E-books from Borders.com

[saverio36]

What is the name of your state (only U.S. law)? Puerto Rico.
I cannot read my E-Book from Borders unless I'm logged in with their library. Is it legal this constraint?
When I bought my E-book from Borders web site, it says that it will be downloaded on my laptop [I choose that option]. It also downloaded a software that it was required in order to read it, but never thought it needs to connect online in order to access the copy of the book I bought. It seems I bought a book that I never took home with me, and the only way I can read it is by going to the store. Or better, imagine you download a song that you need to sign in online with your "media player" in order to listen to it and be at the mercy of a connection. Where is the transfer of property for the copy I pay? I would like to know what forum should I bring this matter. I don't know if an issue like this is cover under the Electronic Commerce Act and if the FCC or Federal Trade Commission have any say on this matter. Could this be a matter that needs to be dealt at the Federal Court? Any legal opinions will be appreciate. Thank you in advance!!!

 

[swalsh411]

Pretty simple. If you don't like the terms and conditions, or for whatever reason find it difficult/inconvenient to use, stop using the service and don't buy any more e-books. All of the restrictions were disclosed to you before you made a purchase. You cannot sue to force Borders to conform to what you believe the features of their service should be any more than you could sue to force a clock manufacturer to make all their clocks function underwater.

edit: There are thousands if not millions of public domain books available for free online in PDF format with no restrictions.

 

[Zigner]

Isn't Puerto Rico in another country? US law only.

It's considered a US Territory. As such, it is appropriate for this forum.

 

[JessiesGirl30]

Sorry Zig, my brain died today. The AZ heat ya know .

I deleted my post then saw you posted. I have always done poorly in geography in school. Guess I should have paid more attention....

 

[saverio36]

"E-book"

Okay. Thank you. Now, what do you do with the apparently misleading term "download" on their web advertising of the service? And yes, "disclosures" written in a legal language that do not reflect your average "Joe" level of comprehension. As you mentioned, there are millions of websites that offer this service "E-books downloads", and you will think for the average "Joe" he will understand for a "download" exactly what have been the adopted meaning of the term and market practice..., not some new skewed definition of the term or service.

 

[Mass_Shyster]

Okay. Thank you. Now, what do you do with the apparently misleading term "download" on their web advertising of the service?

You can sue them for misrepresentation. I don't think you'll be able to prove that they actually misrepresented the product.

The real question is: what are your damages? How much does it cost you to be online while reading the book? (If that is the issue).

 

[cosine]

Pretty much everything I have downloaded works fine even when I am not connected online. They better be making that clear in their terms and conditions. If it is not there at all, you might have a case. If it is obscure, it's probably more a consumer complaint issue (e.g. see consumerist dot com and such places) than a legal one. But it is becoming more and more expected that people be online to do things, even though still nearly a third of the US population doesn't even have access to reliable continuous internet (e.g. stuck with dialup, or in locations with lousy providers, etc). Even my own internet connection has been known to go out for days at a time (it did, back in February, for 6 days in one stretch, and 14 days total) when bad weather hits (major blizzard in my case ... a hurricane could be the issue for you in PR).