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The problem with the Kindle

July 18th, 2009 Posted in Rants

I love Amazon. And I love my Kindle.

But I’ve been waiting for this particular shoe to drop:

This morning, hundreds of Amazon Kindle owners awoke to discover that books by a certain famous author had mysteriously disappeared from their e-book readers. These were books that they had bought and paid for—thought they owned.

But no, apparently the publisher changed its mind about offering an electronic edition, and apparently Amazon, whose business lives and dies by publisher happiness, caved. It electronically deleted all books by this author from people’s Kindles and credited their accounts for the price.

It was bound to happen, and how appropriate that it was this particular author.

This is where you really see the value in the open source mindset, and privacy geeks who’ve been screaming about placing too much power in Amazon’s hands by not demanding their content be handled in a more buyer-centric way.

Personally, this really bothers me. When I purchase content legally through a valid channel, I find it inexcusable for a vendor to remotely pull that purchase out of my device. Restricting further purchases? Fine. No problem. But to take back the goods of a sale simply because a publisher changed their minds is flat out unacceptable. Imagine Nike sneaking in your closet at night and swiping those $150 shoes you bought because they decided the design wasn’t worthy the Nike brand name?

How is this any different?

UPDATE: In the comments, Patrick wants to clarify that this isn’t theft because Amazon grabbed their content back without permission, but also issued a refund. I suppose he’s right in a broad sense. After all, the terms we agree in purchasing both the Kindle and the Kindle books grants Amazon permission to conduct such Orwellian (ha ha ha) activities. But I would also say that just because a refund is given, doesn’t get Amazon off the hook from inappropriate action. If I broke into someone’s house and swiped some of their property but left enough money for them to replace it on the counter, it doesn’t mean that the theft is acceptable.

Perhaps the core issue here is the exception we have in this new digitally based world of what is “our property” and what usage of “our property” the providers grant us. In the long term, I can’t see consumers (or consumer protection mechanisms and groups) allowing this behavior to continue. So the real issue, perhaps, is how long we, as consumers, are willing to accept this type of ridiculous relationship between the content providers who sell us goods.

UPDATE 2: Patrick points out that Amazon is trying to recover from this story.

Amazon on Thursday began e-mailing a few hundred owners of its Kindle reading device to explain that it had deleted electronic copies of the George Orwell’s “Animal Farm” and “1984″ and had refunded the $0.99 purchase price.

[...]

The incident, he said, highlighted the gap in understanding about rights in the digital world and the real world. “There’s an enormous difference between buying a book and buying a tethered media device. And this incident really underscores that fact. Consumers carry with them analog expectations.”

Bingo.

UPDATE 3: Amazon issue a statement about this:

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…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….We are changing our systems so that in the future we will not remove books from customers’ devices in these circumstances.

UPDATE 4: The Wall Street Journal has written an article on this too.


  • Hey Jake,

    Just read your updates. Happy I could add something. I would say I agree with your first update, for the most part - if the publisher had actually uploaded the content. But, they didn't. The rights holder did not make this copy available on Amazon.com, when it is their right to determine how the work is distributed. Because someone made the books available, who had no right to, Amazon.com had no right to sell them and, as such, the consumer had no right to buy them. It would be like, for example, if a random person submitted my book to Amazon.com and started selling it to Kindle users.

    If you buy merchandise that, at best, the seller wasn't authorized to sell, even from a reputable retailer, it is not unrealistic to think that you might have to give it back, whether that retailer is physical or digital.

    As far as how long consumers put up with it... I think consumers have to be understanding. One could argue that Amazon.com should have done a better job validating this work and maybe that is true, but that solution on the whole does not scale. Amazon.com cannot validate submitted works against popular literature as that list is limitless - Amazon.com cannot validate submitted works against less than popular literature because that list is even longer. Perhaps they could validate submitted works against the top X best selling books of all time, but you have to see where that has it's limits.

    The Kindle has provided a great thing in many forms and has made a lot of great strides. But, you also must accept that people will try to take advantage of it for their gain in a way that Amazon.com will be unable to protect. It's similar to an online forums scenario where we can moderate our very best, but posts still make it in there that violate someone's rights, perhaps. Yes there are bad posts on good forums, but does that invalidate forums? Does that make the staff at the site bad?

    At any rate, in the linked article, Amazon.com did say that: "We are changing our systems so that in the future we will not remove books from customers' devices in these circumstances." Keep in mind this is no small feat and I will be interested to see if they can actually negotiate that. Someone uploads an unauthorized copy, you buy it, they'll let you keep it and somehow, presumably, get the money to the rights holder, even if they didn't want the book distributed digitally? Wow. I'm wondering how they'll pull that off. Amazon.com's ability to open publishers up a bit like this should be applauded just as much as this misstep - the greatest misstep here may have been in communication.

    Just my thoughts.

    Thanks,

    Patrick
  • stmiles85
    There was also one more element to this story. The publishers who originally gave Amazon.com permission to offer the book electronically did not have the rights to the book. When the group that actually holds the publishing rights notified Amazon.com, they pulled the book off Kindles.

    Now, Amazon could have done a better job letting customers know. Perhaps a courtesy e-mail? Or giving customers the chance to swap the book for another title? At least they gave people their money back. I just think they should handle this is a different way next time this happens.
  • Just saw this, stmiles85: http://www.informationweek.com/news/personal_te...

    In this case, I agree with Amazon.com's course of action. Not necessarily every aspect, because I don't know all of the story of how they communicated, etc. But, buying something illegally doesn't entitle you to it.
  • The difference is that Amazon.com gave them their money back. I think it's important to make the distinction between this and theft/swiping, because it isn't the same thing. "Amazon steals" is not a fire I want to stoke because it devalues actual theft.

    With all of that said, I don't like it, either. Of course, we have to note here that there is more than just Amazon.com that is a party to this, but the publishers and representative bodies, as well. Amazon.com has done great things with the Kindle, things it doesn't always get credit for, and I hope that they'll be able to negotiate with publishers to protect the integrity of a legitimate sale.

    Patrick
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