Wednesday, December 5, 2007

History is Programmed by the Victors

Verrrrrrrrrrrrrry interesting blog post by Mark Pilgrim over here on the future of reading. I especially like the way that Jeff "Do you like my fancy hat? It is made of MONEY!" Bezos' oh-so-magnanimous words from five years ago directly contradict the terms of service that his dream device, the Kindle, bear heavily with it.

You know, I actually thought about getting one of those, but now... no. Not after reading over the TOS briefly. Here's a few choice tidbits.

Definitions. The following terms apply to the Device and to (a) all software (and the media on which such software is distributed) of Amazon or third parties that is pre-installed on the Device at time of purchase or that Amazon provides as updates/upgrades to the pre-installed software (collectively, the "Device Software"), unless you agree to other terms as part of an update/upgrade process; and (b) any printed, on-line or other electronic documentation for such software (the "Documentation"). As used in this Agreement, "Software" means, collectively, the Device Software and Documentation.
Automatic Updates. In order to keep your Software up-to-date, Amazon may automatically provide your Device with updates/upgrades to the Software.

Information Received. The Device Software will provide Amazon with data about your Device and its interaction with the Service (such as available memory, up-time, log files and signal strength) and information related to the content on your Device and your use of it (such as automatic bookmarking of the last page read and content deletions from the Device). Annotations, bookmarks, notes, highlights, or similar markings you make in your Device are backed up through the Service. Information we receive is subject to the Amazon.com Privacy Notice.

Changes to Service. Amazon reserves the right to modify, suspend, or discontinue the Service at any time, and Amazon will not be liable to you should it exercise such right.

Termination. Your rights under this Agreement will automatically terminate without notice from Amazon if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Software and Amazon may immediately revoke your access to the Service or to Digital Content without notice to you and without refund of any fees. Amazon's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

Amendment. Amazon reserves the right to amend any of the terms of this Agreement at its sole discretion by posting the revised terms on the Kindle Store or the Amazon.com website. Your continued use of the Device and Software after the effective date of any such amendment shall be deemed your agreement to be bound by such amendment.
So basically, if I read that right, they can turn off your service at any time, without notifying you, for breaking rules that you might not have known existed.

It also says to me that they can and will keep tabs on what you read, how you read it, what passages you choose to hilight, or not, what pages get bookmarked, or not... and that has all sorts of nasty potential if they choose to hand that info over to the government, or anyone else interested in your reading habits, no matter what their much-vaunted Privacy Notice might say.

The validity and integrity of a corporate entity's Privacy Policy is inversely proportionate to the level of scrutiny that company is being subjected to at any given point.

At least, that's how I feel on my more distrustful days, and yet like the rest of the people out there using the intertron or making use of credit and debit cards at local shops, I do it anyway... So I really don't have room to bitch, now do I?

Of course I do. It's my blog, so this is my room, and I can bitch here if I want to. Yes, it is something of a hypocrisy, but the alternatives are:

  • Pay someone an exorbitant and embarassingly large stack of cash to erase my existence from all databases.
    • Drawback: Can't be sure they got everything.
    • Drawback: Can't be sure they actually did ANYTHING.
    • Drawback: I just handed over an exorbitant and embarassingly large stack of cash that I could've used for other purposes. Oy, I'm a schmuck.
  • Start dealing in cash-only for all transactions.
    • Drawback: Not feasible for everything that needs to be done.
    • Drawback: You start looking like one of those crazy-ass Montana Militiamen.
    • Drawback: Your ass gets a dent from how big your wallet has to be.
    • Drawback: If someone breaks into your house and makes off with your stash, you sir, are PWNED.
  • Become a hermit in a cave and live off legumes and rock moss for the rest of my life.
    • Drawback: My wife would kill me for even suggesting this.
    • ...Do I need to go on after that one?
...In any case, after thirtysomething years of life, the damage has been done. It's the price of living in the modern world, unfortunately.

However... I digress. The thing that bugs me the most about that TOS is this section:

Definitions. The following terms apply to the Device and to (a) all software (and the media on which such software is distributed) of Amazon or third parties that is pre-installed on the Device at time of purchase or that Amazon provides as updates/upgrades to the pre-installed software (collectively, the "Device Software"), unless you agree to other terms as part of an update/upgrade process; and (b) any printed, on-line or other electronic documentation for such software (the "Documentation"). As used in this Agreement, "Software" means, collectively, the Device Software and Documentation.
Automatic Updates. In order to keep your Software up-to-date, Amazon may automatically provide your Device with updates/upgrades to the Software.
Notice how the books you buy and the news you read also counts as the "Software" and may be updated at any time?

I get an icy feeling in my gut when I think about that, I really do. When my unholy spawn grow to an age where they can start reading, I want the books they read to be the same ones I read, and I want them to be the same books, if you catch my drift. No massive newthink, no Newspeak.

Call me an old-fashioned Gaia-hating tree-cutting Bambi-killing baby-eating motherless son of an oil-burner and send Captain Planet after me if you want to, but I think that books should be on paper for just that reason. You can't update paper over the intertron to suit the political whims of the time.

I don't think Mr. Bezos has malice in his heart, I really don't... but I also know that given the way that things tend to go, he's not going to be able to maintain complete control over it forever, and one day it's going to become a common, open technology.

One day, it will be how everyone reads their books.

One day, maybe Old Yeller won't get shot. Ender won't rebel against his government masters and keep one last egg. Frodo might decide to give up his foolish rebellious ways, submit to the benevolent rule of Lord Sauron, and just hand the Ring of Power over.

One day, maybe Tom Sawyer and Huck Finn will be ideal, obedient children who do everything their parents and The State tell them to.

Hell, maybe one day, nobody will have ever heard of Fahrenheit 451. That'd be irony for you. It might also be the best way for them to hide what they were doing.

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