Showing posts with label timeline. Show all posts
Showing posts with label timeline. Show all posts

Sunday, August 3, 2014

Amazon explains, to customers, its negotiation focus with Hachette and other publishers. Judge Cote approves Apple's settlement plan for the states' class-action suits. Is the Kindle Unlimited subscription program a factor in the negotiations?


Amazon explains to customers its concerns and focus during the ongoing negotiations with Hachette

After all that's been written lately about the continuing, apparently bitter, struggle between Amazon and Hachette, Amazon has decided to explain its own perspective on this to customers, who aren't able to pre-order books of interest from Hachette nor expect to order and be shipped quickly a bestseller from that publishing company.

Amazon's bold offer to authors (and Hachette) during the interim
  On July 9, Amazon made an offer that was favorable to the authors while talks continue.  From NPR:
' . . . On Tuesday, the retailer wrote directly to a handful of Hachette authors, asking for thoughts on a proposal that would give 100 percent of digital profits to authors while the fight continues.

  Amazon's vice president of Kindle content and independent publishing, David Naggar, wrote in a letter that the move "would motivate both Hachette and Amazon to work faster to resolve the situation."
  . . .
  . . . Hachette initially called the suggestions laid out in the letter "suicidal." After news of the letter to authors broke, Amazon sent the offer directly to Hachette, which rejected it, saying, "We believe that the best outcome for the writers we publish is a contract with Amazon that brings genuine marketing benefits and whose terms allow Hachette to continue to invest in writers, marketing, and innovation."

  Amazon, responding to the "suicidal" comment, said, "We call baloney. Hachette is part of a $10 billion global conglomerate. It wouldn't be 'suicide.' They can afford it. What they're really making clear is that they absolutely want their authors caught in the middle of this negotiation because they believe it increases their leverage. ... Our offer is sincere. They should take us up on it." '

Well, that went nowhere.  It might have given some authors pause about the situation though.

So now, Amazon's explaining, at the Kindle Forum, their side of the dispute to customers and detailing the math involved in pricing and net revenue for different scenarios.  It also answers the conjecture that Amazon has demanded 50%.
  Here, for convenience, is the full text of the public posting, bold-faced emphases mine:
' Initial post: Jul 29, 2014 1:29:59 PM PDT
The Amazon Books team says:
(AMAZON OFFICIAL)
With this update, we're providing specific information about Amazon's objectives.

A key objective is lower e-book prices. Many e-books are being released at $14.99 and even $19.99. That is unjustifiably high for an e-book. With an e-book, there's no printing, no over-printing, no need to forecast, no returns, no lost sales due to out-of-stock, no warehousing costs, no transportation costs, and there is no secondary market -- e-books cannot be resold as used books. E-books can be and should be less expensive.

It's also important to understand that e-books are highly price-elastic. This means that when the price goes up, customers buy much less.  We've quantified the price elasticity of e-books from repeated measurements across many titles. For every copy an e-book would sell at $14.99, it would sell 1.74 copies if priced at $9.99.

  So, for example, if customers would buy 100,000 copies of a particular e-book at $14.99, then customers would buy 174,000 copies of that same e-book at $9.99.  Total revenue at $14.99 would be $1,499,000.  Total revenue at $9.99 is $1,738,000.

The important thing to note here is that at the lower price, total revenue increases 16%. This is good for all the parties involved:

* The customer is paying 33% less.

* The author is getting a royalty check 16% larger and being read by an audience that's 74% larger.  And that 74% increase in copies sold makes it much more likely that the title will make it onto the national bestseller lists. (Any author who's trying to get on one of the national bestseller lists should insist to their publisher that their e-book be priced at $9.99 or lower.)

* Likewise, the higher total revenue generated at $9.99 is also good for the publisher and the retailer.  At $9.99, even though the customer is paying less, the total pie is bigger and there is more to share amongst the parties.

Keep in mind that books don't just compete against books.  Books compete against mobile games, television, movies, Facebook, blogs, free news sites and more.  If we want a healthy reading culture, we have to work hard to be sure books actually are competitive against these other media types, and a big part of that is working hard to make books less expensive.

