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Nate Hoffelder

Nate Hoffelder

Digg Will Target Their Google Reader Replacement at Hard-Core Users

Digg has just released the early results of last week’s survey.

This social reading start-up is working on their own replacement to Google Reader, and one step Digg made in that direction was to ask current Google Reader users what we liked. Over 17 thousand users have already filled out the survey, and Digg has noticed that the average Google Reader user spends a lot of time in the service.

For example, over 60% of users report that they subscribe to 50 or more RSS feeds in Google Reader, with nearly 20% subscribing to more than 250 RSS feeds.  The survey has also shown that 80% of users check Google Reader many times a day, and that we are using it both for work and for personal reading.

Search doesn’t seem to be used all that much, and since it is "a huge investment in terms of development time and infrastructure costs" it’s been moved down the list. Digg has also noted that keyboard shortcuts were used at least sometimes by 67% of respondents. So far none of this surprises me because it matches with how I use Google Reader. And the rest of the survey is not too surprising, either.

Take the word cloud at the top of this post, for example. The final question asked users for suggestions as to what could be removed from Google Reader to improve it. As you can see, the leading answer is "nothing".  Other questions asked which alternative feed readers we used, and there doesn’t seem to be a clear winner among the possible Google Reader replacements.

That’s good news for Digg, but it is also good news for the rest of us as well. As the many possible replacements vie for the throne, the competition will force them to improve their service, offer more features, and try to be better.  That means we are going to see more innovation in this niche over then next few months than we have seen in the past 5 years.

 

AAP: eBook Sales Up 41% in 2012 as Growth Slows Down

The American Association of Publishers released the year end stats report for the US book market yesterday, and it looks like the US ebook market is not growing nearly as fast as it did in past years.

AAP’s stats for the overall book market showed a 6% growth in 2012 (from $6.7 billion to $7.1 billion), with most segments except hardcover reporting positive growth. Adult and religious hardcover market segments both shrank in 2012 by several percent, a sign that the more expensive editions are a luxury that consumers can do without in this tight economy.

The combined ebook market was up 41% (from $1.1 billion to $1.54 billion), with children’s ebooks showing the best growth (120%). That puts ebooks at about 21.67% of the total US book market, just under the combined paperback market segments (trade, massmarket, etc) which the AAP pegs at $1.66 billion. Though I am not sure that figure is reflective of the real paperback market; it’s not clear where YA paperbacks are factored in.

Update: The AAP is reporting that ebook market share was 22.55% in 2012. The reason my number differs is that their figure is based on stats that were edited slightly so the 22.55% reflected the same data set as collected by the AAP in earlier calendar years.

All in all, the growth rate of the US ebook market does appear to have slowed considerably. The AAP reported in early 2011 that the calendar year 2010 saw a 165% increase in ebook sales, and last year the AAP reported that 2011 ebook sales were up 117% over that of 2010 (I still have the emails).

Of course, these figures don’t necessarily reflect the entirety of the US ebook market, just the sales data reported to the AAP. As anyone who follows this topic should know the AAP figures only include data provided by 1,193 AAP members.

It is entirely possible that the growth of indie ebook sales now outpaces the rate reported by the AAP, and there is even some data to support that conclusion. Amazon, for example, reported a much higher growth rate for their ebook sales in 2012 – 70%, in fact.

And as a reader has just reminded me, B&N reported earlier this week that a quarter of sales in the Nook Store are self-published ebooks and thus not reflected in AAP figures. Apply that percent across the market and there could be quite a lot of ebook dollars that aren’t being counted by the AAP.

Nook Press Won’t Let Users Edit Previously Published eBooks

When B&N announced Nook Press earlier today I was thrilled to see that B&N was a step ahead of Amazon. The new online editing and creation tools offered hope that B&N might have the technological ability to go toe to toe with Amazon.

But then readers left comments about their experiences in using Nook Press and reality set in. It turns out that Nook Press is no better designed than PubIt. Not only are users reporting that the site crashes frequently and has broken features, one user has already found the tragic flaw that renders Nook Press useless.

Unlike KDP, you can’t edit a book after you have published it via Nook Press.

Update: B&N finally added this much needed feature.

