A blog post by media commentator Martin Bekkelund has gained a considerable amount of attention today. It highlights the plight of Linn, one of Bekkelund’s friends, who has had her Amazon account closed, any open orders cancelled and most worryingly of all, her Kindle e-reader wiped. All without any reasonable explanation.
According to the post, Linn discovered these problems for herself, and when she turned to Amazon for assistance — believing it to be a mistake — was told her account was found to be “directly related to another which has been previously closed for abuse in our policies.”
Several back-and-forth email conversations between Linn and an Amazon Executive Customer Relations representative follow, where her requests for more information are ignored, and she’s told that the account closure is not only permanent, but also that Amazon will be watching and will close down any other related accounts too.
The conversation closes with the Amazon representative saying “we wish you luck in locating a retailer better able to meet your needs and will not be able to offer any additional insight or action on these matters.”
Amazon has washed its hands of Linn, while she has an empty Kindle, no Amazon account, nothing to show for the money she has paid and — according to the report — no idea why any of this has happened.
Wiped Kindle
Leaving aside Linn’s problems for a moment, many of you reading this may also own a packed Kindle, and are wondering whether Amazon has the right to delete content you paid for on a device you own. Sadly, the answer is probably yes.
It all comes down the Digital Rights Management, or DRM, a system that as Bekkelund points out means you’re really renting books (and also other digital content such as music and film) “for as long as the retailer finds it convenient.” Amazon in turn uses the Digital Millennium Copyright Act, or DMCA, to take your books and privileges away if it finds you’ve been naughty.
As usual, a quick skip through the terms of service reveals some choice phrases. Here, under Kindle Content in Amazon’s Kindle Store Terms of Use, it clearly states that “Kindle content is licensed, not sold” and that other than reading the content, you can’t do much else with it, including transferring it to another device or removing the “security features” contained within.
Should you break these and other rules, Amazon “may immediately revoke your access to the Kindle Store and the Kindle Content without refund of any fees.” This is repeated almost verbatim under the Terms of Use for the Kindle hardware too.
Account closures and deleted books
In Linn’s case, Amazon talks of an associated account breaking the rules, rather than Linn herself. Her situation isn’t unique either, as this post on MobileRead.com’s forums proves. It also provides an insight into what could prompt an account to be flagged as suspicious — in this case a series of faulty Kindles and two accounts — and also, later, that Amazon does reinstate accounts when a mistake has been made. Some further research shows many banned Amazon accounts originate with problems from selling items in the Marketplace, and that the practice has been going on for some time.
We’ve seen Amazon delete previously purchased (rented?) books from the Kindle before too, and this situation shows the company has considerable power over your device even after sale. The most notable situation came when the company deleted copies of George Orwell’s Animal Farm and, ironically, 1984 from the Kindle Store and Kindle e-readers back in 2009. This happened again in late 2010, when more dubious titles were removed too.
Nobodies friend, DRM
It’s worth pointing out that while Amazon could be more forthcoming about what caused the closure of Linn’s account, it’s DRM that has enabled the company to punish her. While some may not need to be reminded of DRM’s evils, it may come as a revelation to others.
DRM isn’t about to go away, but one can purchase DRM-free material — even from Amazon — to limit its hold over you and your content. Sound advice comes from the top-voted post on the Hacker News thread related to Bekkelund’s post, which recommends everyone “ treat all e-books purchased with DRM as rentals.” One should perhaps replace the word “e-books” with “all digital media” depending on your buying habits, just to be safe.
As Bruce Willis isn’t coming to our rescue anytime soon, what choice do we have?
Makes a case for piracy, donnit?
This is why I like to buy real books. No one is breaking into my home to steal my books back ..
Back-up the books to your home computer. They stay safe there.
Unless it’s connected to the internet. Amazon will delete it from the client as soon as it can.
Makes a case for piracy, donnit?