So, at $9.99, the total pie is bigger - how does Amazon propose to share that revenue pie?  We believe 35% should go to the author, 35% to the publisher and 30% to Amazon.  Is 30% reasonable?  Yes.  In fact, the 30% share of total revenue is what Hachette forced us to take in 2010 when they illegally colluded with their competitors to raise e-book prices.  We had no problem with the 30% -- we did have a big problem with the price increases.

Is it Amazon's position that all e-books should be $9.99 or less?  No, we accept that there will be legitimate reasons for a small number of specialized titles to be above $9.99.

One more note on our proposal for how the total revenue should be shared.  While we believe 35% should go to the author and 35% to Hachette, the way this would actually work is that we would send 70% of the total revenue to Hachette, and they would decide how much to share with the author.  We believe Hachette is sharing too small a portion with the author today, but ultimately that is not our call.

We hope this information on our objectives is helpful.

Thank you,

The Amazon Books Team '

Another possible stumbling block
While I haven't seen this suggested, it seems to me that another sticking point for publishers could be that Amazon probably (I don't know that this is true but I can't imagine Amazon not approaching the subject) wants the same rights to include certain books under their new Kindle Unlimited subscription plan when publishers have already given subscription rights for those books to competitors like Scribd and Oyster.

Other articles you might find interesting
  * A petition from some of the writers to Hachette
        David Gaughran is one of the supporters.  He wrote a much-admired analysis
        of the Amazon-Hachette situation.
  * In mid-July, talks began between Amazon and Simon & Schuster on
        new e-book pricing agreements.
  * Here's a NY Post article on that.
  * Apple gets court approval for a $450 million settlement over e-books price-fixing,
        and it involves lower penalties if the case is sent by an Appeals court back to Judge Cote,
        while there'd be a change or dismissal of the settlement if the appeals court comes down
        on Apple's side.

Some might be interested in this blog's History and Timeline of the e-book pricing wars.
  It includes a streamlined version of what the DoJ and Judge Cote would have seen and some insight into why she ruled as she did.




Check often: Temporarily-free recently published Kindle books
  Guide to finding Free Kindle books and Sources.  Top 100 free bestsellers.  Liked-books under $1
UK-Only: recently published free books, bestsellers, or £5 Max ones
    Also, UK customers should see the UK store's Top 100 free bestsellers.

  *Click* to Return to the HOME PAGE.  Or click on the web browser's BACK button


Below are ways to Share this post if you'd like others to see it.
-- The Send to Kindle button works well only on Firefox currently.

Send to Kindle


(Older posts have older Kindle model info. For latest models, see CURRENT KINDLES page. )
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Wednesday, May 28, 2014

Amazon and Hachette situation worsens - Amazon's announcement to its forums and what we can do when wanting a book not available in the interim. Timeline of the ebook pricing wars. Free Android app of the day is the normally $5 Mathlab Pro. Amazon launches their Collectible Coins store. Updated.



The Kindle Community Forums is carrying an Amazon announcement that gives some details on the situation with Hachette Book Group, from Amazon's perspective.  I'll post the full text below, as most customers don't frequent the Kindle forums.  I've bolded some of the more salient points.
Initial post: May 27, 2014 4:42:07 PM PDT
The Amazon Books team says:
(AMAZON OFFICIAL)

We are currently buying less (print) inventory and "safety stock" on titles from the publisher, Hachette, than we ordinarily do, and are no longer taking pre-orders on titles whose publication dates are in the future.  Instead, customers can order new titles when their publication date arrives.  For titles with no stock on hand, customers can still place an order at which time we order the inventory from Hachette -- availability on those titles is dependent on how long it takes Hachette to fill the orders we place.  Once the inventory arrives, we ship it to the customer promptly.  These changes are related to the contract and terms between Hachette and Amazon.

At Amazon, we do business with more than 70,000 suppliers, including thousands of publishers.  One of our important suppliers is Hachette, which is part of a $10 billion media conglomerate.  Unfortunately, despite much work from both sides, we have been unable to reach mutually-acceptable agreement on terms.  Hachette has operated in good faith and we admire the company and its executives.  Nevertheless, the two companies have so far failed to find a solution.  Even more unfortunate, though we remain hopeful and are working hard to come to a resolution as soon as possible, we are not optimistic that this will be resolved soon.

