Amazon: Publishers Strong-Armed Us On E-Books
Nerval's Lobster writes "Strengthened by an agreement with Apple that set the prices for their respective e-books higher, publishers strong-armed Amazon into giving them similar terms, an executive for the online retailer has testified in Manhattan federal court. The U.S. Department of Justice has taken Apple to court over the alleged price-fixing, after reaching out-of-court settlements with five publishers (HarperCollins Publishers LLC, Simon & Schuster, Hachette Book Group, Penguin Group, and MacMillian). Apple, which competes with Amazon in the e-book space, refused a similar settlement. "Certainly if someone offered reseller, we would have taken them up on that offer," Russell Grandinetti, Amazon's vice president for Kindle content, testified before the court, according to Reuters. "Reseller" means a company sells goods to a retailer for a particular price (usually wholesale), allowing the retailer to set the actual sales price. Under the terms of that model, Amazon could sell e-books for super-cheap, even if it meant going beneath the publisher's wholesale price. Macmillan and Amazon ended up in conflict over the issue, with Amazon temporarily yanking the publisher's e-books from its digital shelves. "We will have to capitulate and accept Macmillan's terms because Macmillan has a monopoly over their own titles, and we will want to offer them to you even at prices we believe are needlessly high for e-books," Amazon wrote in a statement at the time. "Amazon customers will at that point decide for themselves whether they believe it's reasonable to pay $14.99 for a bestselling e-book." But Amazon eventually relented to Macmillan's demands, along with those of other publishers, and submitted to the agency model, in which publishers have a heavier hand in setting retail pricing."
Why do they want even more than for a the paperback?
I am getting less in that I cannot resell it and no physical copy, yet they want even more. On top of that their costs are reduced, since they need not print, ship or deal with any of that.
I just end up not buying those books. It seems though all media folks are just too greedy for their own good, books the same as movies.
But you can't fix prices on books...
Well, e-books anyway.
Dead trees are still highly variable.
A feeling of having made the same mistake before: Deja Foobar
Is it just me or is everyone doing mental calculations of how many books I should pirate to get my money back?
If I was Amazon, I wouldn't have caved. If any of my vendors up the price even a penny above what I think, I go to their competition and they're dead to me. Systemax (aka Tiger Direct and Infotel) gave me 5% off at my volume so gooooodbye Newegg. They aren't seeing my $50,000 in inventory and custom build purchases anymore.
If it's a vendor that ups the price, same deal, in that I just don't carry them. For example, OCZ Vertex 4 SSDs. They were $80-100 all the time. Then suddenly their press release says they're done "being competitive" and guess what, I ordered zero after that when they hit $140-150. Now I sell Samsung 840's and Kingston Hyper X 3K's.
I think Amazon should have done the same. None of this "oh but I like them and we want to do business with them and want money." You have to have an iron fist until the company gets a clue. OCZ is now on the verge of bankruptcy. Clue much? You would think, but no, same old prices.
Amazon has made a fortune by understanding the marketplace. Publishers only care about controlling the works they release. I think often they forget that the reason people purchase books, and just assume they'll buy them. There's a reason I frequent used bookstores and only pick up ebooks for free or for a very, very low price. I like lending my books, I like selling my books if I don't like them, and I like not having to worry about whether my device is charged.
People know when they're getting ripped off. $15 to copy a file which can be sold an unlimited number of times by the publisher with no further cost or effort is ridiculous, especially when compared to the price of waiting for a physical paperback or a used copy.
In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
"Print is dead." But we pay market rates anyway.
Long live the all holy business model.
$15 to copy a file which can be sold an unlimited number of times by the publisher with no further cost or effort is ridiculous, especially when compared to the price of waiting for a physical paperback or a used copy.
I don't understand. Are you saying $15 for an instant copy of a file is ridiculously good compared to the time wasted waiting for a more expensive physical copy?
If not, could you perhaps rephrase that last part?
PDF yes.
