Tag Archives: publishers

Judge Cote Certifies New Class Action Suit Against Apple, 5 Publishers

When4729801304_d50a7c1dae[1] it rains, it pours.

Hot on the heels of reports of 2 indie ebook retailers filing antitrust lawsuits against Apple and 5 publishers comes a new story of a new antitrust lawsuit. Judge Denise Cote, aka the bane of Apple’s existence, certified a new class action lawsuit on Friday against Apple and HarperCollins, Hachette, Macmillan, Penguin, and Simon & Schuster. Continue reading

Bob Kohn Appeals Macmillan, Penguin eBook Settlements – Could he be a Cats-Paw for the Publishers?

Never onebob1[1] to take NO for an answer, RoyaltyShare founder Bob Kohn filed an appeal today over the recently approved settlement agreements between Macmillan and Penguin and the DOJ.

It seems that Mr. Kohn wasn’t satisfied when Judge Denise Cote ignored his amicus curae pre-trial filing in September 2012, and he wasn’t satisfied when the judge shot him down when he made the same arguments in a post-trial session last month, becasue he was back _again_ last week with a new filing that made the same old arguments. Continue reading

BitTorrent Bundle Could be a New Way for Indie Publishers to Sell eBooks

bittorrent bundleBitTorrent launched a new commerce platform today that promises to offer artists and authors a new way to sell directly to fans/readers.

It’s called BitTorrent Bundle, and it’s going live today in a private alpha test with 8 launch partners: FADER, Cinedigm, The Collective, Gravitas Ventures, Converge Studios, Topspin, Interloper Films, and Tim Ferriss. Continue reading

Further Developments in Agency Pricing, Google Books Lawsuits

PaidContent has updates on a couple of e-book-related lawsuit stories today. First, Judge Denise Cote has approved the $69 million everyone-but-Minnesota lawsuit settlement with Hachette, HarperCollins, and Simon & Schuster. The payments won’t happen until next year because of a “fairness hearing” to be held on February 8th to allow those opposed to have their say against it.

Cote previously issued an order waiving her own right to collect the 25-cents-to-$1.32 refund under the settlement, just to avoid any possible appearance of conflict of interest I suppose. Though I’d think it’s easy to do when the most you could get out of it would be $1.32 anyway.

Continue reading

Apple, Publishers, Authors Guild File Briefs Opposing DoJ Agency Pricing Settlement

doj-buildingThe three-ring circus continues. Apple, the two non-settling publishers, and the Authors Guild have filed legal briefs in response to the Department of Justice’s proposed settlement with the three publishers who are settling. Unsurprisingly, they’re all against it, and tend to share similar arguments. One kind of funny thing here is that, though the judge had asked them to make their oppositions clear during the public comments period, these filings after it ended represent the first peeps we’ve heard out of some of them in terms of their precise feelings about it.

Apple insists (PDF) that by forcing those publishers to terminate their agency pricing contracts with it, the DoJ is punishing Apple a year before it even comes to trial. Bob Kohn, whose own brief I mentioned the other day, is against allowing Apple to skate while Amazon gets to terminate its own agency contracts—because Apple could use its “most-favored nation” clause, in which it is allowed to match the lowest price of a given e-book anywhere, to scoop the price advantage of non-agency without having to pony up its wholesale cost.

Continue reading

Hachette UK Wants Authors to Ask Tor For DRM Back

In case you thought that Tor’s enlightened stance on DRM might be a sign that the ice might be starting to melt around the Big Six publishers, think again. Today in Publishers Weekly, Cory Doctorow writes he has obtained a letter that the UK arm of Hachette sent to authors publishing with it asking that they demand Tor return DRM to their titles, and advising them it will be adding language to its standard boilerplate contract requiring that any titles Hachette UK licenses for its region must be locked down with DRM elsewhere in the world.

Doctorow is, of course, appalled at this, pointing out that DRM hasn’t stopped Hachette’s works from being available from peer-to-peer networks now, and all it does is hinder consumers’ legitimate uses of the e-books. However, The Bookseller is carrying statements Hachette UK execs have made in response, pointing out that the boilerplate language is as negotiable as any other part of the contract and that a lot of publishers include language insisting licensees use DRM in their contracts already.

Continue reading

Skoobe Launches in Germany – Publishers Do Like eBook Rentals

A new ebook service launched earlier this week, and once again I am gnashing my teeth in envy. Skoobe is the Netflix style flat rate subscription plan that I’ve been wanting for a while now, only it’s happening in Germany.

Skoobe is a joint venture between Bertelsmann and Holtzbrinck, 2 publishing and media conglomerates. It’s currently focused on just German language titles, and it does not sell ebooks. Continue reading

Frustration in eBookville: Will There Be a Rubicon for Publishers?

I’m one frustrated ebooker! I recently purchased several books in hardcover (The Eichmann Trial by Deborah E. Lipstadt and Bismarck: A Life by Jonathan Steinberg), which is (supposedly) what the publishers prefer I do. But although I bought hardcover versions for my library, I would like to do the actual reading on my Sony Reader.

Continue reading

Tell Publishers Why You Didn’t Buy A Book

Lost Book Sales: Every day an author and a publisher lose a sale. These are the stories why.

I mentioned this site before. Things have since changed for the worse for readers. Random House has adopted the price-fixing anti-competitive Agency Model.

For example, overnight The Girl With the Dragon Tattoo went from about US$5.00 to US$7!

For no damn good reason.

It could have been Agency Priced at what it was. But no. Random House wants to squeeze some more money out of people.

That’s a lost sale to me.

I can wait until the price drops. Maybe that will happen when Random House declares bankruptcy from other such lost sales.

reposted with permission from Mike Cane’s Xblog