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User's Kindle eBook collection revoked by Amazon (2012)
- pseingatl 6y agoShe could file a small claims case, which would get the matter resolved in two months or so. At the very least she would get a refund for all the books she purchased. There is probably an arbitration clause somewhere in the shrinkwrap which would be to her benefit because it would be easier to handle everything by mail and she doesn't need a lawyer. I am sure there are loads of attorneys in Seattle who would be happy to take a small claims case for $500.
- syshum 6y agoEvery Small Claims court I am aware of forbids attorneys, the entire purpose of a Small Claims court is to not need one, and if a large company shows up with one you the person are disadvantaged, so even Amazon would need to send a Representative of the company not a lawyer
- kbenson 6y agoI'm sure Amazon has lawyers on staff. What if it's a representative of the company and a lawyer?
- ValentineC 6y agoI'm guessing that a consequence of a small claims case (maybe even a chargeback?) would be being permanently blacklisted by Amazon across name, address, and other identifiers — like what happened to the Kindle owner in the first place.
- dhosek 6y agoWell, given that she'd already ben blacklisted, this doesn't seem to be that bad of an outcome.
- felipemnoa 6y agoI don't see how they could blacklist her for enforcing her rights. I imagine this would be grounds for a lawsuit?
- tjpnz 6y agoTaking a company like Amazon to small claims would absolutely result in you being blacklisted - your rights are null and void as far as they're concerned. And yes, it is grounds for a lawsuit but at that point you should be talking to whichever government body is responsible for enforcing consumer protections.
- atemerev 6y agoShe lives in Norway. How she would sue across the borders? I am not judging, but Americans are quite often too quick to assume that everything happens in the US by default.
- marmshallow 6y agoIs this trial by mail available given she lives in Norway?
- nicolaslegland 6y agoFollow-up, account restored (2012) (https://www.dailydot.com/unclick/amazon-linn-nygaard-deleted-account-restored/ https://www.dailydot.com/unclick/amazon-linn-nygaard-deleted...)
- hairofadog 6y agoThanks for the link. It's worth noting that it was restored without apology or any explanation whatsoever. I truly wish the Kindle had more competition.
- anothermoron 6y agoI mean, you can just use a kindle for the device and buy your drm free ebooks elsewhere...
- Topgamer7 6y agoI use a Kobo reader. Its pretty nice actually. I can dump books on it via usb, or over the network via dropbox. Or use Indigo to buy books.
- latexr 6y agoAnother happy Kobo user, here. What surprised me most is it keeps getting updates—improving both the interface and speed—despite being a device from 2012. But I am also surprised to learn that some software-only features are not included in updates to older devices. I have a Kobo Glo, and despite having finished an update less than fifteen minutes ago I don’t have the Dropbox syncing feature.
- anotherevan 6y agoThe Dropbox syncing feature appears to only be a feature of the Forma model. https://help.kobo.com/hc/en-us/articles/360033830114-Add-books-to-your-Kobo-Forma-eReader-with-Dropbox https://help.kobo.com/hc/en-us/articles/360033830114-Add-boo...
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- shadowprofile77 6y agoAnd this is why I immediately strip the DRM protections of any kindle book I buy from the site, and can then use them on any device or app that handles the format (or an epub conversion). There's no good reason whatsoever to buy a digital good and leave it beholden to the sometimes shitty whims of whoever sold it to you. That's not a purchase or ownership at all. It's just a long term lease but without a defined expiration date.
- the_af 6y agoHow do you strip the DRM, if you don't mind sharing?
- easton 6y agoThis[0] is a guide on exactly how to do it, but basically you install a Calibre extension[1], get your Kindle books (Calibre can automatically pull them from your Kindle, or you can download from Amazon.com), and import them. The plugin will strip the DRM as they are imported into Calibre. [0]: https://www.howtogeek.com/162994/how-to-strip-the-drm-from-your-kindle-ebooks-for-cross-device-enjoyment-and-archiving/ https://www.howtogeek.com/162994/how-to-strip-the-drm-from-y... [1]: https://apprenticealf.wordpress.com/2012/09/10/drm-removal-tools-for-ebooks/ https://apprenticealf.wordpress.com/2012/09/10/drm-removal-t...
