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July 17, 2009 4:59 PM PDT

Amazon says it won't repeat Kindle book recall

by Ina Fried

Amazon said late Friday that it recalled two Kindle e-books because the publisher lacked the rights to the book. However, in the future, it says it won't pull already downloaded material from customers' devices.

The removal of two George Orwell books from the accounts of those who had already purchased them sparked an outcry from customers, bloggers, and mainstream media outlets.

"These books were added to our catalog using our self-service platform by a third-party who did not have the rights to the books," Amazon spokesman Drew Herdener said in an e-mail. "When we were notified of this by the rights holder, we removed the illegal copies from our systems and from customers' devices, and refunded customers."

Herdener said Amazon won't handle things the same way in the future. "We are changing our systems so that in the future we will not remove books from customers' devices in these circumstances."

Some said that Amazon's move appeared to violate its own terms of service.

During her years at CNET News, Ina Fried has changed beats several times, changed genders once, and covered both of the Pirates of Silicon Valley. These days, most of her attention is focused on Microsoft. E-mail Ina.
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Add a Comment (Log in or register) Showing 1 of 2 pages (67 Comments)
by joepmd July 17, 2009 5:18 PM PDT
Ooops. We're sorry. We're really, really sorry. Please don't give us bad press. We promise we won't ever do this again until we have to do it again. Feel free to buy lots of DRM content from us. We'll store it for you so you never have to worry about access. It's alright Little Red Riding hood. We're not out to make too much money on you.
Reply to this comment
by Random_Walk July 17, 2009 7:46 PM PDT
Exactly.
by gggg sssss July 17, 2009 8:36 PM PDT
Isnt that what OJ said when he got caught trying to take back stolen stuff?
by assman July 18, 2009 1:45 AM PDT
They agreed that it wasn't a good policy and promised to not repeat the same mistake in the future. What more do you want? Amazon made a mistake and is owning up for it.
by Random_Walk July 20, 2009 7:10 AM PDT
"What more do you want?"

...and if no one noticed, would they have held to the same promise?

'Oops! I'm really sorry that I broke into your house and took those games out of your xbox. I did leave money on the table on the way out, though.... and I promise I won't ever ever do it again.'
by ppartekim July 17, 2009 5:35 PM PDT
Burn me once, shame on you, Burn me twice, shame on me. I don't plan on being burned a second time so no Kindle purchases for me. I just don't trust DRM'd ebooks and this just proves it.
Reply to this comment
by keepingmediahonest July 19, 2009 3:11 PM PDT
DRM? I fail to see what this has to do with Digital Rights Management. It's strictly an issue of how Amazon can or should remotely manage the contents you your Kindle.
by Random_Walk July 20, 2009 7:12 AM PDT
"I fail to see what this has to do with Digital Rights Management."

DRM is the exact mechanism they used to jank the purchases (look up 'rights revocation'). Without it, they couldn't/wouldn't have pulled a stunt like that.

No DRM, no lost data. DRM, lost data.
by SkydiveGuy July 17, 2009 5:47 PM PDT
They are just going to change their Terms of Service to allow this in the future.
Reply to this comment
by Jack K1 July 17, 2009 6:12 PM PDT
I agree with SkydiveGuy, and it's not just because I'm a skydiver. DRM is just a bad business model.
Reply to this comment
by plee86 July 17, 2009 6:13 PM PDT
What a ridiculous response from Amazon. How does a promise not to do it again address what they did ALREADY? Especially when what they did violated their own terms of use and service? Why would you trust Amazon to abide by a "promise" when it casually violates its own contract with Kindle users?

This is about Amazon choosing to protect its own interest at the expense of its users. Obviously, their legal department ran the numbers and determined that the cost of liability from being sued by the books' rights holder was bigger than the cost of being sued by Kindle users. So they decided to violate their own Kindle terms of service to avoid getting sued for greater damages by the publisher.

Hopefully, some Kindle owners will sue Amazon.
Reply to this comment
by UITD July 18, 2009 9:04 PM PDT
"Obviously, their legal department ran the numbers and determined that the cost of liability from being sued by the books' rights holder was bigger than the cost of being sued by Kindle users."

