Quote:
Originally Posted by EricGagne
I disagree with you on this. Amazon didn't only destroy a set of notes, they actually destroyed the work of someone. There's an element of intellectual property attached to the notes a student takes when he's working on some project.
I think Amazon settled because they knew damn well it would have cost them much more in court. They also wanted to avoid any legal ruling stating they're not allowed to delete books from their customer's Kindles.
I can't believe it would only be a coincidence that this comes at just about the same time Amazon published a new TOS or something stating that they will delete books under certain circumstances.
And with all that said..............................the student in question is a bit of an idiot because if these notes were so important they should have been backed up somewhere. He could have dropped is Kindle, lose it, it could have been stolen or abducted by aliens from planet liseuse. Point is, there's dozens of different ways he could have lost them. He should have had a copy.
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Amazingly enough many here simply do not seem to grasp that concept. AMAZON DID NOT WANT A LEGAL PRECEDENT SET as would be the case if this went to trial, where I am pretty sure a jury would view this as willful negligence along with theft and destruction of copyrighted property, namely the notes as well as breaking into your device. Amazon is apparently not ready for that fight just yet.
BTW, just because Amazon changed their TOS does NOT mean it is legal for them to ever do this...all it says is they will try and get away with it. Also any content purchased prior to the new TOS is not subject to the changes, even if they try and say it does. You can try and change terms after the fact but that does not mean it's legal or will hold up in civil court.
The thing about this whole situation is people are now aware of the pitfalls of the situation where you allow access to your device to some company. Clear laws need to be written to govern this situation. I mean this is no different than some SodaCo breaking down your door to take back a case of soda you bought that they had no legal right to sell you. There are LEGAL ways to address such matters but the company can't just reach in and steal it.