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Amazon does not ban 1984

Facts get in the way of a good story
Monday, 20 July 2009, 10:22

THE US PRESS thought it had a really good bit of irony on its hands after Amazon moved to delete 1984 and Animal Farm from its database of books.

Copies of the two George Orwell novels were sold to Kindle owners on behalf of an independent publisher.

Most of the world's press were furious. After all, is not 1984 all about free speech? Who is this Amazon which can digitally burn books?

However according to Cnet, if anyone had done the slightest research they would have discovered that the books had been published illegally. 1984 is still under copyright protection in the US and therefore can't be printed by anyone, although it is public domain in Canada, Australia, and other countries.

The listing for the illegal copy of 1984 is still present on Amazon, but it can no longer be purchased. The page for Animal Farm from the same publisher still appears in Google's listings, but is no longer available on Amazon, although another pirated copy is still listed but also not purchasable.

CNET said that when Amazon had discovered the unauthorised sales it did the right thing. It reversed them, deleted them from users' Kindles and refunded them the cash.

What it did wrong however was fail to explain the situation to users and the fact that it could delete books remotely without a user being aware of it.

However now it seems that Amazon has seen the error of its ways and will no longer remotely delete books. What it will do about rogue publications on Kindle, it did not say. µ

 

 

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Comments
Remotely?

What is with the use of 'Remotely Delete'... either they (Amazon) delete a book from their own system (which is just Deleting) or they 'Remotely Delete' by.. well someone deleting the book through Amazon using their Iphone...

The phrase 'Remotely Delete' is just so strange!

posted by : Mike, 20 July 2009 Complain about this comment
Speaking of facts

"When Amazon had discovered the unauthorised sales it did the right thing. It reversed them, deleted them from users' Kindles and refunded them the cash."

Why is this "the right thing?" It's not what US copyright law says that they're required to do; it doesn't unring the bell of the original infringement or reduce AMZN's liability in respect of the Blair estate.

"Amazon has seen the error of its ways and will no longer remotely delete books."

That's not what they said. They said they wouldn't delete books *in cases like this*. They continue to reserve the right to arbitrary remove paid-for content from your Kindle for other reasons.

We can imagine what those reasons might be: say you bought something that was lawful in the US for your Kindle but unlawful in the UK (because of a libel claim perhaps) -- they might delete your content based on where your credit-card is billed. Or they may delete your library because you move to a jurisdiction where a different publisher has rights, whether or not those books are available for the Kindle in your new location (my books are published by Tor in the US and HarperCollins in the UK, and many books have ebook editions in the US but not the UK or vice-versa).

They might delete your books because you terminate your Amazon account, or because they believe you've committed fraud or because you looked at them cross-eyed. As we novelists say, "A gun on the mantelpiece in the first act must go off in the third act."

posted by : Cory Doctorow, 20 July 2009 Complain about this comment
Killswitch...

Mike,

The Kindle communicates through Sprint's wireless network. The Kindle also has remote killswitches to books purchased through Amazon.

If the radio is on, and the Kindle is in range, and the book is marked as "delete me," it will be removed.

Note: I do not own a Kindle.

posted by : lolwut, 20 July 2009 Complain about this comment
Remote delete

If I download something to a computer there is no way it can be deleted remotely. If this electronic book allows such a practice then I am pleased I did not get one.
As a test I just search for 1984, found, and downloaded a PDF copy of it for free. It seems most books can be found on line for free whether it be legal or not.

posted by : Allan, 20 July 2009 Complain about this comment
"Right thing"

The fact that Amazon has the power to do the "right thing" shows what digital "buying" means: non-transferable rental that can be revoked without user's approval. That is Big Brother, whether right or not.

posted by : Goran, 20 July 2009 Complain about this comment
Banning?

I've not read anything about Amazon banning 1984 (perhaps I use more reliable sources), the fuss was about Amazon remotely deleting books, amongst them 1984. It's the equivalent of HMV rifling through your cassette collection and deleting those you'd copied from friends or the radio - only Steve Jobs has that kind of power.

posted by : BritSwedeGuy, 20 July 2009 Complain about this comment
Bunk

"After all, is not 1984 all about free speech?"

Uh, no. Crudely, very crudely, it's about the use of central control of History as a tool of social control, and the relationship between memory and identity.

Making the no-longer-officially-allowed-to-exist piece of ersatz paper disappear into the shredding slot above the desk is is about as ironic as it gets in this context.

