Once you pay for an e-book on Amazon, it has been licensed, not sold to you, according to the company's terms of service. This gives the company a lot of leeway in deciding what you do with a purchased e-book. The terms of service explicitly forbid bypassing the DRM and reading it on devices or apps that Kindle doesn't officially support. //

The legalities involved in bypassing DRM
Bypassing DRM is illegal in the US, thanks to the DMCA (Digital Millennium Copyright Act), but it may be legal in other regions. The DMCA, among other things, makes it difficult to create a legal backup of the digital media you own. I reached out to Cory Doctorow, an author and vocal DRM critic, to learn more about this subject.

In an email, he explained the complexities involved in understanding where the boundary lies here. "It isn't a copyright infringement to move a book from one device you own to another ([aka 'format shifting']). However, in 1998, the US Congress passed the Digital Millennium Copyright Act (DMCA), which created a new kind of copyright—a copyright that protects DRM itself," Doctorow wrote. "Under Section 1201 of the DMCA, it's a felony (punishable by a [five]-year prison sentence and a [$500,000] fine) to give someone a "circumvention device" that defeats an "access control" for a copyrighted work. This law applies even if you don't violate copyright.

"Say I tell you that you have my permission to move a book I wrote (and am thus the copyright holder for) from your Kindle to another device. If the Kindle book has DRM, you're still not allowed to move it. The fact that I am the copyright holder has no impact on whether Amazon—a company that didn't create or invest in my book—can prevent you from moving that book outside of its walled garden...In fact, if I supply you with a tool to remove DRM (like some versions of Calibre), then I commit a felony and Amazon can have me sent to prison for five years for giving you a tool to move my book from the Kindle app to a rival app like Kobo," he wrote.

When you download a Kindle e-book, it's available in the AZW format, and audiobooks from Audible use the proprietary AAX format. If you download these to your computer, that is format shifting, but it may be illegal if you had to circumvent DRM to do it. Doctorow added, "that means that even though copyright law says you can format shift your books, music, videos, games, [etc.], DMCA 1201 (a "paracopyright law") makes this an imprisonable felony if you have to break DRM first." //

However, without changing the DMCA, we can't expect to see real, lasting change in this space. Doctorow said as much to me: "What we really need to do is get rid of DMCA 1201, that law that makes it a crime to format shift your media...it's the same law that stops farmers from fixing their tractors, blocks independent mechanics from fixing your car, stops rivals from setting up alternative app stores for phones and games consoles...this law is a menace!"