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Amazon Kindles in the Public Library: Contract Issues

On a day of grappling with other digital publication contract issues, I saw this:

?Is It OK for a Library To Lend a Kindle?
Norman Oder -- Library Journal, 2/7/2008

? Terms of Service say no
? Amazon hasn?t requested that Sparta PL stop
? Beyond that, is it worth it?

Our report that the Sparta Public Library (SPL), NJ, had begun to lend Amazon.com?s Kindle ebook reading device has inspired some other librarians to consider Kindles?and to discover that the Terms of Service bar a user who wishes to "sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any rights to the Digital Content or any portion of it to any third party."

However, as librarian Rochelle Hartman reported on her Tinfoil + Raccoon blog, Amazon.com customer service agents have provided contradictory information. Amazon spokesman Drew Herdener told LJ that a loan of a Kindle without content is OK but sharing a device loaded with content "with a wide group of people would not be in line with the terms of use."?.?

Full article, here.

It?s tough being first :-)

Full post as published by Oregon Legal Research on February 08, 2008 (boomark / email).