It’s always rented. If you’re using proprietary software, your data is only as valid as the software license.
kindle-ing
Can I just point out that Amazon’s Kindle is DRM, Barnes and Noble is not? They sell you a digital copy of the book, and can’t take it away.
make a local backup
/issue
As foretold by Stallman in 1997
http://www.gnu.org/philosophy/right-to-read.html
Amazon’s Kindle Swindle
http://www.defectivebydesign.org/amazon-kindle-swindle
Eric Holder has ordered the settling publishers to return $52 million in overcharges to the consumers, who likely didn’t even REALIZE they were being Swindled.
http://bearingdrift.com/2012/04/11/the-kindle-swindle-eric-holder-sues-apple-e-book-publishers/
wow…thanks Ernestelle Kilbourne
Why rent or buy through one of these devices when you can buy at a store for the same price, copy it to your computer, then upload it to your device thus you own it or just illegally download it. That works too
overpriced paperweight? amazon’s self-destruction. i know they won’t be seeing any of my money… ever.
I think that there’s more to this story than what was presented. Would like to hear all the details before drawing a conclusion.
gawd just save up for an ipad or a physical book! don’t go ranting about saving the trees, why don’t you plant trees yourself!
Thus the reason I only purchase tangible discs when buying movies.
This is more than just taking away materials you have paid for — this is censorship and book burning on a digital level. I will stick with paper, thanks.
They can wipe your kindle?! :O Wow…everyone, this isn’t common sense!
Honestly though, due to my book hoarding nature, I still will use my kindle. Once I’ve read it, it’s usually “shelved” anyway. So long as it wasn’t the book I was currently addicted to I really wouldn’t feel too “bad.” Still, this is about the principal. If you “PURCHASE” a book.. *sighs* We need to get unplugged….even from this…we just need to get unplugged.
Get a Nook.
Yep That’s how it’s all going. That’s why you back up everything and then you crack it.
It’s always rented. If you’re using proprietary software, your data is only as valid as the software license.
Can I just point out that Amazon’s Kindle is DRM, Barnes and Noble is not? They sell you a digital copy of the book, and can’t take it away.
Good reason to stick with printed books!
Follow the rules and understand them.
Screw the Nook, just buy the books!
glad i saw this before I started to spend money on this stuff. I did want one now I don’t. I am not paying for things they can take away just becaues they want to.
I love my Nook too!
Don’t you have to turn on the the wireless to give them control?
Yet another reason to just “share” it.
playing dumb always works. except with amazon, apparently.
steam lol
Considering the rampant digital piracy going on and how much companies are claiming it’s hurting their sales, why on earth are they doing things that do so much to discourage their own customers from purchasing or leasing content from them legally?
that is why CD’s and DVD’s and Blurays connected to a device that is NOT connected to the Internet is the way to go. You just can’t trust big Media Corporations.
So, uh, is Linn still entitled to the ebook settlement? ;-) http://www.amazon.com/help/agencyebooksettlements
A Nook is the only way to go! Love mine!
I know how amazon works that’s why I hate them and there are many users and amazon platform seller with horrible stories.http://nickbartlett.com/wordpress/selling-on-amazoncom-sucks/
Get a Nook.
Screw Amazons censorship… & screw e-readers…Never had a printed book deleted before ,has anyone else?
I want to point out that people always have the option of buying the actual CD or paperback book. Then you would own the product outright. So stop whining about DRM. That word is taboo in my book and that’s why I will always pay for an actual phyiscal product if I want to own something. Otherwise I rent. You can’t “own” anything digitally.
Thanks! Good information that I didn’t know! I never read terms— way too complicated! Personally, Amazon seems a bit arrogant of late! My state is now charging sales tax and makes Amazon much less appealing.
Pretty thorny situation all around. Even if Linn was playing dumb and she did, in fact, give Amazon reason to handle her situation so punitively, that the company is unwilling to provide any explanation is dictatorial and unproductive. And what if Linn has done nothing wrong?
Not sure I agree with Andy’s blanket demonization of DRM, either, since it’s ultimately a very flexible concept that can be used to promote content ownership in a digital world. Sure, we can just depend on all owners to behave lawfully with the content they purchase; but we could also depend on DRM that is drafted in a non-draconian way to ensure a decent balance of protection between sellers and buyers.
