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Hitting the Books: The latest 'Little Brother' is a stark cybersecurity thriller
Back in 2008, New York Times best-selling author and Boing Boing alum, Cory Doctorow introduced Markus “w1n5t0n” Yallow to the world in the original Little Brother (which you can still read for free right here). It follows Yallow’s archrival, Masha Maximow, an equally talented hacker who finds herself working as a counterterrorism expert for a multinational security firm.
Penguin, Macmillan notify customers of e-book settlement
Penguin and Macmillan sent out emails to eligible customers today, notifying them that they're eligible to either receive iTunes credit or a check as part of the settlement of the US Department of Justice antitrust suit against these companies. Apple, despite a guilty verdict, remains the lone holdout in the price-fixing case. The notification points out that this is just for Penguin and Macmillan, and the settlements are pending by the court. Previously approved settlements include HarperCollins, Simon & Schuster and the Hachette Book Group. Notifications were sent out about these earlier settlements in November 2012. As of now, the settlement includes an estimated credit of $3.06 per e-book for New York Times bestsellers and $0.73 per e-book for non-bestsellers. Minnesota residents are included in the Penguin and Macmillan portions of the settlement, but will receive more e-book credit from a separate agreement with the other three publishing companies. If the settlements are approved at a December 6 hearing, the credit will be issued to customers. Barring any appeals, that should be putting money back in your pocket some time in 2014.
Macmillan settles up with DoJ, Apple now stands alone in e-book price fixing case
It took awhile to read the writing on the wall, but Macmillan has finally settled the antitrust lawsuit brought by the US Justice Department for the publisher's alleged e-book price fixing. In doing so, Macmillan joins Hachette, HarperCollins, Simon & Schuster and Penguin in choosing not to go to trial against the DoJ's lawyers. It's an about-face from Macmillan's initial stance in settlement negotiations, when it claimed that the DoJ's terms were far too onerous. Why settle now? Company CEO John Sargent told the Wall Street Journal that the company changed its tune not because it was guilty, but "because the potential penalties became too high to risk even the possibility of an unfavorable outcome." Should the settlement terms be approved by the court, retailers will be able to discount Macmillan titles, regardless of existing contracts, for 23 months starting from December 18, 2012. With Macmillan bowing out, Apple remains as Uncle Sam's lone legal opponent at the trial scheduled in June. Given Apple's staunch denial of wrongdoing and general willingness to litigate, it seems we may be in for some more legal fireworks this summer.
Macmillan tests selling e-books to libraries in two-year stretches
Major publishers are taking wildly different approaches to resolving the woes surrounding e-book lending at libraries: they're experimenting with both the short-yet-cheap subscription as well as an expensive option to pay only once for perpetual use. Sure enough, we're now seeing the middle road. Macmillan plans to run a pilot project in the first quarter of the year that will charge libraries $25 per copy for a selection of 1,200 back catalog Minotaur Books titles, but give buyers better than usual lending rights for either two years or 52 loans, depending on the popularity. They'll only have permission to lend to one person at a time for each copy, although Macmillan's comments to LibraryJournal leave the door open to changing terms should the pilot struggle to gain traction. As it stands, the strategy could be expensive for libraries if they have to pay over and over again for a perennial favorite. It might, however, be palatable for those book lending outfits already planning to go all-digital.
EU regulators to accept Apple and book publishers' offer of cheaper e-books
According to Reuters, EU regulators look likely to accept an offer from Apple and a handful of publishers, including Simon & Schuster, HarperCollins, Hachette Livre and Macmillan. The assembled publishers propose that they will allow retailers (including Amazon) to sell e-books cheaper than Apple currently does. The move will attempt to end the EU's anti-trust investigation that looked into the publishers' e-book pricing model that unfairly affected retailers' ability to compete with Apple's own electronic book collection.
Editorial: Bring on the digital overthrow of publishing
Last week's release of the Amazon Kindle Paperwhite offered an opportunity to look back on the rapid growth of e-reading, and look forward to what the digitization of publishing will mean to four major market forces: publishers, bookstores, authors and readers. As during any technological disruption, winners and losers trade fates until the upheaval settles and a new cycle of status quo begins. Amazon is not the only bookstore represented in the scramble for new-era survival, but its major role has multiple dimensions: seller, publisher, enabler, inventor and primary instigator of disruption. Amazon is banking on being a winner, and was recently handed an advantage by the U.S. government in its uneasy relationship with publishers. While industrial forces work their way through the dislocation of new paradigms, individuals -- both book consumers and book authors -- stand to be the biggest winners, and that is a good thing.
