Amazon Uses DMCA To Restrict Ebook Purchases
InlawBiker writes "Today, Amazon invoked the DMCA to force removal of a python script and instructions from the mobileread web site. The script is used to identify the Kindle's internal ID number, which can be used to enable non-Amazon purchased books to work on the Kindle. '...this week we received a DMCA take-down notice from Amazon requesting the removal of the tool kindlepid.py and instructions for it. Although we never hosted this tool (contrary to their claim), nor believe that this tool is used to remove technological measures (contrary to their claim), we decided, due to the vagueness of the DMCA law and our intention to remain in good relation with Amazon, to voluntarily follow their request and remove links and detailed instructions related to it.' Ironically, the purpose of the script is to make the Kindle more useful to its users."
and so are you slashdot fags!
Grow up and quit name calling, we're not in kindlegarten anymore!
http://www.penny-arcade.com/comic/2009/3/9/
How dare anyone attempt to enable users to do as they please with Amazon's personal property! Kindles and all their associated contents are the intellectual property of Amazon in perpetuity and just because you paid money for one and are in personal possession of it, that does not entitle you to do with it as you please.
I mean, where would we be if people could do as they liked with the things they buy?
May the Maths Be with you!
It's not about the Kindle's usefullness to the user, it's about the Kindle's usefullnes to amazon. The Kindle is not where Amazon makes their money, it's on the sale of the ebooks-- if people are buying them from elsewhere, Amazon is not getting their profit, and in fact it may be costing them money-- the Kindle is essentially subsidised by their ebooks.
Link to the author's reverse engineering blog and script description:
Here.
Link to just the scripts Here.
Anonymous to avoid KarmaWhoring(TM)
Just because you run and hide from a pack of wolves doesn't mean you are a sheep. While you might wish them to martyr themselves for your principles, if they don't have the resources to fight, or if a win would not accomplish anything for anybody else, why shouldn't they act in their own best interests?
Sony's got to be kicking themselves, wondering where they went wrong. When they released a portable digital Walkman without native support for .MP3s, people just laughed at them.
Yet when Amazon releases a portable reader without native support for .PDFs, people trample their own mothers to get in line to buy one.
Can you imagine the derision people would have for Apple if you had to email your .MP3s to convert@apple.com to put them on your iPod or iPhone?
Code is here:
http://skochinsky.googlepages.com/azw-0.1.zip
Mirror:
http://rapidshare.com/files/76138900/azw-0.1.zip.html
Add your own!
"Speaking the Truth in times of universal deceit is a revolutionary act." -- George Orwell
Amazon isn't the only one that does this. Apple does this with their products. A lot of printing companies do this with ink cartridges. Car companies often control the supply of replacement parts. Secondary purchases are a huge economy everywhere. I don't like that use of the DMCA, though. Its implications really scare me. What if I modified my car then release the notes on a web page. Could the manufacture DMCA it down? Should this be an acceptable use of the DMCA? I think that DMCA notices should really come with a danger to misuse. If there isn't companies could DMCA their way out of webpages that attack their product. It would really make the company think about it be before it brought down it's huge club of injustice on an individual.
kindlefix.py
Leaving aside the issue of users' rights, as far as I can see Amazon is just plain wrong on the law and lacks legal justification for the takedown notice. What the DMCA prohibits is the distribution of tools for overcoming technical measures for protecting copyrighted materials. The first program generates a MOBI ID from a kindle serial number. The second program rewrites a non-Amazon ebook so that it contains the id that will allow it to work on the Kindle with the given serial number. Neither program modifies or copies the Kindle's software. Since the ebooks in question are not produced by Amazon, no material whose copyright belongs to Amazon is affected in any way. In other words, this software does not defeat any technical measure of Amazon's for protecting copyrighted material since Amazon has no copyrighted material at stake here. The DMCA is inapplicable, and the takedown notice invalid. Indeed, it is so clear that this software does nothing to defeat protection of copyrighted material that I would say that the takedown notice was issued in bad faith.
What this software actually does is allow for interoperability, which is explicitly protected by the DMCA.
There's already a perfectly good legal mechanism to amortize high up-front costs over a product's lifetime: it's called a lease. If a company wants to restrict how a product is used, the company and the customer can sign a lease agreement. Xerox very successfully used that business model for its early photocopies.
The problem we're seeing today is that companies want to have their cake and eat it too. They want customers to feel like they're making a purchase, but act like they're under the terms of a lease. That's fucking bullshit, and runs counter to personal property rights at the core of Western civilization.
In short, if you want to tell me how to use your widget, you'd better lease it to me. No way in hell should you be telling me how to use property I've purchased outright without signing any kind of contract with you.