Should selling ebooks make print books cheaper?

In our last Ebook-troversy post, I ran some numbers based on figures given out by Independent Publishers Group, who, if you recall, decided not to renew their ebook contract with Amazon because they couldn’t come to an agreement over ebook prices. That last post was pretty mathy, but it showed some important points; namely, that digital copies can be profitable at lower price points, and a variety of lower price points at that. Curt Matthews, CEO of IPG, popped by our blog to leave his comments; I have to say, his response leads me to believe I’m onto something. (See his arguments and the rebuttals here.)

While I was going back over the calculations, I realized something that gave me a moment of “whoa” revelation: Ebooks should also be lowering the price on print copies.

(Cue the publishing industry having a collective hemorrhage.)

I promise to make this post a little bit less numerical where I can. Unfortunately, though, I may have to explode y’alls brains with a little more math. Just a little.

One of the things publishers point to in the production of ebook copies is the cost in preparing a book for sale. Editing costs. Marketing costs. Paying the author. Paying the overhead. This all makes sense; of course it costs money to polish a manuscript. Even the most famous authors need editors and proofreaders. The people who work at the publishing company need to be paid salaries, and they need to keep the lights (and computers) on. I get that, but here’s the thing: all of those costs that go into getting a book ready for sale are not format-specific. The manuscript has basically the same text from edition to edition; if an ebook is released concurrently with a hardback or a trade paperback, the information in both formats should be exactly the same. Beyond the translation of the book into a digital format–something that could be done for a few hundred dollars, based on my checking around various companies like 52 Novels or Novalis  that will transfer your manuscript into ebook format–no extra editorial work should apply to the manuscript itself.

“Yes, yes–but the manuscript itself needs professional work! You can’t just discount that! Making ebooks isn’t free!”

No, I can’t, and I won’t. The numbers, though–they still don’t add up quite right to me.

Let’s start with the title–the content of the book before it gets distributed into any format, digital or print. In the last post I wrote, I put an estimated price tag of $22,800 for editorial services and other overhead for a title, based on the numbers that IPG published in regard to print book costs. We will link this $22,800 into the manuscript itself, since we’ll be, in our hypothetical quest to publish a book, be using that manuscript in every format in which we choose to publish a book.

I’m going to go ahead and make a supposition here, because I don’t know exactly whether the $22,800 is the full overhead cost or if it’s already been split; my guess, based on the available evidence, is that he was referring to the full editorial cost. I base this on the fact that I haven’t seen list prices for print books drop much since ebooks came on the scene. (I used to work in a bookstore, so I’m fairly familiar with print book prices. They’ve gone up, if anything–mass market books are definitely one or two dollars more than they used to be, for example.) For the list price of a trade paperback to end up being at the same $14.95 that it generally has been, allowing for the price to have crept up a tiny bit due to inflation, publisher profit margins either have to have gone up or that’s the same cost/price model that has generally been used since before ebooks became popular.

So, we have our $22,800 manuscript. I’m going to ignore the author advance for a  moment, since it’s just that–an advance on royalties that will be made later. Even though the author has the money, that money will have to be earned out by sales, and thus, isn’t attached to the manuscript itself. Now, we have to put it into formats that allow people to purchase them. The costs that Matthews calculated were based on a 10,000 book print run; so, we have now 10,000 units among which to spread out those editorial costs, along with the $30,000 price tag of actually printing the books. That’s format #1.

Then, we add an ebook. As I said above, the cost of adding an ebook shouldn’t be more than a few hundred dollars–if publishers are spending a lot more, I would be skeptical as to what, exactly, they’re doing to produce the ebooks. Even the cost of scanning in an older book for which a digital file is not available rarely exceeds $200 for scanning, based on my nosing around companies that specialize in such a thing. Even if I am generous and allow them $2000 for total ebook production and distribution to various online retailers (which they could get less expensively if outsourced), that’s still 1/15 of the cost of producing print books. Further, by now, I would think that a publisher could roughly estimate the amount of ebooks that will sell based on past data; with the ebook business climbing steadily, I can’t imagine that they would overestimate this number very often. If anything, estimates would grow over time. So, when settling on an overall pricing scheme, I would think that a publisher would be able to price their books based on 10,000 print copies produced + x number of ebook copies projected to sell.

