Quote:
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(B) The prohibition contained in subparagraph (A) shall not apply to persons who are users of a copyrighted work which is in a particular class of works, if such persons are, or are likely to be in the succeeding 3-year period, adversely affected by virtue of such prohibition in their ability to make noninfringing uses of that particular class of works under this title
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Seems like that would pretty much cover everyone. Phones are designed to be replaced every two years (thus the 2 year "get one free" policy about everywhere). Can anyone really expect their Kindle to work a lot longer than that?
In less than a year at FW, I've had book in my bookshelf disappear (and at BoB as well, for no apparent reason), restricting my ability to read on a new notebook computer (as I cannot redownload with the new PID). Computers are also designed to be replaced every 2 to 3 years (despite IRS depreciation rules and companies/home users that hang onto them for years). Notebooks have a much shorter expected lifespan than desktops.
With the pace of technology, even the mobi format will probably be replaced as a standard or the old software will become incompatible with the latest version of Windows.
All reasonable outcomes in the next 3 years that would mean (a) doesn't apply.