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Orwellian indeed

July 17th, 2009  |  by jz  |  Published in Future of the Internet  |  12 Comments

David Pogue just blogged about a fascinating memory hole leak in the Kindle: customers who purchased at least one version of the classic Nineteen Eighty-Four found their copies of the book simply vanished from their readers. Amazon’s apparent explanation:

The Kindle edition books Animal Farm by George Orwell. Published by MobileReference (mobi) & Nineteen Eighty-Four (1984) by George Orwell. Published by MobileReference (mobi) were removed from the Kindle store and are no longer available for purchase. When this occured, your purchases were automatically refunded. You can still locate the books in the Kindle store, but each has a status of not yet available. Although a rarity, publishers can decide to pull their content from the Kindle store.

Another fascinating aspect of the Cloud: everything is rented rather than owned, and can be taken away with only a refund to show for it.  I worry about this phenomenon here and here in my book — I just didn’t have any good examples at the time of writing. My concern isn’t just about publishers having second thoughts about their material.  It’s the tool handed to regulators: someone could allege defamation for a passage in a book and a court, aside from awarding damages, could order Amazon to excise the offending passage retroactively.  Same for politically sensitive speech:

Imagine a world in which all copies of once-censored books like Candide, The Call of the Wild, and Ulysses had been permanently destroyed at the time of the censoring and could not be studied or enjoyed after subsequent decision-makers lifted the ban. In a world of tethered appliances, the primary backstop against perfectly enforced mistakes would have to come from the fact that there would be different views about what to ban found among multiple sovereigns—so a particular piece of samizdat might live on in one jurisdiction even as it was made difficult to find in another.

It looks like the particular complaint here is that the book was eliminated from the online “archive” that Amazon maintains for one’s Kindle purchases; I can’t tell if copies stored on Kindles themselves were actually deleted over Amazon’s direct-to-Kindle wireless network, but at least one user reports that Kindle copies are killed too. The version removed is by a publisher called MobileReference (appearing to specialize in public domain works) and sold for $.99; another version from Houghton-Mifflin for $9.99 is still available. One possibility is that the work is in public domain in some places but not others — making it trickier to sell through the Kindle store, though the store does have some sense of a customer’s location. But even if Amazon were mistakenly selling the book without clearing rights — it’s a new feature of a cloud-based e-book vs. a regular book that “mistakes” can be wiped clean with the touch of a button. For more thoughts on that, see the curious case of TiVo v. EchoStar.

And seriously — to put 1984 down the memory hole is just too … ironic?  Or is it fitting?

Update 18 July 2009: Amazon has issued the following statement describing the situation as arising from a copyright issue.  Of course, paper books could not be similarly recalled — bug or feature?

Hi Jonathan,

These books were added to our catalog using our self-service platform by a third-party who did not have the rights to the books.  When we were notified of this by the rights holder, we removed the illegal copies from our systems and from customers’ devices, and refunded customers.  We are changing our systems so that in the future we will not remove books from customers’ devices in these circumstances.

Thx,
Drew

Drew Herdener
Director of Communications

Update 24 July 2009: Jeff Bezos has posted an apology:

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

It’s hard to ask for more than that — I’m eager to see the ways in which Amazon can structure the Kindle so that not only Amazon, but those who might try to regulate Amazon, have limits to what they can do.

Responses

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  1. Tim Cohn says:

    July 17th, 2009 at 2:54 pm (#)

    And if the cloud rental were free to begin with, a refund would be of little consolation.

  2. Th. says:

    July 17th, 2009 at 2:55 pm (#)

    .

    It’s perfect.

  3. Yvette Wohn says:

    July 17th, 2009 at 8:29 pm (#)

    I feel companies should be obliged to inform their customers of the deletion before it happens. Although a different case, money that I had invested in a Second Life bank “disappeared” because Linden Lab decided not to host financial institutions. I couldn’t even get a refund from the bank. I don’t know much about consumer protection laws, but we should be thinking of consumer protection for virtual assets too.

  4. Herbert Kanner says:

    July 17th, 2009 at 8:32 pm (#)

    I wonder if this could be the subject of a class action suit. Here is my point: suppose a customer gets halfway through a book and then the book disappears from his/her Kindle. So, despite the refund, there is actual damage to that customer, namely the time already invested in reading that portion of the book.