X is the magic number here. I don’t know what X is. According to Lulu.com, a print-on-demand service, having books in both print and digital formats increases overall units sold. Based on Matthews’ comment that a 10,000 book print run is still a very respectable figure, and ebooks steadily gaining share in total books sold, I’ll toss out a guess that they might expect 5,000 e-copies to sell while in their first print run. This number could be high or it could be really low, I don’t know. I imagine that it’s not too high, if it’s high at all. I just need a figure to show the concept; really, any number would do here.

Back to the $22,800 manuscript. If a publisher knows it will print 10,000 copies, and uses past sales numbers to estimate another 5,000 (or whatever number) of ebooks will be sold on top of that, then the cost that has been sunk into the manuscript should be split: $15,200 to the print run, and $7600 to the ebook project sales. Each print copy would then cost $0.76 less per copy to produce, which would lower the retail price by about $1.50 per book. If a publisher estimated more ebook copies sold–say, 7000 or 10,000–then the cost to produce each unit would be even less. Based on the 5000 ebook estimate, that original $14.95 trade paperback could retail for $13.45, and the ebook could retail for $8.30; the costs would still be covered, including the author royalty and maintaining the publisher profit.

How does this work? It works because adding the ebook format would basically be akin to being able to add an unlimited number of print copies for only a small amount extra; if you could shell out a few hundred dollars–or even a couple thousand dollars, if we want to be extravagant–to have an unlimited supply of books, you would shrink your marginal costs considerably. The costs to produce the manuscript itself should then be stretched over all of the copies sold, print and digital alike, because the same manuscript is used to produce both formats. Publishers don’t send the manuscript through the editorial and marketing, etc, process twice, yet I feel that we’re being asked to pay these costs twice when they point to them as being the reason that ebooks cost as much as a print book.

Further, ebooks have the ability to provide steady long-term revenue, which I think also should be factored in–as well as it can be predicted from past data–into the price of all units sold. Lowering the price on ebooks when they’ve become backlisted, for example, can help move a lot more units. Smashwords released some data that indicated the “sweet spots” for selling ebooks are around $3 and $6. Other data revealed that ebooks maintain a healthier lifespan than paper books, which often go out of print–not surprising, given the hefty cost of additional print runs. (You can find the slides here, starting at slide #30. These figures are for self-published authors, so the actual numbers sold would not necessarily reflect those of a larger publisher; given the ability of publishers to market their books more effectively than individuals, I can’t imagine that publishers would do worse.) Lowering the costs on initial runs, both print and ebooks, would help move more units when the book first launched, which would generate more buzz as more people read the books, which would contribute to long-term profitability for the title.

Factoring in the enormous potential for added profit generated by the ebook portion of the title itself, I think this absolutely means that we could get print books at a lower price as well as ebooks. I also think that if publishers who are complaining about “devaluing” books would take a basic economics class, they would see this for themselves. Their issue of pricing based on legacy models and based on what they think their costs should be–rather than finding ways to cut costs to meet the price that would bring them the most profit–hurts their sales far more than piracy and Amazon price-slashing combined. It hurts authors, too; based on the Smashwords numbers, at the $5.99 price point, authors would earn more than at the $8.30 price point due to increased volume if the royalty percentage held steady; it also stands to reason that the author could, potentially, make more if more print books were sold at a lower price point. (Another fascinating link to check out–see what happened when Paulo Coelho posted his ebooks for $0.99. Very interesting stuff. Thanks for the tip-off, @grawrded!) So, if it’s hurting the publishers, and it’s hurting the authors, and it’s hurting the readers, exactly what is this pricing model doing for anybody? Bueller?

(I probably got some of these links from @popqueenie over at Book Snobbery. Big thanks to her! She helps me stay in the loop.)

How do you feel about the price of print books? Think they’re okay, or too high? Would you buy more books if you could get them a few dollars cheaper? Leave your comments below!

Ebook-troversy part 3: The DOJ files suit, and my head explodes.

Department of Justice Building: Ars Boni and Ars Aequi Pediments by C. Paul Jennewein (1932-1934) (SOS! Control # IAS 65020097)

So. The DOJ filed suit against Apple and five of the Big Six yesterday, and the bullshit rolled.

Everyone was asking me on Twitter what I thought about it, and I hadn’t caught up yet, so I couldn’t really answer. Someone asked me if the strike was still on, since three of the publishers are reportedly settling. The answer is definitely yes, because the more I’m reading through all of this, the more pissed off I’m getting.