Negotiating with suppliers for equitable terms and making stocking and assortment decisions based on those terms is one of a bookseller's, or any retailer's, most important jobs.  Suppliers get to decide the terms under which they are willing to sell to a retailer.  It's reciprocally the right of a retailer to determine whether the terms on offer are acceptable and to stock items accordingly.  A retailer can feature a supplier's items in its advertising and promotional circulars, "stack it high" in the front of the store, keep small quantities on hand in the back aisle, or not carry the item at all, and bookstores and other retailers do these every day.  When we negotiate with suppliers, we are doing so on behalf of customers.  Negotiating for acceptable terms is an essential business practice that is critical to keeping service and value high for customers in the medium and long term.

A word about proportion: this business interruption affects a small percentage of Amazon's demand-weighted units.  If you order 1,000 items from Amazon, 989 will be unaffected by this interruption.  If you do need one of the affected titles quickly, we regret the inconvenience and encourage you to purchase a new or used version from one of our third-party sellers or from one of our competitors. *

We also take seriously the impact it has when, however infrequently, such a business interruption affects authors.  We've offered to Hachette to fund 50% of an author pool - to be allocated by Hachette - to mitigate the impact of this dispute on author royalties, if Hachette funds the other 50%.  We did this with the publisher Macmillan some years ago.  We hope Hachette takes us up on it.

This topic has generated a variety of coverage, presumably in part because the negotiation is with a book publisher instead of a supplier of a different type of product.  Some of the coverage has expressed a relatively narrow point of view. Here is one post that offers a wider perspective.

"Who's Afraid of Amazon?" [at The Cockeyed Pessamist site].

Thank you.

* How to get a Hachette book you want for your Kindle Fire tablet in the interim
  Note that one of Amazon's recommendations for those seeking a book not available at Amazon at the time you want it is to buy a new or used version from one of their 3rd-party sellers or "from one of our competitors."

    However, Amazon's customers normally want KINDLE versions of course, which poses a problem.
  What I've done is to buy a book I want, then, from Barnes and Noble (where I have a membership because I like their stores) and then get the Barnes and Noble Android app to use on a Kindle Fire tablet.  Others can get a B&N app for their Apple iOS devices, and there's one for Windows devices.  There should be a B&N app for Windows and Mac desktops as well.

  However, the Kindle Fire tablets can't access GooglePlay store, as Kindle Fire tablets are not recognized by GooglePlay.  And the Amazon Android appstore doesn't carry the Nook app.  I go, instead, to 1Mobile's app site which now has over 800,000 GooglePlay apps which they allow to be downloaded to Kindle Fire tablets.  Once you get there, download the 1Mobile-store app (which is used the same way we use the Amazon-store app when we want Amazon apps).

  However, there is a setting under the top bar's swipedown area -- older Kindle Fires say "More" and "+" for those settings, while the newer Kindle Fires say "Settings" and then the older Kindle Fires have, under DEVICE, an option to allow the installation of "apps from unknown sources," while the newer Kindle Fires have this setting under "APPLICATIONS" (rather than under "Device). Make sure you 'allow' the installation of "unknown apps" by turning it 'On'...
  For Step-by-Step instructions if you encounter any problems, see the article on installing NON-Amazon apps.


Some news stories on the Amazon-Hachette situation to get some history and other viewpoints.

Amazon escalates standoff with publisher Hachette - nj1015.com - May 28

Amazon isn't -- and likely never will be -- a monopoly - finance.fortune.cnn.com - May 28

 This one makes points against the familiar 'monopoly' cries similar to what was voiced when Big5 publishers joined Apple in 2010 in trying to raise ebook prices, pointing to what they described as Amazon's "monopolist" ways.

Points made:
. "Antitrust courts since the 1970s have consistently held that it's not illegal for a company to hold huge market share, as long as they aren't using that power to raise prices for the end consumer."

. "What in Amazon's past practices should make us believe that this is anything more than Amazon pressuring its suppliers to offer a product at a lower price? This has been Amazon's secret to success for two decades, and something Walmart (WMT) (another common media target) has been doing for much longer."