I’m not kidding. B&N’s new and amazing online editing and collaboration tool isn’t designed to let you edit or collaborate on an ebook after it has been put up for sale in the Nook ebookstore. B&N even spells this out in the FAQ (here):

Can I edit my Project after I put it On Sale?
NOOK Book Details can be changed after you put your Project On Sale as a NOOK Book, but at this time, the NOOK Book itself cannot be updated or replaced. To update or replace a NOOK Book that is currently On Sale, you would need to take the Project Off Sale, download the ePub from the Project page, create a new Project, upload the downloaded ePub or create a new Manuscript in that Project, and then put that new Project On Sale as a NOOK Book.

Just to add insult to injury, you can’t even edit the title of an ebook without losing all the reviews, ratings, and other reader contributions.

?!?

I suppose some might say that this doesn’t matter because an ebook should be finished before it is published, but what about typos? We’ve all encountered typos in an ebook, and it’s now the norm for publishers to fix them and push out a new copy of the ebook.

Or, what about ebooks on topics that go out of date quickly? Jason Matthews, the reader who first found this flaw, writes how to guides for self-publishing an ebook. His ebooks need to be refreshed every few months with the latest info on the publishing industry.

On a related note, B&N proclaimed in the press release that Nook Press was "designed with input from PubIt authors". Gee, I wonder how many asked that B&N block them from editing a title that has already been put up for sale?

I would bet that answer is some where between zilch, nada, and zero.

P.S. I have asked B&N when they expect to add this basic ability; if and when they reply I will update this post.

image by roberlan

 

Amazon is Quietly Working to Explode the Audiobook Market

Amazon is widely recognized as having ignited the ebook market with the launch of the Kindle Store in 2007, and today I realized that they might be trying to repeat that success with audiobooks.

Earlier this evening I was reading a post by a self-published author, Josh Lanyon. Josh was lamenting about his experience with creating audiobooks via ACX and his general dissatisfaction with the fact that Amazon controls the retail price.

In the post he complains that Amazon is bundling his self-published audiobooks with the Kindle edition of his ebooks and selling them cheap. As he sees it, Amazon is trying to encourage more readers to use Whispersync for Voice:

So…yeah. Cool. Not essential, but a fun little gimmick. I really never gave it a thought because whispersync is not something I particularly need or want or care about.

I should have given it a thought, though, because it creates a problem for ACX customers, and by ACX’s customers, I mean authors and narrators. I mean me. Amazon, in its perennial quest to crush all competition through loss leading, came up with the idea of encouraging readers to try out these whispersynced audio books by knocking the price of audio books down to $1.99 if the (current version) kindle ebook is also purchased.

Naturally Josh sees this as a significant loss of income. But as frustrating as this might be for Josh, there is a larger story here. You see, I double checked his claim, and in doing so I learned there is more to this story than Amazon simply offering discounts.

I went to Amazon, picked an author at random, and checked to see what prices Amazon asked for bundled ebooks and audiobooks.

In the case of Stephen King, the prices were all over the map. Some titles didn’t have a bundle price mentioned, but on the rest of titles the asking price for adding an audiobook to the purchase of a Kindle ebook  varied considerably. The prices ranged from $4.95, $13.95, $17.95, and there was even one for 87 cents.

That’s a big difference from what Josh reported, isn’t it? Rather than simply offering a good deal to customers at the expense of authors, Amazon is charging a variety of prices.

It’s almost as if Amazon is trying to find a better price point for audiobooks.

That, folks, is a far more important detail than it might appear. Right now audiobooks are sold via subscriptions or at a rather high price – often higher than the price of the hardback edition. Everyone accepts that as the norm, but I think Amazon doesn’t.

Thanks to ACX, Amazon has made it relatively easy and inexpensive to produce an audiobook. In fact, the 20 grand that Josh reported having spent on the 12 audiobooks is actually less than it might cost to produce a dozen ebook editions (here’s why).

And now that the production cost and effort is minimized, I think Amazon is trying to find the price point where readers will buy the most audiobooks.

Remember how Amazon was famous for the $9.99 price point for ebooks? That’s the kind of price point that Amazon want to find for audiobooks.

Luckily, Amazon is in a unique position to do so.

Amazon inherited a controlling interest in the downloadable audiobook market when they bought Audible in early 2008. I don’t have data on market share but I have been told that Audible is the downloadable audiobook market.

Update: A friend tweeted that I really should offer more data on the market because there is more to the market than downloadable ebooks. This is true, but there is little public data. The AAP only reports figures for downloadable audiobooks (and not for example CD-based), and the data that the Audiobook Publishers of America has released is unreliable.

