Kindle News: Amazon announces more on the eBook pricing settlements. What it means, what's next with Apple's part?

Amazon announcement about "eBooks Settlements"

An announcement came in our emails today and in Amazon's Kindle Forum late last night (Friday, Aug 30, by David A., Forum Moderator), but some don't always see their emails and most don't know about the Kindle Forum, so I'm quoting the info, as written, here (emphases via italics are mine), as their announcements are meant for wider circulation.

' Last fall we notified eligible Kindle customers that they may be entitled to a credit for some of their past Kindle book purchases as a result of legal settlements between several major book publishers and the Attorneys General of most U.S. states and territories.  Since then, two more publishers have settled and these new settlements have increased the amount of the credits customers will receive.

Eligible customers will not need to do anything to receive this credit. If the Court approves the settlements in December 2013 and there is no appeal, a credit will appear automatically in eligible customers' Amazon.com accounts that can be used to purchase Kindle books or print books.

  We will notify eligible customers when the credit is applied to these accounts. While we will not know the amount of each customer's credit until the Court approves the settlements, it is estimated that it will range from $0.73 to $3.82 for every eligible Kindle book that was purchased. To be eligible, customers must have a U.S. billing address and must have purchased a Kindle book published by Hachette, HarperCollins, Simon & Schuster, Penguin or Macmillan between April 1, 2010 and May 21, 2012.

These publishers will provide the funds for the settlement. You can learn more about the settlements at http://www.amazon.com/help/agencyebooksettlements.

We think these settlements are a big win for readers because they will return over $165 million directly to customers and they also impose limitations on publishers' ability to raise eBook prices.

Thanks for being a Kindle customer. '

And this is before any settlement related to the DoJ-Apple case and Judge Denise Cote's 'remedies' to be announced this coming week, as well as whatever happens in connection with Apple's responsibilities with regard to the several antitrust lawsuits brought by a coalition of state Attorneys General and by a Plaintiff Class.

  The July 10, 2013 Wall Street Journal article (written by Chad Bray, Joe Palazzolo and Ian Sherr, with contributions from Jeffrey A. Trachtenberg and Jacob Gershman) reported on federal judge Denise Cote's ruling that Apple had colluded with five major U.S. publishers to drive up the prices of e-books.

  The WSJ report explains that, "As a result of the ruling, Apple is exposed to "as-yet undetermined damages and opens the door for the Justice Department to take a closer look at its other business lines."

  The DOJ's proposed remedies, including their revised proposal about a week ago, are likely to be met by a somewhat softer approach by the judge, who would prefer to not interfere with Apple's day-to-day business dealings as much as the DoJ proposes.

  Apple's response to the ruling is that they've "done nothing wrong" and they're appealing the ruling.  While the Big5 publishers and Apple have 'explained' that they were working against a monopoly power (Amazon) to make the e-book market more competitive, the WSJ team writes, "... the ruling raises questions about the leverage Apple may have when negotiating future content deals" since they are known to drive hard bargains.  What's important:

' "Under antitrust law, you can not only prevent the unlawful conduct, but also prevent other conduct that can lead to a similar result," said David Balto, former policy director at the Federal Trade Commission.

Because Apple was found liable for violating U.S. antitrust laws, a separate trial on damages will take place in a lawsuit against the company brought by 33 state attorneys general, who are seeking to recover money on behalf of consumers who paid higher prices for e-books.
  Apple also faces a private class-action suit alleging price-fixing.   The private plaintiffs could recover damages from Apple, provided their legal claims are distinct from the states'. '

At any rate, the credits for individual books appear larger than most had been expecting.

REMINDER These are the last two days -- 11:59 pm on September 1 is the ending date -- for the large Kindle Fire tablet discounts available for college students who have, or who join, the Prime membership program for $39/yr, with free access to something like 18,000 instant videos and the ability to borrow one book a month from the 400,000+ Kindle books Prime Lending Library (Link is (http://amzn.to/kprimebooks ), with no waiting times or due dates.


