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July 18, 2009


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richard handelsman (Chicago M.A., 1968)

If you want 1984 on your Kindle, use another edition. Or, as the NYT points out, "On the Internet, of course, there is no such thing as a memory hole. While the copyright on “1984” will not expire until 2044 in the United States, it has already expired in other countries, including Canada, Australia and Russia. Web sites in those countries offer digital copies of the book free to all comers." Then, transfer to Kindle (keeping a copy on your hard drive).
More Orwellian than immediately apparent. In 1984, Big Brother ostensibly collected and destroyed any embarrassing newspaper article. Physically impossible: a newspaper's daily edition sells thousands of copies. Did BB collect them all? Burn the entire paper - or just snip out that article? What about editions in hospitals, schools, doctor's waiting rooms? Replaced, or just a hole left?
The irony? That Oceania wasn't virtual, or digitized. Consequently, BB didn't have Amazon's deleting ability.


Your joking right!

Does Amazon have a hidden agenda or what. Is this a dramatization by Amazon if the very point that 1984 was trying to make.

Seems so blatant. Perhaps there is a copyright reason for it.


Randy - your pieces are very interesting, but it's not merely a matter of copyright enforcement. It is also a question of the contractual obligation Amazon entered into with Kindle users. As you know, I believe that Amazon is in breach of its EULA as a result of its "retrieval" of 1984 and Animal Farm. But there's a further question: given the trivial damages, if any, resulting from this breach, the mandatory arbitration clause in the EULA effectively precludes any recovery for Kindle users and any deterrent of Amazon's further breaches.

See http://tiny.cc/n134Z

On Monday, July 27, Disputing (http://www.karlbayer.com/blog/) will publish a piece of mine regarding the emerging trend to invalidate mandatory arbitration clauses in consumer transactions in which the arbitration clause robs the consumer of any feasible means of remedying and deterring wrongful conduct as a result of arbitration's preclusion of class actions.

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