There’s little public data on Audible’s revenue, but the latest info from the AAP reveals that the US downloadable audiobook market was worth $87 million in 2012, and that it has seen an annual growth rate between 20% and 30% for the past several years.

Something tells me that a 20% to 30% increase isn’t good enough for Amazon, but I should think that should really come as no surprise.

Amazon has been doing their best to build the audiobook market for a couple years now, first by launching Audible Creation Exchange in May 2011 and then by launching Audible Author Services, which pays authors a dollar each time one of their audiobooks is sold, in April 2012.

Amazon’s investment in audiobooks is having incredible success in creating a larger supply of audiobooks to sell (a reported 10-fold increase in production). I expect that when Amazon does pick a new and lower price point, sales of the self-published audiobooks will go through the roof.

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Indie eBookstore BooksOnBoard Shuts Down Amid Cries From Publishers of Non-Payment

BooksOnBoard has updated their website this morning with a drastic change. They’ve shut down their ebookstore, and replaced it with this notice:

Please sign in on the login page to download books you have purchased. BooksOnBoard has temporarily stopped selling books. We are re-structuring to compete more effectively against Goliaths who have entered our marketplace since we first launched in 2006, i.e., Amazon, Apple, Google, Sony and Barnes & Noble.

We expect to be back with our new business model soon. Meanwhile, customers can continue to download their prior purchases as long as the publisher and their distributors continue to make them available – same as always and out of our control. As in the past, it’s always wise to download your eBooks as soon as possible after purchase.

Thank you for your support of our store over the last seven years during which we have pioneered many innovations with our customers, including the first eBooks for sale on the iPhone. We look forward to serving you again with an exciting new approach soon.

If you have bought any ebooks from BooksOnBoard, now would probably be a good time to download them one last time. I doubt the site will be around for much longer.

BooksOnBoard has been having financial difficulties for quite some time now, and in fact I have heard from a couple different publishers that BoB has not been keeping up with payments.

This issue first came to my attention in early February 2013 when Dear Author reported that the romance and urban fantasy publisher Samhain Publishing cut ties BooksOnBoard due to unpaid invoices. According to the statement:

Samhain Publishing discontinued a direct relationship with Books on Board over 18 months ago due to non-payment of money owed. However, our books continue to remain available to them via Ingram’s Lightning Source. It is obviously their choice as to which titles they would like to stock, so if you are unable to find a Samhain book listed for purchase with them, we invite you to purchase the title directly from us at store.samhainpublishing.com.

And I know of at least one other publisher who hasn’t been paid. Lyrical Press complained on Twitter in late February 2013 that they had not been paid by BoB for any of the ebooks sold during 2012. Renee Rocco, the head of Lyrical Press, confirmed the complaint in a detailed email.

I didn’t report this story in late February because when I asked BoB for a statement they insisted the nonpayment was an error that they would correct. I gave them the benefit of the doubt, but unfortunately BoB never got around to paying Lyrical Press all of the money owed. I confirmed with Renee Rocco this morning that BoB is still in arrears.

But that’s not all. I have the strong suspicion that BoB wasn’t paying their major suppliers either. I’ve been told that Lightning Source, the main ebook distributor for indie ebookstores, has also complained of non-payment. I was not able to confirm this rumor, but I will note that the shutdown today could very well be a result of LSI no longer distributing ebooks to BoB.

My requests to LSI for comment have gone unanswered. If they respond I will amend this post.

Folks, I’ve already said this but it bears repeating. Go Download Your eBooks Before It’s Too Late.

This ebookstore is very likely D-E-D dead. Someone might buy the assets out of bankruptcy, but the current operation is almost certainly a goner. And if a new ebookstore is resurrected under the BoB name, there’s no guarantee that the new owners will honor past sales.

This is a sad end to one of the older indie ebookstores. B0B was found in 2006 during a time when the ebook market was far more of a dream than a reality.  It’s weathered the rise of the Kindle, the rise and fall of the Nook, and agency pricing.

But margins have always been tight in retail, and ebooks are no exception. And thanks to agency pricing that margin got a lot tighter.

Yes, i do blame agency pricing – at least in part.  While I do like the idea of creators and publishers getting a larger percentage of the retail price, that extra money had to come from somewhere. At least some of it came from the pockets of retailers. I know that publishers like to claim that agency pricing was brought about so they can protect the smaller bookseller from Amazon, but they also made it more difficult for the smaller ebookstores to make a profit.

