The act of digital lobotomy

Hugh D’Andrade‘s article on the Electronic Frontier Foundations web site, Orwell in 2009: Dystopian Rights Management, shows how Amazon have fulfilled in part the provocative predictions made by Mark Pilgrim in his blog in November 2007 The Future of Reading (A Play in Six Acts).

In the sixth act, ‘Act VI: The act of learning’ Mark Pilgrim quotes from the Kindle Terms of service (still accurate at the time of writing this blog entry):

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, Kindle Terms of Service

Suppose I was the kind of modern, 21st century learner who augmented their memory with notes and annotations on electronic devices such as the Kindle?

Suppose I was the kind of professional who carried their digital notes to work to augment my performance in real-life work situations?

Both of these augmentations would be out of my control if I subscribe to Amazon’s conditions and  slip up – even if I did not stray from their compliance, their recent act could be tantamount to a lobotomy…

Regardless of my rights, my augmented mind is being controlled…

UPDATE 31st July 2009

A student is suing for loss of learning – from the lawsuit:

“28. As part of his studies of “1984,” Mr. Gawronski had made copious notes in the book. After Amazon remotely deleted “1984,” those notes were rendered useless because they no longer referenced the relevant parts of the book. The notes are still accessible on the Kindle device in a file separate from the deleted book, but are of no value. For example, a note such as “remember this paragraph for your thesis” is useless if it does not actually a reference a specific paragraph. By deleting “1984” from Mr. Gawronski’s Kindle 2, this is the position in which Amazon left him. Mr. Gawronski now needs to recreate all of his studies.”

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