The first article I read about the lawsuit was from the Wall Street Journal. Now, I’ve been following this story, but not like a lunatic or anything; I don’t work in the publishing industry, and I have shit to do. Some of the information I read in the articles surprised me, like the quibbles over the price points. I assumed that the issue with the price point was over Amazon deeply discounting e-books to, I dunno, $0.99, $2.99, things like that, and yeah, that actually does seem a little bit too cheap to me, despite the fact that I would gladly gobble up books at that price. I know a lot of work and time goes into making a great book, and I’d rather pay more for the editing services, et cetera, than get a bunch of shitty, cheap books. So, I was a little shocked when I read this in the WSJ:

The [publishing] executives also called and emailed each other to craft a solution to what one of them called “the wretched $9.99 price point,” the suit said.

Uh. What? They’re mad about the ten dollar price point? For a book that isn’t even a physical book?

The five publishers and Apple hatched an arrangement that lifted the price of many best-selling e-books to $12.99 or $14.99, according to the suit. The publishers then banded together to impose that model on Amazon, the government alleged.

Wow. That? Is pure greed, baby. I’m calling these people out. Selling the right to read digital content for the same price as a trade paperback is absurd. Crying about how much you’re struggling to stay afloat when what you really want is to make more money leaves a foul taste in my mouth. I’m all for publishers making money, but don’t come appealing to me with your “sniff, Amazon’s ‘cheap’ $10.00 ebooks are RUINING PUBLISHING FOREVER” when it’s really about you upping your profit margins, not staying in business. Fuck. You.

The Chief Exec of Macmillan had this to say:

He said a settlement would help Amazon “recover the monopoly position it had been building” and “have a very negative and long-term impact on those who sell books for a living.”

You know why Amazon had a monopoly of ebooks? Because everyone else wanted fuck-all to do with it until they saw how popular it became on Amazon. You would think that publishers would have learned something, anything, about the digital revolution, since they’re basically the last ones on the wagon. NOPE! They fell into the same trap–maybe thinking that books were immune since they were books, I mean, this isn’t sound or video but words, forgetting maybe that most of the internet is made of words and people seem to do just fine with internet content.

It’s funny that they mention the negative impact on booksellers. Bookshops have a very different market. Actually, I was just reading an article from September about an indie bookshop, Farley’s in New Hope, PA, that has found a way to thrive, despite this supposedly dire situation. I think when the publishers and supporters of same say anything about Amazon’s pricing having a negative impact on booksellers, it’s code for “We don’t like what it’s doing to our own profit margins. Even though the whole business world has wholesale contracts and it works out okay for them, we don’t like it because we think we’re special and also the gatekeepers to literary excellence.” Aren’t they just precious little snowflakes?

More gems from the WSJ article:

“[The suit] says the publishing chief executives held quarterly gatherings at such Manhattan restaurants as Alto and the Chef’s Wine Cellar private room in Picholine.”

“The government said publishing executives knew what they were doing was wrong and took “steps to conceal their communications with one another, including instructions to ‘double delete’ email.”

After Amazon started reaching out directly to authors, one publishing executive said he was angry at the potential competition and expressed his desire “to screw Amazon,” the suit said.”

This makes me angry. The ends don’t justify the means, and you don’t meet in secret and “double delete” e-mails if you’re not doing anything shady. Even if the ends did justify the means, the publishers and Apple weren’t exactly doing something heroic. They weren’t preserving literary culture. They were just trying to make a little more scratch.

Speaking of gross charades, if one more pro-publishing person remarks that they were just trying to “restore competition” to the marketplace, I’m going to barf. The irony here is that antitrust laws are in place to protect a competitive marketplace, and Amazon isn’t the company being raked over the coals for violating them. What they really mean by “restore competition” is “get more money for ebooks.” Their actions prevented competition because they prevented sellers from competing on their price points. I’m not saying that Amazon was necessarily right to sell ebooks at a loss to their own company. The world of online retail is new and under-regulated, and I think a hard look should be taken at retailers such as Amazon who have the power to destroy their competition and still remain profitable by selling other kinds of goods to make up the difference. It is not, however, in any way okay to take illegal measures to try to force Amazon into a corner. It’s kind of like that old saying, “fighting for peace is like fucking for virginity.” Violating antitrust laws to preserve a “free” marketplace doesn’t fly.