Judge approves settlement for Hachette, Simon & Schuster and HarperCollins in e-book lawsuit
It's a big day in the world of e-books, and not just for the crew at Amazon. Today, Judge Denise Cote approved settlement terms for three of the publishers accused by the Justice Department of price fixing. Hachette Book Group, Simon & Schuster and HarperCollins each agreed to settle with the government, rather than face trial -- as Apple, Macmillian and Penguin Group will do in June of 2013. As part of the settlement agreement, each of the publishers will be required to terminate their contracts with Apple within one week. Similarly, they will be required to end contracts with other e-book retailers where clauses exist that would hinder the seller's ability to set pricing. Further, the settling companies won't be able to form contracts for the next two years with e-book retailers that would hinder the seller's discretion to set pricing. During the settlement approval period, individuals and companies alike were given 60 days to weigh in on the matter, which included objections from the American Booksellers Association, the Authors Guild and Barnes & Noble. Ultimately, Judge Cote determined that arguments against the settlement were "insufficient" to block the approval.
Apple and publishers offer deal to put price fixing scandal behind them in EU
In the US, the e-book price fixing scandal appears to be winding towards its inevitable conclusion. Many of the publishers settled with the DOJ right off the bat, and now the states themselves have gotten three publishing houses to cough up $69 million in their own agreement. (Of course, Apple, Macmillan and Penguin have all decided to go the trial route, but we'll have to wait till next year to see how that plays out.) In Europe, the battle is still raging on, but Reuters is reporting that the accused are offering concessions in a bid to put the antitrust allegations behind them. The only name missing from the list is Penguin, which may or may not be part of the plea deal. Not all the details of the proposals have been revealed yet, and there's no guarantee the commission will accept them. The heart of the settlement, however, would involve allowing Amazon to sell e-books at a discounted price for two years. Would cheaper Kindle books be good, clean fun for the whole family? Sure, but it certainly pales in comparison to the potential penalties if Apple and their publishing partners go to trial.
Sci-fi publisher announces Tor and Forge will go DRM-free with all e-book titles
Science fiction is often said to foresee the future, and today, that news couldn't ring more true. Tom Doherty Associates, a subsidiary of Macmillan and publisher of popular sci-fi and fantasy brands such as Tor and Forge, today announced that as of early July, all of its current e-books will be distributed without DRM restrictions. The company's president, Tom Doherty, revealed the shift as a long-time request of both its readers and authors -- which unsurprisingly, are a rather tech-savvy bunch. In addition to the move affecting all of Doherty's current sales channels, the move will allow the publisher to seek out independent e-book dealers that sell only DRM-free titles. While the move is unlikely to extend to the rest of Macmillan's properties anytime soon, just leave it to the sci-fi community to show others the way forward. Perhaps the future isn't gonna be so scary after all.
Apple says e-book price fixing charges 'simply not true,' Macmillan also responds
Not that we were expecting Apple and Macmillan to simply fess up and say, "you're right, totally tried to circumvent the free market," but both companies have come out swinging pretty hard against the allegations of price fixing. Apple has rejected the charges, calling them "simply not true." A company spokesman, Tom Neumayr, went so far as to tell Reuters that Cupertino was actually fostering competition by "breaking Amazon's monopolistic grip on the publishing industry." John Sargent, the CEO of Macmillan, defended his company's behavior in blog post, saying the publisher had done nothing illegal and that the concessions sought by the DOJ in settlement negotiations were "too onerous." It looks like the next step for both is to face off with the US government in court -- a daunting task, no matter how large your war chest.
Justice Department formally charges Apple, big five publishers in e-book price fixing case (update)
The Justice Department has formally decided to sue Apple, Hachette, HarperCollins, Macmillan, Penguin and Simon & Schuster over alleged e-book price-rigging. Apple and Macmillan have already denied any wrongdoing, saying that the agreements were enhancing competition in an industry previously dominated by Amazon. The case centers around a deal to switch to agency pricing, where the vendor takes a 30 percent cut of each sale rather than the wholesale model which allows stores to sell books at rock-bottom prices. It was previously believed that the publishers had cut back-room deals with the Government agency after bowing to pressure to withdraw Cupertino's "favored nation" status. If successful, the DoJ will allow Amazon and Barnes and Noble amongst others to return to the wholesale model to sell best-sellers at a loss, something that the big five are desperate to avoid, and will look to fight the battle in court. Update: The PDF of the DoJ's filing is now available online -- it makes for fascinating reading. Update 2: Bloomberg is now reporting that Simon & Schuster, Lagardère SCA's Hachette Book Group and HarperCollins have settled with the DoJ over unspecified terms. Hasty!
Justice Department preparing Apple iBooks antitrust lawsuit
The Justice Department is reportedly preparing to go after Apple, Simon & Schuster, Hachette, Penguin, Macmillan and HarperCollins following its investigation into alleged e-book price-rigging. The case centers around a deal to switch to agency pricing, where the vendor takes a 30 percent cut of each sale, rather than the wholesale model that gives publishers more flexibility to reduce prices or even sell e-books at a loss. Some publishers are now trying to agree on a new policy in an effort to stave off the kind of federal suit that nobody wants to wear.
