07-18-2009, 04:19 PM | #76 | |
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I am glad to see Amazon changing its policy, although my cynical nature ascribes the change to the desire to avert a PR disaster, and/or avoiding the inevitable lawsuit. They can't really just be discovering this "glitch".... As I said, there are well established venues for copyright holders to redress any damage done to their rights by such sale, that do not involve what may be illegal access and removal of files, from the devices of innocent purchasers. |
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07-18-2009, 07:09 PM | #77 | |
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Furthermore, even if you were right that it was "illegal", Amazon is not your dad or cop, it is a vendor. It should not have the right police your Kindle without your permission. |
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07-18-2009, 10:21 PM | #78 |
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07-18-2009, 10:24 PM | #79 |
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07-19-2009, 01:43 AM | #80 | |
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Michael Jackson's HIStory album from 1995 had a couple of offensive words on one track, so they went back and censored the words for a new pressing of the album. Did Michael Jackson or Epic or Sony force their customers to return the originals and get the new, censored version of the album? Or, as Amazon did, simply take the albums back and refund the money? No, because they legally could not do so. If anyone's dancing around the facts here, it's you. |
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07-19-2009, 01:55 AM | #81 | |
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07-19-2009, 02:06 AM | #82 | |||
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But, taking US law into account: Quote:
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07-19-2009, 02:18 AM | #83 |
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07-19-2009, 03:11 AM | #84 | |
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And that's why, after a legitimate sale in which the parties (Amazon and the purchaser) acted in good faith, even if there was a subsequently discovered copyright violation, the copyright holder is not deprived of the "physical" copy. The injured copyright holders may have a claim against those who infringed on their copyright, or against Amazon. But, Amazon most likely does not have the right to reach into your Kindle, and remove the file (it may in fact be an offense.) And most likely, Amazon does not want go to court to find out. And this is why, Amazon is re-evaluating their practices. So, if you personally still want Amazon to be able to delete your files, take your beef with Amazon. Last edited by Sonist; 07-19-2009 at 04:32 AM. |
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07-19-2009, 04:03 AM | #85 | |
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Unlike stolen goods, IP violations are committed by the publisher or producer of the item, not the purchaser. Especially if the purchaser has lack of intent. By the way IP rights are the same regardless of the state of the object, ie physical or electronic. Intellectual property refers to the content - the book, the song, the show - regardless of the media in which it is delivered. You can't buy a physical copy of a copyrighted play, for example, then put on a performance without paying royalties. You can buy an illegally printed book legally. You cannot buy a stolen book legally though, for example a rare book taken from a collector or a book stolen from B&N being sold on the street. In those cases, a physical theft has occurred, which differs from an copyright infringement. Clear as mud? |
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07-19-2009, 04:52 AM | #86 |
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For curious people - here is how Amazon deletes books.
There is a special "todo" server (https://todo-g7g.amazon.com) which is polled by Kindle regulary. It provides a simple webservice that allows Amazon to specify list of actions to perform. Here is a sample list of actions:
Sample deletion request is shown below (I crafted it manualy, so real one from Amazon may differ, but this one does work, book key was mangled): Code:
<?xml version="1.0" encoding="UTF-8"?> <response> <total_count>1</total_count> <next_pull_time>20090719 20:00:00</next_pull_time> <items> <item priority="0" type="EBSP" action="DEL" key="B000XXXX" sequence="0">Book name</item> </items> </response> This feature can be trivialy disabled by patching Kindle firmware |
07-19-2009, 05:11 AM | #87 |
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The deletion operation is also used by subscriptions, so be careful if you disable it - you'll remove the automatic "tidy-up" of subscription content as a side-effect.
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07-19-2009, 05:17 AM | #88 | |
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Here is a full list: "NWPR", "EBOK", "EBSP", "NNOW", "FEED", "PSNL", "MESG", "NAMS", "FWUO", "FWUP". It's simple to disable deletion only for a particular type |
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07-19-2009, 06:28 PM | #89 |
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Maybe Amazon saw the MobileRead front page news item about the Chinese clone of the Kindle and wanted to demonstrate to the Chinese government why they only want their population to use REAL Kindles. That Amazon they're so clever.
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07-19-2009, 06:31 PM | #90 | |
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