Virtual Library Launched in a Philadelphia Train Station

Cities all over the word are discovering that virtual libraries need little physical space, making it possible to place them in locations that would otherwise not be able to hold more than a handful of books. Cities as diverse as Mexico City and Bucharest are putting virtual libraries in transit stations, and earlier this week Philadelphia followed suit.

The Free Library of Philadelphia announced earlier this week that they had installed a virtual library at Suburban Station, a transit station that (in spite of the name) is actually in downtown Philly.

As part of their celebration of National Library Week (14 April to 20 April), more than 70 advertising boards were installed in the station. As you can see from the images at right, the signs are covered with a selection of book covers as well as QR codes that travelers can scan to download ebooks.

According to the Free Library’s blog, more than 50 titles are available for download via the virtual library as well as podcasts from the Free Library’s Author Events series. This is but a tithe of the Free Library’s extensive digital collection which includes more than 80 thousand ebooks, 8 thousand audiobooks, and over a thousand author podcasts.

The project was launched by the Free Library in cooperation with their partners SEPTA and Titan, with funding provided by Dunkin’ Donuts. The virtual library is going to be maintained during the month of April. Plans have not yet been made to expand it or keep it running after April is over, though that it under discussion.

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Izneo Removes 40% of Their Catalog After Receiving Censorship Threats From Apple

Apple, a company with a long history of censoring content, is back again today with a new purity campaign.  Reports are coming in that the digital comics distributor Izneo has had to radically prune their catalog or face banishment from iTunes.

Izneo has been selling digital comics on the iPad since they released an iPad app in mid-2010, and they successfully built a catalog of over 4000 French and Belgian titles. Business was good and everything was going fine until late Friday night when one of Apple’s censors noticed that Izneo sold adult comics. And since Apple clearly cannot allow their precious iPad to be sullied by salacious content, the censor abruptly gave Izneo 30 hours to remove all adult comics.

IDBoox broke the story earlier today, and they report that Izneo had absolutely no warning that there was a problem or guidance as to which titles needed to be removed.  All they were reportedly told by Apple was that the adult content had to go, so Izneo drastically pruned any comic that showed a breast, cleavage, and  even ones with characters evoking a suggestive gesture.

All in all 2800 titles were initially pulled from the iPad app. After removing the titles, the Izneo staff went through a second time and restored some of the less explicit titles. Izneo is back up to a catalog of 2500 titles, far fewer than they had before.

Izneo has not released any details publicly, but they have confirmed the news via Twitter (here, here).

They also have not mentioned any future plans, but so far as I can see they really have only 2 options. Either Izneo can grin and bear it, thereby putting up with Apple’s censorship, or they can find some way to get around Apple.  Izneo could always follow in the footsteps of The Financial Times and release an HTML5-based reading app, but a simpler option would be to simply stop selling comics from inside the app.

All the major ebookstores took that step last year, and besides saving the 30% vig that Apple demanded for in-app purchases the move also keeps Amazon, B&N, and other ebookstores from being hassled by Apple’s censors. Izneo would be well advised to do the same.

Infographic: Goodreads’ Success Story

We’ve all read the stories about Amazon buying Goodreads for their 16 million members, and that this site was the most successful online book community with 23 million reviews, 525 million books categories, and over 11 million monthly visitors. But have you ever considered exactly how large those figures are?

The following infographic should help put it into perspective. eBookFriendly assembled this graphic last week, and it shows you just how much Goodreads has outgrown the competition.

 

via eBookFriendly

Toshiba Launches New eReader in Japan – BookPlace Mono

Toshiba might not be a name that many would associate with ebooks, but this gadget maker has just launched their second ereader, the Bookplace Mono.

The Mono has a 6″ HD E-ink screen (1024×758), with Wifi, touchscreen, 4GB of storage, a microSD card slot, speaker, and a headphone jack.

Toshiba is boasting that the Mono has a runtime of 8,000 page turns. This ereader supports Epub and XMDF ebook formats, but is designed to buy ebooks from Toshiba’s ebookstore, Bookplace. It is also going to offer a text to speech feature which will be based on Toshiba’s proprietary Speech Synthesis technology.

