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I think there are some cheap checks they could automate that would flag most likely offenders. If they even flagged anything that had a hit on author or title in their catalog, that would likely save them from the worst claims.
I'm so glad to have a lawyer on this thread! I hope you don't mind if I ask a quick question. A few pages ago a couple of us suggested the idea that maybe if Amazon didn't use all remedies available to them to mitigate the impact of the unauthorized book, they could be more vulnerable. Is that true? I had figured that as a likely reason why they pulled the books from customers' devices and not just their libraries. I think it would still be wise for them to automate a few checks and put an explicit line in the ToS that lays out under which conditions they will pull a book, though.
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