E-Books? too expensive and locked to a "reader". (Kobo, etc)
In 5 years, that "e-book" is a useless file.
My money is long gone and I can't sell it or even give away the "E-book".
Giving it away could be illegal (WTF!)
"Right to read" was a prophecy of doom but it's becoming reality.
Obama's legacy: (N)othing (S)ecure (A)nywhere and (T)error (S)imulation (A)dministration
The link in the summary is /. masturbation, so here's the Reuters article that it links to, no extra ad impressions needed. (wtf is "Slashdot Cloud"?)
You don't set your price based on what it costs you to make/provide something. You set your price to maximize profits.
So it doesn't matter that eBooks are cheaper to make/distribute than hard copies. What matters is whether people are willing to pay the same price for an eBook as they are for a hard copy. eBooks are arguably better than hard copy books, so it stands to reason people will pay at least as much, if not more, for them.
Now, in a free market, you would expect a competitor to enter the market at lower pricing - but books are copywritten, so it's not exactly a free market. Even then, the justice department is examining whether competitors in the market illegally colluded to force the agency model on eBook retailers.
paintball
When Amazon says that they'd like to sell some books below wholesale, and claims that the agency model prevents that, they are lying their asses off. They could easily get around that restriction. The simplest way being by offering an account credit on certain books. The problem with that approach from Amazon's perspective is that it would reveal how large the subsidy is. Doesn't matter to the consumer, but it is competitive information they wouldn't want public.
On the other hand, if the agency model prevents Amazon from negotiating a different wholesale price than Apple pays, then that is collusion. I'm not sure it rises to the level of needing a government crackdown, but it is slimy none the less.
And the flip side of this is that Amazon of course would be happy to subsidize book sales and Kindles to drive people to the Amazon store to buy other things. Which in turn could have the anti-competitive effect of making tablets from Apple, Samsung, and others over priced by comparison and push them out of the market.
It doesn't matter which way the courts rule on this one, the consumer loses.
> Macmillan has a monopoly over their own titles
That's not a monopoly. Wait, I guess Disney has a monopoly on a single Mickey Mouse statue, amirite? Amazon scumbag lawyers.
Amazon's model isn't much better. They make their money by setting the price for a best-seller high, and everything else ridiculously low. And this seems reasonable to a "supply and demand" society, but there's an endless supply of ebooks. More over, that means that authors aren't going to make enough money to keep writing unless they happen to have a best-seller - and the market ends up flooded with garbage like Twilight and 50 Shades of Grey. It's a CostCo mentality. The consumer doesn't know any better, and hey, they're getting most of their books for 99 cents! Seems great from their perspective. But that model kills publishing in general. Anyone who thinks the only cost to publishing a book is the time it takes to write it, has never published a book. Even for a bare-bones self-published ebook, you need at the very least an editor. For anything serious, or that crosses over into the print world, then you need a cover artist, a designer, marketing, and probably someone who knows how to bring it all together... they call those people publishers.
Have you seen the absolute garbage that gets "self published" on Amazon? The ability to put a book out there on Amazon's site *for free*, is perhaps the biggest danger to the publishing industry ever. There are thousands upon thousands of "books" that are nothing more than $.99 scams. Some are literally garbage text or word for word rip off's of someone else's work with a new title. They might only get a few suckers, but they do this *thousands* of times over.
The relatively high price of many e-books drastically reduces the number of e-book purchases I make. I'd be much more inclined to purchase more e-books if they were more reasonable (especially since what you're purchasing is usually more like a license to read it, rather than owning a permanent copy of the work). One side-effect is that I've purchased more self-published or small-publisher e-books than I would have otherwise.
No, sales are down, "piracy" up and the reason? Because it doesn't work. Because most people DO NOT buy into it.
But they have a monopoly and you will not get their titles except through them at the price they set.
Or you don't buy.
Or you avoid the legal route and just take it.
These are the only choices they have given you.
