Bonum Certa Men Certa

Amazon's Linux-powered and DRM-laden Gadget Sued for Patent Infringement

Summary: Amazon sued for using DRM

UNLIKE THE TOMTOM CASE, THE NATURE of this complaint and lawsuit against Amazon's Kindle has nothing to do with Linux; however, it exposes vulnerabilities in both the notion of software patenting and DRM.

The first report that we found is this one.

Discovery Communications, the company behind the Discovery Channel, has sued Amazon.com for allegedly violating a patent on electronic book technology with the Kindle.

Discovery filed the patent infringement suit against Amazon in U.S. District Court in Delaware alleging that the sale of both versions of the Kindle violates a patent Discovery received in 2007.


We now know the obvious -- that eBooks too are a patent minefield (one of the "in digital form" patents, much like the "over the Internet" patents). This may problematic because Linux is hugely popular in eBooks. It's almost a de facto standard in fact. To give examples from the past year or two, see [1-11] in the references below. Kindle just happens to be most talked about [12-20], often in the context of is DRM-imposed harms [21-24].

Business Insider confirms that the lawsuit is about DRM.

Another patent lawsuit that left us scratching our heads: Discovery Communications (DSCIA) is suing Amazon (AMZN), claiming the Kindle infringes on a patent Discovery has for DRM on digital books.


This sure sounds like another reason to abolish DRM. In fact, to an extent, Sony and Google are doing exactly that at the moment, for competitive reasons.

Its headline-grabbing competitor, the Amazon Kindle, has monopolized e-book news with its new Kindle 2 reader, an Oprah Winfrey endorsement, and an even a pesky intellectual property lawsuit from Discovery Communications.

But this week’s announcement of a Google-Sony partnership shines the spotlight on Sony Reader in a big way. More than a half-million public domain books published before 1923 will be available for free to Reader customers via the Sony eBook store. The titles were digitized as part of the Google Book Search effort, and since they’re free of copyright entanglements, Google and Sony probably won’t encounter any legal challenges from the publishing industry.


This parallels the business proposition of Free software, which undercuts the competition based on price and value. Nothing but collusion -- and almost the equivalent of price-fixing -- can actually enable all businesses to uniformly cripple their own offerings, but this is precisely what they tried. They are called the "copyright cartel" for a reason. Some call them maximalists and ACTA is means for enforcing this [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19] at a legal level, not just unilateral agreements, sometimes known as "conspiracies".

Regarding public domain, we recommend the following good talk from Richard Stallman (Flash required, sorry).

Book talks
Literature and publishers want to be free and exercise rights



As regards the Amazon lawsuit, more information can be found in TechDirt and in Ars Technica, which presents an informative picture too.

One person already suggests that Microsoft may be behind it and a new blog post brings back memories of the Microsoft Reader which never caught on.

MS Reader was Microsoft’s noble attempt to change the way ebooks were read. Reader offered an actual book-like interface that was easy on eyes. It had two other advantages. First, the ebooks created in Reader format (.lit) were considerably smaller in size than an equivalent PDF. Second, it introduced text-to-speech in ebook reading (it would read the book word-by-word with adjustable voice speed).


The bottom line is that DRM leads to lawsuits rather than prevent them (e.g. action from angry publishers) and devices are not immune to lawsuits just because they use GNU or Linux. This justifies immediate action against both DRM and software patents. The big loser here is the consumer. ____ [1] Ebook reader to offer Linux dev platform



A Berlin-based start-up called Txtr is readying an ebook reader that boasts an "open architecture" Linux development platform. Like Amazon's Kindle 2, the Txtr Reader offers a 532MHz processor, a 3G connection, a second-generation E Ink grayscale display, and tie-ins to online services.



[2] Make ebooks pretty with GutenMark



Project Gutenberg is a real treasure trove for bookworms and casual readers alike, but turning etext files into a readable form is not as easy as it may seem. In theory, since etexts are just plain text files, you should be able to open and read them on any platform without any tweaking. In practice, however, this approach rarely works. Hard line breaks, for example, ruin the text flow, making it virtually impossible to read the book on a mobile device. Another problem is that most books are stored as single files, so locating a particular chapter or section in a lengthy book can quickly become a serious nuisance. Then there are minor, but still annoying formatting quirks, such as inconsistent handling of italicized text, use of straight quotes instead of smart ones, and so on.



[3] Ultra-light ebook reader runs Linux



PDF software company Foxit is readying an electronic book reader that weighs 6.4 ounces, measures 0.4 inches thick, and runs Linux. The Foxit eSlick offers E Ink's low-power electronic-paper display, ships with an MP3 player, and sells for $100 less than an Amazon Kindle.



