;

Finally, we have the digital book itself.

Amazon clearly owns the rights to the hardware, although, once you purchase the hardware, I don't think anyone would argue that you don't own the hardware. What you don't own is the right to manufacture copies and sell them.

Looking at the code. Amazon has the rights to the code that runs the device, and the user has a license to use that code. So, I do not have the right to change that code. If I did change the code for my own personal use, and never distributed the altered code, I doubt that anyone would complain. If I wrote a completely new operating system for the Kindle and distributed that or sold that .... no one could complain because my OS would be independent rather than derivative, and the user owns the hardware. For example, if I purchase a Toshiba computer that comes with Windows, and strip Windows off the machine and decide to run it with Linux, Toshiba can't complain and neither can Microsoft. But, if I altered the Kindle OS and then distributed that altered code. That would be a violation of the DMCA.

Looking at the digital book, which is actually two parts .... the DRM code embedded in the digital book and the text of the book itself.

I don't think anyone would argue about who holds the copyright to the text of the book. That's a non-issue. So, the sticking point here is whether altering the code embedded within the book is a violation of the DMCA. The problem here is whether it is enough merely to alter a piece of code for my own personal use. I certainly can't use either tool to circumvent copyright because I had to pay for the book. I also can't distribute the altered code because all it does is allow someone to read a book that I bought on my digital reader.

The heart and soul of the DCMA is to prevent digital piracy. In this situation, however, the consumer pays for both the device and the content. No copyright is circumvented. The author and publisher of the book and the maker of the device are all paid. Nothing is pirated. Further, nothing that is altered is distributed. DRM is not stripped by either of the python codes, you still have to have the device with the proper PID in order to read the book that you bought. Correct me if I'm wrong here.

So, let's move on from that part of the discussion and consider Amazon's "right" to control content read on their device. I think that's the real problem for the folks at Amazon ... they would like to complete control all content viewed on the device that they manufacture.

Unfortunately, they can't, and I submit that they do not have that right. As noted above, while I may only have a license for the OS that runs my Kindle, what I choose to place on the device is no business of theirs. I could load it up with nothing but books from Amazon, or perhaps I never use the Amazon store and fill it with 18th Century PD porn. Amazon has no right to say boo about it.

As an analogy. I purchase a digital TV set. It has a digital DVD player. Both the set and the player are devices for viewing digital media, both have some sort of encoding software within them. I own the hardware and I have a license to use the software.

Now, the manufacturer of the TV/DVD player tells me that they have the right to control what content I view. I can only hook up to a cable provider that they control. I can only watch stations that pay them a license fee. I can only watch those shows that they approve. Oh yeah, and I can only watch those DVDs that I purchase directly from them.

How many people would purchase a TV/DVD player combo with those sorts of restrictions? Show of hands?? How many people would purchase an ereading device with the same restrictions in place?

Now, consider for a moment the pieces individually again ....

Hardware ... Amazon is paid in full for the Kindle by the consumer.

Kindle OS .... neither python script in question does anything to alter the OS, it simply pulls out the PID embedded in the OS so that the consumer (who owns outright the piece of hardware that the PID identifies) can see what the number is. That is not a violation of copyright. No alteration and no distribution.

Digital book .... who ever wrote and published the book is paid when the consumer purchases the book, so again ... no copyright issue.

DRM embedded in book. First, who holds the copyright to that particular piece of code? Is it Amazon? If not, then Amazon has no standing to complain when the code is altered. If, for example, BoB or Fictionwise are the ones that put the DRM in place, then they are the ones with a complaint. But more importantly .... they've got to show that they are somehow damaged by the alteration of the code.

You can't have a cause of action without damages. You simply can't. It's one of the most basic tenants out there.

So, I own my Kindle outright. I paid for it and it is mine.

If Amazon thinks they have the unfettered right to control the content I view on my Kindle, they've got another think coming. Further, if they take that tack, the advertising should make it absolutely clear that no content other than that purchased directly from the Kindle Store may be read on the Kindle. No converting your own documents .... no taking PD books and copying them over via USB.

If I purchase a book from another vendor, and choose to read that book on my Kindle, which I own, and the author is paid, and the publisher is paid, and the device manufacturer is paid .... then who the hell is damaged??

If either of these scripts actually stripped off the DRM and allowed me (evil consumer that I am) to rip all these books onto a CD and sell the CDs at a swap meet, then there would be a case for damages. Neither of these scripts does that .... they don't go any further than allowing me to read a book I bought on a device I bought.

I will stop now because my left hand is beginning to twitch uncontrollably, so clearly it is tired. Note, this post is not intended as a response to anything anyone has posted previously, so sorry if I restate something that someone has already said .... but if any of you think I am missing some glaring point, please feel free to set me straight.