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SHIFT: Is Big Brother living in your Kindle?

SHIFT: Is Big Brother living in your Kindle?

Talk about irony. In an Orwellian moment, owners of Amazon's Kindle discovered that their recently purchased copies of George Orwell's 1984 and Animal Farm had been deleted by Amazon. Apparently, a third-party retailer who specializes in selling public-domain books used Amazon's self-service platform to sell copies of two Orwell titles. Unfortunately, those books aren't public domain in the U.S.A. Oops.

Granted, the copies were unauthorized copies, but they were already sold. Yet Amazon seemed to be completely comfortable with reaching out and remotely deleting the copies on all those Kindles (the company later apologized for the deletions). It's kind of like they sneaked into your home and snatched it off your bookshelf. And it's not the only device out there vulnerable to this sort of "invasion." While everyone was busy celebrating the amazing cavalcade of gadgets that have emerged in the last few years, we failed to notice that the technology is firmly in place to enable third parties to come in and take away media that you own. Keep reading for the whole story.


Terms of Service

Amazon's own Terms of Service state that once an e-book is yours, it's yours:

Upon your payment of the applicable fees set by Amazon, Amazon grants you the non-exclusive right to keep a permanent copy of the applicable Digital Content and to view, use, and display such Digital Content an unlimited number of times, solely on the Device or as authorized by Amazon as part of the Service and solely for your personal, non-commercial use.

Despite that, customers discovered their copies of those books were gone. One poor kid even lost all the work he had done on a book report that he had started, using the Kindle to take notes.

However, even Amazon CEO Jeff Bezos thought the deletion was wrong. Very wrong. "This is an apology for the way we previously handled illegally sold copies of 1984 and other novels on Kindle. Our 'solution' to the problem was stupid, thoughtless, and painfully out of line with our principles. It is wholly self-inflicted, and we deserve the criticism we've received. We will use the scar tissue from this painful mistake to help make better decisions going forward, ones that match our mission."


What Shouldn't Happen

While even Bezos admits it was a stupid move, it does make you wonder what else Amazon (and others) does that is straight out of 1984. Isn't it creepy when Amazon posts their "Customers who looked at this also bought that" links? Do you really want it to remind you "You bought this, now you might want to buy that?" Who's had a birthday surprise, or a secret purchase revealed because of Amazon's meddling ways? (Come on, you know there was a purchase you were keeping from your girlfriend, right?) And when it's suggesting Tummy Tuck jeans to me, are they trying to tell me something? Information is gathered by many websites. Google ads are just one, but the banner ads on most website are targeted to directly to you. Maybe Amazon deleted 1984 because it already was hitting just a little too close to home.


Big Bro'

Besides the Big Brother moves, this mass deletion brings up a more disturbing question. With more and more of our life in a digital cloud, what do you really own when you buy software? Many people use cloud computing to store documents, files, and even purchased music, movies, and well, books. When you buy something with Digital Rights Management (DRM), what rights do you have to that property? What rights are you really conceding when you "purchase" something with DRM, and whose rights are being protected?

Certainly not the consumer's. Imagine this: you buy a love song that written for a singer's current flame. When that flame flickers out, the artist is so heartbroken, he wants to delete that song from everyone's library. It sounds far-fetched, but the technology exists. Even if you reformat the song to something DRM-free, software like Shazam has other ways of identifying music. TiVo used to let consumers record a pay-per-view movie from DirecTV and keep it for however long they want. Now, after paying the same amount, most DirecTV movies get automatically erased after 24 hours, whether or not you've actually viewed them.

In addition to that public apology by Bezos, Amazon has said that in the future, it will not automatically remove copies of a book from Kindle if a similar situation comes up in the future. But the remote delete key is still somewhere in a locked room in Amazon's basement. Will it really never be pushed again, under any circumstances? What would George say?

