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Old 07-18-2009, 11:57 AM   #61
pilotbob
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Posts: 19,832
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Join Date: Jan 2007
Location: Tampa, FL USA
Device: Kindle Touch
Quote:
Originally Posted by HarryT View Post
But it has been both "reproduced" and "distributed", Tommy. I'm pretty sure that the copy on the Kindle would be illegal.
I think you are right, but I disagree that the owner of the Kindle did anything wrong. Remember intent is important in alot of the law. Unless the purchases knew that they were stolen (recieving stolen goods is a crime, although nothing was really stolen), which is very hard to prove.... would any reasonable person expect that a book they would buy from the Kindle store would be infringing copyright... I would say no.

Nothing I read says that people which have paid for a copy of a work that was infringed on have to return that work.. but only that the infringer may be liable to reimburse the copyright holder the money they made, plus possible fines. There can also be criminal charges in the case that the infringer is doing it for profit as opposed to for personal use or giving away free copies (such as uploading to a warzes site).

Did Amazon do the right thing by no longer selling infringing copies... yes. Did they have to go as far as to remove the book from peoples Kindles, probably not. They have not only removed the book but also reimbursed people the money. They didn't have to actually do that.

I think what really gets people upset is that Amazon removed the book from peoples Kindles. However this doesn't really bother me. I have more important things in my life to worry about.

Can we move on?

BOb
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