Amazon war with Hachette over ebook profit margins intensifies - The Guardian - May 27.
  This one mentions that, in general, authors and journalists are busily excoriating Amazon, while Stephen Fry tweeted "a link to a commentary by the self-published author David Gaughran, who characterises the current furore as an anti-Amazon PR campaign.  Fry described the piece as a 'sane counter' to the prevailing views on the dispute.
  Here's Gaughran's detailed look at this.


  For reference: Simpler Timeline of key elements of ebook pricing wars -- events noted by the Department of Justice with similar arguments made against Amazon's dealings with Big5 publishers at the time.


FREE Android App of the Day - today, 5/28 only


MathLab (Pro)
- Normally, $5, this app is a graphing calculator with algebra.



Amazon launches its Collectible Coins Store
Collectible Coins area - "Beta" version
  I know nothing about collectible coins but am passing this on for those who are interested in this.





Current Kindle Models for reference, plus free-ebook search links.
US:
New Kindle Fire HD 7" 2nd Gen - $139/169
Kindle Fire HDX 7" 16-64GB - $229/269/309
Kindle Fire HDX 8.9" 16-64GB - $379/429/479
- with 4G added: $479/529/579
Kindle Fire HD 8.9" 16GB - 1st Gen $269 $229
  $299 Price rise ~2/24/14
- 32GB w/ no special-offers: $314
Kindle NoTouch ("Kindle") - $69/$89
Kindle Touch WiFi - $99
Kindle Paperwhite 2, WiFi - $119/$139
Kindle Paperwhite 2, WiFi+3G - $189
Kindle Keybd 3G - $139/$159, Free web
Kindle DX - $379 $199
UK:
Kindle Basic, NoTouch - £59
Kindle Paperwhite 2, WiFi
£109
Kindle Paperwhite2 3G, UK
£169
Kindle Fire Basic HD 8/16GB, UK
 from £119
Kindle Fire HDX 7" 16-64GB, UK
from £199. 4G/3G
Kindle Fire HDX 8.9" 16-64GB, UK - from £329. 4G/3G

CANADA - Kindlestore, CDN-$
Kindle Basic, NoTouch - $79
Kindle Paperwhite 2 - $139
Kindle Paperwhite 2, 3G - $209
KFire HD Yr 2012 7" $214,  8.9" $244.
Yr 2013 KFires: HD Gen2, HDX line
India - Amazon India


*OTHER Int'l pages*
Kindle NoTouch Basic - $89
Paperwhite 2 WiFi $139, 3G/Wifi $209
KFire HD Yr 2012: 7" $214,  8.9" $244
Yr 2013: HD Gen2 + HDX line

Australia Kindlestore
France Boutique Kindle
Deutschland - Kindle Store
Italia - Kindle Store
Spain - Tienda Kindle
Brazil - Amazon Brazil
China - Amazon China [?]
Amazon Japan - Japan


Check often: Temporarily-free recently published Kindle books
  Guide to finding Free Kindle books and Sources.  Top 100 free bestsellers.  Liked-books under $1
UK-Only: recently published free books, bestsellers, or £5 Max ones
    Also, UK customers should see the UK store's Top 100 free bestsellers.

  *Click* to Return to the HOME PAGE.  Or click on the web browser's BACK button

Below are ways to Share this post if you'd like others to see it.
-- The Send to Kindle button works well only on Firefox currently.

Send to Kindle


(Older posts have older Kindle model info. For latest models, see CURRENT KINDLES page. )
If interested, you can also follow my add'l blog-related news at Facebook and Twitter
Questions & feedback are welcome in the Comment areas (tho' spam is deleted). Thanks!

Sunday, May 20, 2012

Kindle News: 17 more states join class action suit. Excellent timeline and guide to points in DOJ and Class Action lawsuits

17 more states join class action against Big5 and Apple, with new details revealed.

paidContent's Laura Hazard Owen reports that New York, Washington D.C., and 15 other states "have joined the e-book pricing class action suit against Apple, Macmillan and Penguin, bringing the total number of states involved so far to 31 (if you include DC and Puerto Rico). "

Owens' piece is a more in-depth look than we've seen with other news-site reports,
She adds that, unlike the Department of Justice (DOJ), the states seek monetary restitution for consumers and have already reached, as we've seen earlier, a settlement with Hachette, Simon & Schuster and HarperCollins.

