Slashdot Mirror


Judge Approves Settlement In eBook Price-Fixing Case

An anonymous reader writes "On Thursday a U.S. District Judge approved a settlement between the Department of Justice and three publishers accused to colluding to inflate ebook prices (order). 'The Justice Department had accused Apple and five publishers in April of illegally colluding on prices as part of an effort to fight internet retailer Amazon.com Inc's dominance of e-books. The publishers who agreed to settle are News Corp's HarperCollins Publishers Inc, CBS Corp's Simon & Schuster Inc and Lagardere SCA's Hachette Book Group. Apple; Macmillan, a unit of Verlagsgruppe Georg von Holtzbrinck GmbH; and Pearson Plc's Penguin Group have vowed to fight the Justice Department's lawsuit with a trial due to start on June 3 next year.' The decision came after a lengthy period of public comment. According to the AP, 'The ruling released Thursday cast aside the strident objections of Apple, other book publishers, book sellers and authors who argued the settlement will empower Internet retailing giant Amazon.com Inc. to destroy the "literary ecosystem" with rampant discounting that most competitors can't afford to match. Those worries were repeatedly raised in court filings about the settlement. More than 90 percent of the 868 public comments about the settlement opposed the agreement.'"

41 of 242 comments (clear)

  1. below cost? by gl4ss · · Score: 4, Insightful

    how do you sell an ebook copy at "below cost"? that implies that amazon paid authors out of their own pocket? is this right?

    (because, in the sw world.. amazon actually makes the author accept zero payment for the privilidge of amazon giving the sw away as promotion)

    --
    world was created 5 seconds before this post as it is.
    1. Re:below cost? by CanHasDIY · · Score: 2, Informative

      Heard about this on NPR this morning, according to the report, Amazon buys a license to sell ebooks from the publisher, then proceeds to undercut the publisher by a fair amount.

      Of course, the smart publisher would not sell a license to Amazon. Perhaps it's because my knowledge of the matter is admittedly incomplete, but I fail to see what leg these publishers have to stand on, considering.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    2. Re:below cost? by hawguy · · Score: 4, Informative

      how do you sell an ebook copy at "below cost"? that implies that amazon paid authors out of their own pocket? is this right?

      (because, in the sw world.. amazon actually makes the author accept zero payment for the privilidge of amazon giving the sw away as promotion)

      The same way a grocery store can sell milk for $2/gallon when it really costs them $2.50/gallon.

      They pay the distributor the full $2.50, then eat the extra 50 cents themselves as a cost of getting more people in the door.

      http://en.wikipedia.org/wiki/Loss_leader

      Amazon can make up the difference on other products that the user may purchase from Amazon when they stop in to buy a book. Other retailers (like B&N and Apple) have a less diverse product catalog so if they take a loss on eBooks it's harder to make up the difference somewhere else.

    3. Re:below cost? by MozeeToby · · Score: 2

      "Makes" is an interesting choice of words. SW creators are offered the chance to be the app of the day, sometimes they get a portion of their regular price, sometimes they don't. But they are never "made" to do anything. If they don't want to be the app of the day, all they have to do is say 'no thanks'.

    4. Re:below cost? by sanosuke001 · · Score: 3, Interesting

      If Amazon is paying up-front to the author and/or publisher, why do the publishers even care? Set a price that you're happy with and let Amazon give them away. If they're allowing Amazon to give away without paying it's their own damn fault.

      Now, I understand why Apple cares because if Amazon is willing to under-cut the wholesale book prices, Apple will end up with less business (though, they could just not allow a Kindle app on iOS and their herd of "customers" would have no choice). But the publishers are big enough to not let Amazon push them around; wtf?

      --
      -SaNo
    5. Re:below cost? by jandrese · · Score: 4, Insightful

      As I understand it, the books aren't actually "below cost", they're just below what the Publisher charges for their own version of the same ebooks. Amazon can't really afford to sell the books below cost because books are their primary business, especially on the Kindle. You can't make your biggest income source a loss leader for long. This sounds a lot like publishers going "mah profits!!!" because they thought they finally had a way to destroy the secondary market with ebooks and get everybody to pay retail again but then Amazon came along and wrecked their plans by selling below MSRP.

