Quote:
Originally Posted by Shaggy
Agreed. I don't think Amazon had any legal right to delete the eBooks from their customer's devices. However, I also doubt any of those customers would really be upset about it enough to sue Amazon (which is probably what Amazon is counting on).
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You could be right.
As I pointed out in one of the posts just above, Title 17, Chaper 5, section 503 gives the power to a court to impound unauthorized copies of a copyrighted item, and destroy or otherwise dispose of them. And it doesn't limit that authority to unsold copies.
This very strongly suggests that the buyer of an unauthorized ebook does not have any property rights in the ebook.
He doesn't own it.
So he can't sue Amazon for destruction of the ebook. But what he can do is sue Amazon for is recovery of the amount paid for the ebook, plus
punitive damages for invading the Kindle to do the erasing. Amazon couldn't preempt the lawsuit by refunding the payment.
Looks like a class action opportunity. But it's probably a pretty small class! Not much money in that...