This is why piracy is so high now a days with many other options out there other then to steal and for reasonable prices its DRMs and the “rental” aspect that make many people feel they deserve a product they purchased.
MOBI files are cracked all the time you can find any book you want and never worry about them being removed. So until companies understand people and read that as a lot and growing want the product they purchased piracy will not die down but expand.
I think people are always looking for ways to get the best bang for their buck. Why pay for a whole album when you can just pay for the individual song and download it right? The problem with this theory is that big business knows better. They have the $$ for the research and have figured out how to wrap the idea of owning something digital in a DRM rental wrapper. That’s essentially what is going on here.
As long as people are going to fight the system and not pay the price that makes the seller money, we will have to assume businesses will have the upper hand with us. Is that the wrong way to think?
Not sure I buy her story. Obviously she has done something bad using another account, and when she got into trouble, started up a new account and did the very same thing. I just want to know what the hell she did to get Amazon so worked up over her?
Amazon probably is not saying what that is because of fear that other people will go “wow, I didn’t know you could do that” and then search online for the very instructions to do what Linn did.
My guess is that she figured out a way to download music or books without fully paying for them or something.
Regardless of what anyone does, no one has the right to steal from anyone. In court a person could be fined or made to pay for damages, but you can’t just steal from someone even if your hypothetical story is true and she was stealing from them first.
And regardless what the fine print may say, when you buy a book on Amazon it says “Buy Now” not “Rent Now.” Which is false advertising.
And regardless what the fine print may say, when you buy a book on Amazon it says “Buy Now” not “Rent Now.” Which is false advertising.
Not false advertising if you read the ToS which they assume you do when you sign up for an account. They imply there that what you are in fact purchasing is a license to use the media in question and licenses can be terminated/revoked at any time.
Who says she bought it though? :)
Let’s assumed she figured out how to game Amazon which is why her original account was banned, then does Amazon have the right? Maybe she stole from them?
Why do we assume she is an angel?
Looks like my last post got hosed. You ask why do we assume she’s an angel? I don’t see that anyone is. But if you go the route of assuming she stole the content or didn’t buy it, why stop there? Maybe she stole the kindle. Maybe she stole the money to buy the kindle, then decided to steal the kindle and keep both. Assuming things not in evidence has no logical endpoint so it’s an unfair endeavor. I’m a big fan of Amazon and Kindles and not inclined to jump to any conclusions. I find it easy to believe though that some shady character owned the kindle beforehand, did something bad and sold it to her. Or she could have bought it under the premise that there was X free content available with the seller having figured out some way to bypass things. She could have been misled. Another family member could have done something. It would take real balls to steal content and go complain to amazon about it – and by going public, she is greatly increasing the probability that Amazon will break their silence. If she just let it go, they almost certainly would have too.. Let’s say it was a child or spouse, she should be entitled to know what happened so she can do something about it – not telling her assumes she’s complicit or at least tolerant of whatever it was that was done wrong. I do find it a little strange that she hasn’t said more – i mean, she could easily have added “I bought it new, paid for every single thing and have transaction receipts ” or something like that which would seem to be in order – but I can’t assume guilt just b/c she didn’t write her complaint the way I would like. Until further notice, it’s hard to tell if it’s malfeasance on her part (or someone related to her) or a screw up or the like on Amazon’s part. pretty sure the truth will come out though as Amazon would be foolish to let this just sit, especially with their new offerings and the competitiveness of the landscape.
” I find it easy to believe though that some shady character owned the kindle beforehand, did something bad and sold it to her.”
I could see that and I understand what you are saying. I just think everyone here was jumping down Amazons throat which I don’t think is fair. Amazon has never been viewed as a bad company or a company that would take advantage of people.
I’ve never had any problems with them either, but that is dirty to even have a policy like that and they need to change it. Apple seems to have some really scandalous policies too about digital files. If you buy something it should be your property no matter what.
Wow, that is seriously f’d up.