When the Mono ships on 16 April it will only be available in Japan. Toshiba has partnered with 5 major Japanese bookstores to sell and promote BookPlace and the Mono ereader. Retail will start at 13,900 yen (about $145 USD).

In other news, Toshiba also announced today that they are relaunching their ebookstore Bookplace, and that it will now be supported by Booklive, a Japanese ebook platform. Bookplace had previously been supported by Blio and sold ebooks in that format, but that will no longer be the case. Along with the relaunched ebookstore Toshiba is also releasing new reading apps for iOS, Android, and (coming next month) Windows.

The Mono is a more limited device than its predecessor, the DB50. That "ereader" was actually a 7″ tablet running Android 2.3. I have a DB50, and I found it to be frustrating and not really worth the expense or the effort needed to convert it to English.

To be fair, the DB50 (and the Mono) was always intended to be sold in the Japanese market. Both devices were only supposed to buy ebooks from Bookplace, though they can support ebooks from elsewhere. So my difficulties in trying to use it in English were largely self-inflicted.

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Amazon is Now Beta Testing an Automated Cover Generator for Kindle eBooks

The cover image for an ebook is important to its success, but it’s also a rather difficult skill to master. Not everyone has the artistic skills to design a good cover, but in the not too distant future that will no longer be a problem.

There’s been no announcement from Amazon, but I have just learned that they are working on a new tool that will help self-pub authors make book covers cheaply, cleanly, and well.

A reader sent me this screen shot earlier today:

He took the screenshot while using KDP, and as you can see from the title bar Amazon is offering a "Kindle Cover Creator". The service is still in beta, and I have not seen it myself.  But I have been told that the covers shown above were automatically generated by Amazon.

I’m told they can be edited by the author and that the text can be moved and the background image can be edited. Amazon also offers a gallery of royalty-free stock photos that can be used as the background of a cover image. Users can also upload their own images.

These are some pretty decent covers. They’re not quite as good as the work of an experienced cover designer, but on the other hand they are better than the covers of some books published by legacy publishers (example).

They’re also free, which is a plus.

I’ve been wanting to see someone offer a simple tool like this for some time now. While I don’t think the average author has the artistic skill to create a book cover from scratch, I do think that they will manage to make a decent cover with this tool.

I have used similar tools to design my business cards, after a couple ugly designs I finally started making decent cards. They’re not flashy but they are professional looking and do the job.

Amazon isn’t the first to offer an automated cover generator, but they are the first of the major self-pub services to do so. They’ve beaten Smashwords, B&N, and Kobo to the punch.

Update: Readers have informed me that Lulu and Createspace (an Amazon sub) have had similar cover creators for some time now, so my claim up above is incorrect. At least a couple of the smaller self-pub services also offer a cover generator.

If you distribute an ebook via KDP then you might want to check to see if you have this option.

The screenshot at right shows a part of a KDP menu. Amazon isn’t offering this option to everyone, but if you can see the second button then you should be able to experiment with this new tool.

Edit: If you don’t see the option then you can learn more about the tool here.

Has anyone tried it? I would like to read your opinion.

Thanks, Tristan!

There’s No Need to Change Amazon’s Kindle eBook Return Policy

Have you ever returned a Kindle ebook? That option might soon be going away, thanks to a petition over at Change.org.

The petition calls on Amazon to change their customer-friendly Kindle ebook return policy. Even though this petition is only 4 days old it has over 2 thousand signatures from authors and publishers, all of whom want Amazon to now block some types of returns.

The petitioners don’t see the return policy as reassurance to readers that we can return a poorly written or poorly formatted ebook. Instead they view it as a loophole that is being gamed by serial returnees.

There is some truth to this idea, but would it surprise you to know that Amazon is a step ahead of serial returnees?

I first read about this petition on GalleyCat, and I was surprised to learn that I was the only one who knew about Part B of Amazon’s return policy.

A lot of authors are bothered by readers who appear to be gaming the system (buying, reading, and returning multiple books) and that is an entirely understandable concern. Amazon is bothered by that as well, and that is why they have long had a policy in place for responding to serial returnees.

If a customer buys and returns too many ebooks, Amazon will put a block on their account and not allow any more Kindle ebooks to be returned. I know this policy exists because I encountered it in 2009.

In December 2009, while I was still blogging for MobileRead, I shared an email that a friend had received from Amazon. It very politely noted that my friend seemed to be buying a lot of Kindle ebooks by mistake:

Hello from Amazon.com.

