Books removed from fictionwise? - Page 10

calvin-c · 04-08-2010, 12:52 PM

Quote:

Originally Posted by Graham

And from the Fictionwise Terms of Use:

Graham

Not the wording I recall from FW's Terms when I signed up-and those are the terms I agreed to. As with many online services the Terms provide a 'weasel clause' whereby you agree to whatever the changes they choose to make in the Terms. Such clauses are of dubious legality. Some sites (I don't *think* FW is one) require that you re-agree to the Terms when they make a significant change.

I don't have the email I received recently from FW's customer service, but IIRC they said that they only guarantee you can download ebooks for 3 weeks after purchase. Quite a bit different from their current guarantee of 1 hour.

calvin-c · 04-08-2010, 12:55 PM

Quote:

Originally Posted by pdurrant

I think you have your numbers the wrong way around. Project Gutenberg has just under 32,000 titles available. Just over 100,000 are available through its "Partners, Affiliates and Resources".

Amazon currently has over 480,000 ebooks available.

Even Fictionwise, with its greatly depleted stock thanks to the current fuss with the agency model, has over 45,000 titles.

What I get for not researching before answering. Memory said they had over a million books. Apparently my memory is failing. What's my name again?

ficbot · 04-08-2010, 01:01 PM

I have a book I think I pre-ordered that disappeared. I noticed an epub was out, checked my database in Calibre and didn't see it, so tried to order it. A message came up saying I had already purchased it in another format. I dimly remembered a pre-order ages ago so I checked my Fictionwise bookshelf. It was not there. And a search on FW did not turn it up. I hope that if this was a pre-order they refunded my money if the book is not available. But then why is the shopping cart telling me I have this book already?

Graham · 04-08-2010, 02:36 PM

Digging into my Outlook archive I can see that back in August 2007 the wording from Fictionwise on the email that came with purchases was this:

Quote:

NOTICE: You should download your purchases as soon as possible. Fictionwise will maintain your purchases on your bookshelf for at least three months, and longer if we can, but that is not guaranteed. Make sure you back up your files.

Prior to that the email didn't have any information on the time limit.

Now, for a purchase in March 2010 it was still the same:

Quote:

NOTICE: You should download your purchases as soon as possible. Fictionwise will maintain your purchases on your bookshelf for at least three months, and longer if we can, but that is not guaranteed. Make sure you back up your files.

So this has changed very recently... possibly over Easter.

Graham

sianon · 04-09-2010, 05:12 PM

It looks like most books are back on my bookshelf at both BoB and FW

HarryT · 04-10-2010, 05:27 AM

Quote:

Originally Posted by Graham

Clearly, though, if you've not downloaded the book you've paid for, and it is no longer available, then you should be refunded for it, and I very much doubt that Fictionwise would fail to do this for you.

Graham

I'm not at all sure about that, Graham. FW have to pay the distributor at the time that you buy the book; do you really think that the distributor will refund FW their money simply because you've neglected to download the book?

The sale is "complete" when FW provide you with the download link. It seems to me that it's your responsibility to ensure that you download it, and that FW cannot be held to be responsible for any failure to do so on your part.

Kosst Amojan · 04-10-2010, 11:55 AM

Well some good news, for those of you who couldn't download their books, please try again. I managed to get all except one of mine today (the one I couldn't get was an .lit format book).

calvin-c · 04-10-2010, 03:55 PM

Quote:

Originally Posted by HarryT

I'm not at all sure about that, Graham. FW have to pay the distributor at the time that you buy the book; do you really think that the distributor will refund FW their money simply because you've neglected to download the book?

The sale is "complete" when FW provide you with the download link. It seems to me that it's your responsibility to ensure that you download it, and that FW cannot be held to be responsible for any failure to do so on your part.

This might depend on where you try to enforce the contract. As a general rule, a sale isn't considered complete under US law until you receive the goods or services for which you've paid. The question, which hasn't been submitted to judgment AFAIK, is whether the 'goods' is the book or the link?

Personally, from FW's advertising (which can be taken into account when determining the issue) I'd say it's the book-so the sale isn't complete until you download it. That does, however, put quite a burden on FW so I wouldn't want to bet that a judge would see it the same way. And non-US jurisdictions (or even regional/local variations in the US) might see it differently.

cfrizz · 04-10-2010, 06:36 PM

Why wouldn't you download the book once it is put in your bookshelf? They tell you that they may not be able to keep all of your books in your bookshelf, so it just seems like it would be common sense to download all your books as soon as you can to ensure you always have them.

FW DID complete their end of the deal by putting it in your bookshelf. They can't download it to your computer for you that is YOUR responsibility. If you didn't bother to move it to your PERSONAL pc that's on YOU not FW.

ficbot · 04-10-2010, 07:33 PM

cfrizz, what about iPod Touch/iPhone users? That machine does not allow side-loading. The only way to get it onto the device is via the in-app download. I have several books backed up on my computer that I tried to download into the app and could not. Having them on my computer did me no good in terms of getting them onto my iPod Touch.

pdurrant · 04-11-2010, 04:34 AM

Quote:

Originally Posted by ficbot

cfrizz, what about iPod Touch/iPhone users? That machine does not allow side-loading. The only way to get it onto the device is via the in-app download. I have several books backed up on my computer that I tried to download into the app and could not. Having them on my computer did me no good in terms of getting them onto my iPod Touch.

