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Old 04-02-2014, 07:28 AM   #1
georg3200
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can I sell mobi-files (and epubs) in my shop? legal issues?

Hi there,

This is a question concerning the legal rights and the format mobipocket itself.
We produce epubs and mobis for a customer. Now he asks me, if it is ok for him to sell the mobis in his shop.
I am not sure if there are any legal problems in doing this.
As much as I see the format mobi belongs to Amazon.

I am sure, that Amazon is not happy if some else sells mobis, but might it be a legal issue?
I have not found anything that says, that it is illegal so sell a mobi-file, but you never know...

thanks
Georg
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Old 04-02-2014, 08:16 AM   #2
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You can sell MOBIs, I believe. Other places do. You would just want to avoid creating the mobi with Amazon's official tools if you do.
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Old 04-02-2014, 10:43 AM   #3
georg3200
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Thanks for the response, that's what I think too. I believe it is ok.
But I think a mobi created with kindlegen should have the best quality. At least it should make sure, that the mobi works on every kindle. We had some issues with calibre generated mobis in the past, so we usually use kindlegen or kindle previewer with its drag and drop...
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Old 04-02-2014, 10:56 AM   #4
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Quote:
Originally Posted by georg3200 View Post
But I think a mobi created with kindlegen should have the best quality. At least it should make sure, that the mobi works on every kindle. We had some issues with calibre generated mobis in the past, so we usually use kindlegen or kindle previewer with its drag and drop...
I don't disagree. But selling ebooks created with Kindlegen anywhere but on Amazon IS a violation of the terms of service for using the software. That much is clear.
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Old 04-02-2014, 03:30 PM   #5
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Quote:
Originally Posted by DiapDealer View Post
I don't disagree. But selling ebooks created with Kindlegen anywhere but on Amazon IS a violation of the terms of service for using the software. That much is clear.
Another question is whether those terms of service are legally enforceable (I'm not saying they aren't, just that sometimes that is the case).
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Old 04-02-2014, 03:36 PM   #6
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Another question is whether those terms of service are legally enforceable (I'm not saying they aren't, just that sometimes that is the case).
Oh, absolutely. I have no idea if Amazon is (or has) taken any legal action with regard to this (or if it's likely/unlikely that they would be successful if they did). I just like people to be aware of what Amazon SEEKS to dictate with kindlegen's ToS.
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Old 04-04-2014, 03:47 AM   #7
georg3200
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I am aware of the fact that it might be a violation of the kindlegen ToS, when I use it.
It might be difficult to take legal action. But of course they could remove our (or the customers) books from the kindle ebook-store...
So I see that this is a difficult topic. I will inform our customer in that way. He may decide....
Thanks a lot.
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