      --

      I read the internet for the articles.
    6. Re:below cost? by RenderSeven · · Score: 3, Insightful

      how do you sell an ebook copy at "below cost"

      The problem is they are selling it below Apple's cost. According to Apple no one should be allowed to undercut Apple, and they have lawyers to prove it.

    7. Re:below cost? by crmarvin42 · · Score: 4, Informative
      They don't want to be beholden to a single distributor. If that happens, then Amazon can start more aggressively pushing the wholesale price down. The publishers will have no other retailer to go through, and will be forced to make those concessions to keep their wares listed in the largest (and in the minds of many e-shoppers, only) book seller.

      To them, its' not about what they are getting paid today, but about what they are going to be getting paid 5, 10 or 15 years from now. They are resisting being pulled into an endless loop of lower retail prices leads to lower wholesale prices, which leads to lower retail prices and again to further reductions in wholesale prices, et infinitum. In that scenario they end up subsidizing Amazon's success in the long run in exchange for Amazon subsidizing their revenues in the short term.

      But the publishers are big enough to not let Amazon push them around

      Only if their is a relatively diverse pool of resellers to whom they can sell. The Agency model allowed them to stop Amazon's price spiral precisely because Amazon couldn't force everyone else out via agressive loss-leading. If they are forced to give up the agency model, then they will have little recourse to prevent the eventual bankruptcy of their business (from their perspective at least).

      --
      Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
    8. Re:below cost? by bdam · · Score: 2

      I work for a publisher and I can attest that Amazon has indeed sold our books below what they pay us. Amazon can most certainly afford it and they only need to do so long as competitors exist. Book retailers are already struggling so it wouldn't take too long to knock out all but those that have other sources of revenue.

    9. Re:below cost? by NatasRevol · · Score: 2

      Selling at a loss isn't smart.

      --
      There are two types of people in the world: Those who crave closure
    10. Re:below cost? by Beetle+B. · · Score: 4, Insightful

      Of course, the smart publisher would not sell a license to Amazon. Perhaps it's because my knowledge of the matter is admittedly incomplete, but I fail to see what leg these publishers have to stand on, considering.

      Your so-called smart publisher would not value his brains when he has to shut down as a result.

      Amazon has a huge edge on ebook sales - ask any publisher how many of their ebooks are sold on Amazon vs all other venues combined.

      People don't go for the best products on the market. Everyone I know other than myself bought a Kindle instead of better alternatives. Their argument always was: "Oh, your device may be better, but Amazon has the largest selection."

      "OK, what ebooks do you want that can only be bought at Amazon?"

      No answer. Because there aren't any. Sure Amazon really does have a larger selection, but no one I personally know wants any of the exclusively Amazon ebooks anyway.

      But would a consumer do that analysis? No. Not even when it's pointed out to them before they buy.

      Guess how many of these Kindle owners buy ebooks from anywhere other than Amazon?

      0.

      So yeah, a publisher can say, "Nah, we won't sell on Amazon" to which Jeff Bezos will throw some change their way saying "Here're some pennies for when you become homeless."

      --
      Beetle B.
    11. Re:below cost? by jkflying · · Score: 3, Insightful

      Then why don't you just buy a whole bunch of your books from them? It would be like a direct cash transfer from Amazon's bank account into yours...

      --
      Help I am stuck in a signature factory!
    12. Re:below cost? by dr.g · · Score: 2

      Hey! I have an idea. Why don't the publishers try and sell books directly to the public at reasonable, (i.e.: much less than paper versions) prices!!

      Crazy, I know, but I'll bet they'd have more success than they've had desperately (and apparently illegally) trying to keep the ridiculously inflated price points they cherish for the digital product.

      --
      "To be fair, I was left completely unsupervised." ~Anon
    13. Re:below cost? by bws111 · · Score: 3, Insightful

      No, this is not true. Amazon may well say (to the publishers) 'nobody can buy books cheaper than the price Amazon' gets. Apple, on the other hand, says 'nobody can SELL books cheaper than Apple can'. Those are two vastly different things.