  5. Maligna licenser och den digitala äganderättens död < Nicklas Lundblad says:

    July 18th, 2009 at 3:03 am (#)

    [...] och inte längre vill tillhandahålla digitala utgåvor av sina böcker har mött kritik, för att uttrycka det milt. Det intressanta med tilltaget är dock att det illustrerar ett exempel på en konflikt som inte [...]

  6. Andrew Martin says:

    July 18th, 2009 at 4:35 am (#)

    Surely there are several quite distinct issues here.

    One is the durability of purchases of eBooks: I can imagine being quite relaxed about this. If Amazon gets a reputation for quietly deleting your Kindle content, I suspect they will not sell many more Kindles. So, provided they do not attain a monopoly position, the consumer protection issues seem fairly minor.

    The general case, that all content may reside in the cloud, and be rented and not owned, is a much more profound issue for society. It seems to me hopeful that we will continue to have a mixed economy, with the option of buying content to own (aka a perpetual licence), as well as having many things available on a subscription basis. This does need technological support, and the ideal solutions do not yet exist. Whether regulation is needed in the foreseeable future is not clear: could you frame a requirement that perpetual licences were incapable of being revoked/annulled by technology? – or would that just provoke more vendors into selling subscription licences only?

    And then there’s the Orwellian vision of content being subject to silent revision (or deletion). Clearly, this is the most sinister, and broadly plausible (it would never be perfect, but convincing most of the people most of the time would suffice). One of the most profound failures of the digital age is that we have not updated the concept of legal deposit libraries. Is it too late to develop a requirement for content to be deposited – in such a way as to be perpetually available to the “library”‘s readers, and freely available when the copyright expires?

  7. ::: Think Macro ::: » Reading blogs #16 says:

    July 19th, 2009 at 5:43 pm (#)

    [...] “Orwellian indeed” – Here are Jonathan Zittrain’s thoughts about the accident where he highlights the fact that content is leased in the cloud rather than purchased, which in turn raises an additional set of concerns. [...]

  8. Amazon Goes All 1984 on Kindle Owners — The Late Age of Print says:

    July 20th, 2009 at 1:35 pm (#)

    [...] such as Jonathan Zittrain have rightly pointed out that you don’t actually own Kindle content.  Instead you basically [...]

  9. Benlog » The erosion of our expectation of autonomy, and the Kindle Pledge says:

    July 21st, 2009 at 11:21 am (#)

    [...] bought a book in a store operated by Amazon, and a few days later it was gone. Jonathan Zittrain saw this coming. Ed Felten makes a solid point that a central issue is transparency, which is very insightful. [...]

  10. Consumer Centric » Blog Archive » Amazon Jungle: Apology Nicely Done, But Orwellian Slip Invites Important Debate says:

    July 24th, 2009 at 11:21 am (#)

    [...] I’m intrigued by commentary from Jonathan Zittrain, author of “The Future of the Internet — And How to Stop It”, about this situation almost a week before Bezos’ apology.  Zittrain writes in his blog: [...]

  11. Kindling « The Book Report says:

    August 5th, 2009 at 7:56 pm (#)

    [...] do you buy when you buy a “book” on Kindle?  This is a big question (with a nice recent scandal).  As Baker says, “You buy the right to display a grouping of words in front of your eyes for [...]

  12. 1984, veinticinco años después says:

    August 13th, 2009 at 12:06 am (#)

    [...] virtual del Kindle por una compañía que no tenía los derechos suficientes para hacerlo. Primero se justificó y luego pidió abiertamente disculpas calificando de “estúpido” su comportamiento. Pero en los [...]

Blog

  • The Future of the Internet: Five Years Later
  • In 2008, The Future of the Internet called attention to a “sea change” in the way consumer devices interact with the Internet. “The future is not one of generative PCs attached to a generative network,” the book warns; “it is instead one of sterile appliances tethered to a network of control.” In response to the security threats posed by malicious third-party code, increasing numbers of users will likely gravitate towards gadgets “tethered” by continuous communication between product and vendor. And this proliferation of tethered computing—the “appliancization” of PCs—will deal a serious blow to the principles of generativity and free expression that drove the early Internet.