With that amended complaint comes new information that's been made public, though it's not clear why it was redacted from the version filed in April.  Much of that newly-public information (in the state's amended complaint) is found in the DOJ filing against Apple and the publishers, but new details include an e-mail from Steve Jobs that shows him becoming directly involved in the agency pricing negotiations "after [Apple's] Eddy Cue could not secure one of the Conspiring Publisher’s commitment directly from an executive."

We see yet another admission or confirmation that the publishers (and therefore presumably their authors) did make more money under the older, wholesale model despite many arguments made in forums by authors (who were asked by their publishers to join forum discussions) that the authors' revenue would be less under Amazon's traditional wholesaler arrangement.
' Macmillan CEO John Sargent attempted to negotiate with Apple’s Eddy Cue on a way to make agency pricing less painful for publishers (publishers actually make more money under the wholesale model, where they are paid based on a book’s retail list price, than from the agency model).

Asking Apple to help, then, by taking a reduced cut
On January 11, 2010, Sargent wrote to Apple in an e-mail, "Am thinking a possible way to ease the financial pain for the publishers and authors of moving to the agency model.  Could you take a reduced cut on hardcover first releases (where we are presently making 14.00 in revenue and would make 9.00 under your assumptions)?"
  Apple did not agree to take less than its customary 30 percent cut. '

Now, "hardcover" is mentioned there, but e-book 'suggested retail prices' were set by publishers under the traditional agreements (often set, in 2009, at $26), and Amazon, it's been explained often, usually paid about 50% of that publisher-set retail price to the publisher, EVEN when Amazon sold a bestseller e-book at $9.99, a price that made the Big5 nervous about the devaluing of their hardcover books.

  Many authors did actually believe that they'd make less when an e-book was discounted by Amazon, and I think the publishers let many of them believe and say this in forums.  There was a lot of rancor in the forums between some authors and customers as a result.

Publisher e-mail
Then a publisher, Owens points out, emailed the parent company's CEO Jan. 21, 2010 that
' [Apple's Eddy Cue] … was eloquent on why they would be a great partner, that price could and would be experimented with as Apple want [sic] to drive high revenues; that this would be for a one year term; that one major publisher (clearly RH) was out and that ne [sic] need the five majors in but maybe four. He said that he was sure he would close on two today and two tomorrow... '

Steve Jobs's e-mail
Jobs stepped in and wrote to a resistant executive at one of the "Conspiring Publishers," outlining the choices the publisher had, the only semi-attractive one being
' Throw in with Apple and see if we can all make a go of this to create a real mainstream ebooks market at $12.99 and $14.99. '

As we saw, the Big5 e-books actually came to sell between $12.99 and $19.99.

E-mails to Barnes & Noble - who became quite active in all this
After the Big5 and Apple agreed on the Agency model and pricing, the amended class action complaint, Owens explains (bold-facing mine):
'...says the five publishers “worked together to force” Random House to adopt it as well.

  On March 4, 2010, in an exchange also identified in the DOJ’s filing, Penguin CEO David Shanks sent Barnes & Noble’s then-CEO Steve Riggio an e-mail reading in part,
  “Random House has chosen to stay on their current model and will allow retailers to sell at whatever price they wish…I would hope that [Barnes & Noble] would be equally brutal to Publishers who have thrown in with your competition with obvious disdain for your welfare…I hope you make Random House hurt like Amazon is doing to people who are looking out for the overall welfare of the publishing industry.” '
While this is one CEO (of one of the two publishing companies that have not settled) writing to Barnes and Noble, it's an indication of an atmosphere of concern stated often (within the complaint) that the "conspiring publishers" needed more publishers to stay together on all this to get Amazon to agree to the Agency model and its higher, non-competitive pricing.

