Kindle Users!!! let me your..... kindle?
sixpackshaker said:
There is no big deal here. The book was ill gotten gains, and all the users received full refunds.
It's closer to a manufacturer in China making duplicate iPhones (exact duplicates, software, hardware, the whole nine yards) and sneaking them into the US and selling them.
Apple has the right to seize all UNSOLD inventory, and it has the right to sue the manufacturer, shipper, seller, etc.
But, in the US, they DO NOT HAVE THE RIGHT TO RECOVER SOLD iPhones, illegitimate though they may be, from consumers who purchased them. They have the right to deny them service, warranty, etc, and they could offer a 'trade in' program and charge the costs to the original infringer, but if someone doesn't want to give up their fake iPhone, they are under no legal obligation to do so, and Apple does not have the right to force them to do so.
It's NOT like the police recovering stolen and sold property - there is no original owner that wants the stolen property back. These are fakes, duplicates, etc, but they fall under a completely different law than 'stolen' property - they are infringing products, and follow the rules of copyright (and in the case of iPhone patent, trademark) law.
The same thing happened each time a new Harry Potter book came out. It was copied and resold cheaply. They can recover unsold inventory, get the money from the people who originally sold the bad merchandise, but they can't search the receipts and force each person that bought one to give it up.
So yes, this is a BIG problem, and Amazon was not only stupid, but they did the wrong thing.
However, depending on their user terms of service, licensing, etc, they may have been within their rights to do so, although certain rights of US citizens cannot be taken away even if they sign a form giving them up.
This case will set the stage for future cases, and it's a big deal because the world is becoming increasingly networked. It has very wide ranging implications, from GPS navigation systems to pacemakers, cell phones to security systems.
-Adam