Apple and major publishers investigated for e-book price fixing in Europe
The European Commission has opened a formal antitrust investigation into some of the world's largest publishers following a series of unannounced inspections back in March. Hachette Libre, Harper Collins, Simon & Schuster, Penguin and the German owner of Macmillan are all suspected of "anti-competitive practices" in the way they've sold e-books in Europe, "possibly with the help of Apple." Read on for the full press release.
Macmillan trying to sell readers 'hardcover' ebooks
John Siracusa drew my attention to an article by Macmillan CEO John Sargent on the agency model, availability and price, in which he says that the company actually plans to keep their hardcover/paperback separation even while selling ebooks. While new hardcover ebooks will sell for $14.99 and $12.99 ("a tremendous discount from the price of the printed hardcover books"), the company will aim to sell "ebook editions of paperback new releases" for as low as $6.99. As Siracusa goes on to say, "now let us all sit back and ponder the concept of 'paperback' and 'hardcover' ebooks." Macmillan is sticking with an old pricing scheme even in a brand new marketplace. Just what exactly makes the difference between a "hardcover ebook" and a "paperback ebook"? Read on to find out.
More eBook trouble for Amazon
Amazon has run into more trouble with its pricing -- after Macmillan and HarperCollins, a third company has pressured the online book retailer to raise prices on their Kindle eBooks. This time it's the Hachette Book Group, and their CEO in an internal memo says that the company will switch to an "agency model" for eBook sales. What's an agency model? Why, it's the 70%/30% split between platform and content provider currently used in the App Store, and the same model that's planned to be used in iBooks on the iPad. And it's important to note that this is exactly what Jobs said would happen -- that publishers would move away from Amazon when they had another system to go with. What we don't yet know is where prices will end up on the iPad -- Jobs said that prices would be "the same," and it's looking more and more like the $9.99 bestseller price is going to be abandoned for $14.99 or even higher. But that's only because Amazon is fighting shadows with the iPad right now. If they can actually woo some content back to their side when the iPad actually releases, we may see prices get a little more competitive. Until then, the iPad hasn't even come out and it's already shaking up the ebook industry completely.
Amazon pulled Macmillan titles due to price conflict -- confirmed (update: they're back!)
Macmillan's US CEO, John Sargent just confirmed that Amazon pulled its inventory of Macmillan books in a powerful response to Macmillan's new pricing demands. Macmillan offered the new pricing on Thursday, just a day after Apple announced Macmillan as a major publishing partner in its new iBookstore -- a revelation that certainly factored into the discussions along with Skiff and other emerging e-book distribution and publishing models. During the meeting with Amazon in Seattle, Sargent outlined what he calls an "agency model" that will go into effect in early March. Under the terms offered, if Amazon chose to stay with its existing terms of sale then it would suffer "extensive and deep windowing of titles." Amazon's hardball response was to pull all of Macmillan's titles from its Kindle site and Amazon.com by the time Sargent arrived back in New York. Macmillan claims that its new model is meant to keep retailers, publishers, and authors profitable in the emerging electronic frontier while encouraging competition amongst new devices and new stores. It gives retailers a 30% commission and sets the price for each book individually: digital editions of most adult trade books will be priced from $5.99 to $14.99 while first releases will "almost always" hit the electronic shelves day on date with the physical hardcover release and be priced between $12.99 and $14.99 -- pricing that will be dynamic over time. So when Steve Jobs said that Apple's and Amazon's prices would be the same, he was almost certainly referring to the $12.99 to $14.99 e-book pricing originally rumored by the New York Times -- not the $9.99 price that Amazon customers have been enjoying so far. Funny how Jobs, the man who once refused to grant the music labels' request for variable pricing on digital music so that Apple could maintain a low fixed $0.99 price per track, is suddenly the best friend of a new breed of content owners. Guess the old dog just learned a new trick, eh? Update: Amazon has conceded, but not willfully. It has decided to give the consumer the option of paying too much for a bestseller, and frankly, that's the right thing to do. Let 'em vote with their wallets, we say. The full response is after the break.
Macmillan books gone from Amazon.com, Steve Jobs grins wryly from his throne of golden iPads
We hate to iPad-ify the news so bluntly (matching lower back tattoos aside), but the timing of this one is uncanny. Mere days after Apple's announcement of a deal with Macmillan for its new iBooks store, and right after a shakycam video of Steve Jobs predicting some publishers would be pulling books from the Kindle due to a lack of satisfaction with Amazon's prices, Macmillan's books have mysteriously disappeared from Amazon.com. Even the paper ones, like the new Wheel Of Time book, pictured to the right. You can of course buy books from the other retailers that Amazon's systems support (along with Amazon.co.uk and Amazon.ca), but there's no getting a Macmillan publication straight from Amazon.com. Without a peep about the issue from Amazon or Macmillan, it's easy to see this as some sort of wild glitch -- after all, what could possibly cause such a rift between these two companies to end sales of all Macmillan books, instead of just the e-books for Kindle? Hopefully we find out soon, before our heads implode conspiratorially.
