[Harmon]

Originally Posted by Elfwreck

Physical property analogies to theft don't work. This is an IP situation.

I beg to differ. One perfectly valid use of analogy is to enable the reader to reach an understanding by, well, analogy. You read what I wrote as argument, but I intended it as illustration.

I know of several books that were pulled from publication after successful copyright infringement lawsuits... in no cases were customers required to return the books. The infringement lay entirely with the company that had produced the books without proper clearances, not the people who bought those productions.

I'm not saying that the buyers of the infringed products have themselves infringed. I am saying that they do not in any legal sense own the ebook.

This is the key point: there IS precedent to build from; this is hardly the first time a rights holder has complained about a book sale, and gotten the book removed from publication. I don't believe the books already sold ever had to be returned in other cases.

That's not precedent in any legal sense. It is, however, a practical observation about the actual behavior of copyright owners.

And just consider for a moment - you have a pirated copy of Harry Potter, prior to release of the book. You advertise it on ebay. I'll bet that the publisher would have a marshal knocking on your door in 24 hours, injunction in hand, along with an order from the court impounding the book.

Perhaps some sort of fraud, based on Bezel's claims that, once purchased, ebooks remain available for download--his reason for claiming customers don't need an SD card slot. If the books don't remain available even on the Kindle itself, obviously there is reason to have another place to store them.

I'll grant that's a stretch. (However, the lack of clear TOS about the Kindle may be actionable in itself, separate from this; the fact that they mislead customers about how it works and what right they have, could be fraudulent.)

Yeah, but where's the damage? "You don't keep a copy of the book I have no right to have, like you said you would."