      Even if nobody can get a better deal than Amazon, they can still sell them for the same or lower price than Amazon. In fact, that is what the publishers are complaining about Amazon doing to them. That, however, is competition, and results in lower prices for the consumer.

      Apple's deal, on the other hand, says that nobody can SELL books for a lower price than Apple. Nobody even has the opportunity to use the books as a loss leader. That is anti-competitive behavior, and results in higher prices for consumers.

    14. Re:below cost? by morgauxo · · Score: 2

      My condolences to those who have no experience with milk bags.

      Now, cows milk sold in plastic bags however... that's just weird.

  2. Re:Lets face it.... by DeathToBill · · Score: 4, Interesting

    I have mod points. Now, if only there was a '+1 Flamebait', because, as right as you are, you are going to get a thrashing.

    --
    Slashdot - News for Nerds, Stuff that Matters, in ISO-8859-1 Has just realised that beta makes this signature redundant
  3. Will this result in lower prices? by hawguy · · Score: 5, Insightful

    I, for one, hope this results in lower eBook prices.

    I have a Kindle (and Nook tablet) that are underutilized because I refuse to pay more for an eBook than I do to have a paper book delivered to my house. About the only eBooks I read are from Smashwords or Baen. Almost every book I've bought from Amazon has been a used paper book because they are typically about half the price of an eBook.

    After 2 years with the Kindle, I've bought exactly 3 Amazon eBooks - all purchased before traveling since I didn't want to carry around heavy paper books. I've never gotten around to reselling my used books (which would net me another dollar or two of savings), so my local thrift shop has been getting them.

    1. Re:Will this result in lower prices? by MozeeToby · · Score: 2

      Snow Crash - $10 from Amazon in paperback or kindle format, less than that from other sellers, and less than 1/5th that used. That's just one I know to be ridiculous from memory. How is it the same price to pulp a tree, print it, package it, and ship it to my house as it is to copy a digital file and send it over the internet (not even over wireless networks since most of the new Kindle's are WiFi only)?

    2. Re:Will this result in lower prices? by hawguy · · Score: 5, Informative

      What are you willing to pay? I personally buy books from Amazon all the time for Kindle, even though I have a Nexus 7 now. Amazon offers the best prices out of everyone I've checked.

      Ideally, I'd pay around $6 or so, which is what I typically pay for a used book to be delivered to my door. (and I usually pay $4 - $6 on Smashwords or Baen)

      Here's an example of pricing that makes no sense (assuming free Amazon Prime shipping)

              The Amateur - $16.99 hardcover, $9.99 eBook, $6.99 paperback, $6.88 used

      Even moving off the bestseller list and going to an older book doesn't help

            Fahrenheit 451 - $13.78 hardcover, $9.99 eBook, $7.19 paperback, $6.88 used

      Why is the paperback priced lower than the Kindle? I paid $100 for an eReader and publishers want me to pay more for the privilege of reducing their distribution costs?

      It does go the other way sometimes too -- usually (but not always), the eBook is cheaper than the hardcover, but more often than not, the eBook seems to be priced more than the paperback, and is almost always more than a used book.

    3. Re:Will this result in lower prices? by Beetle+B. · · Score: 3

      $10 from Amazon in paperback or kindle format, less than that from other sellers, and less than 1/5th that used. That's just one I know to be ridiculous from memory. How is it the same price to pulp a tree, print it, package it, and ship it to my house as it is to copy a digital file and send it over the internet (not even over wireless networks since most of the new Kindle's are WiFi only)?

      I'm getting tired of this argument.

      You're living in a fantasy world where the price of commodities is always dictated by production costs.

      It may be true for expensive physical products, but when the price is low (as $10 is compared to a $500 tablet), the price is dominated by other factors.

      --
      Beetle B.
    4. Re:Will this result in lower prices? by kdawgud · · Score: 2

      Lowest cost option is to just buy the paperback (used or new), read it, and sell it back on amazon a month later.

