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Old 07-21-2009, 08:19 PM   #191
Kali Yuga
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Join Date: Mar 2009
Device: Kindle 4 No Touchie
Quote:
Originally Posted by Shaggy View Post
The change that Amazon makes to their database is irrelevant. When they sync with your kindle and delete eBooks you own from your physical device, that's what we're objecting to.
Yes, I noticed that. I've stated several times that it is perfectly legitimate to object to it. Here, I'm pretty much saying that what Amazon did is not illegal (and, separately, that a) it's not that big a deal, and b) other companies take very similar actions on a regular basis).


Quote:
Originally Posted by Shaggy
I never said it was "unauthorized access" for them to get on your device.... However, I don't believe that Amazon has the right to deleted products which you legally own without your consent.
The products were not legally procured.

And if you accept that Amazon had access to the device, then on what basis are you stating that their actions are illegal? Gut feeling, perhaps?

For example, let's say I am an employee of a company in good standing, and I am granted remote access to the company's servers via a VPN. While working, I delete several files. Is this now an illegal act? Should I have asked my boss prior to deleting the files? Does every different type of file action require explicit permission?

Or, let's say I'm the office IT person, and I see that a user has violated company policy by putting MP3's on a file server, and I delete the files. Is this also illegal? Would it be illegal if the user paid for the MP3 files, and as such is that user's private property?

Or, let's say you purchase an antivirus software program. You run it, it detects a number of viruses on your computer, and deletes them. Is this application performing an illegal action?

Considering that Amazon already deletes data off of Kindles (namely magazine subscriptions), again I see the dislike (even though I do not share it), but I see no basis to regard their actions as illegal.



Quote:
Originally Posted by Sonist
As others pointed out, the ebook files are stored on your Kindle. Amazon only "backs up" ebooks you have purchased from them.
I own one, I'm well aware of how it works, and you're misreading my comments and do not understand how the system works. Amazon is not just backing up your data; it's the primary synchronization point. Your account's database entries are used to push books to the various devices.


Quote:
Originally Posted by Sonist
Amazon is clearly engaged in interstate commerce with respect to the Kindle, and it has removed a legally purchased file (property) from another's computer device (the Kindle.)
The file should never have been sold to you in the first place, ergo its legal status is at best questionable. At this time, no legitimate e-books were deleted remotely by Amazon. And while I agree that the "stolen property" concept is not a good fit, the fact remains that you did not have a legal right to the files.

As to "interstate commerce," maybe, though it's a bit of a stretch. You still have to deal with the fact that the access was fully authorized, though.


Quote:
Originally Posted by Sonist
As to access authorization, you are interpreting it a bit too broadly: I can give remote access to a tech support person to fix my PC, but they cannot willfully delete my unrelated files. Similarly, I connect to my email service provider all the time, but they can't delete my emails, without authorization or a court order.
Actually, they can, and it happens all the time. Heck, on Friday a technician uninstalled multiple applications, altered my system's registry, and deleted files during a remote support session, while I supervised him. Other times, I've supervised remote techs who installed software, and in the process made significant revisions to the system and deleted files.

You might not want a remote tech to delete files, or the remote tech may not want to delete files, and doing so may increase the legal exposure of the technician, but there is certainly nothing illegal about it.
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