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Old 02-17-2010, 03:10 PM   #89
Shaggy
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Quote:
Originally Posted by thename View Post
Note that these still establish norms that are enforceable under US law (e.g., agreeing to Kindle's ToS--which are only industry standards and licensing issues--means you can have issues with copyright infringement due to transferring the files to non-licensed devices despite your best guess that such a transfer should be covered under fair use) and it's easy to see why people might miss the distinction.
No, if you break the Kindle's ToS then it is a contract dispute between you and Amazon. If copyright says what you did is fair use, but the ToS says you can't do it, then you're not violating copyright law. That is not an example of copyright infringement.

It's also highly questionable whether Amazon can take away fair use rights in a contract clause.
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