This comes up in Koha development all the time.  We support a sizable number
of libraries using Amazon images (and other content) in Koha.  Every now and
again a client reads that same clause and "alerts" us to this threatening
legal snafu.  Josh would have some protracted contact with Amazon's US legal
department and in the end, they don't object, implement blocks or send Cease
and Desist letters.

In a legalistic frame of mind, I would say that the "principal purpose"
clause needs some interpretation to make any sense.  For one, it targets
user intent rather than effect.  Then it depends on the scope of their
"Application".

Then there are simple questions like:

   - do they expect my website to be more interesting and more informative
   with AWS?
   - do they expect me as a website owner to be *more* concerned with
   driving traffic to Amazon than my own content and traffic?

The clause says yes, but can't actually mean it.  And, in fact, it isn't
enough to drive traffic to Amazon... it has to be "driving traffic to the
Amazon Website *and* driving sales".  This gives you a clue as to their real
intent: they want to prohibit commercial competition from jacking their
content.  And they don't want you to think you deserve a bigger cut, or
complain that "no, I only used AWS because I wanted to BAN that book.
Therefore you must forfeit sales from people linking from my site."

So you can still fit inside their overwrought language if you define the
jacket-images-from-Amazon part to be it's own "Application" and honestly
include the link back to them somewhere, and understand that they intend to
take linkers and try to sell them stuff.  That's the purpose of the link.

In our case, it isn't a big threat.  We know they know they get traffic from
us, including people who specifically want a given title that is currently
unavailable at their local library, i.e. high-value traffic.  If they want
to throw the switch and implement a block, clients will start driving
traffic to Google (or fill-in-the-blank) instead.

--Joe,
LibLime

On Mon, Mar 16, 2009 at 4:03 PM, Kyle Banerjee <[log in to unmask]>wrote:

> Yah, but same could be said for Amazon. From
> http://aws.amazon.com/agreement/
>
> 5.1.3. You are not permitted to use Amazon Associates Web Service with
> any Application or for any use that does not have, as its principal
> purpose, driving traffic to the Amazon Website and driving sales of
> products and services on the Amazon Website.
>
> Maybe libraries are under the radar, and maybe Amazon doesn't care,
> but getting addicted to this stuff is not without risk. If the load
> ever became something they cared about, they could turn it off in a
> snap.
>
> kyle
>
> On Mon, Mar 16, 2009 at 12:53 PM, Jonathan Rochkind <[log in to unmask]>
> wrote:
> > You can get cover images from worldcat? How?  I'm pretty sure the
> worldcat
> > ToS specifically disallow you from re-using those covers, even if you are
> > managing to get them via machine access somehow.
> >
> > Lynch,Katherine wrote:
> >>
> >> Going along with Jonathan Rochkind, Amazon does a good job of supplying
> >> some movie images.  Also in general, WorldCat, if that's an option to
> >> you.  For a good example of wealth/response time, check out Gabe's video
> >> search:
> >> http://www.library.drexel.edu/video/search
> >>
> >> ---
> >> Katherine Lynch
> >> Library Webmaster
> >> Drexel University Libraries
> >> 215.895.1344 (p)
> >> 215.895.2070 (f)
> >>
> >>
> >> -----Original Message-----
> >> From: Code for Libraries [mailto:[log in to unmask]] On Behalf Of
> >> Edward M. Corrado
> >> Sent: Monday, March 16, 2009 2:38 PM
> >> To: [log in to unmask]
> >> Subject: [CODE4LIB] Free cover images?
> >>
> >> Hello all,
> >>
> >> We are reevaluating our source of cover images. At this point I have
> >> identified four possible sources of free images:
> >>
> >> 1. Amazon
> >> 2. Google Books
> >> 3. LibraryThing
> >> 4. OpenLibrary
> >>
> >> I know that their is some question if the Amazon and Google books images
> >>
> >> will allow this (although I've also yet to hear Amazon or Google telling
> >>
> >> libraries that use their Web services for this to cease and desist).
> >> However, besides that issue, has anyone noticed any technical problems
> with
> >> any of these four? I'm especially concerned about slow and/or
> non-consistent
> >> performance.
> >>
> >> Edward
> >>
> >>
> >
>
>
>
> --
> ----------------------------------------------------------
> Kyle Banerjee
> Digital Services Program Manager
> Orbis Cascade Alliance
> [log in to unmask] / 503.999.9787
>