[4] How Linux (and Ebooks) will save the publishing world!



Linux can also help these publications in the server department, on desktops, PDA's, mobile devices, cameras, and a wide range of other things. € It'll be everywhere, helping them to adapt to this new market and make the move into the 21st century of technology.

With all these wonderful Linux powered devices standing by to help them, it's now up to the companies to do the right thing and make the switch. € But when and if they do it is another matter entirely. € Then again, if they don't, they'll only have themselves to blame for their failure.



[5] 10 Linux-powered E-book Readers



Linux just keeps popping up on many of the popular gadgets that are hogging the limelight nowadays. Some are quite conspicuous about it, like the Android phone that is being developed by a group that makes it very obvious, calling themselves the Open Handset Alliance. However, there are some that don't flaunt Linux around, like the Amazon Kindle. Not that they have to, but well, allow me to do it for them here anyway.



[6] Rollup e-reader runs Linux

Philips spinoff Polymer Vision has announced plans to ship a Linux-based e-reader with a flexible, rollup display. Thanks to the screen's low power consumption, the "Readius" offers up to 30 hours of reading without a battery charge, according to the company.



[7] E-paper support for Linux



One of the electrophoretic display controllers for which Linux support has been posted (tarball) is a controller from E-Ink called Apollo. This controller is interfaced to the host through 8-bit data and 6-bit control over General Purpose IO (GPIO) interfaces.



[8] Down with paper: A review of the Sony Reader



Not only does the new Reader sport an SD card slot alongside the Pro Duo slot, but it plays AAC and MP3 files; ATRAC doesn't even make an appearance on the spec sheet. Oh, and did I mention that the Reader is Penguin-powered?



[9] Sharp intros RD-CX100 dictionary / e-book reader



It may not boast quite the versatility of its souped-up Linux-based "electronic dictionary," but if you're just looking for some basic e-book reading capabilities along with your multi-lingual dictionary, Sharp's new RD-CX100 looks like it may fit the bill.



[10] HP offers peek at next-gen gadgets



HP has unveiled some of the gadgets it is working on in its worldwide laboratories.

[...]

The e-book attracted most interest from delegates at the HP Mobility Summit in Shanghai. It uses touch sensitive strips on the base of the rectangular unit to select books and turn pages, runs a Linux OS and has a USB port to install new titles.



[11] Linux-based eBook reader leverages lightweight browser



The NetFront browser enables users to click through to linked reference sites, such as Wikipedia, while they are reading.



[12] Linux dominates in Amazon Kindle competitors



Linux runs on the first e-book reader released this year ... and on the second ... and the third.



[13] "Amazon's Kindle eBook Reader



But in the final analysis, the point of the thing is to be a better book. It does this very well. Everything else is just icing on the cake, which is, in this case, not a lie.



[14] Amazon.com Launches Wireless Reader



The Linux-based device weighs 10.3 ounces, can store 200 titles on its 250 MB of onboard flash memory, and its battery can hold a charge for two days with the wireless feature on and seven days with it off, Amazon said. The reader is made by a Chinese OEM and can be purchased on Amazon.com for $399.



[15] Mobipocket books on Kindle



We've known for some time already that Amazon's AZW files are actually Mobi files, but Amazon didn't share Kindle's Mobi PID which would allow one to buy encrypted Mobi books for Kindle. Well, I've discovered the algorithm used to generate the PID and was able to use it on Fictionwise, but there was another catch. AZW files have a flag set in the DRM info which is not present in books bought from other vendors. After fixing that, I could read the book on Kindle.



[16] Kindle sold out



There is no telling if this is a consequence of consumer demand exceeding Amazon's forecasts as to how many people would want this thing, or if Amazon is taking a page out of Nintendo's book and creating a little product scarcity to drum up business. All I know is I got mine in the mail today, and I'm already in love.

Flop? I think not.



[17] New eBook Reader Undercuts Kindle, Sony Reader Prices

Available in black, gray, or white, the device will have 128MB of internal memory, plus USB and an SD Card slot (it'll come with a 2GB card, too). Because its screen draws very little power, battery life should be extremely long; Foxit says it'll go for 8,000 page turns between recharges; it recharges via either USB or an included AC adapter. It uses an embedded Linux operating system, too.


[18] Amazon Kindle: A Road Warrior's Best Friend

I don't care if print is dead, or if it's just resting a while. What I do care about is getting the best, most versatile access to information when and where I need it. And for this, I've come to depend on my Amazon Kindle. While the rest of the tech world is busy kvetching over the forthcoming second-gen Kindle's design aesthetics and its admittedly hefty $359 price tag, I'm wondering only one thing: Will it make me want to upgrade?