Image credit: readingebooks.net


Related articles
TIMELINE:  Ebook Pricing Wars - what DOJ would have seen.
Also, History of the e-book pricing wars
  and some recent articles:
  DOJ, Apple, and Judge Cote -- status, as of August 27
  Links to the latest stories that were written after the blog article here on August 12 about DOJ recommendations and Judge Cote's consideration of proposals for remedies in the e-book pricing case.
  1. Citing Steve Jobs email, DOJ claims Apple changed in-app purchase to retaliate against Amazon - by Laura Hazard Owen for GIGAOM
  2. E-Books Judge Pledges to Avoid Unnecessary Intrusion Into Apple's Business - by Julie Clover for MacRumors
  3. Apple E-Books Judge Cote Says She’ll Limit Antitrust Remedies - by Bob Van Voris for BloombergBusinessweek
  4. Apple says tempered e-book penalties still go too far - by Joan E. Solsman for CNET.

Judge Cote said that she'll sign a final order spelling out the remedies next week.

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Current Kindle Models for reference, plus free-ebook search links.

US: Updated Kindle Fire 2 Basic  7" tablet - $159 Kindle Fire HD 7" 16/32GB - $199/$229 Kindle Fire HD 8.9" 16/32GB - $269/$299 Kindle Fire HD 8.9" 4G 32/64GB - $399/$499 Kindle NoTouch ("Kindle") - $69/$89 Kindle Touch WiFi - $99 Kindle Paperwhite, WiFi - $119/$139 Kindle Paperwhite, WiFi+3G - $179/$199 Kindle Keybd 3G - $139/$159, Free slow web Kindle DX - $379 $299 (Yes)

UK: Kindle Basic, NoTouch - £69 Kindle Touch WiFi, UK - ~£89 Refurb'd Kindle Keyboard 3G, UK - £149   Keybd: w/ Free, slow 3G WEB Kindle Paperwhite, WiFi - £109 Kindle Paperwhite 3G, UK - £169 Kindle Fire 2, UK -  £129 Kindle Fire HD 7" 16/32GB, UK - £159/199 Canada - Kindlestore, CDN-$ Kindle Basic, NoTouch - $79 Kindle Paperwhite, WiFi - $129 Kindle Paperwhite, 3G - $199 Kindle Fire HD 7" - 214.00 KFire HD 7" $214,  8.9" $284

*OTHER Int'l pages* Kindle NoTouch Basic - $89 Kindle Keybd 3G - $189   Keybd: w/ Free, slow 3G WEB Paperwhite WiFi $139, 3G/Wifi $199 KFire HD 7" $214,  8.9" $284 France Boutique Kindle Deutschland - Kindle Store Italia - Kindle Store Spain - Tienda Kindle Brazil - Amazon BrazilRp China - Amazon China [?] Japan - Amazon Japan

[College students with Prime membership: discounts of up to $70 off Kindle Fire tablets until just before midnight Sept 1.]

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Kindle News: Apple/DoJ Lawsuit Judge mulls proposals for remedies in e-book pricing case - Updated

DoJ/Apple case: Judge Cote proposes ways to prevent further collusion and high e-book prices in near future

Judge Cote, to no one's surprise, denied Apple a stay of all proceedings pending its Appeal.

  She further denied "Apple’s proposed schedule for its damages trial, and ordered the parties to finish discovery by the end of December, 2013 with summary judgment motions to be fully briefed by February 28, 2014."

  Apple's lead counsel Orin Snyder received no sympathy from the judge about the "excessively aggressive" schedule.  Andrew Albanese's report in Publishers Weekly is very detailed, and trial watchers will want to read this one.

  The Christian Science Monitor's Molly Driscoll also writes in some detail about all this.

  While the DoJ would like to see the publishers and Apple not just return to the Agency Model and its restrictions on lower pricing in only two years and would prefer that Apple, who did not settle, not be allowed, in the next 5 years, to use the Agency model in that same way (rather than be restricted to only two years).

