Quote:
Originally Posted by Harmon
So what Amazon is doing here is not technically "mitigation." What they might be doing is trying to convince the copyright holder not to sue by restoring the situation to what it should have been in the first place - namely, that the books should not have been sold at all. It's part of an attempt to settle the matter out of court.
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Exactly. Amazon has committed copyright infringement. They cannot "undo" the act. However, because it's a civil suit, not a criminal one, they can attempt to "play nice" with the rights holder to avoid being sued.
The interesting part, in my mind, is that the Kindle owners have done nothing wrong. They are not violating copyright by possessing those eBooks, only Amazon is guilty of copyright infringement for distributing them. I do not believe there is any legal reason that requires Amazon to delete the eBooks from the Kindles. They are doing so in order to appease the copyright holder, but they're doing it at the expense of their customers. I wonder if Amazon can legally negate the sale and force the item to be returned after the fact, and without the buyer's permission?