We’re writing regarding your request of Refunds.

Unfortunately, the number of issues you have sustained with your Kindle Store orders has led us to believe that there might be a larger issue. Since it appears that many of your orders have been accidentally purchased, we ask that you contact Customer Service for troubleshooting in an effort to avoid these issues in the future.

Effective immediately, we are unable to compensate you for any additional issues with your Kindle Store orders.

Thank you for your understanding.

Best regards,

Account Specialist
Amazon.com

So as you can see there’s no need to change the policy. Amazon already has it covered.

I’m not sure whether Amazon sent the email when the returns hit a certain threshold or whether his buying habits fit the pattern of a serial returnee. But I do recall that this email was sent after 30 titles were returned.  In absolute terms that is really not a lot of ebooks; I’ve bought more ebooks than that in a single month.

But it doesn’t really matter why Amazon sent the email; what matters is that they have a policy in place to cover anyone trying to cheat.

Furthermore, I am a little surprised at the number of authors who don’t realize the importance of Amazon’s return policy.  While a few people use it to cheat, the rest of us see it as a promise that we can return a crappy product. This increases the probability that we will take risks with unknown authors.

Few ebookstores have a return policy as generous as Amazon’s. Barnes & Noble does not allow returns at all and nor does Sony. In fact, Google Play Books (and Kobo, or so I am told) are the only significant ebookstore that let you return ebooks.

I don’t know about anyone else, but I would bet that Amazon’s return policy is at least partly responsible for Amazon continuing to dominate the ebook market all the way through Agency pricing. It is is less risky to buy ebooks from Amazon that anywhere else. And TBH if Amazon did not have this policy I would be far more cautious about spending money there.

That is the point that the petitioners seem to have missed. They are upset about the tiny fraction of people who are gaming the system and in order to stop serial returnees the petitioners want to hurt the rest of us as well.

I would say that the cure is worse than the disease, wouldn’t you agree?

Kobo eReaders, Tablet Once Again Available on the Kobo Website

Remember last fall when I reported that Kobo bungled the US launch of their new ereaders, and then followed up 6 weeks later with the shocking report that they had foolishly stopped selling their ereaders on their website?

A number of readers showed up and disagreed with my description of Kobo’s actions, but it looks like I was right all along

Kobo has just announced that they are once again selling their own hardware on their own website. They have ended a 5 month dry spell during which they lost customers to Amazon.

The press release just went out this morning, and it includes the detail that Kobo will only be shipping to the US and Canada. The hardware is available now, and so are accessories like cases, lights, and so on.

I don’t know about you but I am glad to see Kobo finally come to their senses. They had made it very difficult to buy one of their ereaders or Android tablet here in the US. In fact, it’s still difficult to buy a Kobo ereader; they’re not being carried by any major US retailer. Amusingly enough, several of the retailers listed in the press release as current partners don’t actually have Kobo’s hardware in stock. I checked, and Best Buy still says the devices (aside from the Kobo Mini) are coming soon while Walmart, Target, Staples, and other major US retailers don’t list the Kobo hardware at all.

Besides the Kobo website, you can find Kobo hardware at some ABA member indie bookstores including Powell’s and Family Christian Bookstores (a chain of stores, actually).

Kobo isn’t even being carried by sister companies like Buy.com (aka Rakuten Shopping).  While that site does have a page for Kobo products none of the new devices are listed, just the Kobo Vox and the Kobo Touch. This lack of support from Rakuten has been obvious since at least January, but I am still surprised every time I see it.

A Flawed Decision Costs ReDigi the First Round of Court Case Over Reselling Digital Music

ReDigi, a startup that in 2011 launched an online marketplace where users could buy and sell second-hand digital music, violates the copyrights of Capitol Records.

US District Court Judge Richard Sullivan handed down a ruling on Saturday that pretty much ended the case with a decision in favor of Capitol Records. The judge was responding to the summary judgement filings that the 2 parties made last year and it seems he thought that Capitol Records presented a compelling argument.

You can find the ruling here. It give Capitol Records everything they wanted.  ReDigi committed copyright infringement, fair use and the first sale doctrine don’t apply, and ReDigi is liable for direct, secondary, and contributory infringement.

The ruling is 18 pages long and quite technical, but there is one point I wanted to call out. Judge Sullivan pins down exactly why the first sale doctrine does not apply, only his explanation is problematic.