  Judge Denise Cote doesn't think that latter interval would be necessary but would want separate agreements with individual publishers staggered by months (maybe 6-8 months between) to avoid the kind of collusion noted.

  She added that a monitor appointed by the court that would work with Apple, might not be needed as long as Apple set up a program within the company focusing on antitrust efforts.

' The judge, however, was also unimpressed with the publishers, calling them “unrepentant.”

“None of the publisher defendants have expressed any remorse,” Cote said.

Representatives for Apple and the DOJ will now have meetings to discuss the measures, and Cote has asked for an outline from the two companies on proposed restrictions for Apple sometime this week. '

The Wall Street Journal's Joe Palazzolo explains that Judge Cote made these proposals "during a hearing Friday in federal court in Manhattan, roughly a month after finding that Apple provided five of the largest publishers 'with the vision, the format, the timetable and the coordination that they needed to raise e-book prices' in violation of federal antitrust laws when the company entered the market in 2010."  He adds:

' Judge Cote said she was seeking to impose conditions on Apple that would ensure price competition for e-books without disrupting innovation at the second-most valuable company in the world.

"I have no desire to regulate the App Store," Judge Cote said. '

  A Reminder - The traditional wholesaler arrangement was that the publisher set the Retail or Suggested List Price, and booksellers would pay (guarantee) the publisher 50% of that.
  Now, some of those e-books were set at $26 retail and therefore Amazon paid the publisher $13 while charging $10 for the e-books, taking a loss on those (while taking much better margins on some older e-books).

  Other booksellers could not afford to do the same, but the basic reality is that publishers have no need to charge $26 (!) for an e-book as a retail price. If they set it at even $15 booksellers would pay the publisher $7.50 per e-book sold and take a profit of $2.50 -- no one has to take a loss.

  But this has always been about keeping hardcover, printed books at the higher cost.
 In fact, the publishers had more revenue from the wholesaler method from which to pay their authors but they often obfuscated this, even though at least one publishing house told its authors that with the Agency model the authors would have to take 20% of net profit rather than 25% on e-books.

  The idea has been to keep the hardcover or printbook prices at a higher price level and not to 'devalue' them by allowing e-books to be sold so inexpensively despite the lower cost of producing the the digital versions.  This has been stated often, by the publishers (out loud), but at the same time they also worked to paint Amazon as pricing e-books so low that no other booksellers could do that.  Obviously, that never had to be.  But it's all about traditional printed book pricing and protecting that.

  As with any transition in technology, methods change and pricing along with that.  It's one of those changes in the world order and inevitable battles for survival of older ways.

  Support for the government's case made in the form of Amicus briefs by Kobo (affected badly by Apple's restrictions on in-app links to their store) and by The Consumer Federation of America (CFA).

  Publishers Weekly's Andrew Albanese described the situation.  Publishers Weekly is unusual in that while they are part of the publishing industry, normally aligned against Amazon's pricing mode and their fear that Amazon may eventually be able to set terms less favorable to the larger publishers, their articles are very balanced.  The American Booksellers Association, on the other hand, paints Amazon as the Devil on his worst day and Apple as protective Angel.

  Kobo's retail partner is, ironically, The American Booksellers Association, which is adamantly for the Agency Agreement as it was structured from the start, with its focus on keeping e-book prices high.
  Kobo, though, lost 75% of its new-customer conversions when Apple, in the summer of 2011, suddenly imposed a large fee on the store-linking function in its apps by e-book sellers.  The 30% commission on an in-app book sale would have taken all of Kobo's 30% profit on that sale price.

  The DoJ has proposed that Apple allow the in-app links for the next two years.  Amazon and Barnes & Noble e-book apps would be affected also if Judge Cote decides to go with this.

  The CFA's noted antitrust lawyer David Balto explains why, Albanese adds, the proposed remedy is "not unusual" and is "appropriate" (the details are in the linked article).  The Consumer organization stresses:

'...“the underlying conduct was willful and [Apple] remains unrepentant.” The brief also notes that the DoJ proved “conduct of a sort often prosecuted criminally, that was knowingly orchestrated by defendant’s highest management.”

