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Amazon Kindle looks to DMCA to block the use of a subsidiary's e-books

IT Industry - Strategy

Amazon is wielding the DMCA in an attempt to stifle software designed to allow the Kindle to display legitimately-acquired e-books. The way the company championed the sale of unprotected MP3 music files playable on any device might have led us to expect something better from it.

Kindle is Amazon's e-book reader. One of the features is the way books and other content are purchased and then transferred via the Sprint EV-DO cellular network to the device.

But what if you own a Kindle and want to use it to display Mobipocket format e-books you've acquired legitimately from other sources such as public libraries?

(Mobipocket allows an e-book to be read on any of a range of handheld devices as well as on Windows PCs.)

Software written by Igor Skochinsky provides a way of determining a Kindle's PID code from its serial number (kindlepid.py), the PID is quoted when downloading a book, and then a second piece of software adjusts the book file to suit the Kindle (kindlefix.py).

According to people who have used Skochinsky's software, it preserves the DRM associated with the e-books. For example, a book obtained from a public library on an three-week 'loan' is not viewable after that period has elapsed.
 
Nevertheless, Amazon has served a DMCA notice on MobileRead (a web site for e-book users) that linked to Skochinsky's software and provided instructions for its use.

The letter, apparently issued by lawyers acting for Amazon, asserts that the software "is primarily designed, produced, or marketed for the purpose of circumventing a technological measure that effectively controls access to, and/or protects a right of, Amazon.com and the copyright owners who distribute books and printed materials viewable on the Kindle 2."

While the DMCA does provide some protection for those incorrectly targeted by take-down notices, filing a counter-notice is not something to be taken lightly. This is especially true for non-US residents, who as part of the process must consent to the jurisdiction of a US court.

Is Amazon pulling an Apple? Please read on.