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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Amazon ToS | 354 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Amazon ToS
Authored by: Anonymous on Monday, October 22 2012 @ 05:52 PM EDT
There's information still missing here, we're not hearing the whole
story from the customer or Amazon:
http://www.bekkelund.net/2012/10/22/outlawed-by-amazon-drm/

Additionally the Terms of Service at amazon.co.uk and
amazon.com do vary in where some details are published.

> "Content Provider" means the party offering Kindle Content
> in the Kindle Store, which may be us or a third party;
ie. don't blame us

> The Content Provider may include additional terms
> for use within its Kindle Content.
ie. the old steamship publishers' cartel is alive and well

> Risk of loss for Kindle Content transfers when you download
> or access the Kindle Content.
ie. We are not responsible for floods, tempests, fire, vermin,
mildew, Acts of God, or you dropping your Kindle in the bathroom.

> We may modify, suspend, or discontinue the Service,
> in whole or in part, at any time.
ie. std.disclaimer applies

> Your rights under this Agreement will automatically terminate
> if you fail to comply with any term of this Agreement.
Which is where the unfortunate customer Linn may be found.
If only we knew where may be found the term of the agreement
that was failed to be complied with, amongst the eleven
supplementary agreements for the subsidiary services
available with the Kindle.

[ Reply to This | Parent | # ]

Read books, not data.
Authored by: Mikkel on Monday, October 22 2012 @ 08:18 PM EDT
If you are concerned about these things (or many other things), you shouldn't buy e-books. Indeed, you should probably stick with paper. There is no digital medium that has lasted longer than high-quality paper and ink stored under proper environmental conditions. These paper-and-ink copies can be read by nothing more than one's eyeballs.

E-books are easy to back up - you do not need Amazon to do it. For that matter, you do not need to buy your e-books from Amazon in order to read them on a Kindle, or using Kindle software on other devices.

Using an e-book reader has several advantages over paper. For one, e-books take up a lot less room. Very handy if you are going on a trip. And the environment I do most of my reading in is not what I would consider proper environmental conditions to promote long book life. I tend to read while waiting for a doctor's appointment, while my truck is being worked on, as well, as in my recliner, or in bed.

A further advantage of e-books is that you can read books by new authors that probably would not have been published in dead tree version. I have found some great books from unknown authors in Amazon's $0.99 sections. They may be lacking in polish, but they are good books. In several cases, the author used the proceeds from the first sales to have the book professionally proofread, resulting in a much more polished book.

On the other hand, any digital medium will eventually have to be both refreshed and migrated to remain current. (Can you still read 8" floppy diskettes? Do you still have the hardware and software to download data over a 110 baud telephone modem?)

Yes, I can handle those media. I can also handle paper tape, but I can no longer handle punch cards - the reader broke, and I have not repaired it. I do not have much call for reading them any more.

And refreshing and/or migrating data that wasn't created by you raises copyright issues in a way that storing and preserving a book does not.

No really. You are allowed to backup and restore digital media that you own. You are still buying a copy of a book when you buy it in digital form. Unlike movies and music, where you are just licensing it.

Not only that, it uses up energy (even just reading digital media uses up energy) and wasting energy doesn't help the environment.
It would be interesting to calculate how many time you could read an e-book before you matched the energy that is used in making the paper for a printed book. Then you have the energy used to make the ink. And I could probably read e-books the rest of my life before I used up the energy that goes into printing a paper book.

Oh yes - do you turn on the lights to read your book? My Android tablet provides its own light. And I have a solar charger for it as well.

[ Reply to This | Parent | # ]

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