- shadowprofile77 6y agoThe other reply to this covers it well. I'll just add one more thing. Some latest versions of the kindle app give you an edition of the ebook that can't so easily be stripped down with calibre. In these cases, a couple solutions exist: first, there's a certain plugin for calibre that does support DRM stripping, which can be installed to the calibre app (i'll try to find it and post here) and secondly (what I myself do), just download and install an old version of the kindle app for your desktop machine and download your purchases to that, they'll appear in their older format which can be DRM stripped via Calibre, and even converted to other formats like epub. None of this by itself is promotion of piracy as far as I'm concerned, since we're just talking about gaining full control of the things we DID buy and paid for from Amazon, so I refuse to consider it "wrong" despite their tiresome efforts at DRM lock-in.
- null621 6y agoAs a user commented, this is a very old event and she did get her collection back. It is an important point that you do not own the actual book file, but the right to read it, which is fragile. I don't feel like investing my money without extracting the book files.
- Vorh 6y agoI strip DRM off all of my books. As long as the publisher gets paid I don't feel guilty.
- holtalanm 6y ago> As long as the publisher gets paid I don't feel guilty. no one should feel guilty about stripping DRM from things they rightfully paid for.
- the_af 6y agoShe got her collection back, but without any explanation and she could just as well get it deleted again. Without transparency and understanding which rules she broke, exactly, she (and every customer) is at the mercy of Amazon's whims. I say Amazon, but just as easily it could have been Google, or Apple, or any other similar vendors of digital goods. There are enough horror stories out there.
- davidg109 6y agoDisturbing. Sounds like legal enforcement is once again required to spank these companies.
- vikingcaffiene 6y agoI stongly encourage anyone who uses a kindle for reading ebooks to back up their library via Calibre. If Amazon tried this rediculousness theres still a way to get all your content back via plugins that can convert them to plain epub. Unethical? Not if they steal from you first.
- komali2 6y agoIf you bought the book anyway I don't think it's unethical to unlock them no matter what. The author got paid, the content delivery mechanism got paid. Considering everyone got their money, it's unethical to have any DRM on the book at that point.
- 627467 6y agoI agree with your statement, yet the argument is that you are purchasing a license to consume the eBook and enforcement of that license is partially guaranteed by DRM built into those licensed copies, and since in some jurisdictions it is ilegal (immoral/unethical?) to break DRM and breach the license than, legally you shouldn't do that. Edit: personally, I don't like to be told how I should compute so I reserve the right to do what I want with bits (state of my sillicon) I have. Regarding IP of the content: I make sure not to distribute things I'm not licensed to distribute.
- the_af 6y agoHonest question: where does it say you're purchasing a license to read the book, and not a book? If it's buried in fine print, I'd say that's deceptive. If it says "buy this book" on Amazon, then customers have every right to expect they are buying books, not licenses.
- 627467 6y agoYeah, not a lawyer, yet I'm playing devil's advocate. Your's is a fair statement of our state of affairs. All these content distributors rely on increasingly complex models of distributions that rely on people's lack of willingness (or ability) to comprehend what they are buying.
- kingtobbe 6y agoI still use an old Sony eReader just to stay away from these insane restrictions. Too bad the Kindle is such a nice piece of hardware though.
- Causality1 6y agoWe need a digital consumer rights law. Companies should not be able to revoke data or software. Software and hardware that depend on external servers should carry "expiration date" labels that define the minimum amount of time the vendor is required to maintain those servers. People should be allowed to run their own servers for abandonware.
- m-p-3 6y ago> People should be allowed to run their own servers for abandonware. Especially those multiplayer-only games, that ultimately will vanish and a piece of gaming history becomes lost to time.
- WorldMaker 6y agoWe need a long think about digital survivorship: accounts/data should be able to be escrowed/put into Trusts for future generations. Most terms of service agreements are between you specifically and the company, and will not survive you. "Could I gift my account/purchases when I pass to my loved ones?" is currently "legally and/or technically no" on almost every digital goods service. Even if we have mostly given up on the more general "right of first sale" and "first sale doctrine" on digital goods (that we can resell purchases as "used"), survivorship should not be forgotten.
- arkanciscan 6y agoI could replace her collection with torrented epubs in about a half a day.
- m-p-3 6y agoThis is simply a workaround to a deeper problem with DRMs, we're simply renting an unlimited access (that can be revoked at any time, sometime with a valid reason and sometime not) of purchases. I'm still appreciative of all those folks working in the shadow to break those protections and provide a DRM-free version, even if it's illegitimate.