According to the ruling, the song you buy from iTunes cannot be resold unless you want to sell the specific chunk of the hard disk it was sitting on when you first downloaded it (I’m paraphrasing page 6). The judge goes on to exclude situations where users might make copies for themselves and limits the infringement to making a copy on someone else’s hard disk.

This raises some interesting possibilities.  First, it leaves open the possibility that you might burn the music to a CD and sell that. This could be legal. This part of the ruling also leaves a loophole open for a shared streaming service. So long as I still control the music file I uploaded, it could be legal for me to let others stream the music. And then there’s the probability that one can have multiple legal copies of a piece of content; which is is the original?

So is this the end of selling used digital content? Nope. Today’s ruling is a blow to ReDigi’s case but not a fatal one. There are always appeals to higher courts, including the US Supreme Court, so today’s loss is merely a midpoint and not the end of case. This case could go on for years, though I’m not sure ReDigi can afford to litigate endlessly.

Nor does this ruling end any chance that Amazon or Apple might open a used content market.  As I explained back in February, Amazon is going to need to get permission from the copyright holders before they start allowing customers to resell Kindle ebooks.  Today’s ruling does not change that.

ReDigi was committing copyright infringement because they didn’t have the approval of the copyright holder.  That is what I said Amazon would have to get before reselling used Kindle ebooks, and I am still not wrong.

It is a shame that ReDigi might not have the funds to pursue this case to the US Supreme Court. There are several serious issues with the ruling that I suspect the USSC might overturn.

While I will agree that this ruling looks to be technically correct, it is also backward looking. It correctly applies current law to this case but it ignores the fact that the existing law and previous court decisions did not envision the market situation we find ourselves in today.

Thanks to this ruling, there is a significant difference in the rights you might have over the content you purchase. A significant amount of content was sold in digital form in 2012, including over 40% of the music sold in the US and about 21% of the book market. The sales that make up these market segments come with far fewer rights than if, for example, you bought physical media.

My question is whether that is fair to the consumer. Is it reasonable that the content should come with fewer rights just because it was sold in digital form?

Folks, this question needs to be answered by the US Supreme Court. We are at a watershed moment in the history of copyright, the likes of which has not been seen since Sony vs Universal (the Betamax case).

I want this before the US Supreme Court because a strong argument can be made that a customer should have the same rights over the content they purchase no matter the form it was sold in.

Yes, that goes against the accepted interpretation of current copyright law. But is the intent of the law to block resale of legally purchased content or to allow it?  I say that the precedent points to allowing the resale of content that is legally purchased; that has been clear for over 100 years – for physical media. I think it is time to extend that precedent to digital content as well.

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There’s A Reason That No One in Publishing Bought Goodreads

Several dozen editorials have been written in the 2 days since Amazon announced plans to buy Goodreads, but one in particular caught my eye today.

James McQuivey, writing over at Forbes, laments over the fact that no one in publishing bought Goodreads:

I have an important question to ask, one that I am stealing from author Nick Harkaway (@Harkaway) who wrote this on Twitter the morning after:

The point isn’t that Amazon bought GoodReads. The point is why GoodReads wasn’t snapped up by a publisher years ago.

The obvious reason is that based on the rumors of a purchase price in the “low eight-figures” as some are confidently whispering, most publishers weren’t really in a position to buy Goodreads. Unless they had seen this coming and had bought it many years ago. Let’s say back in 2010, when I first urged one of the Big Five (are there five now?) publishers to buy it. It was a riskier proposal back then, I’ll admit, and one that I couldn’t put a price tag on, so I won’t claim that I pushed hard or that the publisher was foolish not to take my advice.

He’s possibly correct about publishers not being able to afford the rumored $150 million that Amazon paid for Goodreads, but they probably could have afforded it when it was smaller.

It’s funny that he should mention 2010. That was the year that 3 major publishers got together and announced a new site that would give them a direct digital connection to readers. That site launched earlier this year, after over 2 years in development.

It’s called Bookish, and it does give Hachette, Penguin, or Simon & Schuster a direct connection to readers. But the connection it offers is so very, very different from Goodreads that the differences tell us quite a bit about these publishers' priorities.

Frankly, these publishers would probably not have bought Goodreads even if it had been up for sale and even if they had the funds. It does not do what they want.

