Quote:
Originally Posted by Jim Lester
(quoting the Amazon contract) Upon your payment of the applicable fees set by Amazon, Amazon grants you the non-exclusive right to keep a permanent copy of the applicable Digital Content and to view, use, and display such Digital Content an unlimited number of times, solely on the Device or as authorized by Amazon as part of the Service and solely for your personal, non-commercial use. Digital Content will be deemed licensed to you by Amazon under this Agreement unless otherwise expressly provided by Amazon.
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Jim quoted that in support of his claim that all you get when you buy an ebook from Amazon is a "license." Why? Well, because Amazon says so, that's why!
Let's parse that out:
"Upon your payment of the applicable fees set by Amazon,"
Well, you have to pay. No question about that. Except when the book is free. Y'know, something Amazon has copied from the public domain. That they didn't pay for. Funny about that, isn't it?
"Amazon grants you the non-exclusive right"
Meaning that they will "grant" the same right to anyone else who will pay. Fine. No skin off your nose.
"to keep a permanent copy of the applicable Digital Content and to view, use, and display such Digital Content an unlimited number of times,"
Well, of course. You bought it. You can read it as much as you want.
"solely on the Device or as authorized by Amazon as part of the Service"
Baloney. You can move it around as much as you want, between whatever reading devices you own. It doesn't violate any law. It doesn't violate copyright. It doesn't damage Amazon in any way.
"and solely for your personal, non-commercial use."
True, but only half-true. What's missing is that you can also do whatever you want with the book so long as it is within the terms of "fair use" as defined by federal law.
"Digital Content will be deemed licensed to you by Amazon"
Amazon can "deem" whatever they like. So can you. You can "deem" that you've bought the book. Whether it's a legitimate, enforceable license, or a sale, is a legal question, not a question of what Amazon "deems." For all practical purposes, when you buy an ebook from Amazon, it is the equivalent of buying a physical book. You can tell them I "deem" it so.
"under this Agreement unless otherwise expressly provided by Amazon."
Meaningless, unless they give you some right you don't already have, which they won't.
Nate the great is right smack dab on. Amazon can call it a license - heck, they can call it a cow - but it's a sale.