The US Court system has apparently already declared a similar case to be not only legal, but required.
http://www.slate.com/id/2223214/
Quote:
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In 2004, TiVo sued Echostar (which runs Dish Network) for giving its customers DVR set-top boxes that TiVo alleged infringed on its software patents. A federal district judge agreed. As a remedy, the judge didn't simply force Dish to stop selling new devices containing the infringing software—the judge also ordered Dish to electronically disable the 192,000 devices that it had already installed in people's homes. (An appeals court later stayed the order; the legal battle is ongoing.) In 2001, a company called Playmedia sued AOL for including a version of the company's MP3 player in its software. A federal court agreed and ordered AOL to remove Playmedia's software from its customers' computers through a "live update."
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(I'd love it if one of our resident lawyers could look up these cases and see if there is something about the above simplification that miss-states the actual legal )
I don't have a Kindle, and I probably won't ever get one, but if I was not already leaning that way this issue would make me reconsider.