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EU regulator accepts Penguin offer to end dodgy e-book deals with Apple
After the European Commission accepted offers from Apple and four publishers to free up e-book pricing restrictions in December 2012, it's now accepted Penguin's commitment to do the same. Much like Penguin's vow to the US DOJ, it will end its agency agreements with Apple and other retailers, and "most-favored nation" clauses will be absent from any new deals struck over the next five years. Most importantly, e-book retailers will now be able to control prices and discounts of Penguin's catalog for two years. This legally binding pledge essentially brings an end to EC's "competitive concerns," as all involved in the original price-fixing investigation have now settled up.
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.
Penguin slinks back into e-book lending for New York City libraries, with a possible catch
You might say Penguin has had a rocky relationship with libraries. That looks to be on the tentative mend, as the publisher and 3M have together cut deals with the Brooklyn Public Library and New York Public Library to bring Penguin's e-book catalog back as part of a test program. Under the terms of the one-year project, the libraries will pay retail-level prices once a year to keep any given e-book available, no matter how many times it's virtually borrowed by residents in the boroughs. The book publisher is taking a page from its delay-happy movie industry friends when it comes to new releases, though: fresh titles won't show up at the library until they're six months out from first sale. You won't be reading the latest Clive Cussler novel right away, then, and 3M's lack of relevant formatting means no Kindle borrowing just yet. Even so, it's good to know that we'll soon have no trouble borrowing Penguin's edition of The Mayor of Casterbridge without having to hop on the subway first.
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.
Penguin catalog marches back into Kindle Library Lending Service, new releases still out in the cold
Following a temporary suspension from Amazon's Kindle Library Lending Service, it appears that Penguin books are now migrating back to digital consumption. If you'll recall, earlier this week Penguin had to address some security issues (details are still in the dark, though) and consequently pulled its newer releases from OverDrive's catalog, as well as blocking Kindle devices from accessing the catalog's remaining Penguin titles. While Kindle access has since been restored, the newer titles "remain unavailable," though Penguin says it hopes to find a solution by the end of the year.
Penguin pulls new e-books from library distributor, citing concerns over security
OverDrive's e-book universe got a little colder this week, thanks to Penguin. Citing "new concerns about the security of our digital editions," Penguin USA temporarily pulled its new titles from the distributor's stable of library e-books yesterday, pending further discussions with its business partners. The publisher didn't offer a concrete reason for its pullout, but issued a statement reaffirming its commitment to its business partners, and reassuring readers that physical copies of its new books will remain available across "libraries everywhere." OverDrive, which powers Amazon's Kindle Library Lending Service, soon issued its own statement, providing more insight into the conflict: Last week Penguin sent notice to OverDrive that it is reviewing terms for library lending of their eBooks. In the interim, OverDrive was instructed to suspend availability of new Penguin eBook titles from our library catalog and disable "Get for Kindle" functionality for all Penguin eBooks. We apologize for this abrupt change in terms from this supplier. We are actively working with Penguin on this issue and are hopeful Penguin will agree to restore access to their new titles and Kindle availability as soon as possible. This kerfuffle hasn't gone over too well with some libraries. In an e-mail sent to the Digital Shift, Cynthia Laino of the C/W Mars Library Consortium lamented the turn of events -- and the fact that her organization was left in the dark. "Neither Penguin nor OverDrive made any sort of announcement to library staff regarding this issue," wrote Laino, whose consortium represents more than 150 libraries across the US. "We have bought many additional copies of our most popular titles simply to meet the increased demand for them once Kindle users were added to our borrowers. We would not have spent the additional funds (thousands of dollars) had we known this issue would arise." Laino went on to express her hope for a quick resolution, suggesting that the involved parties should at least provide some compensation for the sudden withdrawal. We'll be following this story as it develops, and will be sure to bring you the very latest.
