Thread: Is anyone still missing ebooks from Fictionwise?
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Old 11-25-2009, 09:50 PM   #22
Nate the great
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Quote:
Originally Posted by AnemicOak View Post
I know it was there (or something similar) when I started heavily buying books from them in October of '07. Beyond that I can't say, but I doubt any seller is going to guarantee you'll always be able to re-download your purchases.

What I quoted wasn't from their Terms of Use, it was from the eReader replacement FAQ. Here's what the actual Terms say...


I checked an archived version from Aug 17th, 2000 and at that time it read...
First things first. Thank you for asking questions. This prodded me into checking Virginia state law on sales, contracts, and warranties.

There are a couple problems with citing the Terms of Use. First, it very likely is a contract of adhesion and will likely be struck down. Second, there is a significant difference between what Fictionwise _wrote_ and what Fictionwise _did_. They may have said the ebooks would only be available for a limited time, but what they did was make them available effectively forever. The ebooks purchased from Fictionwise are available for download from time of purchase until the present. Is it unreasonable to think that the ebooks will be available for download indefinitely? Given the restrictions of DRM and the observed actions of Fictionwise, I think not.
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