An article from PCMag discussed a statement from Hachette:

Hachette said it “reluctantly” agreed to join the settlement, and denied that it was involved in a conspiracy. It’s e-book decision regarding Apple’s iBooks “was designed to facilitate entry by a new retail competitor and to increase the diversity and health of retail booksellers, and we took these actions knowing that Hachette itself would make less money than before the adoption of agency.”

Bull. Shit. Do they really, I mean really expect me to believe that they did this “knowing” that they would make less money? Especially after Jobs commented, ”The customer pays a little more, but that’s what [publishers] want anyway.” Do they really expect me to believe for one second that the publishers jumped on this because of some grand literary altruism? If they do, they’re more clueless than I ever expected.

Here’s what I hate. I hate being lied to. I also hate being treated like I’m some sort of faceless cash dispenser. I’m a customer. I buy books. If the big publishers have any money at all–and they do–it’s down to people like you and me, buying books because we like to read. Not to preserve our grand literary culture, or whatever, but for our own pleasure. And I’m not at all pleased with being treated the way that we’ve been treated. I’m not pleased by repeated attempts to make me believe that they give a fuck about my local bookshop, or about literature in general–aren’t they, the big publishers, trending more and more into the realm of books that sell well rather than books that are masterpieces? That indicates to me that they don’t give two shits about books beyond the fact that we will pay for them, and they want to print more of what we will pay for.

I’m also not pleased that they’re basically ignoring what we want because they think they have a monopoly themselves. Well, guess what, behemoth book-makers? You don’t. There are tons–TONS–of independent presses popping up all over the country, and they’re bringing their A-game. All of these huge publishers could close their doors tomorrow and we would still have plenty of books to read. I’m even more than happy to pay more for small press books–even ebooks, although not an absurd amount–because I know that they have slimmer profit margins due to lower volume. I know where my money is going, and they don’t lie to me about it. What’s more, they appreciate every sale. They thank me for buying their books. They read my blog. They interact with fans. Their authors interact with fans. They treat us like customers, not cattle.  It’s an overall better experience and I still get to read great books because their goal is still making great books. The big publishers? Well, we’re seeing for ourselves what they’re all about–charging us more money, and making sure they crush Amazon so that they can get more of our cash.

It’s pitiful.

So, I’m still on strike. You can join me on this strike, if you want. I’ll continue not to purchase and not to review* books from the big six** until they start treating us with a little more dignity and respect. They wouldn’t have anything if it weren’t for the readers, so they should start thinking about keeping us happy. And I’m happy when people don’t break the laws, and even more happy when their lawbreaking doesn’t cost us upwards of $100 million. (No, really–that’s the estimated amount that we collectively overpaid for ebooks due to the alleged collusion. See the PCMag article.) I’m ready to make peace anytime, though; it’s up to them, now, to make the changes that they need to make to survive in the digital marketplace.

*Unless the book is a classic from quite awhile ago. I’ll still try to get it from the library, but I won’t punish authors and executives who are probably long dead for their successors’ fuck-ups.

**Random House, as I said before, is included for other bullshittery that they’ve perpetrated. I recognize that they were not included in this lawsuit.

Please vote for me? Please? I am basically begging you.

Independent Book Blogger Awards

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So, there is a thing. A thing where, if I win, I get to go to New York City and attend the BEA (Book Expo of America), and they will pay for my airfare and hotel. If I don’t win, there’s basically no way I will probably ever get to go to this thing because I am completely poor and I live in Ohio, so I can’t even stand outside and hope that someone will take pity on me. I will be sitting at home the whole weekend with my nose smushed against my bathroom window, which generally faces northeast, and thinking about how rad it would be if I weren’t too poor to afford to go to NYC and go to a sweet book expo. I will probably cry a little, too.

Oh-ho, you’re saying, but what’s in it for me to spend my vote on you? (Actually, most of you guys are totally awesome and definitely are not as opportunistic as I just made you out to be, so I apologize.) SO MANY THINGS. For one, so much blogging about the event. I will blog about all of my experiences. It will be like you actually get to go, but with someone cool and not someone who is going to suck up to the publishing industry, because you know that I’m mouthy and have a healthy dose of skepticism. I will also bring back ALL THE NEWS that I am allowed to blog about.

Also? Because of my Asperger’s, I often have hella meltdowns when traveling. This means that there might be funny angry blogs about my experiences on the plane, the hotel, and in NYC in general. I might get lost! I might have to go off on a concierge and possibly be banned for life from the hotel! YOU NEVER KNOW. I keep things exciting and unpredictable. There’s the possibility, of course, that this trip will go off without a hitch and I won’t be angry at all. I bet something will happen, though.

