4 ms·

Wouldn't the obvious solution be to sue Amazon in small claims for the price of the sold books? Or are they protected from liability by the DMCA?

dredmorbius 4y ago
That, and/or press for a criminal case. I suspect there's language in Amazon's sale / author contract that tries to limit this. Given the widespread nature of the abuse, puncturing such terms should be reasonably viable. 17 USC 106 lists among exclusive rights: (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; https://www.law.cornell.edu/uscode/text/17/106 https://www.law.cornell.edu/uscode/text/17/106 And § 501 - Infringement of copyright: (a) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A(a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be. For purposes of this chapter (other than section 506), any reference to copyright shall be deemed to include the rights conferred by section 106A(a). As used in this subsection, the term “anyone” includes any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this title in the same manner and to the same extent as any nongovernmental entity. https://www.law.cornell.edu/uscode/text/17/501 https://www.law.cornell.edu/uscode/text/17/501 There's a strong case for criminal liability under § 506 - Criminal offenses, see: https://www.law.cornell.edu/uscode/text/17/506 https://www.law.cornell.edu/uscode/text/17/506
JohnHaugeland 4y ago
They'll just refund you. Almost nobody ever notices.

dredmorbius 4y ago

That, and/or press for a criminal case. I suspect there's language in Amazon's sale / author contract that tries to limit this. Given the widespread nature of the abuse, puncturing such terms should be reasonably viable. 17 USC 106 lists among exclusive rights: (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; https://www.law.cornell.edu/uscode/text/17/106 https://www.law.cornell.edu/uscode/text/17/106 And § 501 - Infringement of copyright: (a) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A(a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be. For purposes of this chapter (other than section 506), any reference to copyright shall be deemed to include the rights conferred by section 106A(a). As used in this subsection, the term “anyone” includes any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this title in the same manner and to the same extent as any nongovernmental entity. https://www.law.cornell.edu/uscode/text/17/501 https://www.law.cornell.edu/uscode/text/17/501 There's a strong case for criminal liability under § 506 - Criminal offenses, see: https://www.law.cornell.edu/uscode/text/17/506 https://www.law.cornell.edu/uscode/text/17/506

JohnHaugeland 4y ago

They'll just refund you. Almost nobody ever notices.