Showing posts with label piracy. Show all posts
Showing posts with label piracy. Show all posts

Sunday, February 27, 2011

Some Random Thoughts and Links

Well, it's Sunday morning and I'm find myself in a quandary. I didn't write the blog early yesterday because, well, I was hoping to find something that wasn't related to Borders or publishers-doing-stupid-things. So, here I am on Sunday morning trying to get enough coffee into me to function and figure out what to blog about at the same time.

Let's start with the obligatory Borders report. Mark Evans has an interesting list of six reasons why Borders went bankrupt. While I don't necessarily agree with what he has to say, he makes some interesting points. Author Melanie Benjamin talks about where she was and how it affected her when she first learned about the Borders filing. The bankruptcy trustee has named the unsecured creditors committee. Included on the committee are publishers and landlords. This article points out that one of the issues Borders will have to deal with is making sure it is closing the right number of stores AND the right stores under the circumstances. Also, this committee will have something to say about it. Add that to this article that seems to confirm my suspicions that there will be more closures in the very near future.

In other news around the publishing world, Random House announced it is offering early retirement to employees over 50 who have been with the company at least 5 years. This offer expires April 15th. Of course, they are also quick to say that this is NOT an indication that RH is going to downsize. I really wished I believed them. But, in my experience, when companies start offering this sort of a deal, particularly with employees who have not been there for long, it is a sure sign of downsizing in the future.

Barnes & Noble released its third quarter figures for 2010. It doesn't surprise me to see that their sales were pushed by digital downloads and tech. Barnes & Noble has done a lot of things wrong, in my opinion -- most importantly having played a large role in driving out the independent booksellers. But they did two things very right, things Borders should have done. They embraced the internet and have had a strong online presence for years and they have a branded e-reader that is associated with their name.

On the ongoing front of will we ever get an industry standard in e-book formats, Japan has made a step in that direction. It was announced last week that their publishers and electronics companies had adopted EPUB 3.0 as their standard. Unless I am completely wrong -- very possible, of course -- it isn't going to be long before we see two main formats: EPUB and MOBI. The other formats will drop by the wayside. Whether we will see EPUB become the industry standard or if it remains split between the two will be something to be seen over the next 5 years or so.

In other EPUB news, and this does fall under the heading of publishers-doing-stupid-things, comes this. Harper Collins once again proves, at least to me, that it doesn't support e-books nor does it support public libraries. To start, there aren't that many e-titles available for download from libraries. Now there will be even fewer. Why, because of this idiotic decision by HC. A decision that flies in the face of mainstream publishers' very frequent cry that e-books aren't real books. It is this argument that publishers use to justify DRM, saying that when we pay for an e-book we are only buying a license for it. But, with the decision to limit the number of times an e-book can be checked out, they are saying it should be treated as if it has the same lifespan as a "real" book. Can you say, have your cake and eat it too?

Finally there's this article about the increase in piracy of e-books, specific to this article Kindle e-books. I think what frustrates me the most about articles like this is the fact that it completely ignores the fact that piracy happens to ALL books, not just those released in digital format. How quickly they forget about how the last Harry Potter book hit the internet in PDF before it was released in stores. When's the last time they brought up the brouhaha that surrounded Stephenie Myer when one of her manuscripts was leaked on the internet AND SHE THREW IT AWAY. But what really bothers me is how so many of the publishers who rant about e-piracy use the argument about how it is stealing from their authors and yet these same publishers do not give accurate accountings of e-book sales, nor do they give authors a reasonable royalty on e-book sales.

Finally, on a personal note, I want to thank everyone who has supported Naked Reader Press and our authors. It dawned on me today that we put our first books up for sale just about 6 months ago. It's been 6 months of hard work but it has been worth it. So thanks to everyone who made it possible.

(Cross-posted to The Naked Truth)

Monday, December 27, 2010

On ‘Piracy', Pricing and Twelve Days of Christmas

Yo ho ho and a bottle of rum!
er.
Merry Christmas! Sorry, a faulty translator...

In my blundering about the web, I was reading about Feast of Fools and the Lord of Misrule. It's a pity, in my usual lunatic opinion, that it has died away (or been put down). Society needs a time when the normal order is inverted. It gives those who are at the top a reason to make sure the people don't prefer the fool's rule. It was easier to outlaw it than to rule well, I suppose. Ah well. Perhaps I am the only paranoid who thinks the lunatics have been running the asylum for far too long, and the ones who are merely insane as a comparison to the new norm, are almost beginning to believe they're the mad ones.

I think there is an element of this desire for an overturn of the existing order spread throughout humans -- and of course it runs thicker in some of us -- but it's why we like to read of the underdog winning. Yes, there is a market for self-congratulatory camp-follower books, but I like to imagine that there is just as large a mob who like things that overturn the established order, or at least question it. Ok, so I am one of the intrinsic rebels, I suppose, albeit one who has made the unusual leap of logic that you cannot be both the victor and become authority... and still be sticking it to the man, when you are the man (a problem as prevalent in politics as publishing).