If you have a fictionwise account, you can probbaly use their Personal Content Server (no, I didn't know about it either). See this thread: https://www.mobileread.com/forums/sho...455#post865455

langshipley · 04-11-2010, 04:37 AM

I've just gone back and downloaded all my un-downloaded eBooks from FW that I had bought over the last 3 months, even some from pulled authors and fortunately they all downloaded and I now have copies of all of them on my PC. Phew!

langshipley · 04-11-2010, 04:39 AM

Quote:

Originally Posted by pdurrant

Even Fictionwise, with its greatly depleted stock thanks to the current fuss with the agency model, has over 45,000 titles.

How many titles do you think were pulled by the publishers from Fictionwise?

HarryT · 04-11-2010, 04:40 AM

A lot. But they all seem to be back again now.

lene1949 · 04-11-2010, 04:50 AM

I did download most of my books in my bookshelf to my palm.. Now I have a new reader (ipod touch) with ereader installed, and 40% of my books, which I paid for (they werent even cheap) cannot be downloaded to my ipod's ereader...

When I first joined fictionwise the agreement was I could download my books at any time. They never sent me a message to say that this had now changed.

I thought, when you bought a book it was yours, or at least yours to read.

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04-08-2010, 01:01 PM	#138
ficbot Wizard Posts: 2,409 Karma: 4132096 Join Date: Sep 2008 Device: Kindle Paperwhite/iOS Kindle App	I have a book I think I pre-ordered that disappeared. I noticed an epub was out, checked my database in Calibre and didn't see it, so tried to order it. A message came up saying I had already purchased it in another format. I dimly remembered a pre-order ages ago so I checked my Fictionwise bookshelf. It was not there. And a search on FW did not turn it up. I hope that if this was a pre-order they refunded my money if the book is not available. But then why is the shopping cart telling me I have this book already?

04-09-2010, 05:12 PM	#140
sianon Addict Posts: 352 Karma: 572 Join Date: Jul 2007 Location: Melbourne Device: Sony 500, Bebook, Kindle, Eco reader Drs and soon the Archos 9	It looks like most books are back on my bookshelf at both BoB and FW

04-10-2010, 11:55 AM	#142
Kosst Amojan Addict Posts: 207 Karma: 19597 Join Date: Apr 2006 Location: Northern Virginia Device: Nook Glowlight Plus	Well some good news, for those of you who couldn't download their books, please try again. I managed to get all except one of mine today (the one I couldn't get was an .lit format book).

04-10-2010, 06:36 PM	#144
cfrizz Wizard Posts: 1,569 Karma: 36389706 Join Date: Dec 2009 Location: Quincy, MA Device: Samsung 54A, Kobo Libra H2O, Samsung S6 Lite	Why wouldn't you download the book once it is put in your bookshelf? They tell you that they may not be able to keep all of your books in your bookshelf, so it just seems like it would be common sense to download all your books as soon as you can to ensure you always have them. FW DID complete their end of the deal by putting it in your bookshelf. They can't download it to your computer for you that is YOUR responsibility. If you didn't bother to move it to your PERSONAL pc that's on YOU not FW.

04-10-2010, 07:33 PM	#145
ficbot Wizard Posts: 2,409 Karma: 4132096 Join Date: Sep 2008 Device: Kindle Paperwhite/iOS Kindle App	cfrizz, what about iPod Touch/iPhone users? That machine does not allow side-loading. The only way to get it onto the device is via the in-app download. I have several books backed up on my computer that I tried to download into the app and could not. Having them on my computer did me no good in terms of getting them onto my iPod Touch.

04-11-2010, 04:37 AM	#147
langshipley Connoisseur Posts: 62 Karma: 10 Join Date: Apr 2010 Device: Kindle 3, Paperwhite 2, iOS Kindle app	I've just gone back and downloaded all my un-downloaded eBooks from FW that I had bought over the last 3 months, even some from pulled authors and fortunately they all downloaded and I now have copies of all of them on my PC. Phew!

04-11-2010, 04:40 AM	#149
HarryT eBook Enthusiast Posts: 85,544 Karma: 93383099 Join Date: Nov 2006 Location: UK Device: Kindle Oasis 2, iPad Pro 10.5", iPhone 6	A lot. But they all seem to be back again now.

04-11-2010, 04:50 AM	#150
lene1949 Wizard Posts: 1,952 Karma: 213930 Join Date: Oct 2009 Location: Middelfart, Denmark Device: Kindle paper white	I did download most of my books in my bookshelf to my palm.. Now I have a new reader (ipod touch) with ereader installed, and 40% of my books, which I paid for (they werent even cheap) cannot be downloaded to my ipod's ereader... When I first joined fictionwise the agreement was I could download my books at any time. They never sent me a message to say that this had now changed. I thought, when you bought a book it was yours, or at least yours to read.

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