Obviously they didnt calculate the liability cost of the customers' lawsuit.... Typical short-sighted legal departments...
by PhantomTbird3 July 19, 2009 12:19 PM PDT
And exactly what would they sue for? Damages? Kind of hard to prove damage was done since you were credited with the money you spent. They pretty much fixed a bad situation. Get over it. You can't sue someone because they made you feel all bad inside. Unfortunately, too many people don't know that and too many lawyers are willing to part them from their cash.
by Random_Walk July 20, 2009 8:21 AM PDT
I don't see a lawsuit - even of the class-action type.

I do however see a lot of people being soured on considering a Kindle purchase, and a whole lot of reviews mentioning the incident in the future.
by willicueva July 21, 2009 5:02 AM PDT
If you buy (knowingly or not) a stolen object, that object is NOT your property. You can therefore not sue someone for having taken stolen property away from you. What argument would you use? "I was going to give it back to the rightful owner" ??!?
by July 23, 2009 8:20 PM PDT
PhantomTbird3, I think I could sue for damages... Want to guess what happens to your book annotations when the revoke a title? Let's say that I was a PhD student doing my dissertation on Orwell and I used the annotation feature to fully comment my electronic copy. Then out of the blue Amazon just yanks the book from my Kindle... along with all my notes. I'd be calling my lawyer without blinking an eye.
by Inconnux July 17, 2009 6:25 PM PDT
just another reason why the over priced kindle is a complete joke.
Reply to this comment
by bobwoodard July 17, 2009 6:56 PM PDT
Yeah... right.... like I'd trust them to not do it again. I thought I was waiting for the Kindle to come down in price, but now I'm waiting for a different ebook reader.
Reply to this comment
by Earl Benzar July 17, 2009 7:11 PM PDT
Amazon panics. But now we all see the danger of using the Kindle. It's back to paper books for me.

Buh-bye Kindle.
Reply to this comment
by Xenite227 July 17, 2009 7:36 PM PDT
*rolls eyes* I love how people are feigning outrage over this. Amazon had a legal obligation to remove the content, what choice did they have? The blame for this sits squarely on the shoulders of the people who published content that they did not own the rights to. Amazon refunded peoples money, theirs no big outrage here. And honestly I doubt very few of the people here complaining even own a kindle.
Reply to this comment
by gggg sssss July 17, 2009 8:37 PM PDT
see above copmment on OJ
by Sandtigrr July 17, 2009 9:07 PM PDT
Me thinks you miss the point. It's not about who owns the Kindles being outraged or upset. Its about all the readers and potential book market that Kindle is trying to tap into. Readers (like me) are very opinionated when it comes to their passion. Reading is a passion to many of us. It is even more so to a potential customer that will shell out $300+ for a Kindle. Amazon has sold a lot of Kindles but their device has yet to reach a saturation point with the book market. There is still a lot of interest in the Kindle and other e-readers. However, this situation have put a spotlight onto the potential abuse of DRM that EVERY person considering when buying such a device. Any user that has bought one now wonders if it could happen to "their" books as well. We (readers) think of the books we love and purchase as our own. Talk to anyone that has a place filled with books and you'll see that. What this has shown us is that with Kindle (and potentially other e-readers) the books we purchase in electronic form are no longer "ours." So to use the 1984 example if "the powers that be" decide to outlaw or remove access to previously allowed texts we may wake up one morning with our books missing and a mysterious "credit" on our account. Personally I prefer keeping the knowledge and resources I have accumulated no matter what a "fat cat" wants. I was about to purchase a Kindle and slowly convert my extensive library into electronic form to get the space in my house back. After this experience I will have to keep with what I have been doing and add a few more bookcases to my already stuffed rooms.
by GenX2.0 July 18, 2009 9:10 AM PDT
I own a Kindle and the copy of 1984 that was taken back. This is total BS, and if you can see the reasons why, then nothing I say will make a dent. Amazon easily could have paid the publisher since it was their fault to begin with. The real reason they did this was price. The cost was 0.99 for the book and now I got an email from Amazon, saying they are going to get a kindle copy "very soon". I bet their "legal" copy will be $9.99 or higher. I canceled all my Kindle Subscriptions, and will just keep the books I have on the Kindle as is. I will NEVER purchase another thing from Amazon again.
by msolominow July 18, 2009 9:58 AM PDT
@Sandtigrr: If reading is such a passion for you, will you not admit that the people who create and publish those books get fairly compensated for their efforts? If anyone could appropriate anyone else?s work and offer it for sale we would soon end up with a world where no one would write books anymore, which is not a world I would like to live in. Given that without DRM ebooks could be infinitely duplicated and sold by thieves at practically no cost to themselves I see it as a necessary evil that I am willing to live with to have the convenience of my Kindle. Maybe we will eventually live in some Utopian future where people will not steal things that aren?t locked down, but I doubt it.
by El_Segfaulto July 18, 2009 10:19 AM PDT
@msolominow

