Apple might still be fighting a rear-guard action in the anti-trust lawsuit they lost last month, but the settlement between Apple's 5 co-conspiring publishers, the DOJ, and the State Attorneys General is moving forward.
Amazon sent out an email this morning with a new update on the settlement. Did you buy one or more ebooks between 1 April, 2010 and 21 May, 2012 that was published by Hachette, HarperCollins, Simon & Schuster, Penguin or Macmillan?
If so, this settlement will affect you. The email is at the end of the post, but here's the tl;dr version.
First, this email only affects Amazon and their customers. If you need information about how the settlement affects ebooks purchased through other retailers, you can find it on the official website that was set up by the state attorneys general:
According to Amazon, the anti-trust settlement with the 5 publishers is moving forward at what I would describe as a relatively fast pace. The agreement involving Penguin and Macmillan, the last 2 publishers to settle, is due to go before Judge Cote in December. If it is approved by the judge and not appealed by the defendants then a credit will be applied to your account at Amazon.
Yes, it has been over a year since the indictment was announced and the first 3 publishers settled, but this is still a relatively fast pace when compared to some cases. For example, the product liability lawsuit Daedalus v Ithrak, seller of wax, is still winding its way through the Greek courts.
Amazon did not name a set date on when you will get the credit from Amazon, but they did indicate that (assuming you qualify) it would happen automatically and that "it is estimated that it will range from $0.73 to $3.06 for every eligible Kindle book that you purchased".
Why the big difference?
If the ebook you bought was an NYTimes best seller at some point then you'll get the $3.06. But if the title never made it on to the NYTimes best seller list then you'll get the lower amount.
This email also reminds us that we have the option to object to or exclude yourself from the settlement. You can also request to attend the December 2013 hearing on the settlement. If you choose to do any of these things you can find the necessary info on the official website:
Dear Kindle Customer,
Last fall we notified you that you are entitled to a credit for some of your past Kindle book purchases as a result of legal settlements between several major book publishers and the Attorneys General of most U.S. states and territories. We wanted to let you know that two more publishers have since settled with some State Attorneys General and Class Plaintiffs and these new settlements may increase the amount of the credit you will receive. A formal notification from the Court about these settlements is included below.
You do not need to do anything to receive this credit. If the Court approves the settlements in December 2013 and there is no appeal, a credit will appear automatically in your Amazon.com account that can be used to purchase Kindle books or print books. We will contact you when the credit is applied to your account. While we will not know the amount of your credit until the Court approves the settlements, it is estimated that it will range from $0.73 to $3.06 for every eligible Kindle book that you purchased. To be eligible, you must have a U.S. billing address and must have purchased a Kindle book published by Hachette, HarperCollins, Simon & Schuster, Penguin or Macmillan between April 1, 2010 and May 21, 2012. These publishers will provide the funds for the settlements. If you have already requested a check instead of a credit in response to the notice you received last fall, that request will cover these additional settlements and you do not need to do anything else. If you would like to request a check, you may do so by following the instructions included in the formal notice of the settlements, set forth below. You can learn more about the settlements at www.amazon.com/help/
In addition to the account credit, the settlements impose limitations on the publishers’ ability to control eBook prices. We think these settlements are a big win for readers.
Thank you for being a Kindle customer.
The Amazon Kindle Team
Benefits from E-books Settlement Fund
Para unanotificación en Español, llamar o visitarnuestro website.
Records indicate that you are eligible for a payment from Settlements reached by State Attorneys General and Class Plaintiffs with E-book publishers Holtzbrinck Publishers, LLC, (known as Macmillan) (“Macmillan”) and Penguin Group (USA) Inc.(“Penguin”). The Settlements resolve Plaintiffs’ claims against Macmillan and Penguin in antitrust lawsuits about the price of electronic books (“E-books”). Amazon has not been sued in these cases. It is providing this notice as a service to its customers.
What the Settlements Provide
The Macmillan and Penguin Settlements, together with settlements previously approved by the Court, create a $162.25 million fund for payments to consumers who purchased qualifying E-books from April 1, 2010 through May 21, 2012. If the Court approves the Macmillan and Penguin Settlements, eligible consumers like you will receive automatic credits to your E-reader accounts. The credit can be used on any purchases of E-books or print books. The amount of your payment has been determined based on the qualifying E-book purchases identified by Amazon in your E-reader account.
How to Receive your Benefit
Because you are pre-qualified, you do not need to do anything to receive your credit. It will be applied to your account by Amazon automatically, and you will receive another email letting you know when it’s available. Please note, while this notice is for the Macmillan and Penguin Settlements, your payment from all settling publishers will be combined and issued as one credit for your Amazon E-reader account. (If you bought E-books from more than one retailer, you may receive notices with different instructions about whether you will receive a credit or need to file a Claim Form for that retailer. You will have a separate claim for each retailer and you should follow the specific instructions from each one.)
You also have the option to receive a check instead of your credit. You can request a check by calling 1-866-621-4153, or going to the Settlement website listed below, and clicking on the Check Request Option link on or before October 21, 2013. Be sure to reference the Settlement ID number found at the top of this email. The Settlement website is: www.EBookAGSettlements.com.
Your Other Rights
You can choose to exclude yourself from the Macmillan and/or Penguin Settlements and keep your right to sue on your own. If you exclude yourself, you can’t receive any benefits from that Settlement. If you don’t exclude yourself, you can submit objections about the Macmillan and/or Penguin Settlements.
Your written Exclusion Form or objections must be postmarked by October 21, 2013. Please visit the Settlement website for detailed information on how to submit a valid Exclusion Form or objection.
The antitrust lawsuit against Apple, Inc. continues. Your rights in the separate suit are not affected by any action you take in regards to these Settlements.
The Court will hold a hearing on December 6, 2013, at 3:00 p.m. to consider whether to approve the Settlements. You or your own lawyer may ask to appear and speak at the hearing.
image by florence wang