Plus, if I find something cool in New York, I will purchase it and have a giveaway. This isn’t so much a promise because I don’t know if I will find anything suitable, but I might! There might be prizes! There might even be expo swag, and if there is, and if I’m allowed to give it away, I will! I will unselfishly only play with it until I get home, and then it is all yours.

And, finally, it will make me so happy. I will be the happiest. It will basically be the best thing that has ever happened to me in my adult life. Er, wait. I should probably say that getting married was the best thing to happen in my adult life. And then meeting all of you guys and starting this blog, because that was pretty great and it is a gift that keeps on giving. Okay, well, this would definitely be on my top five list of most awesome things ever to happen to me in my adult life. I will be eternally grateful to everyone who votes, even if I don’t win, because I will know that you guys tried.

So, please vote for me and share this so other people will also vote for me. Vote because you love me, and I love you. Or, vote because you hate me and you want me to have to go through the stress of traveling to New York and possibly mouth off to TSA agents and be arrested. Vote because you like reading this blog. Hell, vote because you pity me and my poorness. Any reason works for me, and as you can see, I don’t really have anything that might be considered “dignity” in this matter.

Thank you from the bottom of my bookslutty heart.

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Ebook-troversy 2: Scott Turow is a dolt + I stop supporting major publishers.

I’ve been ranting on Twitter since yesterday about the open letter that Scott Turow, author and lawyer, published at the Authors Guild website. I’ve been in such a lather over it that I actually went through all of the comments (and you can go through and see the spots where I have not been able to control my rage and had to comment in reply). In case you don’t know the scoop, here it is in a nutshell: the Department of Justice is considering filing an antitrust lawsuit against Apple and five of the Big Six publishers for allegedly colluding to fix ebook prices. Scott Turow is mad because he seems to think that pointing out the possible illegality of their actions will, by bringing the prices of ebooks back down to pre-agency-model levels, bring the publishing industry crashing to its knees and likely wipe out all of civilization as we know it.

Techdirt did a magnificent (and, unlike a blurb for a book, this truly was magnificent) takedown of Scott Turow’s ridiculous letter, and I don’t want to rehash it. I’ll wait if you want to go read it. It’s amazing.

After having read a lot of comments, articles, and such, I’m ready to weigh in with my opinion. Ready? Let’s go!

First part: Scott Turow is a fucking lawyer. HE IS A LAWYER. And he wants to casually write off potentially illegal practices because he thinks that they don’t matter in the face of, what, the ruin of a “rich literary culture”? Any shred of respect that I might ever have once had for Scott Turow has been obliterated, because I can’t respect anyone, especially a lawyer, who doesn’t respect good laws when they might interfere with his own gain.

Second part: I’m getting really flippin’ tired of being told which industries I must support and how I must support them. I love indie bookstores as much as the next person, but frankly, Amazon gives me a greater value for my money than the indie shops near me. My local indie bookstore is kind of a nightmare because, while it’s huge, it’s also really cramped and shopping there makes me claustrophobic. If I had an awesome indie bookstore where I could go shop, I’d go there when I wanted a paper book, or I’d just go and have a cup of coffee if they had a cafe. I feel the same way about Starbucks–yeah, I love supporting indies, but if they give me crappy coffee and crappy service, guess what? I’m going to Starbucks. At the end of the day, it’s my money we’re talking about, and I don’t have to spend it to keep a business afloat that isn’t considering my needs.

And what is it with nobody asking us–you know, the people who make this industry possible by being consumers–about our needs? Turow made statements like this in his letter: “Amazon was using e-book discounting to destroy bookselling, making it uneconomic for physical bookstores to keep their doors open.” Uh. (squint) It seems to me that if what people really, really want is the physical bookstore, then Amazon’s e-book discounting isn’t going to stand in the way. It seems to me that Amazon showed you something that you should probably pay attention to, and that’s the fact that people will buy a shitload of ebooks if they are priced reasonably. It seems to me that what Scott Turow should be lamenting is not Amazon’s practices, but the fact that customers aren’t doing their part to buy what he thinks they should buy. After all, all the ebook discounts in the world wouldn’t turn the tide if people didn’t want them, amirite Scott Turow?

