Amazon settles suit over deleted Orwell books; Sydney Morning Herald, 10/2/09

Sydney Morning Herald; Amazon settles suit over deleted Orwell books:

http://news.smh.com.au/breaking-news-technology/amazon-settles-suit-over-deleted-orwell-books-20091002-gey5.html

Amazon.com Offers to Replace Copies of Orwell Book; New York Times, 9/5/09

Miguel Helft via New York Times; Amazon.com Offers to Replace Copies of Orwell Book:

"Amazon invited some unflattering literary analogies earlier this summer when it remotely erased unlicensed versions of two George Orwell novels from its customers’ Kindle reading devices.

Jeffrey P. Bezos, Amazon’s chief executive, apologized to customers for the deletions in July. And late Thursday, the company tried to put the incident behind it, offering to deliver new copies of “1984” and “Animal Farm” at no charge to affected customers.

Amazon said in an e-mail message to those customers that if they chose to have their digital copies restored, they would be able to see any digital annotations they had made. Those who do not want the books are eligible for an Amazon gift certificate or a check for $30, the company said."

http://www.nytimes.com/2009/09/05/technology/companies/05amazon.html?_r=1&scp=1&sq=amazon%20orwell&st=cse

New Entry in E-Books a Paper Tiger; New York Times, 8/6/09

David Pogue via New York Times; New Entry in E-Books a Paper Tiger:

"You get five free out-of-copyright books to start you off (“Dracula,” “Sense and Sensibility” and so on)...

Besides, if you want free, out-of-copyright books, you can get them on the Kindle, too. They await at Gutenberg.org and other free sites...

And remember, you can never lend, resell or pass on an A or B e-book. You’re buying into proprietary, copy-protected formats — which can have its downsides. Last month, for example, Amazon erased “1984” and “Animal Farm” from its customers’ Kindles by remote control, having discovered a problem with the rights. Amazon refunded the price, but the sense of violation many customers felt was a disturbing wake-up call...

Buying a “free” book entails a 1-cent charge on your credit card, which is refunded at checkout (huh?)...

Barnes & Noble’s e-book initiative has some bright spots: the iPhone and Windows apps are mostly excellent, the concept of free access to public-domain books is sound and being able to read your e-books on your laptop is a no-brainer.

But over all, this is a 1.0 effort — which, incidentally, the company acknowledges. It vows to address the shortcomings."

http://www.nytimes.com/2009/08/06/technology/personaltech/06pogue.html?_r=1&hpw

New petition demands an end to Kindle DRM, faces long odds; Ars Technica, 8/4/09

Nate Anderson via Ars Technica; New petition demands an end to Kindle DRM, faces long odds:

"It was that decision to link the Kindle hardware and store with a new DRM scheme that led the Free Software Foundation (FSF) to add the Kindle to its "Defective by Design" anti-DRM campaign.

The group has now launched a petition asking Amazon to "remove all DRM, including any ability to control or access the user's library, from the Kindle... Whatever Amazon's reasons for imposing this control may be, they are not as important as the public's freedom to use books without interference or supervision."

The Foundation took particular exception to two decisions that Amazon made. First was the company's decision to address publisher concerns about the Kindle's text-to-speech feature by giving book publishers a way to disable the automated reading of their titles. Second was Amazon's almost unimaginably bad decision to remove already purchased books from customers' devices—and not just any books, but the George Orwell titles 1984 and Animal Farm...

These issues are certainly troubling, and the FSF is right to call Amazon to account for them. But to most consumers, the bigger concern about DRM is vendor lock-in...

The shift to electronic books provides obvious advantages in convenience and portability (every Ars staffer who owns a Kindle swears by it), but those books can only be read on devices that support Kindle DRM. Just as with music, people run the risk of making a significant investment into a product that they cannot resell and which may well become obsolete or unreadable in a decade—or whenever they decide to switch e-reader brands. "

http://arstechnica.com/tech-policy/news/2009/08/new-petition-demands-an-end-to-kindle-drm.ars

My Kindle ate my homework: lawsuit filed over 1984 deletion; Ars Technica, 7/31/09

John Timmer via Ars Technica; My Kindle ate my homework: lawsuit filed over 1984 deletion:

A suit filed on Amazon's home turf claims that the company's recent deletion of e-books from consumers' Kindles violates its contract with users and constitutes computer fraud.