Note: I am only going to critique the 3 publishers behind Bookish and not everyone in publishing. Some, like Macmillan (see the postscript), have a clue.

So how are the 2 sites different?

The first and most important difference is that Goodreads was launched not with the goal of forming connections. The goal was to build a community of (first) readers and then authors and to a lesser degree publishers.

Edit: Let me correct myself. As Google+ has shown us you cannot set out to create a community. Instead you give users a reason to come to a site and stay.

Goodreads was launched to encourage readers to show up and be bookish. The community formed around them.

Bookish, on the other hand, was launched in order to provide Hachette, S&S, and Penguin with "direct digital customer relationships". The publishers got to build it from the ground up, and the manner in which it functions says a lot about the type of "direct digital customer relationships" these publishers want
to have.

The thing is, they don’t actually want a relationship – not the relationship that James McQuivey (and I) think that publishers could benefit from.

The word relationship implies that there is more than one party speaking, and that is not the point of Bookish. This site exists to be little more than yet another marketing channel for publishers.

I have spent time on Bookish since it launched (including an hour today), and I frankly cannot see how I (as a user) can contribute. I can write a review, yes, but I can’t build a virtual bookshelf of books I own, I can’t communicate with other users, nor can I do anything that would benefit me and not the publishers.

Most importantly, I cannot even leave a comment on the blog posts on Bookish. That, folks, is an example of just how completely the communication flows in exactly one direction.

The internet offers many vast opportunities for collaboration, and Bookish flushes them down the drain. This could not be more different from Goodreads, which uses almost every chance to encourage users to participate, add content, and build value for each other.

To be fair, Bookish never pretended to be anything other than a one-way street. It was pretty obvious from the launch press release that the publishers were going to use it to sell books and that all the communication would flow one way. I have no problem with this, but if Bookish is really these publishers' idea of a "direct digital customer relationship" then their thought process is stuck in the last century – some time in the 1950s by my estimation.

These publishers don’t want to hear from readers. They want readers to listen passively while the publishers control the message.

And that, more than anything, is why these 3 publishers probably would have passed on Goodreads if it had been offered to them.

—

P.S. In creating Bookish these 3 publishers only invested in what would benefit them, and that is probably why Goodreads will succeed while Bookish flounders – unless Bookish goes through a radical change in focus.

P.P.S. Giving out book recommendations is the only reason for Bookish to exist, but it is just one of a dozen features that Goodreads uses to draw in readers. And it is that dozen other related features that both draw in users and combine to make Goodreads' book recommendations richer and more valuable than what Bookish can offer. There is a synergy in the collaboration of hundreds of thousands of active members writing reviews, rating books, and creating unique connections that cannot be replicated by the single channel, one way communication offered by Bookish.

I suppose some might say that the comparisons between Goodreads and Bookish are irrelevant because the sites serve very different purposes. This is not true. These 3 publishers could have used Goodreads for the same purpose as Bookish (to sell books) – only Goodreads would have done a better job.

P.P.P.S. Macmillan stands as an counterpoint to the 3 publishers behind Bookish. This publisher supports Tor.com, the SF community and blog. Tor.com is an example of how to a publisher can have a relationship with readers.

How to Make Feedly Look More Like Google Reader

Feedly is rapidly becoming my preferred replacement for the soon-to-expire Google Reader, so I was pleased today when I learned that there was a way to make Feedly look more like Google Reader than I had hoped.

The tip I am sharing in this post goes far beyond the GR-inspired changes that Feedly has made to their service. It won’t result in a perfect match, but if you already use Feedly then I’m sure you can see how much it now looks like GR:

This is a pretty simple tip and if you know how to install an app then you can do this. I’m going to have you install something called a userscript. This will change the behavior of your web browser.

The userscript is called Readly. I tested it with Firefox, and I am told it works with Chrome. I cannot say for sure f it works with other web browsers.

Here’s what you need to do:

  1. The first thing you’ll need to do is install GreaseMonkey. This is an addon for Firefox and Chrome that lets you run your own little bits of code.  You can find it with the other addons for your browser.
  2. Reboot your browser so GreaseMonkey can start running. You’ll probably also need to enable GreaseMonkey so it knows to runs the script.
  3. Click here and download the script. It should install automatically.

Once you have GreaseMonkey and the script both running in your browser, refresh Feedly. Then set the theme to Modern Gray. You will be amazed at the difference.