It also seems to me that Amazon probably doesn’t give a rip if physical bookstores do well as long as Amazon also does well. They’re not trying to destroy bookselling, Scott Turow. You’re being overdramatic. Did you leave your personality somewhere and pick up a teenager’s by mistake?

Here’s a wake-up call for people like Scott Turow: there will always be a book market because there will always be readers. The people who determine what that market looks like are the people who buy books (us) not the people who produce books (you); the entire idea of producing something commercially is to produce things that people want and will buy, not to force people to deal with your bullshit because you’re the only game in town. You can see how well this has worked out now that big publishers have a lot of viable competition.

I’ve decided two things in the wake of all of this. The first is that I will never read Scott Turow–which isn’t really significant, because I wouldn’t have read him anyway. The second is that I will no longer support HarperCollins, Penguin, MacMillan, Hachette, and Simon & Schuster until these companies get their shit together–and I’m throwing in Random House for good measure, even though they’re not listed in the lawsuit, just because I don’t like some of their other actions regarding ebooks. (Correct me in the comments if they’ve shown signs of heads removed from asses.) When the Big Six stops being shady and starts focusing on fulfilling customer needs rather than clinging to their dinosaur of a publishing model, I will return with open arms and my wallet. Until then, I’m on a purchasing and reviewing strike. I will continue to review indie books and authors, and my comrades can review whatever they’d like, but I personally am opting out.

Am I overreacting? Are you fed up, too? Read any good indie books lately? Drop it in the comments!

Surprise! Your favorite publisher might support SOPA: a greengeekgirl rant®.

This is slightly off-topic in that it doesn’t actually deal with books specifically, but rather, the entertainment industry as a whole, of which books are a part. Also, there’ nothing like being whipped into a nice, healthy anger right before going off to a family Christmas gathering! It’ll be like practicing for the big game. You’re welcome.

SOPA, the Stop Online Piracy Act, has been all over the internet lately, for a damn good reason: according to people who know about these things, such as professors Mark Lemley, David S. Levine, and David G. Post of the Stanford Law Review, this legislation’s far-reaching attempts to end online copyright violation doesn’t just border on unconstitutional, but fully allows the government to be in violation of our First Amendment rights.  How?, you might ask. If you haven’t been following the news about SOPA, this is the gist: if someone were to make the claim that a website were engaging in piracy or other infringement-type activities, the government would then have the right to completely block access to said site.  All of it.  The whole kit-and-caboodle. And it would be able to do that without due process. Not only that, but the government could force sites such as PayPal to freeze the funds generated from that domain (even if the funds generated were from the supposed violations or not), and could also force advertisers away from the domains–although I imagine a smart advertiser would probably jump ship if a site on which they had been advertising were no longer accessible to anybody, ever. ISPs could be forced to shut down sites, search engines could be forced to scrub all existence of the site away. All of this? Could potentially be done without due process.

Naturally, many, if not every, major tech companies are against SOPA. TechCrunch posted a list of 40 online companies that oppose SOPA–you know, your Googles, your Facebooks, AOL, Mozilla, Twitter. Many claim that this would “break” the internet. Honestly, I don’t have the tech figures on it, but it seems like a safe bet that when non-technological people (such as, I’d be willing to bet, most of our lovely Congressmen and probably a lot of lawyerly and judgey types who would be making these decisions) start demanding that huge technological actions be taken that affect a lot of services that are used on a daily basis, the result could easily have been written into a novel by Joseph Heller or Terry Pratchett.

“Here, now, shut that thingy off. Shut it off, I said!”

“But, sir, I can’t just shut it off, it would take down an entire–”

“Didn’t you hear me? I said SHUT IT DOWN. NOW. Push that little button and make it go away. I don’t care how you do it or what the consequences are!”

the entire internet breaks, forever.

A lot of people mean that it would break it philosophically and ethically, of course, and that’s something that I agree with. The whole shutting down without reasonable defense or a trial bit also makes it just a little too easy to claim “infringement” when it’s really ideas that you want to take down. Don’t like something someone wrote about you? “Oh, oh, they’re infringing me. Do something! Do something!” If you have enough money to hire a top-notch lawyer, and you can find one who doesn’t have a soul, you could probably get websites shut down on just about any infringey-like technicality, since there’s no legal process required to determine if the website is truly in violation before totally destroying it. If it looks like a duck and sounds like a duck, it’ll be a duck even if it’s actually a goose or a swan.

