"Roger" said:
Dan, I agree that they shouldn't have been allowed to keep the unauthorized copy, but it needs to follow the proper procedures here in the United States.
Like getting a court order first.
If you bought a pirated video, the cops can't go into your home and get it unless they have a warrant/court order to do so.
That would seem to be a fair point, but, well..
Once again, we aren't dealing with physical property. ; Perhaps my analogy was flawed from the start because of that. ; We are dealing with a license to view something. ; This is part of the reason why I so strongly dislike this DRM model of distribution.
As a purchaser of a Kindle book you don't own the file itself. ; You own the right to view that file. ; I'm not sure about this, but I think most DRM schemes have some sort of ability to remotely revoke that right for whatever reason.
As a PC gamer I'm caught up in this same thing. ; I have, only grudgingly, started using a digital distribution system known as Steam. ; It's inextricably tied in to the Half Life 2 series of games, and I'd eventually decided I wanted to play that series through. ; Even though you purchase it on DVD you have to activate it online, much as you do Windows OS's. ; I have numerous problems with this, but the greatest is that if you read the fine print you see that the reserve the right to terminate your license AT ANY TIME FOR ANY REASON. ; I'm pretty sure this is one of those "just in case" clauses, so that they can do it if some unforeseen circumstance pops up that they didn't already have the legalese to cover. ; They can't just go terminating people's licenses for any reason, they wouldn't last long as a software provider that way.
But what this means is that if they have some reason to terminate my license, they can basically shut off my access to the games that I had payed for. ; The software is still on my system, but not only do I not own that (you don't anyway, even in normal distribution schemes all you have is a license), but I could no longer use it either. ; This is entirely legal, dislike it though I may. ; They don't have to enter my house, I am using their service and have agreed to their terms that gives them the right to do this.
I'd be curious to see what sort of fine print you have to agree to to set up a Kindle account. ; Given the fact that this capability is built in to the system I'm going to guess that it's reflected in the legalese.
I would say that the take home message here is that the opposition to DRM systems isn't just some hippy/pirate thing. ; They have real repercussions for the way we view personal property. ; DRM just isn't about preventing piracy, it's about controlling the market. ; If you buy a CD you have the right to, say, rip the music to a digital format and put it on an mp3 player. ; You appear to also have the right to do things like make a ring tone out of it and whatever.
Not so if you buy a DRM protected digital download. ; The media companies have bypassed the concept of fair use. ; The simple act of putting a protection system on the file means that they can dictate how you use it. ; You can thank the DMCA for this, simply breaking a "lock" becomes illegal, it has no bearing on whether you would otherwise have the legal right to use the media in whatever form you wish.
I'm not even commenting on the appropriateness of 1984 being the book that caused all the hubbub.
In any case, Amazon says they won't do this any more. ; Whether you trust them or not is up to you, but it does seem that this was a royal screwup on their part and they know it. ; They're trying to market the Kindle as a friendly reading buddy. ; To associate it with this kind of big brother style action will haunt them for years. ; I fault them for taking such action, but I think it was more of a clumsy mistake than a malicious act. ; In any case there are the lawsuits under way now, I do hope that they can set a precedent against this sort of thing happening in the future. ; But if the Kindle accounts were covered by the appropriate legalese.. I don't know if they have any legal ground to stand on.