- cyxxon 6y agoI know this is really old, but I wonder if it has really been decided completely in all jurisdictions if this is legally ok or not, because on the German Amazon website the button for ebooks is very clearly labelled with the German word for "buy", and it is merely labelled as a different format like hardcover or paperback. There might be legalese buried elsewhere (while creating the account or activating the Kindle or whatever), but according to their own words you buy a book in the Kindle format, you do not rent access to it. I buy Kindle books all the time, and would love to see this decided in court...
- greentimer 6y agoThe lack of details make it tougher to side with the apparent victim here. I'd like to know whether she really did violate DRM in a meaningful way and the closure of her Kindle account was an appropriate response. I wouldn't go so far as the author and claim that DRM means you merely rent books from Amazon and they can be taken away at any time. This is likely something that affects a very small percentage of users and is like a freak accident when it happens, though according to radical skepticism, freak accidents may be much more likely than we intuit. However I agree that the response from the Amazon representative must have been very frustrating to receive and this would cause Amazon significant problems if the same thing happened to a large number of users. In the end I hope writing such articles about the problem helps resolve it before it does affect a large number of users.
- the_af 6y ago> The lack of details make it tougher to side with the apparent victim here. What do you mean? The victim provided every detail (and in fact, she later got her account restored, no apologies or explanations given -- again). All details missing are by Amazon, which is precisely the problem: the company can terminate your account and delete the items you bought while providing absolutely no information whatsoever. It's as if a brick & mortar book store reserved the right to enter your house and take back a book you bought, without explaining everything besides "you broke a rule". The glitch in their fraud detection system is not the biggest issue; glitches happen. Their total lack of transparency and explanations is the problem.
- joris_w 6y agoIsn't this a case where the GDPR would come in handy? She could demand a transcript of all data Amazon has collected on her. Under the GDPR Amazon can not refuse. This data should contain the reason why her account was closed. If there is an error in the data, you can demand a correction. Under the GDPR Amazon can not refuse. If the data does not give a valid reason for closing an account, it must be incomplete. A GDPR violation! Punishment for GDPR violations are rather severe, I doubt any company would take the risk.
- patchtopic 6y agoIt's exactly because of this kind of stuff I replaced my kindle with a Kobo when it wore out.
- tgvaughan 6y agoMe too. Although it's worth noting that just buying a Kobo and using the associated store doesn't save you from this kind of thing in principle. While the books are formatted using epub, they're encrypted using Adobe's DRM system, meaning you need an account with Adobe which can be similarly revoked. Unless you're only ever reading books in the public domain, it's very hard to protect yourself from this nonsense without breaking the law in some way.
- dang 6y agoMassive thread from back then: https://news.ycombinator.com/item?id=4682392 https://news.ycombinator.com/item?id=4682392
- pretzels23 6y agoThe best way to use Kindle devices is in airplane mode with Calibre. There's an incredible KFX8 plugin that turns any old non-DRM epub/mobi into the special format that Kindles use to render the text. Basically any book can be gotten from libgen. I usually buy books from living authors, then let those live in the cloud as a backup. I get the pirated version for personal use. If the author isn't living anymore then I don't buy it at all.
- pikuseru 6y agoRelevant related article: https://www.jacobinmag.com/2013/11/sharecropping-in-the-cloud/ https://www.jacobinmag.com/2013/11/sharecropping-in-the-clou... Maybe one day there’ll be alternatives, you’ll be able to buy and own books and read them on devices like the Open Book: https://itsfoss.com/open-book/ https://itsfoss.com/open-book/ In the meantime I’ll be sticking with old paper books. On the downside they take up a lot of space (but I guess that’s why we have public libraries, charity shops and second hand book shops.) On the upside they have a great battery life.
- pikuseru 6y agoOoh color, shiny https://pocketbook.cz/cs-cz/catalog/color-screen-cz/pocketbook-color-cz https://pocketbook.cz/cs-cz/catalog/color-screen-cz/pocketbo...
- anotherevan 6y agoAnything with DRM is not sold, it is leased. My bugbear is that they still have "Buy Now!" buttons and such, which to my mind is fraud. I wonder what the reaction would be if it said, "Lease Now!" instead?