Support for this measure has been a little shady, actually. A number of companies and individuals have come out strongly against SOPA, and some, such as GoDaddy, have reversed their positions when SOPA detractors threatened to pull massive amounts of business from their site, saying that they would support legislation when and if the internet community supports it and they they can “do better” to build a bill that protects copyrights and free speech rights. Others who supposedly supported SOPA have come out saying that, no, they never supported SOPA and the document that they signed was to indicate that they agreed with an analysis of SOPA, not the bill itself; the Judiciary Committee went ahead and included them on the list of SOPA supporters (pdf) anyway, and they requested to be removed. (What companies were these? Law firms.)

I only bring that up because it could be very unclear as to who on that list actually supports SOPA, since the JC seems to be a bit lax about what they consider “support.”

Because you know who else is on that supporter list? Just about every major publisher that I can think of. Random House is on the list. Hyperion is on the list. Penguin is on the list. Scholastic, Macmillion and Pearson, who strive to provide educational materials, are on the list. Harper Collins and Hachette are on the list. This makes me sad, because if anybody should be coming out against a bill that dangerously encroaches on our freedoms of speech, I feel that it should be publishers. I know that publishers are having a difficult time transitioning to digital times. I know that people pirate books, and I think it sucks that people pirate anything. I am officially anti-piracy. I am all in favor of protecting the rights of the many publishers, record labels, networks, and other persons who hold the rights of oft-pirated goods who are in favor of SOPA, but not at the expense of our Bill of Rights and the Constitution. Like any other criminal act in America, copyright infringement must go through the courts to earn a conviction–and if it truly is criminal activity against which the complaints are filed, then there shouldn’t be any problem at all getting convictions under a reasonable system of law.

Shame on you, publishers, for promoting ideas when it earns money for you, and tossing free speech out the window if you can retain more of your profits by doing so.

What I find most ridiculous about this is that the whole fucking approach to the problem of online piracy cutting into profits has been ass-backwards. The problem is not the pirates. Treating us, the customers, like we’re criminals, does nothing but embitter us toward them–and ironically, now more than ever, they’re playing a hand that would have been strong in the days before the internet, but weakens with each passing day. Louis CK just banked a million dollars selling his latest comedy special directly to the public. The comedy special was produced fully by Louis CK, distributed in a DRM-free digital format at $5 a head that could be burned, played on any device in any country, shared, or yes, even easily pirated, and all he did was write a note that basically said, “Hey, I’m giving you this DRM-free format, so in return, could you please pay the five bucks and not steal it?” And people did pay the five bucks. Over 200,000 people and counting paid the five bucks–so much so that Louis felt uncomfortable with the amount of money he made off of it and gave $280,000 to charity, saying that he’d never had a million dollars all at once before and he felt it was a bit much.  Lessons to be learned from this: you can make money selling digital formats inexpensively, you can make money even without treating your customers as potential criminals, we don’t necessarily need these companies any longer to come by our entertainment, and people are willing to pay for content. We are. But we also know when we’re being bullshitted by companies who are floundering to catch up in the digital age and mismanaging it badly.

(Also interesting to note that Louis mentioned how his content rights were also sometimes badly mismanaged by these people producing his specials–the companies, for example, “would have withheld international availability indefinitely.” A huge benefit to what Louis CK did is that he still owns 100% rights of his video and his material. And he had a million fucking dollars.)

I’m not going to call for a boycott or anything, because that’s not my style. This is something, though, that we need to consider. The publishers that we have always supported with our dollars are supporting a bill that could potentially violate the rights of any one of us, even if we act in good faith, because the terms are nebulous and don’t always require an official hearing to do serious damage. The reason behind their support of SOPA is a lack of trust brought on by the bad behaviors of a few, and also a failure to react quickly to the new challenges of the digital age–neither of which is the fault of upstanding citizens who could be affected severely by this bill. It’s not okay to restrict our rights for their lack of foresight. Perhaps, moving forward, we should seek to reward those who still treat customers like customers, and not like potential criminals. We should seek to reward those who come up with real solutions that don’t require unconstitutional laws, and who remember that in America, we’re innocent until proven guilty. We should seek to reward those who remember that without fans and without customers, they wouldn’t have any influence or profits in the first place.  There must be another way for them to protect themselves while still protecting us.

