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Old 03-13-2009, 09:12 AM   #198
larisa0001
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larisa0001 doesn't litterlarisa0001 doesn't litter
 
Posts: 21
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Join Date: Mar 2009
Device: PalmPilot
Quote:
Originally Posted by whitearrow View Post
But even if Kindlefix is a circumvention of DRM the company that would have a legitimate beef is the company that the eBook was purchased from -- BooksonBoard or whoever, or the publisher. Not Amazon, it isn't their DRM being circumvented. It doesn't touch any file that was purchased from Amazon. Amazon has no more business in what's in that file than they do my work documents I converted from .doc or .rtf.
I like that. I think this would be a great argument to make in any reply this community makes to Amazon (though I am not a lawyer and this is not legal advice). Amazon just doesn't have an interest in this. The copyright owner is the publishing company. The DRM being circumvented is someone else's. If the e-book publisher wanted to go after you for DRM circumvention, that's another story - but even if Amazon wanted to sue you, it wouldn't have standing to do so (or so I think, in my unlawyerly way...) What is the wrong being done to them? There isn't one.

Note that 17 U.S.C. 1203 requires the plaintiff to be "injured" by the violation in order to bring suit - and while the "injury" may be quite far-fetched, it's not enough to say "They used a circumvention measure to infringe someone else's copyright!"

Again - I am not a lawyer, this is not legal advice, please don't take your legal advice from online forums, go talk to EFF.
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