Amazon is facing a lawsuit filed by a California woman over the hypothetical idea that Prime Video may delete certain purchased titles in the future. Amanda Caudel sued Amazon in April for false advertising that users own movies purchased on Prime Video, when really the streamer could delete the titles at any time, reports The Hollywood Reporter.
Amazon’s response is clear and even stated in its terms of service, that users who purchase content are actually buying a limited license for “on-demand viewing over an indefinite period of time.” This is standard procedure for similar platforms like iTunes and the Microsoft Store, who disclose in the buyer’s agreement that certain movies or books may not be available for re-download in the future.
Caudel’s case was filed back in April, suing Amazon on behalf of anyone in the state of California who has purchased digital content from Prime Video since 2015. But Amazon has dismissed her complaint saying the terms of service are all there in black and white, whether Caudel bothered to read them or not.
“The most relevant agreement here — the Prime Video Terms of Use — is presented to consumers every time they buy digital content on Amazon Prime Video,” writes Biderman. “These Terms of Use expressly state that purchasers obtain only a limited license to view video content and that purchased content may become unavailable due to provider license restriction or other reasons.”
“An individual does not need to read an agreement in order to be bound by it,” writes Biderman. “A merchant term of service agreement in an online consumer transaction is valid and enforceable when the consumer had reasonable notice of the terms of service.”
Caudel has purchased 13 titles on Prime since filing her complaint.