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Old 07-18-2009, 03:46 PM   #30
whitearrow
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A few points.

1) Amazon can't "prosecute" the uploaders as they are not the government. Only the government can "prosecute" someone for a crime. Amazon has no standing to civilly sue the uploaders for copyright infringement, as they are not the owners of the copyrights. At best, the uploaders breached an agreement with Amazon, and Amazon could sue for breach of contract. It's probably not worth their time to do so.

2) Innocently possessing stolen property is not a crime, even if stolen property laws applied to intellectual property, and to date I'm unaware of any case where that has happened.

3) A class action suit would be a waste of time as nobody suffered any monetary damages, and arguing that injunctive relief should be granted would be idiotic in this case. You would basically be asking a court for an order saying that Amazon cannot remove copyrighted material that was uploaded illegally. No court would grant such an order.
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