Re: Re: Amazon remotely deletes 1984

I read somewhere (cannot remember where now) that there was no pirate.
 Orwell is public domain in other countries, and Mobipocket was selling his
works in one of those places.  Amazon bought Mobipocket, and then Amazon
just ported over all the Mobi titles into its kindle store without realizing
that Orwell's works were still copyrighted in the U.S.  If this story is
true, then it would be Amazon's goof all the way down the line.
Beth

On Wed, Jul 22, 2009 at 3:18 PM, Kent S. Larsen II <kent-bvea5+VdNl1Wk0Htik3J/[email protected]>wrote:

> At 12:55 PM -0500 7/21/09, Robotech_Master wrote:
> >
> >On Tue, Jul 21, 2009 at 12:37 PM, Erica Frank<<mailto:
> elfwreck%40gmail.com <elfwreck%2540gmail.com>>[email protected]> wrote:
> >
> >> Both of these incidents say a lot about Amazon's confirmation
> >> processes before they sell ebooks.
> >
> >Amazon's confirmation practices for third-party content in general are
> >pretty shoddy. For instance, they quite happily sold a
> >printed-on-demand bad Star Wars fanfic novel for several months before
> >someone complained about it.
> >
> ><
> http://www.terrania.us/journal/2006/04/now-at-amazoncom-bad-fanfic-and-books.html
> >
> http://www.terrania.us/journal/2006/04/now-at-amazoncom-bad-fanfic-and-books.html
> >
> >I wonder if the DMCA has something to do with it--they can't filter at
> >all or they lose "safe harbor" status? Just a guess though.
>
>
>
> Hmmm. Does Amazon really have a responsibility to confirm that an ebook
> publisher has the right to publish each work?
>
> I'd have to go look at the Kindle agreement, but I'm fairly sure it says
> something like "publisher warrants that it has the right to publish each
> book uploaded to the Kindle system, and indemnifies Amazon for any losses
> for works that it doesn't have the right to publish."
>
> Confirmation is not required for any brick-and-mortar store. No one is
> checking to see if Random House has the right to publish the latest Danielle
> Steele title. Remember, there are more than 5 million titles listed in
> Amazon's database, and probably 2 million or so are in print. Can you
> imagine how much work it would be to check every one? Even a smallish
> bookstore usually carries 5,000 titles or more. Still a lot of work.
>
> Why are we assuming that Amazon should check ebook publishers for the right
> to publish? And if they do have this responsibility, how does a publisher
> reassure Amazon that it has the rights? File documentation? A contract?
> What?
>
> It is certainly possible that the ebook environment will make it so easy to
> sell illicit copies of ebook titles that retailers will have this
> responsibility foisted upon them -- essentially raising a barrier to entry
> for new retailers (not what the ebook market needs, IMO). But until this
> happens, I don't think that Amazon or anyone else has a responsibility to
> check that the publisher has the rights it needs to publish any particular
> ebook.
>
> Kent
>
>
>
>
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-- 
Beth


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