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Saturday, September 5, 2009

Amazon Apologizes for Book Removals

If you, like I, purchased any of the books that have been available in the Kindle Store that were later removed from your Kindle by Amazon, due to them being illegally published (by persons other than those holding the digital rights), then you should be getting an email (or have, already) with a short apology from Amazon for the manner in which they were removed. In addition, even though you were given a refund at the time, Amazon is offering to give you $30.00 in either a gift certificate or check, by way of compensation. I received three such emails (they are identical, not even identifying the book purchased), but have no idea if that is $30.00 per removed book, or in total. Either way, it's free money for buying more books (what else would I spend it on?).

Some are planning on not accepting the payment, as they don't feel they are entitled to it, but most of us purchased books in good faith (I didn't get Harry Potter, for example, because it was obvious it was illegal, as a living author has made her stance pretty clear and quite vocally). Ayn Rand and George Orwell (and perhaps others) were some of the more recent (and heavily publicized) examples of these and with both there was some question about whether they were OK - the Rand estate has opposed ebooks, but has been said to have been considering it and there were other (and apparently legal) copies of the Orwell books in the store. Another reason a few won't be taking the offer - I suspect that it will negate any standing you might have in a lawsuit. It's a good move on Amazon's part, since that will probably knock out any class action status of the individual suits (which will get most of the vulturous lawyers out of the action, as the money to be made in these is from the attorney fees, not from being a wronged party). It's probably cheaper, overall, plus all those affected are getting what is no doubt considerably more than they would if a class action settlement were reached (I know that I've been a "winner" in some of these, without my knowledge, where a phone company ended up having to give me a calling card and the attorneys made off with millions -- I suspect you have, too). So, my advice is to take the money. It'll be to your benefit and to Amazon's (and if their cost is lower, they can afford to give us lower prices in the future), while slapping their fingers for their tactics (which they have already said won't be used in the future).

If you haven't checked your email (or didn't purchase one of the books in question), this is what the letter looks like. Pay careful attention - you don't hit REPLY to send in your claim, but send an email to an address noted in the body of the letter, instead.

Hello,

On July 23, 2009, Jeff Bezos, our Founder and CEO, made the following apology to our customers:

“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.

With deep apology to our customers,

Jeff Bezos
Founder & CEO
Amazon.com”

As you were one of the customers impacted by the removal of a book from your Kindle device in June of this year, we would like to offer you your choice of an Amazon.com electronic gift certificate or check for $30. Unfortunately, we cannot make this title available on your Kindle again.

Please email Kindle customer support at kindle-response@amazon.com to indicate your preference. If you prefer to receive a check, please also provide your mailing address.

We look forward to hearing from you.

Sincerely,
The Kindle Team

Please note: this e-mail was sent from a notification-only address that cannot accept incoming e-mail. Please do not reply to this message.