  4. Of course by DanTheStone · · Score: 2

    Yeah, lots of the comments were opposed. The judge looked through them, and saw that all the reasons people/groups/corporations were opposed weren't illegal or anticompetitive. So, no reason to reject the settlement.

  5. ban hammer these companies by medelliadegray · · Score: 4, Insightful

    I am getting pretty annoyed how so many companies are being settled with for legal issues, at cost of a mere pittance to these companies.

    I want to see the ban hammer come down and come down hard on these guys. If i break the law with something as simple as a parking ticket, that is a substantial cost to me. if I were to break the law in something major it screws me for life. Why is this not being applied to corporations?

    Price fixing? confiscate ALL past profits gained from of the fixing, and fine future profits as an exponential multiplier of the fixing revenue. not to mention jail time for the crooks who okay the fixing. make companies leave yellow piddle marks when people even suggest they could be price fixing, colluding, bribery.

    --
    Troll, Troll, go away and flame again some other day
    1. Re:ban hammer these companies by TheGratefulNet · · Score: 2

      watching the 2 conventions (repub and democ), it was so very clear that the repubs are wholly onboard the 'corporations are people!' bandwagon and the dems are not. they even said so in non-mincing words.

      now, do they believe that? I doubt it. but it was refreshing to at least HEAR them say that corps have gotton out of control in the modern world and need to be reeled back quite a bit.

      my hope is that the dems mean what they said. the reality is that they are owned by 'just different' corps and so business will be, ahem, as-usual for the forseeable future.

      we gave corps too much trust and power and its going to be nearly impossible to pull it back to center again. much of the world has been convinced that the trickle down concept works. ;( ;(

      --

      --
      "It is now safe to switch off your computer."
    2. Re:ban hammer these companies by CanHasDIY · · Score: 2

      Take their money and property, but jail time? Please.. Prison is supposed to be for people that are actually dangerous.

      Like potheads? Prisons are full of those...

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    3. Re:ban hammer these companies by lexman098 · · Score: 2

      Then quit voting republican or democrat. Vote 3rd party until the 3rd party actually has a chance at winning.

  6. They can compete with Amazon by eclectro · · Score: 2

    They need to make it easier to download their ebooks, in more formats, without DRM (which Amazon has)so third party applications can organize the downloads better. In other words, provide more value than Amazon currently offers.

    --
    Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
  7. Do you guys support Amazon as a monopoly? Really? by aristotle-dude · · Score: 3, Insightful

    Do you realize that the agency model was designed to allow for publishers to set the prices thereby removing the power from the distributor/seller and to disrupt Amazon's monopoly?

    Amazon could, at first, offer lower prices to the consumer until they wiped out the competition but once they were supreme, they could jack up the prices or try to gouge the publishers/authors for lower wholesale prices with threats to not carry their books in the future.

    You seriously should not be happy with a monopoly of the justice department enforcing a return to a monopoly. The market should be allowed to decide. If a book does not sell well, the market forces should cause the publisher to lower the sale price until it does sell.

    Amazon, in the digital space, and Wal-mart in the brick and mortar space, were actively using predatory pricing to squeeze out all of the other competition. That situation is not good for the consumer in the long run.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  8. Re:Do you guys support Amazon as a monopoly? Reall by geek · · Score: 3, Insightful

    Do you realize that the agency model was designed to allow for publishers to set the prices thereby removing the power from the distributor/seller and to disrupt Amazon's monopoly?

    So instead of Amazon having a monopoly the publishers get one. Your logic fails. Having a monopoly isn't illegal either. Abusing that monopoly is. Amazon never attempted to stop others from selling anything.

  9. Re:Boohoo your old buisness model is obsolete. by bdam · · Score: 5, Informative

    I work for a publishing company and ... this is going to blow your mind ... a significant majority of our authors wouldn't want to have to be responsible for editing, promoting, designing, and selling their product. They also tend to really like that we give them money in advance before they even have a finished manuscript. Their book could sell zero copies but they at least got several grand out of the deal; it's a comforting thought when putting in months of effort. Are there examples of authors out there who do like to take the hands on approach and can it work out for them? Sure. I seriously doubt however that our 60+ year old Amish fiction author wants to try and figure out why InDesign hyphenates across a page break despite being told not to when you add a hyperlink text destination for the table of content.