Do you want to contact some of these publishers and let them know what you think about their support of SOPA? Gizmodo dug up contact information, which I am copying to you here (Gizmodo, please don’t shut me down for infringing you, kk?):

Hachette Book Group:  http://www.hachettebookgroup.com/customer_contact-us.aspx

HarperCollins Publishers Worldwide:  feedback2@harpercollins.com or (212) 207-7000

Hyperion:  http://www.hyperionbooks.com/contact-us/

Macmillan: (646) 307-5151

Pearson Education:  http://www.pearsoned.com/contacts

Penguin Group (USA), Inc.:  ecommerce@us.penguingroup.com

Random House:  ecustomerservice@randomhouse.com

Scholastic, Inc.:  http://scholastic.custhelp.com/app/ask

The Perseus Books Groups: (800) 343-4499

And here’s the whole list, in case I missed any.

Banned Books Week: What subversives are you reading?

Sex? Drugs? Non-white people??? I am so scandalized!

Firstly, I have to say that I am amazed that people are still fashed over The Color Purple and The Catcher in the Rye, but according to the ALA, both books made the top ten challenged books in 2009.  Also, can someone tell me why The Call of the Wild was banned/challenged?  Is there a human cannibalism scene that I don’t know about? (I never got around to reading Jack London, because I have a vagina.)

So, banned books week is nigh upon us; starting September 24 and ending October 1, it’s a supposedly naughty way to kick off the season of chills, thrills, and stuffing yourself to the gills.   My fellow bookslut is busily working on a piece about banned books that will be forthcoming sometime in the next century; I won’t indulge myself too much to opine here on the topic of banned books, except that, having looked at the lists that the ALA put out–all of the books I see on that list are books that take a naked look at humanity and its weaknesses, troubles, desires, and triumphs.  Why should Their Eyes Were Watching God by Zora Neale Hurston (one of my personal favorites) be a banned book? Because it acknowledges that sometimes men didn’t treat their wives so well, or because it features a large cast of African-American people?  (I suspect strongly that, while it’s both, it’s also very much the latter–there is a high proportion of banned literature by African-American novelists.)  Are The Grapes of Wrath and The Jungle taboo because they shine a light on the real struggles of the poor and working-class Americans?  Mental illness, women’s issues, sex, money, racism, equal rights–it’s not smut that is being consistently challenged, or things that are actually depraved.  I’ve read Chuck Palahniuk; if you want to talk about depravity, read Snuff sometime (you’ll regret it) and say that shouldn’t be on the list instead of Harry Potter if one has to make such a list.  Except for the stupid challenges to kid lit because it contains “occult” (cough) material, most of the banned books I see are ones that are replete with in-your-face-humanity, and for some reason, this frightens people.

Thanks to the ALA, even when people try to do stupid things like censoriously publish “new editions” of classics because they contain offensive words, we can be sure that our right to expression is not taken away by people who don’t realize that they can simply exercise their personal choice not to purchase or peruse a book that they deem scandalous.  Support your local librarians and libraries; even though I’m sure there is probably some sort of library appreciation holiday, to me, this is a very important time to be thankful for the hard work they do.  Maybe bake some muffins and take them to your local branch or donate to the ALA to help them keep attempts to take information away from us at bay.  Or just buy a ‘banned’ book; nothing like sticking it to the man by defying his so-called authority. How will you celebrate Banned Books Week?

The latest: “Town of Cats” by Haruki Murakami hits The New Yorker

Someone in my book club posted a link today to a new short story by Haruki Murakami called “Town of Cats.”  I don’t like to read longer works on the computer screen–longer than, say, a blog post or a news article–but I made an exception because I enjoy Murakami’s work.

I’m going to reserve judgment for now–tell me what you thought about it?

P.S. There’s also an interview. And an essay about Murakami and Individualism.  And an audio clip discussing translation with Jay Rubin.

Awesome Book Swag: Embroidered book bags.

Note:  These book bags are expensive.  Like ridiculous expensive.  Like, $750.00 a pop.  You read that right.  I just wanted to let you know, you know, before you got all drooly.

But oh, despite the steep price tag, how sweet they are.

These bags are made by ditafelici on Etsy.  Besides the two above, you can also find bags styled in the covers of Catch-22, The Little Prince, 1984, and other classic novels.  She says this about her bags: “My charming book bags are made to look like faithful copies of first edition classic novels from my favourite era.  Truly trompe l’oeil, they are actually upcycled video cassette boxes, because books are timeless and classic and will last forever, unlike VHS!”  Pretty neat–I can’t afford it, myself, but maybe one of you can!