Failure to take “strong remedial steps” in a case involving such egregious conduct, the brief concludes, would send a message that “antitrust compliance can be an afterthought and that antitrust penalties are merely a cost of doing business.” '

Believe it not, I wrote this blog entry as the 3rd topic for my blog article for today, as I had not posted over the weekend.  As you can see, that would have been an impossibly long entry, but then, so is this one.  I put together bits and pieces of reports I saw but it's not exactly coherent.  If there's anything you'd like clarified a bit more, let me know in the Comments area. Thanks.


Related articles
TIMELINE:  Ebook Pricing Wars - what DOJ would have seen.
Also, History of the e-book pricing wars



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"Have publishers already lost the war over agency pricing?"

Are publishers who raised e-book pricing the past year losing the ebook-pricing war?   I'd like to think so.

 The blog article's subject title is from the headline on the article by Philip Jones at Futurebook.net commenting on the higher-priced e-books not appearing very much in Amazon's topmost besteller lists (UK).

  Actually, he's commenting on The Guardian's article by Sam Jordison on "EU anger over ebook deal suggests hard times ahead for publishers."

  Describing again (1) the circumstances leading to the use of Apple's "Agency Plan" by the Big5 (and now Big6) publishers, which raised e-book prices by 30-50% average, this last year, and (2) the raids by the European Commission on publishing houses in the UK to investigate possible anti-trust violations, seizing not only paperwork but also "smart phones and laptops from senior executives," the Guardian's Jordison sides with the publishers against what he describes as a monopolist Amazon against angelic publishers who are just trying "to get a good deal for everyone."

  They do, however, have the sense to see a valid point in the complaint "The only reality we readers know is that we want to buy the book but can't."

  They continue, nevertheless, "But the fact that customers have a distorted view of how much ebooks should cost is hardly the publishers' fault.  Especially since a new breed of "self-published" authors are starting to sell millions of the things at $0.99 or less on Amazon – which casts an interesting light on the recent declarations about ebooks outselling paper books."

  Imagine that!  But then, new technology has been a problem through the ages for those wedded to older technology and unwilling to adjust to it.

Futurebook's article
Philip Jones thinks that Sam Jordison is an advocate of publishers setting of bookseller prices "but he is concerned that publishers may lose the battle legally, and that they have already lost the battle in the hearts of the consumers."  

Yes, and Jordison might do a bit more wondering about why that is so, and it's not just about pricing.  It also says a lot about what publishers think of their reading customers.  I've seen publisher statements (and reprinted them) that anyone well-off enough to buy an e-reader can afford the high book prices.  (Thanks to Joe Besser for the correction.)

 In marking books up by almost 50% when new, and also OVER the price of their paper back copies too often, they display a real disdain for e-book customers who are expected to spend almost as much OR MORE on a product that cannot be resold, and in most cases still cannot be lent to anyone.

  This goes against the traditional attitude toward books.  The publishers prohibit, for the most part, lending as is normal with paper books, and prohibit entirely re-selling the books.  Yet they price them higher than paperback books, and often only a few dollars less than a hardcover.  And now they're targeting libraries, with e-books to be disabled after x number of loans.  And the latter is with publishers willing to lend e-books at all to public libraries.  Macmillian and Simon & Schuster won't.  Jones points out:

'... publishers such as Hachette, Harper, Penguin, and Simon & Schuster, should be getting their titles into the Kindle charts, even at higher prices.  But I just checked the hourly Kindle chart, and there are no agency priced books in the top 20.  The highest placed title is David Nicholls' One Day (Hodder/Hachette), which also happens to be the fourth most expensive Kindle Edition in the current top 50.

Furthermore, and this is even more worrying.  The average price of paid-for books in Amazon's Kindle top 50 chart today is £1.79.  It is little wonder Guardian commentators [people commenting on the article] think e-books should cost less than agency publishers are making them available: they do.

