Bloggers Weigh In on the Kindle Swindle and New Fraud

Our story and Mike Essex’s original post have sparked discussion across the Web (oh yeah, and the spammers weighed in too).

Ben Metcalfe wonders why Amazon “continues to prioritize on penalizing its customer base [shutting down sites like Lendle, for instance] while practically ignoring the rampant content abuse and fraud that is going on further up the chain within its own house.” Of course, as Making Light points out, “there isn’t any pressure on Amazon to stop ‘em, since they get their cut regardless.”

Bruce Schneier notes that in addition to publishing spam content, a second type of fraud is also possible on the Kindle Store: “stealing a book and selling it as an ebook. So someone could scan a real book and sell it on an ebook site, even though he doesn’t own the copyright. It could be a book that isn’t already available as an ebook, or it could be a ‘low cost’ version of a book that is already available. Amazon doesn’t seem particularly motivated to deal with this sort of fraud. And it too is suitable for automation.”

In fact, at least one author has already reported his content stolen and posted on Amazon by someone else. S.K.S. Perry found his Darkside for sale on the Kindle Store–but he wasn’t the one selling it. “All I can assume is that someone convinced Amazon that they were S.K.S. Perry, and submitted my book for sale. I have no idea how hard that is to do, or what steps Amazon uses to verify that you in fact have the right to sell whatever book on their site, but obviously in this case their process has failed. Amazon has a copyrite email addy to address this very kind of thing, and I’ve contacted them to let them know, but as yet I’ve heard nothing back.” In the absence of a response from Amazon, Perry fans have taken to the stolen book’s Kindle page to report that the author was ripped off. In a comment titled “A real-life thriller,” Harold Frances Jenkins Jr. writes, “This is the book that asks the question: ‘How will Amazon react when it learns that an author’s work has been made available as a Kindle download without his permission?‘ And ‘How quickly will Amazon resolve this situation?’ We’ll all have to stay tuned to see how this story ends.”

Well, here’s what’s happened so far: After e-mailing Amazon’s copyright e-mail address to complain, Perry still hasn’t heard back from Amazon. So he decided to try uploading Darkside and its sequel to the Kindle store himself, under his own account. He then received this e-mail from Amazon: “1. State that you are the author of this title — and, if the name on your account does not match the name of the author of the title, please provide an explanation. 2. State that you hold the eBook publishing rights to this title – and provide any documents you have from the author (or other copyright owners) of the titles which confirm your eBook rights. Alternatively, if you are affiliated with or are the physical book publisher please provide a statement or resource verifying this.” Presumably the person who posted the book originally received this e-mail as well.

Guess what? Amazon is now selling both Perry’s edition of his own book and the stolen edition. “That’s right, Amazon allowed the same book—written by the same author—to be published on their site under two different accounts and ASIN numbers.” Meanwhile, 9 days after filing his original complaint Perry still has not heard back from Amazon.

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12 Comments

  1. Apr 5, 201112:50 pm
    Scott Morrow

    And to make matters even worse, when I, as a friend of S.K.S. Perry wrote to Amazon asking why they were selling my friend’s book without his authorization, I got an email back from an Amazon CSR stating ” Darkside, by S.K.S. Perry is available for download as a Kindle ebook. Here is the link: ….” followed buy a link to the pirated ebook!

  2. Apr 24, 20111:59 pm
    mac

    i suppose the glaring message here is to stay from amazon. no help that, to Mister Perry right now but it seems. odd, given we live in a world of instantaneous and universal communication, that no one has organized a boycott or some such until amazon cleans up their act or someone does it for them.
    of course we all know this was inevitable as there is money to be stolen and no dearth of those willing to oblige. c’est la vie.
    as i don’t know how these things work i have no answer except to wish S K S the best of luck and some justice in his pursuit.

  3. May 3, 20112:08 pm

    The vanguard of web professionals consists of people who believe that automation and algorithms can do a better job of most everything online — from marketing the products you want to buy to vetting the ebooks you want to upload to sell. And they cost a fraction of employing armies of humans to do the job! Meanwhile armies of humans are out of work … and Amazon can’t be reached for comment, in all likelihood because this problem hasn’t yet percolated up to the attention of one of the few humans the company actually employs.

  4. May 10, 20118:48 pm

    I found 3 cases of Kindle e-books that are my copyright material stolen from my free e-books on my website and notified Amazon about this. Amazon has not taken these 3 e-books off their sytem and continues to profit from this. In my opinion Amazon is a party to this type of behavior and actually encourages it. If Amazon operated out of total integrity, excellence, and decency, they would have their own employees checking to make sure that anyone posting a Kindle ebook actually owns the copyright material. But no, they won’t even remove the e-books when notified that the material has been stolen from the author who actually created the material. Eventually, however, Amazon will have cheapened themselves so much that many people will no longer buy ebooks from them. They will also have discouraged many authors from creating material if it can be stolen by someone else and this someone else can place it on Amazon an profit from it. In short, Amazon’s behavior

  5. May 11, 20118:55 am

    I found Amazon to be the most responsible copyright agency I’ve dealt with. When I found that somebody had republished one of my eBooks (also on my website) as a Kindle book, I e-mailed that copyright address and they responded AND removed the copyright infringement within 24 hours. The infringement had a sales rank in the thousands, so it was selling a few copies a day.

    The least responsible and most problematic company on copyright infringement is Google. It takes them more than a month to respond to DMCA requests, and they always attempt to do the minimum, removing single pages from the index when entire sites are nothing but infringements.

    On the fraud products on Amazon, I agree. I’ve seen hundreds of Kindle eBooks which are the equivalent of spammy “information products” and they are often buttressed by tons of fake reviews. It’s both amusing and saddening to check out all of the reviews of some of these anonymous reviewers and find that they repeat over and over again in similar combinations, often on eBooks that don’t even have a listed publisher.

    One of the more successful scams I’ve seen is people who knock off famous titles by adding a subtitle, like (made up for example) “The Godfather: A Further Story”, which will be a couple pages from WikiPedia or the like. It’s most common with nonfiction self-help titles. Amazon will remove these if you contact them, but I don’t need another unpaid job:-)

    Morris

  6. Aug 15, 201112:17 pm
    Dave Bell

    Assuming you’re talking about the US site, I reckon the things to do him hit Amazon with a DMCA take-down notice.

    It’s a rather specific process, and an email may not be enough, but the requirements are pretty clear.

    There are plenty of DMCA templates out there.

    I hope this link works

    You should be using copyright@amazon.com for email, but I’m not sure how I’d go about the “electronic signature” requirement. A written letter is slower, but I know how to sign one of those.

    Oh, and if Amazon don’t follow the DMCA processes, they do become liable. But neither you nor the infringer are hidden from each other, and if a counter-claim were made, it gets messy.

  7. Jul 27, 20122:13 pm
    Casey

    Hi
    My father is having this same issue with his book. He has contacted Amazon numerous times to no avail. He will be contacting and attorney this week.

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