  10. which ecosystem gets wrecked? by apcullen · · Score: 2

    This will certainly wreck Apple's 30% profit margin ecosystem. The whole publishing ecosystem I'm less certain about.

    1. Re:which ecosystem gets wrecked? by apcullen · · Score: 2

      Why don't authors, or publishers, just sell the ebooks directly to consumers? Why even bother going through distributors for something with essentially 0 distribution cost?

  11. Re:Do you guys support Amazon as a monopoly? Reall by bdam · · Score: 4, Insightful

    Monopoly ... mono ... kind of indicates the singular so I don't see how multiple publishers can have a singular monopoly. Certainly, the big 5 can be dickish but there are hundreds if not thousands of smaller publishers out there; I work for one. I would consider dumping product as an abuse of a monopoly and Amazon had done just that with our books in the past and there's no reason they won't do so in the future to further cement their monopoly in online physical book sales and e-books via the Kindle.

  12. Re:Do you guys support Amazon as a monopoly? Reall by CanHasDIY · · Score: 2

    So instead of Amazon having a monopoly the publishers [i.e., more than one] get one. Your logic fails.

    Speaking of logic fails...

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  13. Re:Do you guys support Amazon as a monopoly? Reall by bdam · · Score: 2

    I believe the term your looking for is oligopoly. You have the choice of a monopoly of the retailer or a oligopoly of the big 5 publishers. I would argue the oligopoly is preferable to the monopoly due to barrier of entry. There are hundreds if not thousands of smaller publishers that might not rival the oligopoly in terms of size but we can remain profitable and every once and a while hit it big with a best seller. Amazon is already entrenched as a practical monopoly and I just don't see how any sort of small upstart is going to overcome that. Small publishers can and do exist in the existing oligopoly but small retail outlets will not with Amazon's ability to dump product.

  14. Ebook more than print?! by notdotcom.com · · Score: 2

    I have owned a kindle for about a year and a half. I own over 110 ebooks (most are tech, but also some fiction, classics, etc).

    I have *never* seen a printed book cost less than the kindle ebook of the same title. I essentially always buy the ebook over the dead tree version, and aside from instant access, the reason that I do so is because the kindle version is frequently 30% (or more) less cost than the physical version (before thinking about shipping costs). Where are all of these books that are more expensive for kindle than for the paper versions? (Hint: they don't seem to be O'reily, Cisco Press, Apress, SAMS, Sybex, or Microsoft Press.)

    --
    Grandpa: My Homer is not a communist. He may be a liar, a pig, an idiot, a communist, but he is not a porn star.
    1. Re:Ebook more than print?! by notdotcom.com · · Score: 2

      I just typed in "50 Shades of Gray", and the Kindle version is $9.99 (no shipping). The print version is $9.57. So, you've got me by 42 cents before shipping, which still means that the Kindle version will be cheaper for 90% of amazon buyers (those with Amazon Prime are Excepted, although Amazon Prime allows for free Kindle lending, which could put the price at 0.00 for Kindle.)

      http://www.amazon.com/Fifty-Shades-Grey-Trilogy-ebook/dp/B007J4T2G8/ref=sr_1_2?ie=UTF8&qid=1347036166&sr=8-2&keywords=50+shades+of+gray

      I looked up "Stephen King". I went thought the first 20 or so novels, and there are exactly *two* that cost more on Kindle (vs paperback). Most are $8.99-9.99 total, and none are more than $2 more expensive on Kindle. At this price point, I really wouldn't care for one version over the other. They are going to crank out so many poor quality copies of these high-selling paperbacks that it eventually makes their printing costs very, very low.

      I would be (and I am) much more concerned with the higher priced books, like the non-fiction tech guides that are not only printed with much better quality, but are over 1,000 (large) pages. Using the Unix must-have "UNIX and Linux System Administration Handbook (4th Edition)" as an example (I happen to own both the paperback and kindle versions), it is $41.05 for the print version, although the price printed on the book is actually much higher. The Kindle version is $27.35. That thirteen dollar savings will cover the difference for at least six Stephen King titles - before shipping.