In all fairness 1984 should have been in the public domain a looong time ago. It's greedy corporations and relatives leaching off the legacy of one of the greatest English authors of our time that caused this. Paper distribution has already brought in a ton of money, digital distribution costs almost nothing and the author has been dead for 70 years. Who's getting screwed in this deal?
by Sandtigrr July 20, 2009 7:30 AM PDT
@msolominow
The writers AND publishers have made a mint off of me. I more than support the authors I read.
I have purchased multiple copies of many of my favorite author's works so don't even try and go there bub. :)
But I will say this...1984 was written a LOOONG time ago. Do you actually think that the original author's family sees anymore than a penny or two MAX for any book sold?
If you do I have a contract for the Brooklyn bridge for you to buy. ;)
by Random_Walk July 20, 2009 8:23 AM PDT
"If reading is such a passion for you, will you not admit that the people who create and publish those books get fairly compensated for their efforts?"

I'm pretty sure that George Orwell's grave doesn't have a vending-box bolted to the headstone.
by Perry_Clease July 17, 2009 7:43 PM PDT
You can read the entire book online at http://www.george-orwell.org/1984/index.html
Reply to this comment
by merrily1941 July 18, 2009 1:26 PM PDT
Yay! Also, remember the library!!! My town library also has this system called Overdrive, which is PITIFUL, as you have to keep on downloading it time after time, with each new book you want to either read or hear being read. I gave up on this Overdrive business. Back to books!
by magicmaster July 17, 2009 8:28 PM PDT
Amazon is like the repeated offender of theft who vowed not to steal it again. It's only credible if no theft is ever committed again, or we will see Amazon vowed not to steal it again (again).
Reply to this comment
by msolominow July 18, 2009 10:00 AM PDT
Amazon unwittingly sold stolen property, and when they found out they were doing so they took it back and refunded the money they were paid for it. They did the right thing if you ask me.
by magicmaster July 19, 2009 5:27 AM PDT
@msolominow

You can't simply remove someone else's properties without their permission or the intervention of the courts. It's called theft.
by istill316 July 20, 2009 5:46 AM PDT
@magicmaster

If you buy stolen property, it's not actually your property: it's still stolen.
by Belinus July 20, 2009 7:45 AM PDT
@magicmaster

What property was stolen from users? They did not own the book, they owned the rights to have a copy on their Kindle granted by Amazon via purchase.
by feliusrex July 17, 2009 11:16 PM PDT
The question I have is why aren't Amazon system administrator being arrested for illegal entry into a protected computer system, theft, conspiracy to commit wire fraud, ect. If I went onto the Amazon site and stole a book, I sure be hammered to the full extent of the law. The same should apply to Amazon's system admins, an anyone that can be proven to have taken part in this crime. The fact that they left a note and store credit doesn't make it any less criminal. I think a minimum of 10 years jail time for all involved would be a lenient sentence.
Reply to this comment
by shinji257 July 19, 2009 2:40 AM PDT
Because it is their system and it technically isn't protected. Also the sanction only applies to computers which the Kindle is not.
by a3th3r July 20, 2009 8:19 AM PDT
Computer:one that computes ; specifically : a programmable usually electronic device that can store, retrieve, and process data
http://www.merriam-webster.com/dictionary/computer

Sounds like a computer to me. Maybe it does not fit in your standard definition or Personal Computer, but it is by definition still a computer.

