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Originally Posted by haertig
I really wonder what Amazon would say their reason is for doing this. You'd think their lawyers might have told them how iffy this is. It's illegal to access someones computer without their consent and delete files. You'd think Amazon would see that they are very close to that, and could end up with some pretty bad publicity from a lawsuit. Whether that lawsuit is ultimately successful or not doesn't matter, the negative publicity is the real killer. I thought Amazon was way smarter than this.
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Around here, Amazon attempts to tell you that you can't sue Amazon? Check the Canadian version of their EULA.
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DISPUTES
Any dispute or claim relating in any way to your use of any Amazon Service, or to any products or services sold or distributed by Amazon or through Amazon Services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify and (2) if an applicable law in your province of residence gives you the right to resolve your dispute or claim before the courts of that province notwithstanding your agreement to arbitration, you may elect either to do so or proceed in arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totalling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Amazon will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
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Though according to one acquaintance of mine, this portion of the EULA might fly in the United States but in all Canadian jurisdictions, it is going to crash and burn due to conflicting with consumer protection legislation. In the American flavour of the Disputes section, it just says that all cases must be tried in a King County court and both sides waive their rights to a jury trial.
Quote:
Originally Posted by haertig
And I don't understand why someone who knows this will happen turns on WiFi anyway. What does a network connection to Amazon gain you that overshadows getting your books deleted?
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Perhaps that I really don't care about the content on my Paperwhite 10th gen.? It is only used to check that books I have worked on for other people render properly on a Kindle ereader.
Since I hadn't used it in over a month, I was somewhat curious as to whether or not I would get the sideloaded content being deleted that others were complaining about. As a calibre user, my content lives in calibre so no issues with recopying any books that were tagged as being on my Paperwhite.
Now if my Kobo Sage did that, I would be very upset what with having to reload the content from calibre taking me 30 minutes to copy the ~1500 books over, letting them import and connecting a 2nd time to update the metadata including series, collections, reading status, etc.