njc wrote:The court's view was that because Amazon et al do not exercise any editorial control whatsoever, suing the platform would be like suing the owner of a self-service copy machine.
I'd say that any other decision would have destroyed the Indie publishing marketplace, because nobody could do a print run without exercising editorial control. The freedom-of-speech and freedom of the press implications are larger. Freedom of the press, it is commonly said, belongs to those who own one. In practice, that means one who owns or rents one. But who will offer one for rent if he will be held responsible for the words peinted?
That Amazon et al. don't exercise editorial control within their publishing empires is like saying BP et al. don't exercise control over where crude oil may go into the ocean.
Yes, indeed, blameless lying, stealing, and malicious action might not "destroy" a sector of the economy which holds itself above all that expensive self-policing action.
In my head, the judge had no choice but to rule what he did. Amazon is not guaranteeing anything about their Print on Demand other than they require the author to format it within specs. They make the writer promise that all materials belong to them. They are not responsible if the writer lies...as they are not a publisher, not really.
They are providing a 'mechanical service' of printing and offering a limited 'digital' shelf space. They are not really publishers (as much as we like to call them that). They are book printers that include some limited digital shelf space and the option to market yourself. In return, they don't edit, review or turn down your book idea. If they were a publisher in the traditional sense, they might say a book about a singing bologna roll would be a bad book option. Yes, I know someone wrote this book.
The Author is the publisher in this sense. The author edits, formats and markets. Therefore, the AUTHOR is responsible for any illegal copyright issues. Amazon only offers a printing service in the hopes of getting you to pay for add-ons and extra printing.
AMAZON
Example: If I buy a truck from Ford for cash then let the insurance on it expire then load it up with fuel and drive it into the side of a building, Ford is not responsible for the wall damage or the lack of insurance. They sold me a truck that happens to be a FORD with options and that's all. I'm responsible if I ram it into walls.
Traditional Publishing
Example: If I Ford pays me to be a Ford representative to drive around my Ford truck but they get input on the insurance, the color of the truck and put limits on my speed when I drive, then they take some responsibility in my usage of the truck. They are 'monitoring' and editing my use. Ford might also tell me don't purposefully drive into walls and they believe we have a formal agreement between us that says I'm won't do this. If I then run into a wall and Ford didn't check that I reupped the insurance...then Ford is partially responsible because we have a partnership agreement where Ford 'vouched' for my truck and my insurance.