Scott Bradner has some interesting thoughts on the recent Kindle dust-up and relates it to other cases of “different rules”:
The underlying issue here is that Amazon, among many others, see the rules for digital as different than those for other things. It would never have crossed Amazon’s collective mind to grab a physical book from you if the company had shipped you one that it did not have the right to sell. But, maybe because it could, Amazon just did what it has the ability to do without thinking to see if the ability to do something automatically meant that it was the right thing to do.
Amazon is not alone in confusing the ability to do something with the idea that it is the right thing to do. It would be inconceivable that the U.S. Post Office would be required to make and save a record of who sent and received every letter it handled. Yet, just because it can be done, a number of law enforcement officials have called for laws that require ISPs to do just that with e-mail.