A 17-year-old from Michigan has filed a lawsuit against e-commerce powerhouse Amazon after it deleted a book he had purchased for his Kindle device.
The high school student, Justin D. Gawronski, filed suit in a Seattle court along with California resident Antoine J. Bruguier, and they are seeking class action status.
Amazon forcibly (and ironically) recalled copies of George Orwell's "1984" and "Animal Farm" earlier this month after it was revealed that they were unauthorized. Justin Gawronski's complaint alleges that he was reading "1984" as summer reading for an advanced-placement class and had to turn in "reflections" on each hundred pages. With the loss of the digital book, Gawronski claims his page count was thrown off and his notes were "rendered useless because they no longer referenced the relevant parts of the book."
Amazon has declined to comment on the lawsuit, which appears was first reported late Thursday by The Wall Street Journal's Digits blog.
While buyers received refunds for the recalled copies of the Orwell books, the fact that no advance notice was given threw many customers off and created an uproar against Amazon. The lawsuit, for one, alleges that Amazon did not make it clear enough to customers that remote book deletions were a possibility. It also alleges, as do critics, that the company violated its own terms of use.
"The power to delete your books, movies, and music remotely is a power no one should have," the lawsuit quoted Slate's Farhad Manjoo as saying in an opinion piece following the book deletions.
Amazon founder Jeff Bezos put out a public apology shortly after the fiasco unfolded, but it's not clear how the company's policies will (or won't) change in the future.
(Credit:
Doubleday)
This one sure snuck up on us: "The Accidental Billionaires," author Ben Mezrich's presumably tawdry take on Facebook's origins, is hitting bookshelves on July 14.
Last we'd heard, it was getting released this fall.
You probably know the plot by now: Facebook founder Mark Zuckerberg, along with Harvard classmate Eduardo Saverin ( a co-founder who is no longer affiliated with Facebook and has had some legal beef with Zuckerberg over the years) allegedly started the site to meet women. In due time, they got rich and out of control. Or at least that's how Mezrich, famed for his tales of wild, young success at elite universities, writes it. A leaked book proposal last year showed some signs of inaccuracies.
A columnist at The Daily Beast has already named it one of her "13 Hottest Summer Reads." And actor Kevin Spacey, who produced and starred in "21," the film adaptation of Mezrich's book "Bringing Down The House," wrote a blurb for Amazon.com about it.
"'The Accidental Billionaires' is the perfect pairing of author and subject," Spacey summarized. "It's pure summer fun--a juicy, fast-paced, unputdownable Mezrich tale that adds to his canon of lad lit."
I'm taking "lad lit" to mean "chick lit for dudes." And it sure looks like a salacious read: the description on the cover reads "The Founding of Facebook, A Tale of Sex, Money, Genius, and Betrayal." The artwork features two martini glasses--one full, with olives, the other partially smashed with a Harvard-logo cocktail stirrer lying beside it--and a red, lacy brassiere.
Apparently, it'll all get even juicier soon. Facebook reportedly isn't too pleased about the book's debut, and Hollywood veteran Aaron Sorkin has been tapped to handle the film adaptation.
UPDATE (10:36 a.m. PT): This probably goes without saying, but Facebook representatives have declined comment on the topic of "The Accidental Billionaires."
Leaked photos of the alleged 'Kindle DX' device from Amazon.
(Credit: Engadget)Newspapers hoping the next version of Amazon.com's Kindle e-reader will be a savior for their beleaguered businesses are likely to be disappointed when it's unveiled Wednesday. But this Kindle could win plenty of converts in academia.
Amazon is slated to unveil a new, larger-screen version of the Kindle, which it originally launched late in 2007. Possibly called the Kindle DX, the new device is designed for reading newspapers, magazines, and textbooks, and it's expected to be part of new electronic course material test-runs at six universities this fall. The list, according to The Wall Street Journal, consists of Pace University (where Amazon is holding Wednesday's press conference), Case Western Reserve, Reed College, Arizona State University, the Darden School at the University of Virginia, and Princeton University--Amazon founder Jeff Bezos' alma mater, which already publishes Kindle textbooks.
This move makes loads of sense. Anyone who's been to a U.S. college in the past few decades could tell you that textbooks are very highly--some would say obscenely--priced. They're also bulky, and often difficult to get rid of once purchased: Selling the third edition of an introductory biology textbook on the used-book market is pretty difficult when the fourth edition comes out a year later. Theoretically, this should be the perfect market for an electronic reader like the Kindle.
But just because Amazon has inked a few deals with textbook companies, and a handful of prominent academic institutions, doesn't mean that hordes of incoming freshmen across the U.S. will be moving into dorms this fall with Kindles in hand.
"I do think the textbook market will be the killer app for e-readers," said Sarah Epps, a media analyst at Forrester Research. "(But) we think it's going to start to develop in 2011 and really pick up in 2013...We've been talking to publishers, talking to universities, and what we're seeing is that from the publisher perspective there's some hesitation."