 
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(20) COMMENTS

eidolon:
Hmm well if it is public domain, why are people having to buy it anyways?...More »


Comments

By Anonymous at 6:54 PM ON 07/30/09

Once again, more evidence that digital media should gotten the old fashioned way. Piracy. Amazon can't delete books I've downloaded, and I can lend them to people.

By TearEmUp at 7:08 PM ON 07/30/09

Yeah, Big Brother is something to worry about. Too bad SciFi Wire has learned the opposite lesson from the book than the rest of us.

"But always— do not forget this, Winston— always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless."

By FSkornia at 7:10 PM ON 07/30/09

One thing that keeps getting missed in all of the bruhaha over this is that the two books were illegal copies. The publisher that posted them deals with public domain books, but both 1984 and Animal Farm are not in the public domain yet.

A good analogy would be if you went and bought a car and then find out that it was a stolen car that was sold illegally. They are going to take that car away from you, because it isn't yours. You may be able to get money back from the person who sold it to you (if they're not in jail waiting arraignment for grand theft auto).

In the amazon case, no one lost anything (except for the poor kid who lost his book report, and the only thing I can say is backup your work). Amazon refunded the money the people who bought the books paid, essentially resetting things to the way they were before the illegal volumes got posted.

By jay trini at 8:17 PM ON 07/30/09

I say Stick It To The Man.....Power to the Pirates...err..People. Give me liberty, and while you're at it give me free stuff...and pay me for the privilege of taking it off your hands.....you can vex with me after, no worries.

By cpt1nsano at 10:35 PM ON 07/30/09

Never mind the apology, publishing the method to remove the big brother abilities would be the correct thing to do.

By Mihos at 6:29 AM ON 07/31/09

I think a lot of this DRM stuff will come to a head at some point. How much control is too much control? Over the years, peoples investments in virtual products like e-books, music, and download only video games are reaching into thousands of dollars. A simple policy change or service going offline can completely screw you out of stuff you paid for. Maybe I am just old, but I still am not completely comfortable with not having a physical copy.

By EnOne at 9:19 AM ON 07/31/09

It's not that amazon was correcting a mistake. It's that there was a delete key existed in the first place that kindle users weren't told about, didn't approve of and had no say in the matter. This is like if a store incorrectly sells a book before it's release date, realizes it's mistake and then breaks into your home and removes the book from your nightstand. Leaving the 20 bucks it cost you to buy the book.

When I buy a product it should be mine, completely. To have, to hold, to keep, to alter, to lend to others.

I wonder when books on the Kindle will start being changed without the users knowledge for typos as well.

By Stan at 10:12 AM ON 07/31/09

Wow- this story is weeks old and you're just getting around to this?

By Instant_Armaggedon at 1:12 PM ON 07/31/09

cpt1nsano: you just turn off the wireless. Keep it off unless you're shopping. When you''ve finished reading your "banned" book, turn the wireless back on, let Amazon delete and refund your money. Then pat yourself on the back for reading a book for free and sticking it to the man.

By Al at 1:36 PM ON 07/31/09

The fact that the book was not supposed to be sold is not the issue. The issue is simply, nothing you buy is truly yours.

If at some point Kindle decides to close up shop and send a signal to delete every book you've ever purchased, they can do that and there is nothing you can do to stop them. That is on par with cyberterrorism and the idea of "thought police".

If you want to read or learn something and go so far as to purchase what you want, is it truly yours to keep or have you shelled out money for nothing?

By Sam at 1:55 PM ON 07/31/09

Hey, once Obama has appointed the behavior czar then all our thoughts can be controlled and SyFy can stop erasing our posts because every form of media will be in our dictator's hands. (Hmmm.... Maybe that means job security for SyFy)

Wow, freedom was a nice idea but I guess we can try dictators

By saris at 1:22 PM ON 08/02/09

FSkornia, an ebook and a car are two different matters entirely. When a car get sold legally, it is generally stolen, or considered stolen. A car has a title. Besides, they still don't break into your garage and take the car back.

a better analogy would be the case when a bookstore sells a book before it's specified release date (which happened to one or more of the Harry Potter books I believe). The bookstore, nor the publisher, breaks into your house and takes the book back. Generally, the bookstore would be sued by the publisher for breaking the contract.