Amazon has made a fortune by understanding the marketplace.
Considering their huge revenue, not really. Barely $5 billion since 2003. And last year they lost $39 million, while having a revenue of over $61 billion. They may understand the marketplace, but not making money.
Pricing can be based on utility, rather than cost; see http://en.wikipedia.org/wiki/Utility. I completely agree with you in principle, but I've found I am now just buying ebooks, even when I could get a paper copy for less, because:
- I get it instantly
- I tote my entire library around on a device that weighs 11 ounces
- I can read on multiple devices and it syncs my position automatically
And I recently gave >1000 books to the library when moving, so I know that despite my fears that Kindle as a platform might die, I'm not necessarily keeping all my books forever. (Although since my daughter is 11 and I'm now giving her books I bought when I was a kid... there is definitely some merit to it. If anything, this is the one thing that keeps me occasionally buying paper books; the loaning and hand-me-down factor.)
I'll be honest - I hate myself a little for capitulating, because on principle I completely agree with you. But I also drop $6 on triple lattes frequently and I just feel too busy to feel any rage over a few bucks here or there. I applaud everyone who goes for the cheaper option even if they'd prefer the e-book at that price.
The equivalent crap happens in movies as you point out. HD movies on iTunes being $15 instead of $10, or $20 instead of $15, say, seems fairly absurd, since the difference is perhaps $.02 of bandwidth. TV shows even more crazy, being $3 instead of $2.
The reality is, publishing is a completely shitty business. Macmillan's parent company (a publishing conglomerate) made a whopping 6.7% on 2.1B Euros in 2005 (BEFORE taxes). (2010 they were up to 2.25B euros)
That's not exactly rolling in the dough.
Copyright is the opposite of the free market of "run-of-the-mill Capitalism". And what are you whining about? Someone complaining about the one-sided contract being unfair?
THAT'S WHAT YOU'RE SUPPOSED TO DO.
If you can't negotiate a contract, it isn't a contract. "take it or leave it" is not a "meeting of minds".
For centuries we had Libraries where people didn't have to buy books. This was because books were had printed and insanely expensive.
Then the printing press and modern book binding was invented and books became distributable.
Then cheap high volume printing happened and books became... cheap.
Anyone could own one. Woah! Now instead of selling to the wealthy, Universties and Libraries you can sell to ANYONE.
And people will PAY good money for them. Then in the 60's and 70's and something started to happen. Printing and publishing got cheaper and cheaper and distribution started getting wider and wider and people started thinking that new books are better than old books ( in Fiction anyway )
Why go to the library when you can buy your own? It's a New York Times Best Seller! ( which translates somehow to "it's good" )
Then in the 80's and 90's publishers realized that you have to sustain the image of a book being valuable and even rare... you start seeing $30 and even $40 hardbacks with $10 paperbacks. All the while, the actual cost to produce the books gets less and less.
Now the cost of creating an ebook and distributing is is next to nothing... there's an initial infrastructre investment necessary, but it does even remotely approach the cost of packing and shipping physical books.
So the publishers are riding out the fact that you *think* books should cost more money because that's what books cost. You pass up that $5 Bluray of Terminator 2 at Bestbuy, but you'll buy any number of $9 Kindle titles. Because... you know.... books are expensive.
I have a hard time believe amazon was being strong-armed by anyone, let alone book publishers.
I work for magazine publisher (top 25 on amazon's digital editions) and we are constantly being push around by amazon and have very little say in how our magazine is presented, reported, priced, etc.
eBooks are arguably better than hard copy books
There are 3 advantages for Ebooks over paperback
1. Size (no extra weight 2 carry), so can carry a whole library.
2. Searchable (not very useful for novels, somewhat useful for textbook, very useful for reference)
3. PRICE. ---- The main advantage.
The downsides?