"Amazon attracted a lot of unwanted attention when it used its Kindle e-book reader's always-on network connection to delete copies of works by George Orwell that had been sold without a proper license. The company has since apologized to its users and promised that it will never happen again, but those steps aren't enough for some. A lawsuit has been filed in Seattle that seeks class action status for Kindle owners and Orwell readers, alleging that Amazon has done everything from committing computer fraud to eating a high school student's homework.

One of the plaintiffs, Justin Gawronski, has a compelling story about his experience with Amazon's memory hole. Apparently, he was reading his copy of 1984 as a summer assignment for school, and had been using one of the Kindle's selling points—the ability to attach notes to specific parts of the e-book text—to prepare for his return to school. Since he was actively reading the work when Amazon pulled the plug, he actually got to watch the work vanish from his screen. He's left with a file of notes that are divorced from the text that they reference. A second plaintiff is named, but he just seems to have gotten poor customer service when he complained about the deletion.

But the firm that filed the suit clearly expects that these two individuals are hardly alone, and it seeks class-action status, with three different degrees of harm. The first is simply Kindle owners, who have allegedly seen their device's resale value drop due to Amazon's actions. The second is those that lost a copy of a digital work, and the final class are those, like Gawronski, that have put effort into annotating a work, only to see the underlying text vanish."

http://arstechnica.com/gadgets/news/2009/07/my-kindle-ate-my-homework-lawsuit-filed-over-1984-deletion.ars

Amazon sued over Kindle deletion of Orwell books; Yahoo News, 7/31/09

Tim Klass, AP Writer, via Yahoo News; Amazon sued over Kindle deletion of Orwell books:

"A high school student is suing Amazon.com Inc. for deleting an e-book he purchased for the Kindle reader, saying his electronic notes were bollixed, too.

Amazon CEO Jeffrey P. Bezos has apologized to Kindle customers for remotely removing copies of the George Orwell novels "1984" and "Animal Farm" from their e-reader devices. The company did so after learning the electronic editions were pirated, and it gave buyers automatic refunds. But Amazon did it without prior notice.

The lawsuit seeking class-action status was filed Thursday in U.S. District Court in Seattle on behalf of Justin D. Gawronski, 17, a student at Eisenhower High School in Shelby Township, Mich., as well as Antoine J. Bruguier, an adult reader in Milpitas, Calif."

http://news.yahoo.com/s/ap/20090731/ap_on_en_ot/us_tec_amazon_kindle_lawsuit

Amazon Chief Says Erasing Orwell Books Was ‘Stupid’; New York Times Bits Blog, 7/23/09

Vindu Goel via New York Times Bits Blog; Amazon Chief Says Erasing Orwell Books Was ‘Stupid’:

"On Thursday, Amazon’s chief executive, Jeffrey P. Bezos, posted a statement on a customer forum, publicly apologizing for his company’s handling of the situation:

“This is an apology for the way we previously handled illegally sold copies of ‘1984′ and other novels on Kindle. Our ’solution’ to the problem was stupid, thoughtless and painfully out of line with our principles. It is wholly self-inflicted, and we deserve the criticism we’ve received. We will use the scar tissue from this painful mistake to help make better decisions going forward, ones that match our mission.”

http://bits.blogs.nytimes.com/2009/07/23/amazon-chief-says-erasing-orwell-books-was-stupid/?hp

Why Amazon went Big Brother on some Kindle e-books; Ars Technica, 7/17/09

Ken Fisher via Ars Technica; Why Amazon went Big Brother on some Kindle e-books:

"As it turns out, the books in question were being sold by Amazon despite being unauthorized copies. The works weren't legit. It was all copywrong. In other words, Amazon was selling bad books. Hot letters. Pilfered paragraphs.