The real issue is that Amazon has a way to delete items from a kindle without the purchaser's knowledge or consent. They also violated their own terms of service. What should have happened is they should have left the Kindles alone, and the individual who made the ebooks available for sale should be sued.

Time to rethink buying any device that allows third party access to the contents it stores. Don't buy devices that do so, or at least wait until a hacker has "fixed" the problem.

Amazon should be sued

By saris at 1:27 PM ON 08/02/09

oops, that should be

When a car get sold illegally...

By Ondego at 9:24 PM ON 08/04/09

It's reasons like this that keep pirates freely copying everything. Not just price raping. And just today I had the same conversation about privacy & Big Brother in the digital cloud. This is why I choose my hardwares & softwares very carefully, make backups, & use encryption. And the problem is too many people are becoming complacent with their rights being slowly eaten away. For F*&! sakes, the Patriot Act is still alive, well, & renewed only 1-2 yrs ago! On that point, F*&! AT&T, the other carriers & US gov't for their privacy invasion. & yes, the email required for this post is an anon/spam acct b/c there's no valid rason to require it. If Dvice is concerned about comments, then moderate or auto-filter. Feh. I end my ranting here & bid you all a goodnight

By Ondego at 9:25 PM ON 08/04/09

It's reasons like this that keep pirates freely copying everything. Not just price raping. And just today I had the same conversation about privacy & Big Brother in the digital cloud. This is why I choose my hardwares & softwares very carefully, make backups, & use encryption. And the problem is too many people are becoming complacent with their rights being slowly eaten away. For F*&! sakes, the Patriot Act is still alive, well, & renewed only 1-2 yrs ago! On that point, F*&! AT&T, the other carriers & US gov't for their privacy invasion. & yes, the email required for this post is an anon/spam acct b/c there's no valid rason to require it. If Dvice is concerned about comments, then moderate or auto-filter. Feh. I end my ranting here & bid you all a goodnight

By Riggarob at 11:44 AM ON 08/06/09

I've preached about Big Bro for years to my kids. They told me they didn't want to hear about it anymore. I'm 60, they're 30ish. Young people just don't GAS about their rights at all. I feel sorry for kids today, the "Patriot Act" has just about killed all of the fun in this once great country ! BTW, I'm a USMC combat vet, and this type of thing hurts me deeply.

By necrosage2005 at 9:51 PM ON 08/06/09

That is what happens when you buy these kinds of things! Give me a good, old fashioned book any day. Syfy(lus) needs to STOP advertizing for this idiotic thing.

By Billbo1970 at 1:13 PM ON 08/07/09

Riggarob:

I'm younger than you, but I still know what you are saying. Young americans don't protect their rights or even care about them anymore. We will never see the demonstrations like what went down in the 60's. The people vote for their puppets & then just pull the wool over their own eyes nowadays.

I would much rather read a physical book than download one anyway. Not to mention you are paying a huge premium for this 'privilege'. It takes me a millisecond to flip open my book where it's bookmarked.

How many books do you need to buy even to hit the break-even point? Before you answer that.... take into account the many book clubs out there, the Walmarts, and even the used copies on e-bay... I doubt you will every truly recoup the costs of the device.

What about that awesome 'old book smell' that you get up in your attic? You'll never get that from a kindle either.

One final point... what happens if/when we have a major global power problem? Internet goes down, an EMP blows out your data... I'll still have all MY books to read by the firelight... will you?

By Chiller at 6:05 PM ON 08/07/09

Digital books are not the problem. The problem is with the devices and thinking that when you buy legally you are completely safe. That's why I download any book from p2p nets and keep it safe in my PC, reading them in any windows mobile device, or palm, or iphone, you name it. They can reach our books there.

By eidolon at 10:38 PM ON 08/07/09

Hmm well if it is public domain, why are people having to buy it anyways?


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