That being said I feel Amazon did the right thing for the most part, and even if you don't it is not right to completely judge a company based off of a single action. The ebook sale and distribution market is still relatively young, and copyright law is constantly under criticism for being too confusing and/or broken which leaves a lot of room for error. Just look at what is happening in the multimedia markets, specifically dealing with the RIAA and major companies such as Microsoft being sued for copyright violations.

A companies first obligation is to protect its investors and share holders from liabilities such as this.
by alchemistmuffin July 17, 2009 11:37 PM PDT
My god, YOU GUYS DON'T GET IT AT ALL!

Amazon Kindle has a KILL SWITCH, which is typical for all devices that uses celluar signals, and wi-fi devices.

iPhone even has one as well, Apple also has a policy of removing apps from your phone without notice, followed by full refund of the app.

It's typical folks, in today's age. KILL SWITCH IS IN ALL INTERNET ENABLED DEVICE.

Amazon did the right thing, by yanking the book from the Kindle Store. At least the customers got refund, which is good.

Also, Amazon Kindle books are STORED IN THE CLOUD! I have a Kindle, and also an Kindle app for iPhone, WHICH STORES BOOK IN THE CLOUD!
Reply to this comment
by assman July 18, 2009 1:47 AM PDT
Yeah well the problem is, 90% of the internet that comments on articles like this tend to be clueless about what they're talking about.
by gggg sssss July 18, 2009 11:43 AM PDT
Fear the cloud. They are indeed in teh cloud sincethey require constant ( ok with kindle occasional) connection to teh mother ship to keep their licences live.What happens when Amazon goes bankrupt, like Spiral Frog or just loses interest like WalMarts DRM music service?
by shinji257 July 19, 2009 2:42 AM PDT
@dano10000: They violated no rules here.
by jezzali July 18, 2009 2:13 AM PDT
So... Who's gonna buy a Kindle eBook now ?

We may be witnessing the death of Amazon's Kindle.
Reply to this comment
by gertruded July 18, 2009 3:16 AM PDT
Why would anyone PAY for a book? There has been a free book system for a long time. It is called a Library. No RIAA, no MPAA, no Amazon, no itunes, No DRM.

These DRM systems are corporations gone wild.

NEVER pay, just get a library card.
Reply to this comment
by svgtom July 18, 2009 9:00 AM PDT
I doubt I could find half the books I own in a library.
by gsekse July 18, 2009 2:43 PM PDT
Yes, everyone get a library card, if nothing else, that would improve things for the libraries! Better yet, go make a donation to one.
by rhody193 July 18, 2009 6:18 AM PDT
That's why when you get a book from Amazon, move it to the SD card on your Kindle. Sorry K2 owners
Reply to this comment
by 6784 July 18, 2009 7:22 AM PDT
OK, more of this "commentary" mostly by folks who do not own a Kindle and probably do not own an e-Reader of any kind. These folks make my butt hurt.

There are some simple ways around this, one already mentioned and the other is to just not use the wireless but rather download to a PC and transfer by USB (which is the way every other reader works). They cannot delete what they cannot access.

Library!? Just try getting an unusual book or a popular one. Ever try getting a book you want in a small town library?

Witnessing the death of the Kindle? I would love to remind you of THAT statement in a couple of years!
The only thing dying is booksellers that DO NOT have readers.

Its about all the readers and potential book market that Kindle is trying to tap into. Readers (like me) are very opinionated when it comes to their passion."

AMEN, Amazon could care less about the sort of non-owner posters that are bashing here. These folks do not own one and will never own one anyway. Pissing off non-customers is a non-issue for any retailer. I know four Kindle owners and have one myself and they ALL love them.
Reply to this comment
by Random_Walk July 20, 2009 7:18 AM PDT
It doesn't require owning a Kindle to show that DRM is essentially what is known as a Bad Idea. Amazon merely showed us one of many reasons as to how and why (among many reasons). Replace "1984 ebook" with "critical business app", and suddenly it doesn't look very trivial anymore.

"Amazon could care less about the sort of non-owner posters that are bashing here."

Bad Press = Lost Sales ...among the very market most likely to buy such a product.