MobileReference, the publisher in question, formats and sells public domain books on Amazon. The only problem is that George Orwell's Animal Farm and 1984 are not yet in the public domain, at least not in the US. According to Amazon's statement to Ars Technica, "These books were added to our catalog using our self-service platform by a third-party who did not have the rights to the books." When the publisher informed Amazon of this, Amazon moved to rectify the situation. The two books are no longer listed on MobleReference's website, either.

But does Amazon's Terms of Service even allow for this kind of “rectification”? Peter Kafka examined the ToS and believes that there is no backing for this move. The ToS makes it sound as if all sales are final:

Upon your payment of the applicable fees set by Amazon, Amazon grants you the non-exclusive right to keep a permanent copy of the applicable Digital Content and to view, use, and display such Digital Content an unlimited number of times, solely on the Device or as authorized by Amazon as part of the Service and solely for your personal, non-commercial use. Digital Content will be deemed licensed to you by Amazon under this Agreement unless otherwise expressly provided by Amazon.

One possible loophole would be in the licensing: Amazon cannot license to you something for which it has no rights to license. Also, we suspect that some indemnification clauses in the third party contracts also put the publisher, not Amazon, on the hook for possible infringement problems."

http://arstechnica.com/tech-policy/news/2009/07/amazon-sold-pirated-books-raided-some-kindles.ars

Amazon Erases Orwell Books From Kindle; New York Times, 7/17/09

Brad Stone via New York Times; Amazon Erases Orwell Books From Kindle:

"Amazon’s published terms of service agreement for the Kindle does not appear to give the company the right to delete purchases after they have been made. It says Amazon grants customers the right to keep a “permanent copy of the applicable digital content.”

Retailers of physical goods cannot, of course, force their way into a customer’s home to take back a purchase, no matter how bootlegged it turns out to be. Yet Amazon appears to maintain a unique tether to the digital content it sells for the Kindle.

“It illustrates how few rights you have when you buy an e-book from Amazon,” said Bruce Schneier, chief security technology officer for British Telecom and an expert on computer security and commerce. “As a Kindle owner, I’m frustrated. I can’t lend people books and I can’t sell books that I’ve already read, and now it turns out that I can’t even count on still having my books tomorrow.”

Justin Gawronski, a 17-year-old from the Detroit area, was reading “1984” on his Kindle for a summer assignment and lost all his notes and annotations when the file vanished. “They didn’t just take a book back, they stole my work,” he said.

On the Internet, of course, there is no such thing as a memory hole. While the copyright on “1984” will not expire until 2044 in the United States, it has already expired in other countries, including Canada, Australia and Russia. Web sites in those countries offer digital copies of the book free to all comers."

http://www.nytimes.com/2009/07/18/technology/companies/18amazon.html?_r=1

Some E-Books Are More Equal Than Others; New York Times, 7/17/09

Pogue's Posts via New York Times; Some E-Books Are More Equal Than Others:

"This morning, hundreds of Amazon Kindle owners awoke to discover that books by a certain famous author had mysteriously disappeared from their e-book readers. These were books that they had bought and paid for—thought they owned.

But no, apparently the publisher changed its mind about offering an electronic edition, and apparently Amazon, whose business lives and dies by publisher happiness, caved. It electronically deleted all books by this author from people’s Kindles and credited their accounts for the price.

This is ugly for all kinds of reasons. Amazon says that this sort of thing is “rare,” but that it can happen at all is unsettling; we’ve been taught to believe that e-books are, you know, just like books, only better. Already, we’ve learned that they’re not really like books, in that once we’re finished reading them, we can’t resell or even donate them. But now we learn that all sales may not even be final.

As one of my readers noted, it’s like Barnes & Noble sneaking into our homes in the middle of the night, taking some books that we’ve been reading off our nightstands, and leaving us a check on the coffee table.

You want to know the best part? The juicy, plump, dripping irony?

The author who was the victim of this Big Brotherish plot was none other than George Orwell. And the books were “1984” and “Animal Farm.

Scary."

http://pogue.blogs.nytimes.com/2009/07/17/some-e-books-are-more-equal-than-others/