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Matthew C Jones | Forum Activity | Replied: Sun, Jul 19 2009 11:38 AM

MJ. Smith:
How to "correct" copyright infringements is, for these electronic forms, new territory. So, yes, Amazon blew it ... but its no big deal as a one time blunder.

Right now Google (parent of Youtube) is facing a $1 Billion lawsuit from Viacom for basically the exact same scenario - a 3rd party user uploads copyrighted material using the provided self-service system.

Really It all depends on where the courts define Amazon's system's boundaries. Does the fact each Kindle have an unique ID that Amazon uses for delivery of data constitute the Kindle as being part of Amazon's network? If that is determined to be the case then Amazon had to remove the books - per the Digital Millennium Copyright Act.

If Amazon's system is only defined as property in it's physical possession then it had to remove the ability to download the books but NOT to delete them from other's private Kindles - per the Online Copyright Infringement Liability Limitation Act   § 512(m) Protection of Privacy ".....OSP’s are not required to remove or disable access to material if doing so would break another law."

In other words: If your kid's puppy gets stolen and you know who has the pup, you better not get caught inside their house trying to retreive the pup.

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Paul Golder | Forum Activity | Replied: Sun, Jul 19 2009 1:05 PM

Matthew C Jones:
In other words: If your kid's puppy gets stolen and you know who has the pup, you better not get caught inside their house trying to retreive the pup.

Sort of like a print publisher not being able to come into your home and take back a book...

 

"As any translator will attest, a literal translation is no translation at all."

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Matthew C Jones | Forum Activity | Replied: Sun, Jul 19 2009 1:48 PM

Paul Golder:

Matthew C Jones:
In other words: If your kid's puppy gets stolen and you know who has the pup, you better not get caught inside their house trying to retreive the pup.

Sort of like a print publisher not being able to come into your home and take back a book...

 

To be more accurate it is more like you sold a stolen pup and break into the buyer's house to retrieve the pup while leaving the money on the kitchen counter. You still better not get caught doing it!  

(In Oklahoma we have the "Make My Day Law" ala Clint Eastwood in the Dirty Harry movies. You don't get caught here, you get shot.)

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Paul Golder | Forum Activity | Replied: Sun, Jul 19 2009 5:44 PM

Matthew C Jones:

To be more accurate it is more like you sold a stolen pup and break into the buyer's house to retrieve the pup while leaving the money on the kitchen counter. You still better not get caught doing it!  

(In Oklahoma we have the "Make My Day Law" ala Clint Eastwood in the Dirty Harry movies. You don't get caught here, you get shot.)

You've got me thinking. If a user has a Kindle in their house, under lock and key, and amazon wirelessly removed their resource, without their consent, could not this be inferred as breaking a privacy/property law? I'll bet dollars to doughnuts that at least one attorney, if not the entire ACLU,  is going to jump on it...

 

 

"As any translator will attest, a literal translation is no translation at all."

Posts 8967
RIP
Matthew C Jones | Forum Activity | Replied: Sun, Jul 19 2009 8:14 PM

Paul Golder:

Matthew C Jones:

To be more accurate it is more like you sold a stolen pup and break into the buyer's house to retrieve the pup while leaving the money on the kitchen counter. You still better not get caught doing it!  

(In Oklahoma we have the "Make My Day Law" ala Clint Eastwood in the Dirty Harry movies. You don't get caught here, you get shot.)

You've got me thinking. If a user has a Kindle in their house, under lock and key, and amazon wirelessly removed their resource, without their consent, could not this be inferred as breaking a privacy/property law? I'll bet dollars to doughnuts that at least one attorney, if not the entire ACLU,  is going to jump on it...

 

That's what I mean- - per the Online Copyright Infringement Liability Limitation Act   § 512(m) Protection of Privacy ".....OSP’s are not required to remove or disable access to material if doing so would break another law."  I expect there will be a lawsuit over this Amazon thing. - (Privacy issues and non-compliance with the DMCA notification requirement.)

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Paul Golder | Forum Activity | Replied: Mon, Jul 20 2009 4:22 PM

Interesting timing...

Barnes & Noble to Open E-Bookstore With 700,000 Titles

 

"As any translator will attest, a literal translation is no translation at all."

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Brian Whalen | Forum Activity | Replied: Thu, Dec 10 2009 10:50 PM

Logos will say we own them I look at it more like a long term lease.

Brian Whalen

http://www.mcnazarene.com

Posts 67
Brian Whalen | Forum Activity | Replied: Thu, Dec 10 2009 10:54 PM

I alsohave heard of this happening with a physical book set, a Christian encyclopedia set from a few years ago.  It was deemed too Christian, publishing stoipped, and all sets were recalled and destroyed.  I believe they were early in the process, so it wan't too difficult a process.

Brian Whalen

http://www.mcnazarene.com

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