B&N's management did decide not to feature Random House in any future advertising, the complaint says.  And most who follow this pricing war know that Apple refused Random House books a place in their iBookStore.  Random House is said to be the largest U.S publisher of novels.  Neither Apple nor B&N are "Gas 'N' Groceries on Route 19" stores taking defensive measures against giant Amazon.  But that latter is Authors Guild President Scott Turow's most recent fantasy.  I feel bad for the authors who are represented by this guy whose forte seems to be a mixture of fantasy and bad melodrama, when he refers to Amazon as the 'Darth Vader of publishing.'

And, as I said in late April, Turow even refers to Apple as "a minor player in the realm of books" (the minor road-store that could, in one day, successfully encourage a jacking-up of e-book prices an average 50% (to $20 at the high-end), nation-wide, on new books, and even deny Random House space for its e-books because RH would not cooperate on the Agency model.  Yep, Apple's just a small store hoping to get its size 3 foot in the publishing door.

The Club
When discussing what I'd deem normal book business practices of 'windowing' or staggering different releases of a book, if not done in lock-step, the publishers "referenced themselves in one email as ‘the Club!’"  That was in connection with windowing discussions, and, as Owen says, not agency pricing discussions with Apple.  But a club seldom calls itself that over one small facet of whatever brings them together as co-members, but the label does tend to speak to group focus of some type, in this case having to do with e-book pricing.

Downloads linked at the paidContent story:
The states’ amended complaint (5/11/12)
The states’ original complaint (4/11/12)
The Department of Justice’s complaint (4/11/12)

I've left out a lot of detail and a table of how Apple calculated its e-book prices in publisher contracts, but you can read the full details at paidContent's story.


ALSO: EXCELLENT "DOJ LAWSUIT UPDATE" by "Dear Author"

MANY interesting points are made in this piece that explains what is happening here, Mr. Jones, step-by step.  Fascinating read, because I remember hearing about all this as it was happening and then it all tended to fade and blend together, but she [Jane] lays it all out, in no-nonsense manner.
  I'll just quote the opening paragraph from her huge list of info-points with explanations of what some of the actions described indicate.
'  Collectively the Big 6 account for approximately 60% of all revenue generated from print titles sold in the U.S. and 85% of all revenue generated from the sale of NYT Bestsellers.
  In 2009, the publishers’ market share broke down as follows:  Random House (17.5%), Penguin (11.3%), Hachette (10%), HarperCollins (9.8%), Simon & Schuster (9.1%), and  Macmillan (5.4%) '

So, if you're interested in what is essentially a detective story with all the pieces starting to come together, go to Dear Author for the step-by-step guide.


Earlier and related:
TIMELINE:  Ebook Pricing Wars - what DOJ would have seen.




Current Kindle Models for reference, plus free-ebook search links (non-Big5)
US:
Kindle Fire  7" tablet - $199
Kindle NoTouch ("Kindle") - $79/$109
Kindle Touch, WiFi
- $99/$139
Kindle Touch, 3G/WiFi - $149/$189
Kindle Keybd 3G - $189, Free, slow web
Kindle DX - $379, Free, slow web
UK:
Kindle Basic, NoTouch - £89
Kindle Touch WiFi, UK - £109
Kindle Touch 3G/WiFi, UK - £169
Kindle Keyboard 3G, UK - £149
  Keybd: w/ Free, slow 3G WEB
OTHER International
Kindle NoTouch Basic - $109
Kindle Touch WiFi - $139
Kindle Touch 3G/WiFi - $189
Kindle Keybd 3G - $189
  Keybd: w/ Free, slow 3G WEB

Check often: Temporarily-free recently published Kindle books
  Guide to finding Free Kindle books and Sources.  Top 100 free bestsellers.  Liked-books under $1
UK-Only: recently published free books, bestsellers, or £5 Max ones
    Also, UK customers should see the UK store's Top 100 free bestsellers.

  *Click* to Return to the HOME PAGE.  Or click on the web browser's BACK button Below are ways to Share this post if you'd like others to see it.
-- The Send to Kindle button works well only on Firefox currently.

Send to Kindle


(Older posts have older Kindle model info. For latest models, see CURRENT KINDLES page. )
If interested, you can also follow my add'l blog-related news at Facebook and Twitter
Questions & feedback are welcome in the Comment areas (tho' spam is deleted). Thanks!

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