    Since the publication of The Future of the Internet, the ethos of strict appliancization has taken a new turn. In 2011, Professor Zittrain wrote an update on the book’s message: “at the time of the book’s drafting, the alternatives seemed stark: the “sterile” iPhone that ran only Apple’s software on the one hand, and the chaotic PC that ran anything ending in .exe on the other. The iPhone’s openness to outside code beginning in ’08 changed all that. It became what I call “contingently generative” — it runs outside code after approval (and then until it doesn’t).” This trend towards contingently generative models continues into the present day, and represents a shift similar in many respects to the one The Future of the Internet predicted.

    Jon Brodkin and Peter Bright’s Ars Technica op-ed on the Microsoft Metro app store offers some valuable commentary on a big development in this “sea change.” The article recognizes that “Microsoft is imitating Apple in one very bad way, by limiting the distribution of Metro applications to a Microsoft-controlled app store… by bringing Windows to tablets, Microsoft could strike a blow for openness in a market dominated by a closed system. Instead, Microsoft is bringing the same restrictions found on iPads to both Windows tablets and PCs.” As forecasted by The Future of the Internet, devices that only run approved code are gaining popularity. Metro, the curated user interface that has found its way onto Microsoft’s tablets and PCs (in the case of the PCs, alongside a fully-functional desktop mode capable of side-loading non-Windows Store applications), won’t run applications from outside the Windows Store. Moreover, the apps available through the Store are subject to a bevy of restrictions on content. With these restrictions on installable applications come the restrictions on generativity that The Future of the Internet anticipated: “lock down the device, and network censorship and control can be extraordinarily reinforced.” And, as the Ars Technica piece observes, the Windows Store’s rules would exclude critically-acclaimed content like the video game Elder Scrolls: Skyrim, simply for its PEGI 18/ESRB M rating. It isn’t hard to extrapolate, as Brodkin and Bright do, that these rules could give rise to debacles similar to Apple’s (repealed) ban of a satire app developed by a Pulitzer Prize winner.

    Though the Windows Store’s restrictions resemble Apple’s policies in many ways, there is a crucial difference: Metro-running Windows 8 products are designed as PC replacements, rather than sui generis devices like the iPad. And since Windows desktops have long been preferred gaming platforms, the theoretical exclusion of content like Skyrim from the Windows Store makes Windows 8’s emphasis on the Metro interface particularly jarring.

    With Metro, Microsoft has made a decisive move towards contingent generativity. Brodkin and Bright note that “there are security benefits to a closed app store model, particularly for less tech-savvy users who may not understand all the dangers on the Web. There are also, arguably, convenience benefits; end-users can be reasonably confident that the apps they download will work correctly and be at least marginally useful…But while these security and convenience benefits might be enough to justify the existence of a curated app store, they don’t justify the decision to make that store the only option for all users. Informed users should be allowed to install applications from wherever they want.” Brodkin and Bright prefer a system like Gatekeeper, a fixture in newer versions of Apple’s OS X, from Mountain Lion forward. Gatekeeper gives users the choice to restrict their operating system to App Store apps and outside apps that have been signed with Apple-issued Developer IDs, or open up the device to all programs, whether or not they’ve been vetted by Apple. The “Future of the Internet” Blog is fairly enthusiastic about Gatekeeper: about a year ago, a post here suggested that “the middle ground of allowing non-App Store signed code may represent the best of both worlds.” But we were quick to warn that Gatekeeper strikes a tenuous balance: “one small tweak — lose that Control-click for sideloading — and OS X could fully merge with iOS, both in functionality and in security methods.” Metro’s riff on content control could be just that sort of tweak—especially given recent speculation that Microsoft may dump desktop mode in Windows 9, leaving only Metro.

    Moreover, a contingently generative business model like the Windows Store’s carries some ethical implications that, while not damning, are certainly worth examining. Distribution systems like the Windows Store, Apple’s App Store, and the Android Market receive 30% of the sales revenue from applications sold in their stores (in the Windows Store, this cut drops to 20% after an app reaches $25,000 USD in revenue). Further restrictions on side-loading in new operating systems would drive a great deal of business towards big companies’ proprietary marketplaces—and with that traffic would come big payouts. With the uptick in store traffic that tighter gatekeeping would engender, it’s easy to imagine the equilibrium of Mac’s OS X Gatekeeper being forsaken for more restrictive, and more lucrative, operating systems. To analogize, a la The Future of the Internet: when the company that makes your computer requires you to install programs through their official store, it isn’t so different from the company that makes your toaster forcing you to buy from their bakery—and taking a cut out of every bread purchase you make.