[19] You ready for Kindle 2.0?



The Amazon Kindle book reader appears on the verge of showing off a new makeover.



[20] Kindle Sold Out Until February



The Kindle has been out for a year, and has been enormously popular, so its vanishing makes a degree of sense. But one would figure Amazon understood the demand for its product and would stockpile appropriately.



[21] Adobe Digital Editions: a Fraud!



I am not decided yet whose fraud is bigger: Adobe's one, or that of the e-book publishers who infamously market the digital content for Adobe Digital Editions as content for Adobe Reader?

[...]

You should therefore avoid e-books from HarperCollins, and be cautious: when the DRM'ed contents "fine-grained rights", it's unlikely to be a PDF (even if marketed as "Adobe Reader"), but something worse.


[22] Don't let DRM get between you and a good book



Amazon Kindle (Swindle), Sony Reader (Sh-reader), and others are all competing to control how, what, and when we can read with their competing Digital Restrictions Management technologies. Let's let them know that we won't buy their ebook readers until they get rid of the DRM!



[23] The Kindle Swindle



It seems that Amazon only cares to oppose DRM when they can profit from it, such as when they advertise their MP3's as "Play Anywhere, DRM-Free Downloads." The same is not true for Kindle ebooks. Perhaps if they were honest they would advertise their ebooks as "Play Only Here, DRM-Laden Kindle Ebooks."



[24] Linux Journal Live - eBook Readers and DRM



The November 13, 2008 edition of Linux Journal Live! Shawn Powers and special guest, Linux Journal Author Daniel Bartholomew, talk e-book readers and Daniel's Kindle, DRM, and other goodness.

Comments

Recent Techrights' Posts

[Meme] Walking Outside the Guardrails of the Walled Gardens Built by Monopolies
So-called "advertiser-unfriendly" material was never a problem for Wikileaks
This War Crime Footage, Nothing Political Per Se, Is What They Made Julian Assange Plead Guilty To (War Criminals Not Convicted, Only Those Who Expose Them)
Wikileaks' Julian Assange: Exposing the US Military Crimes
20 Years Passed, Let's Go Even Faster Now
We are hoping to bring more original stories
Windows Lost Almost 92% Market Share in Egypt
From over 99% to just over 7%
 