      I just finished going through hundreds of titles for (Nonfiction, Technical) books that I would purchase or have purchased, and I could not find a SINGLE title that was more for the Kindle version, using the keywords "Linux, Java, Bash, Windows, OSX, Javascript, or algorithms". Some of the Kindle versions are less than the paperback versions by only a couple dollars, but there are several than are 30%-75% less than their dead tree counterparts.

      With the types of books that I read, my kindle has paid for itself many times over, and I have no reason to buy another one, since my laptop, iPad, and Nexus 7 all can use either the free download or the web-based kindle reader. Just guessing, it has probably saved me anywhere from $700-$1500 on my current library of 110 titles.

      --
      Grandpa: My Homer is not a communist. He may be a liar, a pig, an idiot, a communist, but he is not a porn star.
  15. What monopoly? by sirwired · · Score: 2

    An e-book monopoly? What on earth are you talking about? I'm sure Apple, the most valuable company in history, has more than enough cash to match whatever price Amazon feels like charging. And don't forget B&N, whose Nook is selling pretty well, if not as well as the Kindle.

    In addition, a Kindle will easily read books from other online stores; about 2/3rds of the books on my Kindle didn't come from Amazon, and few of those books are available in electronic format through Amazon.

    In addition, it's silly to talk about theoretical future harms from a currently non-existent Amazon monopoly, when we have Agency Pricing, which results in artificially inflated consumer pricing right now.

    And how is Wal-Mart's pricing power bad for consumers? There has been little evidence to date that Wal-Mart raises their prices after the local competition shutters. Their consistently low prices (and forcing low prices at their competitors) has been really good for consumers, if not so hot for jobs.

  16. Re:Boohoo your old buisness model is obsolete. by bdam · · Score: 3, Insightful

    So, you'll be replaced with lighter, more flexible, more competitive entities that do "editing, promoting, designing, and selling" and focus on competitive digital distribution.

    The OP suggests that publishing model is obsolete and good riddance with publishers. So what he is suggesting is to get rid of publishers who take manuscripts, process them, and deliver them to market. You then suggest they be replaced with entities that do the same thing. The entities you describe already exist and they have a name: publishers. Will they have to adapt to the market? Yes,and those that hope to survive must. Would the market be better off if there were no publishers willing to risk author advances, process manuscripts, and deliver them to the market? I believe so, yes.

  17. Low margin high volume by ZombieBraintrust · · Score: 2

    Yes, Amazon paid some authors out of thier own pocket. It also pays publishers directly as well. They purchased a book for $20 wholesale and sell it for $9.99 as a promotion. This is selling below cost. No evidence they were losing money on all their ebook sales. Amazons strategy is low low low margins. They lose money on best sellers and make up the loss with other books. They can do this because of the huge volume of sales that is possible when you have low low low margins. Their strategy is the exact opposite of Apples.

    1. Re:Low margin high volume by fast+turtle · · Score: 3, Informative

      I'm an author myself and haven't look at Amazon's policies but from discussions with others who have and are using them, I'm seriously considering it simply because I can make more money in the long run through them then one of the big name publishers.

      The key element is what I as a new (unknown) author would be offered for a new book (about $0.02 per copy sold - maybe 5k books advanced). Sure sounds like lots of money but that's a meager $10,000 advance and may be the only funds I ever see for a book where as with amazon, I can price things where I feel confident the market will at least buy some and get the bulk of the money (75-85 percent) from each sale, meaning if I sell 1k copies in a year, I've made almost as much as the advance fee from the big name publisher and the income may continue coming in should the book continue selling unlike the big name, who may only print 1k copies and never promote or even sell them simply to tie me up in a contract. (I know one hell of a run on sentence). In other words, does Amazon make sense for me as a new/unknwon author and the answer is "Damn good possibility".

      --
      Mod me up/Mod me down: I wont frown as I've no crown