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Apple Holds Firm As Publishers Settle With DoJ Over e-Book Pricing

Nerval's Lobster writes "The U.S. Department of Justice has just settled with book publisher Macmillan in an ongoing case over the price of e-books, bringing its number of settlements with big-name publishers up to five. Justice claims that those five publishers, along with Apple, agreed to 'raise retail e-book prices and eliminate price competition, substantially increasing prices paid by consumers.' Apple competes fiercely in the digital-media space against Amazon, which often discounts the prices of Kindle e-books as a competitive gambit; although all five publishers earn significant revenues from sales of Kindle e-books, Amazon's massive popularity among book-buyers — coupled with the slow decline of bricks-and-mortar bookstores — gives it significant leverage when it comes to lowering those e-book prices as it sees fit. But Justice and Apple seem determined to keep their court date later this year."

20 of 129 comments (clear)

  1. And those expensive E-books... by TWX · · Score: 4, Interesting

    ...along with a DRM scheme that causes problems (see the 1984 controversy) are why I keep reading dead-tree editions.

    DVD and Blu-Ray have DRM that's somewhat nonsensical, but the media are cheap. I can excuse some of the stupidity because I'm not paying a lot for it.

    E-books are too expensive for not having a physical copy.

    --
    Do not look into laser with remaining eye.
    1. Re:And those expensive E-books... by GIL_Dude · · Score: 4, Insightful

      Not only are they expensive, they are also not sold. They are licensed. This removes the ability to use the provisions of the first sale doctrine. So you can buy a license to a book - but you can't transfer it. With a physical book I can sell it to a used book store, hand it to my wife or kids and let them read it, send it off to a friend in another state, donate it, etc. With an e-book I can't (legally) do any of that. I can't even let my wife read it on her e-reader (separate account). Since we are very limited in what we can do (again legally) with them, they don't have the same value to me as a consumer. Yet they charge the same (or higher) price. I had put my thoughts on this into a blog entry some months back. They still pertain now. http://gildude.blogspot.com/2012/03/have-you-bought-into-e-book-model.html

      One of the things I'd like to see if the ability to transfer from one cloud service to another. Amazon has theirs, Google has theirs, other folks likewise have theirs. But I have no (legal) way to transfer an e-book out of say Amazon's service and into say Google's service if, for instance, I decide I want to use a different e-reader and move "my" licensed content. Can't do it. The only value I get out of e-books that is missing from physical books is the amount of books that can be stored on a small device and the ability to add more to that device from say a hotel room on a trip. However e-books have all the previously mentioned downsides - many of which people are very slowly becoming aware of.

    2. Re:And those expensive E-books... by kbrannen · · Score: 4, Insightful

      One can easily argue that the price of the e-books shouldn't be dirt cheap because the content is what you're really paying for. What should be true is e-books are the price of the physical book minus all the expenses that physical books have the e-books don't (e.g. paper, printing, shipping, etc) plus a few cents for the server. I don't know what percent that is of a physical book, but that does seem reasonable. I'm disgusted when I see the e-book costing the same or more than a physical book.

    3. Re:And those expensive E-books... by bws111 · · Score: 2

      So you're claiming Amazon got the right to sell these ebooks from the publisher for $0? Fascinating. I wonder how the publishers and authors planned to make any money like that.

      Or maybe the publishers sold the books to Amazon from some non-zero price. That price would of course be a COST to Amazon, and if they sold the books to their customers for less than that amount then they sold them below cost.

    4. Re:And those expensive E-books... by squiggleslash · · Score: 4, Insightful

      People aren't buying eBooks because they're cheap, they're buying them because you can be pretty much anywhere, and suddenly think "Wait? Stephen King has a new book out? It's been WEEKS since the last one!", whip out your Kindle, select the book, buy it, and start reading it within a minute of having that thought.

      And later that day, you can think "Hmmm, what was that fuss about involving King and Kubrick? Oh yeah, I read about that in "The Making of The Shining", let me just take a look at that. And you can witch to that book.

      And then you can think "OMG, I don't remember where it was in this tome, but hold on, I have this nifty search button", and then find the relevent pages.

      eBooks are 100% about convenience, and 0% about price. It's instant gratification. And while you lose one type of flexibility, you gain other types. And the ability to search or have access to your book without notice may well be more useful to you than the ability to have a copy 20 years from now, or the ability to lend the book to a friend.

      It may even be worth paying more for.

      --
      You are not alone. This is not normal. None of this is normal.
    5. Re:And those expensive E-books... by squiggleslash · · Score: 3, Insightful

      If you've ever been to a bookshop you'll have seen books on sale at ridiculously low prices too. It's not unheard of in any industry to put things on "special offer" in order to "sell more stuff".

      In addition, this case is about Amazon trying to make its ebooks less expensive than Apple's, B&N's, etc. It is not about Amazon trying to undercut paper book prices, and indeed, as the GGP correctly noted, Amazon frequently charges more for eBooks than new paper books (and virtually always more for eBooks than Amazon charges for used paper copies.)

      I'm not sure why you'd think people are buying Kindles to get cheaper books, but it just isn't true, and that's not the attraction.

      --
      You are not alone. This is not normal. None of this is normal.
  2. Publishers should be able to price their product.. by dehole · · Score: 2

    Publishers should be able to price their product at whatever levels they want. They got into trouble when they got together to agree on set prices.

    Ebooks are an interesting thing. The Apple and Kindle Ebooks seem to be licenses to view the content, unless you illegally break the DRM of the content and load it into callibre or a similar software. You can't buy an ebook and then sell it when you are done. You can't buy a used ebook :)

    Physical textbooks are getting that way too, coming with 1 time licenses to study problems that your teacher may require, which eliminates the used text book market. Ultimately, they are adapting their profit model to extract the most they can out of the existing market, similar to how Dice hosts advertisements on slashdot and calls them news articles.