"Just try getting an unusual book or a popular one"

I can whip up a list of ten rare/used book dealers within 10 miles of my house that can do just that for you.
by mrosenecker July 18, 2009 8:46 AM PDT
I'm not sure what all the fuss is about. Amazon removed content from their systems, as well as the users' systems because they were informed that the content was not properly licensed. Now, certainly, it was their fault for not confirming that the content uploader was in possession of the rights to upload it, but I think that Amazon acted prudently. They removed the content from their servers (thereby limiting their liability, and eliminating their future liability), and then they removed it from the Kindles in question (thereby eliminating any liability that the end-users might incur), and immediately refunded the purchasers for the cost of the purchase. It's not a case of DRM being bad (that's a separate discussion). DRM had nothing to do with this...this was about Amazon protecting themselves, and their users from being sued.
Consider this:
They could have chosen to not remove it, but instead relied on the end-users to delete the content. Since they obviously have the ability to determine what you have on your Kindle, end-users that had chosen not to delete the content (or hadn't gotten around to it) could have been open to illegal possession lawsuits from the rightful copyright owner. Amazon would have been subpoenaed to provide a list of customers with the book still on their device, and you would have been even MORE outraged that they helped their customers get sued.

I'm not a Kindle owner, and I have no immediate plans to be one, but this event wouldn't prevent me from becoming one.
Reply to this comment
by mgaither July 18, 2009 9:01 AM PDT
Who owns their virtual home? If I walked into a bookstore, took a book from the shelf, and subsequently left the store without paying for the book. I would be arrested for shoplifting, have a criminal record, be required to pay for the stolen merchandise, and pay a substantial fine. If I stole a book from my neighbors bookshelf after breaking into their home the criminal charges would be greater. If I repeated the offense by stealing a book from all of my neighbors I would be considered a greater criminal. In the future, the now, the criminals won't need to steal or burn books - they can just delete them and simply apologize.
Reply to this comment
by eCurmudgeon July 18, 2009 10:01 AM PDT
I can tell from reading the comments here that none, NOT ONE, of the commenters own a Kindle.

First off, you can protect your precious downloads by simply turning the wireless off (easy to do). You should do this anyway to extend battery life. Second, you can store your downloads on your computer via the USB connection (I can hear the morons out there crying about the inconvenience of it all. Since you have to plug the Kindle into a USB port to recharge it, why not transfer the content at the same time? It'll take less time to make those copies than it will to charge the device. Oh, you can't because the Kindle requires a micro-USB cable? Don't make me laugh. It comes with one, or you can easily buy one from Fry's, or Best Buy, or eBay).

Third, it was a 99-cent book, for Pete's sake! If that upsets you, you are a bloody cheapskate who shouldn't be allowed online at all, because sooner or later you'll stop paying your ISP. Besides, you can read it online at no cost other than what your ISP charges you morons. Class-action lawsuit over a 99-cent item? I can ear the lawyers laughing already. In any case, you got your money back.

If you must vent your spleen, do it over something more important -- like why you were allowed online in the first place.
Reply to this comment
by mihal1 July 18, 2009 10:20 AM PDT
Dude, you stole my thunder! I agree, all Kindle users need to turn off the wireless permanently! Use the USB cable only for adding content. I don't think Amazon has the ability to screw around with your Kindle if the wireless is off.
by El_Segfaulto July 18, 2009 10:28 AM PDT
You are right, I do not own a Kindle and have no desire to purchase one, even before this. I have an e-book reader on my smartphone and that's good enough for me. But I digress. It's not the price that's the issue for most people, it's the audacity that Amazon didn't give any warning and simply used a "feature" that was hitherto unknown to the device owners.
by gggg sssss July 18, 2009 11:49 AM PDT
What a lame argument. First, where did it say that if you used your wireless then your content was at risk? Second, why shoudl one have to turn off a selling feature at all? You paid for it didnt you?

Consider the iPod. Should we not use wireless on the iPod for fear Apple will hack into it. No wait, Apple already does that by stealth to kill apps it no longer likes, and to kill entirely jailbroken devices with stealth OS upgrades.
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About Beyond Binary

During her years at CNET News, Ina Fried has changed beats several times, changed genders once, and covered both of the Pirates of Silicon Valley. These days, most of her attention is focused on Microsoft.


Beyond Binary is a look at how technology is changing our lives and the people behind all that life-changing stuff, with an extra emphasis on that which emanates from Redmond, Wash.

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