Why's this? There are a lot of questions for the publishing industry, the biggest of which is whether electronic textbooks will take a bite out of the profits that manufacturers are making from paper textbooks. There's also the potential issue of licensed content in textbooks that might not have digital rights stipulated in its original agreement with the publishers. Then, as Epps pointed out, there's the Google problem.
For the past few years, Google has been pushing forward a book scanning and digitization project called Google Book Search, and though it has some prominent allies in the industry, to say that Google Book Search has been controversial would be putting it lightly. The Association of American Publishers sued the search giant in 2005 over potential copyright violations. Authors and publishers of out-of-print books have petitioned for royalties from digitized books. More recently, library industry trade groups have expressed concern in the form of a legal filing over what Google's efforts could mean for their business. An agreement in court has been delayed.
For Amazon, this could mean that it'll have to deal with some publishers who have become quite suspicious of large-scale digital book projects. But on the flip side, this could work to the Seattle-based retailer's advantage: if the digital shift is as inevitable as it appears, and Google is to be the Silicon Valley villain in this story, then Amazon, which has been in the book business for nearly two decades, could be the friendlier alternative.
There's also the potential for the new Kindle, whatever it's called, to have a significant impact outside the U.S. Forrester analyst Epps speculates that it will make waves in developing markets like China and India, where there are millions of university students with tight textbook budgets. "Using e-readers for textbooks would be incredibly empowering for students in their universities," Epps said, "but that's going to take some time."
It's clear that Amazon could shake up the twin pillars of educational publishing and academia with its new Kindle, potentially a much bigger splash than the launch of the original Kindle or its improved Kindle 2 successor earlier this year. What's less clear is how immediate the change will be. And what's even less clear is what impact the new, bigger Kindle will have on the market that everyone was expecting Amazon would target: print periodicals.
Rumor has it that The New York Times will be part of Wednesday's Kindle announcement, possibly lowering its price for a Kindle subscription. But this doesn't mean that Amazon's skinny gadget will suddenly save print media: Newspaper and magazine publishers may think they still get the short end of the stick.
"The way things work now, newspapers and magazines can distribute their content over the Kindle if they want, but it's not a very good model for them. Amazon is keeping the majority of the revenue," Epps said. "In addition, there are some business problems, like that publishers can't count subscribers toward their rate base, so it's diluting rather than adding to their subscription base from the perspective of the business."
But while Amazon has the textbook market in focus, it shouldn't let newspapers and magazines get away from it: this is somewhere that the manufacturer of a rival e-reader could sneak in.
"Some of the other device competitors that will be coming to the market over the next year may be more appealing partners for newspaper publishers," Epps said. "It's another distribution channel for their content, but not all distribution channels are created equal. So there could be a great opportunity for publishers to distribute their content on other types of e-readers, where they have a more favorable business model."
Update at 5:30 p.m. PST: Quotes added from copyright advocate Ben Sheffner.
Was your mother a lawbreaker when she read you The Little Prince or Green Eggs and Ham?
That's the question raised Tuesday by the Authors Guild, an advocacy group for writers. Paul Aitken, the group's executive director objects to the text-to-speech feature on Amazon's Kindle 2 digital-book reader. Aitken told The Wall Street Journal: "They don't have the right to read a book out loud. That's an audio right, which is derivative under copyright law."
Wow. If a computer can't lawfully read a book out loud, do human beings have the right? Amazon and Aitken could not be reached for comment.
Well, mothers of America, never fear. You most certainly do have the right to privately perform copyright work, says Ben Sheffner, a copyright attorney. Sheffner, a well-known copyright advocate, says the issue of whether Amazon's Kindle infringes on intellectual property is not as cut and dry.
Amazon's technology enables a computer voice to read text aloud to owners of the Kindle 2, the next-gen version of reader.
Sheffner said it's unclear whether the text-to-speech feature could be considered a public performance. Under copyright law, if someone profits from, say, a public reading of a copyright work without authorization, they are breaking the law. Someone could argue, said Sheffner, that the Kindle's speech feature is a public performance because it enables scores of people to receive audio of a book. Sheffner added that the counter argument would be that the feature is only enabling lots of different private--and therefore legal--performances.
Jonathan Zittrain, a professor at Harvard Law School, said he doesn't see how the speech feature violates copyright law if no recorded copy of the book is created. Book publishers often license audio books separately than the text versions.
"The only right really that might be implicated is the so-called public performance," Zittrain said. "But what I want the thing to do is to read to me in the car. I don't see a copy being made so I don't see how this can be Amazon's problem."
The debate could be academic. If the book publishers don't like the feature, they can refuse to renew their licenses with Amazon in the future. And my colleague Ina Fried raised another point. Why would Kindle owners choose a computer voice when they can hear a recording of the author or a professional actor reading the book?
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