Apparently Amazon takes the position in their contract with publishers that they are merely a delivery service and not a publisher. This I would think is intended to immunize them from certain legal matters over the contents of the books they are distributing. One version annotated by a writers' group of the 2008 contract may be seen at http://www.sfwa.org/wp-content/uploads/2009/07/Amazon_digital_publication_distribution_agreement_annotated_v3_080329.pdf
It appears that the current version of the contract that Amazon asks publishers to sign is here http://forums.digitaltextplatform.com/dtpforums/entry.jspa?externalID=2&categoryID=12
So is Amazon a publisher. I think that this is a legal question that I am not qualified to answer. But it is certainly an interesting one.
David Gaynon
Huntington Beach CA
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