Now, what else can Amazon do with these devices? Can they air-brush inconvenient people out of photographs in my books? (I could have sworn Commissar Yezhov was there beside Stalin on my Kindle. Damn! I must be losing my memory.) Or "correct" a libel? (Will my copy of Advertising in the 21st Century suddenly deny that Apple computers were ever more expensive than competing products after the lawsuit?)

Writing is about memory, and the Amazon product is about forgetting. Worth remembering.

posted by : Jeff, 20 July 2009 Complain about this comment
Project Gutenberg

Luckily for those of us in those parts of the world with slightly more sensible copyright regimes than the USA, 1984 is available for $FREE (i.e. $0.00 or $NIL) from Project Gutenberg Australia.

posted by : DaiKiwi, 20 July 2009 Complain about this comment
Ha ha!

Love the way these pro-DRM bigots say the anti-DRM people are all a bunch of whiny-ass pirates who are only complaining because they cant get their free music.

Then the DRM *does its job* - which is to control access to protected material (eg by deleting it) - and then the boot is suddenly on the other foot and "they shouldnt do that if youve paid for it, Waa! Waa!".

The real irony, IMO, is with Animal Farm. You know, the revolution and that? I wonder if that could be a metaphor for something? The internet, maybe? And the people you thought were your friends who turn out not to be? Does that remind anyone of anybody? No? Never mind.

These are little men who will never stand on the shoulders of giants because theyre too busy trying to stamp on each others fingers.

History is a bunk on which I am trying to awaken.

et cetera

posted by : Anonymous Coward, 20 July 2009 Complain about this comment
Wrong dystopian future

I believe the book you mean is Fahrenheit 451, which is about books and firemen wielding flamethrowers.

posted by : deject, 20 July 2009 Complain about this comment
Strawman

This is the after-the-fact strawman being pushed by Amazon.

The fuss was never about 1984 being "banned" and I never saw anybody suggesting such a thing. The fuss was about Amazon remotely deleting somthing that users had already paid for and which was resident on their own devices (also, apparently, deleting users' own annotations that might have existed).

Whether this was the result of the publisher, using Amazon's retail system, not having appropriate rights to the work is irrelevant; any such dispute was between Amazon and the publisher, and didn't involve the users who paid Amazon for the work in good faith.

There is no way that Amazon can be considered to have done the "right thing" here, and apparently they know it. Why else would they have promised not to do it again?

posted by : Brain Hertz, 20 July 2009 Complain about this comment
Note Problems

If it is public domain elswere then it can be printed elsewhere.

In the UK, Amazon's delete action may well be a criminal offence. Unauthorised changes to data etc. come under the scope of our Computer Misuse law. It does not just apply to PCs. Five years or a nasty fine or both is a possibility.

posted by : F. Bolg, 20 July 2009 Complain about this comment
So then...

You decided to write an article to spread your opinion that they aren't acting like the dictators from 1984 because, as you argue, they were in their legal right to do so.

In the book 1984 the laws were also written so that everything Big Brother did was legal.

posted by : Pheh Phelson, 20 July 2009 Complain about this comment
This is not the right thing...

So if I go into a bookstore, buy a book that later turns out to have been sold incorrectly, you tihnk it's "the right thing" for a representative of the company to come around to my house, break in, STEAL THE BOOK I PAID FOR BACK, as long as they leave a cheque on the table and a note explainng why they broke into my house?

As soon as you make the direct physical analogy you can see how staggeringly wrong this behaviour was...

posted by : a_m_b, 21 July 2009 Complain about this comment
Re: Note Problems

This can't fall under the UK law's purview since the Kindle and its content is not sold in the UK.

posted by : Mike, 21 July 2009 Complain about this comment
Stupid borders

What if I had a Kindle and I wasn't in the US at the time? Would it still be deleted? If so, I would expect some compensation -- not just a refund.

It's moot anyway -- no way I'm buying one of them.

posted by : Rich, 21 July 2009 Complain about this comment
The book is not the issue

The killswitch is the problem, NOT that the book was sold without approval of the copyright holder.
The killswitch means they could delete whatever they want, if it is deemed somehow "inappropriate" by whatever powers that be.
That's actually more like "Fahrenheit 451", not like "1984".

posted by : Joe, 21 July 2009 Complain about this comment
I'll never buy a Kindle now

Not that I was interested before, but learning that Remote Delete has been implemented is a real black mark for me.
I don't care what is technically possible - if it is my property, then nobody has the right to change anything without my permission first. Intellectual property stops where my property starts - and once I've paid for it, it is mine.

posted by : Pascal Monett, 24 July 2009 Complain about this comment
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