    Even though Windows 8 PC users can still make use of a fully-functioning desktop operating system, Microsoft’s failure to include a side-loading option for the heavily-emphasized Metro interface—particularly in devices marketed as PC replacements—is a step in the wrong direction. It’s also an indication that the seas are changing in the way The Future of the Internet predicted. Given that Android’s more open approach to outside applications[1] still leaves the Android Market increasingly economically viable, Ars Technica is right to voice its disappointment in xenophobic operating systems like iOS and Metro.

    - Ben Sobel, Kendra Albert, and JZ

    [1] Though the Google Play approach to openness is far from perfect! Ad-Blocking apps were recently pulled from the Play Store, in a move that will come to illustrate just how viable it is to distribute a side-loaded Android app without any help from the Play Store.

  • Rock star RA wanted
  • I’m seeking a full-time one-year rock star research associate to engage with a variety of projects and classes, with a broad opportunity to immerse in cyberlaw and Internet topics.   Blurb below, with more information on how to apply at <http://cyber.law.harvard.edu/getinvolved/jzra>.  …JZ

    –

    Professor Jonathan Zittrain of Harvard Law School, the Harvard Kennedy School of Government, the Harvard School of Engineering and Applied Sciences, and the Berkman Center for Internet & Society, seeks a full-time research associate in Cambridge, MA for a period of one year, beginning no sooner than June 1, 2013.

    This position requires the ability to absorb large amounts of written and other media materials from various sources (including but not restricted to: original sources, scholarly articles, news articles/blogs, interviews, databases) in a short amount of time, critically analyze that material and render it forward. This could take the form of prep materials for panels, conferences and presentations; article outlines; fact checking materials; original article or paper drafts; slide decks or other digested forms. The research assistant should be prepared to help prepare materials for class sessions and syllabi, lead discussions and work with project managers to accomplish research-related goals.

    Research is often self-directed with little outside guidance beyond broad outlines and themes (though occasional targeted research assignment for a specific fact or image can be expected, and feedback is provided), so the ability to quickly critically appraise sources and identify interesting, relevant and original paths is essential. Wide-ranging interests and the ability to work on almost any issue or topic that arises is a plus, as is an ability to ramp up quickly on unfamiliar fields or topic areas. Excellent writing and editorial skills with an attention to detail are also required.

    This job is an ideal opportunity for those interested in future graduate school or law school studies, whether currently admitted or still applying to such programs.

    Over the course of the year, a motivated individual will sharpen and focus his or her research agenda and make valuable contributions (in his or her own name) to the field of cyberlaw and beyond, while being exposed to interesting thinkers in academia, industry, and government. A research associate in this position will work very closely with Professor Jonathan Zittrain and his team, assisting in a variety of research areas, e.g. ubiquitous human computing, mesh networking, and cybersecurity, as well as on topics around access to knowledge and open scholarly publishing under the auspices of the Harvard Law School Library.

    The position will not start before June 1, 2013.  As with all Berkman staff positions, this is a term position, ending June 30, 2014.

  • F-T: Don’t sue over tweets
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    Those who didn’t see the false child abuse accusations against Lord Alistair McAlpine on an ill-considered BBC documentary may have instead heard about them through social media. This week, London’s Metropolitan Police suggested they might file charges against those Twitter users who sullied the reputation of the retired Conservative politician by knowingly repeating the lie that he was a child abuser. But the police may be less fearsome to the average BBC-linking tweeter than Lord McAlpine himself. Read more »

  • Taking More than Candy from a Baby
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    Original Post:

    Generativity hasn’t had a poster child — until now.

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About Jonathan Zittrain

jonathan zittrain

Jonathan Zittrain is Professor of Law at Harvard Law School and co-founder of the Berkman Center for Internet and Society at Harvard Law School

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