    I would hope that these trends push people to abandon these platforms, but history tells me that most people will stick with it because its good enough (some people gradually edging out of the market, but they don't matter). Will the people sick of these moves make their own platform? Hopefully.

  3. Re:compete with paper by CanHasDIY · · Score: 2

    I rent ebooks...

    FTFY.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  4. Downside by SuperKendall · · Score: 2

    On the other hand, given the egregious awards for downloading just a few movies or songs - imagine the financial penalty for a collection of a thousand books.

    Everyone is just lucky the book industry is not going after pirates the same way the music industry has.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  5. Re:Apple trying to protect the market from Amazon by Chris453 · · Score: 2

    It was about the publishers (and Apple) trying to keep the market more open to competition

    Do you really believe that? If so, I have some ocean side property to sell you in Arizona...

    Apple and the publishers did this to make money (as much of it as possible) and didn't think anyone would notice their backroom dealing.

  6. Re:compete with paper by MightyMartian · · Score: 2

    I dunno. I've bought books from Apple's store. They come as an unencrypted epub file which I can happily read on pretty much any modern eReader.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  7. Re:Buy? Pffff. by MightyMartian · · Score: 2

    Well, that's a solution... if you have no scruples whatsoever.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  8. Re:Of course Apple are going to take it to court. by alexander_686 · · Score: 4, Informative

    You are right – but you are also missing the point.

    There are 3 major players: the publishers, the distributors (Apple or Amazon), and the customers.

    Amazon’s Kindle used a distributor’s model. Amazon would buy the book at a fixed price from the publisher but would set the retail price. They could, and did, sell books at a loss, to promote the Kindle.

    Apple uses an agency model. The publishers set price and then negotiates the percentage the retailer (Apple) keeps. It is alleged that Apple and the publishers colluded to break Amazon’s near monopoly.

    The agency model shifts power away from the distributors to the publishers. As you say this model has been around for a long time – so why care?

    What makes it a Federal case is that (allegedly) this raised prices for consumers. Why? Because now all bookstores sell the same book for the same price, so bookstores are no longer competing on price. It shifts power away from customers to the publishers, resulting in higher prices.

  9. Re:Of course Apple are going to take it to court. by Pembers · · Score: 2

    The problem was not Apple's app store model. The problem was that Apple allegedly colluded with the publishers to raise the prices of ebooks in other stores. With iPhone and iPad apps, it didn't matter so much, because the Apple store is the only officially-sanctioned source of those. I guess Apple didn't like the thought of having to compete on price with other ebook retailers...

  10. Same motivation by SuperKendall · · Score: 2

    Apple and the publishers did this to make money

    Of course they did.

    Because Amazon destroying all other publishers means they make very little money. But do you think that's better, or worse for readers?

    Amazon charging less so they can lock the whole market into the Kindle platform for eBooks is not exactly an altruistic move either you know.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  11. Re:Of course Apple are going to take it to court. by Anonymous Coward · · Score: 2, Insightful

    But Amazon is selling books at prices across the board that are unprofitable and accusing anyone charging higher prices of gouging. They are actively trying to destroy other distributors and bring publishers under their thumb. This is going to hurt consumers in the long run because destroying publishers and distributors ability to make a profit will result in fewer books getting published. Consumers will have fewer books to choose from and fewer venues in which to shop for them.

    I'm absolutely amazed that folks here on Slashdot who claim to value freedom, etc, are actually cheering Amazon's attempt to build a monopoly. Has everyone's hatred for Apple really blinded them that much to what's going on here?

  12. Re:Of course Apple are going to take it to court. by SDrag0n · · Score: 3, Informative

    You don't seem to understand. You're right, Apple shouldn't have the ability to set prices for other stores, but what they did was get the publishers to agree that they wouldn't allow other stores (aka: Amazon) to sell for prices less than Apple.

    That's why there is such a "to do" about this. It's not the way things normally work and that's why the DOJ has brought the lawsuit about.

    --
    I don't have time to make a sig
  13. Re:Of course Apple are going to take it to court. by SpiralSpirit · · Score: 2

    Apple's business model was to raise everyone's price and contract so that no one could sell cheaper than them. It was good for apple and good for the publishers, and you want to tell me its "A Good Thing" for consumers? It is outright price fixing. Amazon's behavior has legal tests you can apply to see if its monopolistic behaviour that's illegal, but you'll find that it involves other distributors (like apple) not being able to get content, which certainly wasn't the case. It isn't illegal to just sell something for less than your competition. It doesn't take a set of binoculars to see that you're missing the point entirely, and defending Apple's actions that were truly bad for the consumer. It was anticompetitive (to put Amazon and their thin margins out of business) and also illegal by fixing prices.

  14. Re:It was worse than that by gnasher719 · · Score: 3, Insightful

    Agency pricing is pretty scummy period in my opinion, and is fairly rare. Here not only was it being done, but as a collusion.

    Apple has so far sold 25 billion songs, all with agency pricing. Record companies set the price, and Apple sells it. The same things with books. Apple sells tens of thousands of different ebooks. They don't want to worry about what price to set for each book. So they let the publisher set the price; the publisher has more experience anyway.

    Now apparently Apple told the publisher: If you sell the same book to other distributors for less, then we are not interested. Can't see anything wrong with that.

  15. Re:Of course Apple are going to take it to court. by vakuona · · Score: 2

    Yes, they own the US justice system, and yet it is the EU courts that produced a pretty scathing opinion of Samsung's abuse of FRAND patents.

    But let's not let facts get in the way of a good conspiracy.