Read some of the reviews appended to those self-published titles in the Kindle chart, and we could be forgiven for thinking that price has superceded quality in the minds of Kindle users.  This is not just worrying it is tragic.  Agency publishers have a limited period of time to prove Amazon wrong by getting their titles up the Kindle bestseller chart, before the OFT rules one way or another. The concern must be that by then, the war may already have been lost. '

His numbers are from the Amazon UK Kindle store, but in the U.S. the UK site's Kindle book pricing is not displayed except in the Bestseller listings.

Actually, there ARE e-reader customers who give cost a very high weight in the economy we're in today.  Many are also finding quality writing although they may have to dig deep and wide, but when they find it, word of mouth is a huge factor in online book sales.

  The online community is important for those not wanting to wade through it all, and there is actually a way to find quality writing without depending on large publishing houses and publicity machines, to the extent that some writers discovered by price-conscious readers have been offered contracts by large publishing houses; an important trend now is seen in authors who are hesitating to go with the contracts offered, as it may be more beneficial for them to continue to 'self-publish' because the large publishers have not had a reputation for paying the authors/creators what they are due.

  For the Amazon UK customers' rather raw feelings on all this (and publishers should really pay more attention to what is said), see the Agency pricing thread on their Kindle forums.  It's similar to what is seen on the U.S. forums but UK customers are even more angry about it because the increases by the Big5 publishers have been quite outrageous in the UK where general e-book pricing had been lower than it had been Amazon US's Kindlestore.

BESTSELLER E-BOOK listings for UK and US stores
  Here is the current Bestseller listing (paid and free) for Amazon UK,
  and here's the current Bestseller listing for for Amazon US.



Kindle 3's   (UK: Kindle 3's),   DX Graphite

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New Yorker piece on altruistic publishers and devil Bezos

This is an update to the earlier Amazon plays hardball to keep lower pricing option which gives a lot of details with sourcing of statements.

Today, FAIR (a media-watch organization established in 1986) comments on the New Yorker article by Ken Auletta titled "Publish or Perish: Can the iPad topple the Kindle, and Save the book business?"

That title will give a clue to the focus of the New Yorker Magazine's article (or maybe The New Yorker itself, which is sharing the financial plight of other publishing organizations).

"Can they... CAN they? "topple the Kindle" (Keep Hope Alive?) followed by, can they also "save" the book business - the two thoughts in tandem there.  But the idea of toppling another type of device came before the idea of saving the industry (or in connection with it).

  Already, many columnists have pointed out that the iPad and Kindle are two different animals -- one is a dedicated e-reader and the other has a multiple focus with an altogether different technology, dazzling for multimedia, but with an e-book reading display that many feel can fatigue the eyes in the long-form, serial reading area (from direct light to the eyes, not from refresh-rates), not to even mention the variance in Size and Cost.

 But these are factors raised by other authors when writing about the possibility of "toppling" another, altogether different device.

Note also that it's not even "Will they" (a fair question) but "Can they" as if that were a hoped for result.

  Even if the headline was done without thought, word-choices are often good indicators of underlying thoughts.

The New Yorker's Conclusions
I'll get on to fair.org's, as usual, informative and to-the-point commentary in a minute, but The New Yorker, as FAIR points out, gives a detailed history of the e-book pricing battles and then goes on to paint the publishers and Apple's Steve Jobs (even pulling in the cancer card of all things -- and as a survivor myself I think that was cheap) as rather saintly in their hopes to save publishing from Bezos.

  Apparently, from Auletta's telling, their main focus is to help authors, which is why they are pricing e-books 30-50% higher.  Well, there does have to be a way to try to justify the much higher pricing, which is causing e-book audiences to write in several device forums that they are not interested, thanks.

  The closing few paragraphs in the article actually quote mainly "Apple insiders" and they're quoted for the ending conclusions.