Microsoft Layoffs, Mass Plagiarism, and More
outrage included
GNU/Linux Climbed 0.25% This Month (in statCounter)
Around midday on Tuesday we'll start seeing preliminary data for July
Ilya Gulko Introduces Pollyanna
"Pollyanna is a web framework that makes it easy to create your own libre social space, such as a social network or blog."
'FSFE': Underage Labour, GAFAM Fronting, and Identity Theft to Undermine the FSF's Current Fundraiser
looking to raise funds at the same time as the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 29, 2024
IRC logs for Saturday, June 29, 2024
Links 29/06/2024: Astronauts at Risk, Ukraine Updates
Links for the day
Fedora and Red Hat Leftovers
mostly redhat.com
Microsoft is Now Googlebombing or Spamming 'Open Source' and 'Linux' to Promote Proprietary Surveillance, Azure
Notice the title and the image, what's being promoted etc.
Seychelles: GNU/Linux Doing OK
Seychelles cannot be considered poor
Gemini Protocol Isn't Even Remotely "Dead"
"Lupa knows of 505,000 (half a million!) working Gemini URLs at present, up from about 425,000 this time last year"
About 10 New Free Software Foundation (FSF) Members Per Day
The total changed from 46 to 47 while typing the article
Vista 11 Adoption Unusually Low in Germany and It's Going Down, Not Up
This is not happening only in Germany
Kevin Korte on Computers Being Allowed to Make Decisions Based on Cryptic Algorithms and Proprietary/Secret Data
It uses buzzwords where none are needed
[Meme] Garbage In, Garbage Out (linuxsecurity.com)
It is neither Linux nor security, just chatbot-generated slop
Microsoft-Invaded CISA Spreads Anti-Free Software FUD (as If Proprietary Software Has No Memory Safety Issues), Brittany Day Uses Chatbots to Amplify and Permutate the Microsoft FUD
linuxsecurity.com became an anti-Linux spam site
Microsoft Laying Off Staff in an Act of Retaliation and Union-Busting
retaliatory layoffs at Microsoft
Gemini Links 29/06/2024: Content Drowning in 'Goo' and LLM Slop
Links for the day
In Ecuador, GNU/Linux Adoption Surged From Under 1% to Over 4% in About 3 Years
Not even counting Chromebooks
LibrePlanet: Cultivating Backups (of Recordings)
an appeal to recover some of these talks
Microsoft/Windows Machines Are Turned Off (or Windows Deleted/Decommissioned) in Web Servers, as the "Market Share" Collapse Continues
Taking full history into account, this is a decrease of over 90% in some cases
Corwin Brust Hosting Freedom: A Behind-the-scenes Tour With the GNU Savannah Hackers
"the "smiling faces" behind it."
Android at 90% or More in Chad
Windows below 2%
David Wilson: Cultivating a Welcoming Free Software Community That Lasts
"a feeling of shared ownership for all users."
Julian Assange Might Continue Wikileaks, But Certainly Not Yet (Recovery Time Needed)
And probably at a symbolic capacity only
Bringing in 12 Santas and Taking 13 Out (Old Interview With Julian Assange)
Julian Assange's life inside the Ecuadorian embassy
Neil Plotnick on GNU/Linux in the High School Classroom
uploaded to the LibrePlanet instance of MediaGoblin
Asia Appears to be Fastest to Adopt GNU/Linux
the home of a considerable majority of the world's population
Alexandre Oliva's LibrePlanet 2024 Talk About "Software Enshittification"
in spite of technical difficulties encountered while recording
What They Used to Do With Mono They Now Do With Systemd (Lower and Deeper Down Than Userspace)
Now we have a project started primarily by Red Hat (and managed by Microsoft GitHub, which is proprietary) being managed by Microsoft and primarily serving Microsoft and IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 28, 2024
IRC logs for Friday, June 28, 2024
Links 28/06/2024: Kangaroo Courts and Patents Spam, EFF Still Fighting for CPC's TikTok (a Digital Weapon)
Links for the day
Links 28/06/2024: Overton window and Polarization
Links for the day
[Meme] In 50 Years...
Microsoft's Vista 11 will take 50 years to be fully adopted
Only About 1 in 8 Russian Windows Users is Using Vista 11
it looks like over the past 12 months Vista 11 hardly grew and it remains very low at around 12% of Windows usage in Russia
Links 28/06/2024: More Attacks on the Press, More Censorship in Russia
Links for the day
Gemini Links 28/06/2024: Christmas Prematurely, Self-hosting
Links for the day
IBM: So Long, Suckers. Your Free OS is Now Proprietary. Pay IBM or Else.
almost exactly a year after turning RHEL into proprietary software
Vista 11 is Doomed and Despite Lack of Adoption Microsoft Already Speaks of Vapourware ("12")
"Microsoft has pulled a Windows 11 update after users reported boot loops and startup failures."
ChromeOS Reaches Highest Share in Years at the World's Most Populous Nation, Windows Now at All-Time Low of 13%
We're talking about India today
[Video] "It Is Incredible That Julian Assange Survives"
There was a positive and mutual relationship between Wikileaks and Dr Jill Stein
Never Assume That Because the Law Exists the Powerful Will Follow the Law
Who's going to hold them accountable now?
Nearly a Month Has Passed and Nobody at the Debian Project Even Attempted to Explain What Seems Like Back-dooring of Debian (and Hundreds of Distros That Are Debian-Derived)
I can cynically guess that only matters when a user with a Chinese name does it
[Video] Julian Assange Explains Wikileaks' Logistics
predating indefinite detention
IBM Was Never the "Good Guy", Just a Self-Serving and Opportunistic Money- and Power-Hungry Monopolist, Living Off of Taxpayers' Money (Government Contracts)
The Nazi Party of Germany was its second-biggest client at one point and now it's looking to profit from the work of slaves
"I Hated Working at IBM. They Were the Most Unfriendly People."
Don't forget what Watson the son did to a poor woman on a plane
State of the News (and Depletion of Journalism Online, Not Just Offline)
Newspapers are not coming back and the Web is not coming back either
GNU/Linux Consolidates in North America
Android rising a lot this year, too
[Meme] More Monopolies Granted While Patent Examiners Die (Overworking for Less Compensation)
Work more; Get less
Staff Union of the EPO (SUEPO) is Taking the New Pension Scheme (NPS) to an International Tribunal (ILOAT)
SUEPO wants more EPO staff to participate in collective action
Stella Assange and the Legal Team Speak to the Media a Day After WikiLeaks Founder Julian Assange Arrives in Australia
Published yesterday by a number of mainstream publishers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 27, 2024
IRC logs for Thursday, June 27, 2024
RIP Daniel Bristot de Oliveira, Red Hat death
Reprinted with permission from Daniel Pocock