1. Usually lower res
2. Requires power to run
3. Book reader easier to damage
4. Can't resell
5. DRM restrictions limit where you can read
6. Arguably harder to read in bed falling asleep
You also compete with "free" Ebooks which cost nothing more than a tiny chunk of bandwidth and usually a small amount of room on your device. There is almost no such thing as a free paperback. Very cheap yes, but free physical books are much rarer than free Ebooks.
So like the rest of the media "industry" these middle men are greedy jokers.
I read more ,purchase more ebooks then i ever did paper books. I love Amazon that they have lots of great books from Idie authors that might have never seen light of day otherwise. I feel that if the big publishers cannot keep up there will just be less of them. I am just not going to purchase a ebook for 14.99.
What happened to that old thing?
The publisher sells to Amazon and should have absolutely no say in the price Amazon then charges when they resell it. It's not the publishers concern as to how much profit/loss Amazon make. Anything otherwise is pretty much the definition of price fixing.
Gotta spend money to make money.
"McMillian has a monopoly over their own titles."
Yeah, that's how copyright works, that is in fact the entire purpose of copyright. Exercising your perfectly legal rights isn't "strongarming", hell what Amazon is doing, trying to force publishers into a business model it wants is strongarming. Having too much clout, so as to be able to refuse a copyright owners demands is what's wrong here, that's called a monopoly and any halfway intelligent economist would call for it to be broken up.
Now if there was provable COLLUSION, between the various publishers, THEN that's illegal. But the email alone, between Murdoch and Jobs, does not prove anything. In fact, if they just went in and offered a better deal for a big market (i-books) to the publisher than they were giving Amazon, then that's perfectly legal and all well and good. So the entire thing hinges on provable collusion and conspiracy, or at least should. No accounting for what the US government feels like doing or thinks should and shouldn't be punishable at the moment.
That's my fucking time, maybe I like going to the shop and browsing books. Are you saying they deserve to be paid extra for giving me the "luxury" of sitting on my arse all day? It's a cheaper product. You're clearly the same bullshit AC that's all over this thread shilling for someone. At least have the balls to give yourself a pretend name so we can properly respond to you instead of jumping in telling everyone they're lazy or greedy for thinking (rightly) they are getting screwed on ebook prices!
If you think someone isn't free to have a different definition of "freedom" you may be a tyrant.
I will only buy an e-book if it's in DRM-free cbr/cbz or pdf format. The prices for the things in the article are too high.
Don't get me wrong... Agency has downsides. Lots of them. It's tremendously annoying that there are no sales on Agency books. Kobo (my preferred store) gives out lots of discount codes, but they're of limited use because they don't apply to Agency books. And those publishers that choose to price their ebooks above the paperback price are extremely frustrating (although a few of them seem to be getting a clue. Tor, for example, prices Robert Jordan's Wheel of Time books at a decent discount from paperback. DRM free too.)
But without Agency, it's entirely possible we'd be living in a Kindle-only world.
Amazon was using ebooks as loss-leaders to sell Kindles. $9.99 for the latest bestseller. The publishers hated it because it cannibalized their hardcover sales. But the danger went a lot further then that.
One of the boards I read (I think it might be mobileread.com) introduced me to the concept of a monopsony. Call it the flip side to a monopoly. There existed a very real possibility that Amazon would become the only practical retailer for ebooks, thanks to their willingness to take a loss to build market share (and the deep pockets to enable taking that loss.)
I much prefer the current, varied ecosystem in ebook retailing. I like owning a Kobo Touch, which lets me read ebooks from anybody selling epubs (as long as they don't use customized DRM, but hey, it's a pain getting Barnes & Noble to sell to a Canadian anyways, so who cares.) Amazon wouldn't work nearly as well for me. Canada is an afterthought market for Amazon.
The trial is proving interesting. CNN/Fortune has really good coverage on their Apple blog.
When your five co-conspirators settle, your guilty!!!!!
Go to the fucking library! Its a resource you're already paying for and nowadays they have other perks too.
This coming from the company trying to monopolise e-books so they can strong-arm publishers.