  As detailed by others and in my own (b)logged history of events ((1) Hardball and (2) Steve Jobs role), this is a rather rich, purple battle between 'ruthless' protagonists on all sides.

 They all want what's best for them (if it also benefits the consumer, that's appreciated by consumers).  That's what's missing from this article.

  But the story uses hearsay (no one named source) to paint only one of the three as "ruthless" while the others are just hoping to help authors and to 'survive.' They are of course victims doing their best.

WILL the Agency plan "save" publishing" ?
Let's ignore that raising prices that much in THIS economy will help no one survive.

  The key is 'selling' a book at all, and the current prices that the publishers and Steve Jobs have decided on will not be helpful.

Pricing Difference Example
  One example of what is going on here (and this is a repeat of the actual $-situation with regard to money going to publishers from which they are then able to pay authors -- although authors have had to take a percentage cut recently from some publishers):

' On a $26 publisher-set-list price book on a book that's currently a NY Times bestseller, the traditional wholesaler arrangement would have meant about $13 (approximately 50%) going to the publisher EVEN when the bookstore/retailer charges only $10 for the book as Amazon did, which treated bestsellers on the NYTimes list as loss-leaders.

As Steve Jobs inserted into his Agency agreements with the Big5 later, he later wanted, after all that, the ability to sell the 'hottest' books (apparently the first 10 of the NYT bestsellers) for only $10 and did get that. In other words, he did want to 'devalue' those (in the publishers' eyes, $10 was a devaluing) and got it.
  All bookstores would want guarantees from the publishers that if they went with Apple's agency plan (70% of bookstore selling price to publishers) other stores would not get the ability to sell lower.

So, now the Big5 publishers, on the $10 e-books, receive $7 with the Agency plan instead of the $13 that Amazon did pay them under the wholesaler arrangement, meaning there was MORE money for the authors from the older non-agency arrangement as they affected the most popular books.

 Control is the issue, of course, and the publishers hope Apple will always give them this, despite remembering history.  The latter needed to get a foothold in the e-books area and this way they did.  Who benefits or loses from this?  Probably consumers and authors.

 Yet the publishers carry on about wanting the authors to get more.

FAIR.Org's Commentary
FAIR's headline is (deservedly so) even more scathing than my words.
"Unlike Amazon, Publishers Understand Authors--and How to Rip Them Off"

  Jim Naureckas recently analyzed the New York Times article about a "threatening" Amazon in his piece NYT Exposes Amazon's Fiendish Plot to Sell Books for Less Money.

  In the current article, Fair.org's Naurecka writes:

' Amazon is depicted as controlling and mercenary... [with examples]

  Publishers, on the other hand, are remarkably altruistic: "Publishers' real concern is that the low price of digital books will destroy [brick and morter] bookstores, which are their primary customers," Auletta writes. But they're equally concerned about the well-being of authors '

However, Auletta's piece is, as I said, a nicely-detailed one, but the closing paragraphs, practically written by "Apple insiders," paints Bezos as wanting to destroy publishing altogether and take it all over by himself and Steve Jobs is just wanting a 'win-win' situation, because now he is aware mainly of his 'legacy' and his 'vision.'  However, as magazine negotiation reports have mentioned, publishers are trying to get Jobs to 'win' less now that they're talking details.

Auletta does end, after all that publisher/Jobs image polishing, with the words from a "skeptical literary agent"

' Asked about publishers’ efforts to raise prices, a skeptical literary agent said, “You can try to put on wings and defy gravity, but eventually you will be pulled down.” '

Nicely put, just as long as those are not painted as angel wings.

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1. See later follow-up article on Auletta's Live Chat about his New Yorker article.

2. A discussion of the New Yorker Article and the pricing wars, on Stacey Cochran's Book Chatter,
with Fair.Org's Jim Naureckas and Kindle author Bufo Calvin.

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  Check often: Latest free non-classics, shortcut http://bit.ly/latestfreenonclassics .) Below are ways to Share this post if you'd like others to see it.
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