This is a question that’s of particular interest to me and, judging by the number of subscribers Amazon Prime boasts, it may be applicable to many of you as well. (They claim to have 112 million subscribers just in the United States, which is more than 1/3 of the population of the country.) If you use Amazon Prime there’s a fair chance that you’ve purchased some movies or television series from them. But when you do that, do you truly “own” the content? That’s the question at the heart of a lawsuit currently playing out in California. You may think you do, but Amazon is claiming otherwise. (Hollywood Reporter)
Amanda Caudel in April sued Amazon for unfair competition and false advertising. She claims the company “secretly reserves the right” to end consumers’ access to content purchased through its Prime Video service. She filed her putative class action on behalf of herself and any California residents who purchased video content from the service from April 25, 2016 to present.
On Monday, Amazon filed a motion to dismiss her complaint arguing that she lacks standing to sue because she hasn’t been injured — and noting that she’s purchased 13 titles on Prime since filing her complaint.
There are two elements to Amazon’s denial and request to dismiss the suit, and one of them may actually have some merit. In order to bring a lawsuit such as this, the plaintiff needs to demonstrate that they’ve suffered harm at the hands of the defendant. Amanda Caudel hasn’t been able to show that any of the content she purchased has become unavailable, so she may not actually have standing in this case.