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Originally Posted by brecklundin
what rights in terms of suing Amazon are being purchased by accepting ANY OF THE OPTIONS?
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At a guess, All of them. Accept the offer, and you can't sue. You have settled. And as mentioned elsewhere, there seems to be a few more books that are getting the same "We goofed, take the money and keep it to yourself..." deal.
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I think Amazon is in deep screwed mode right now and sure sounds like they are trying to buy their way out and mitigate potential damages. It might even be that by deleting the content they committed an act of computer hacking. Or they worry a jury will see it as nothing but hacking and the black hat kind...I would agree to nor accept anything from Amazon...we have yet to see the end of this. What Amazon did to customer's PRIVATE PROPERTY is completely unacceptable.
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Agreed. It smells of pre-emptive law suit avoidance. Or at least, damage limitation. And a possibility of them being forced to give up some of the power they exert through the Kindle. If a few hundred or even a few thousand people are in on the suit, it looks worse than if only a handful of principled customers are annoyed enough to make a fuss.
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Remember the two issues are mutually exclusive, Amazon had no rights to the book but also do not have the right to break into your device...it's going to be interesting.
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But the plot thickens.. On looking up the "third party who illegally uploaded the e-books to Amazon.." at
http://www.Mobilereference.com I see an announcement that All Mobilereference books have been withheld from sale. Like many, I assumed to was an individual who had scanned and OCRed the books, and was having a go at getting as much money as they could before someone noticed. But as it turns out, it was a legitimate publisher
A new wrinkle appears.
According the legitimate and established e-book publisher in question, they marked the books as limited to Australia as the copyright period there is different to the US, so both books are in fact Public domain.... In Australia. This was on the Mobipocket web site, where they submitted the books for publication.
And 100% legal for them to sell. Amazon's Mobipocket scraper ignored this limitation and took the books anyway. Perhaps nobody bothered to program this field in the scraper program. So the "third party" that uploaded the books in question may in fact have been Mobipocket... Who are owned by Amazon, or Amazon themselves.
At the very least, the potential damage to the publisher's reputation could be argued to be quite serious. not to mention loss of revenue on 2000 e-books for how ever long the exclusion remains.
Could get very interesting to watch. Provided you are not working for Amazon.
It isn't over yet.