Anyway, to meander on, what brought me to wander into the Lord of Misrule and the twelve days of Christmas, and piracy, was this blog by Paul Cornell. Now I don't know Paul Cornell, and he might be nicest fellow and most brilliant writer that ever breathed. But just as surely as the Twelve days of Christmas follow after Christmas (and not before which was what I was looking up), I found a few things in this back-to-front and I wanted to ask your opinion of them (and uh, give you mine!).

Now to quote Mr Cornell, as the fundamental point from which he starts his take on piracy and e-books:

1: Publishers have always thought that when you buy a hardback, what you're paying more for is the chance to own it on the day of publication. Paperbacks are cheaper because they come out a year later. The reading public, on the other hand, always thought what they were paying more for was the extra physical mass and quality. (Actually, a hardback costs, one publisher told me, only from 50p to a couple of pounds more to make.) So obviously publishers think an e-book, out on the day of publication, should cost the same as a hardback. And obviously the reading public think it should cost less than a paperback. From this difference in perception stem all subsequent horrors.

Really? Am I the only person in the universe who read this, fell about in helpless laughter, and abused ‘Casablanca' to say "I'm shocked, shocked to find that gambling is going on in Rick's Casino!" It's possible, I suppose, that some of the reading public really were unaware of any early release premium -- the ones who continue to buy hardcovers of books of mine which are available in paperback, even books which have been out for nine years. But, well, hands up anyone who thought publishers really had no idea why the public thought they had to buy the hardback at that price?

Ah, you at the back. Did you bring enough of that stuff for everyone?

Look, if publishers were of the opinion that the public believed they were only paying for an early release, and not the materials of the format.... well, why on earth would they waste that 50p to couple of pounds pure profit, when printing "EARLY RELEASE" on a cheap paperback would entitle them to sell it for the same price? And why do books that only come out in paperback not get marked up for that first year? I am sorry, it won't wash. There was always full knowledge of what the public thought. Historically excuses like a rise in paper prices and printing costs have been used as reasons to raise prices. Either those were lies, or this is, or maybe both are. But this statement is true for no possible scenario.

Which then brings us back to well, why are prices so eye-watering for electrons (from everyone but Baen and a few independents) instead of hardbacks? Especially as there are no returns (50% saving right there), no paper, printing, warehousing or distribution costs (well microscopic costs). The answer may lie in any of a dozen real reasons, none of which they're prepared to share. Which of course brings us all to believe they are really good reasons and without malice or guile. My own guess is a reluctance or inability (or both) to change their business model and lose many historical overheads -- most of which do neither writers nor readers an iota of good. Does a book read better if it was edited in New York? Does a book read better if the publisher rents offices in Manhattan or St Paul? You couldn't get the staff to live in St Paul? Really? Being unable to find work in your field in NY must be more attractive than I had guessed. And why do they have to work in an office anyway? There is a great deal of cross-subsidy in publishing (and I suspect not all of it in ways one would expect. For instance I think you'd find the midlist subsidises the best-seller list - or the best-seller list would not be profitable). Is an advance (which puts up costs hugely) even necessary, if you can pay monthly and not years later? Of course, if there is a real reason which benefits readers and writers, there'd be nothing like a whiff of public scrutiny to show that yes, e-books need to cost $25 and garner support for that. Haven't seen any sudden outbreaks of transparency have you?

Speaking for myself: I think 6 dollars would cover a reasonably professional job, as long as you can sell at least 2400 copies - and as long as you weren't carrying the overheads.

Anyway - just to have a dip at the piracy issue - to quote Paul Cornell again.

4: People just like stealing stuff. As a recent Wired magazine article pointed out, every utopian excuse for illegally downloading music, from the presence of Digital Rights Management on tracks to the inability to move tracks between systems, has now been swept away by a market desperate to sell more music. There's literally no excuse any more. But this year illegal music downloading continued to grow, with 1.2 billion tracks being stolen in the UK alone.

I think he is conflating two issues - people like to pay as little as possible, and if possible, nothing. That's actually not the same as ‘like stealing'. Yep. There are those too. But not the human race in general. Given the social stigma attached to theft, and the elegant scientific work showing that at least in Western Liberal Democracies a sense of fairness is ingrained, virtually from birth, no, it is not true. People will rationalise theft, but they don't in general LIKE to steal. If you let them have grounds to self-justify their actions, more of them will do it (and that includes the utopian reason he didn't mention, overpricing and the artists getting a tiny fraction - which have not changed). The baseline rationalisation for most piracy IMO is Robin Hood: You're stealing from a greedy (especially if the price for an e-book matches the price of a hardback), rich (and faceless) megacorporation who robs everyone blind, and giving to the poor: ergo yourself. The fact that this is quite an accurate assessment of relative wealth does make it easier. So does the fact that it's ‘victimless' crime, in that the property remains available, and the victim (and there is one, really) is anonymous.

Now, you can get on your high horse and shout ‘piracy is theft and theft is illegal' and quote lawyers at me and stand on your legal rights. By law you're right.

Unfortunately, someone forgot to explain to those who make the law (and those who believe it will work for them) that law exists and works only at the will of the people. You can -- and lawyers and governments do -- pervert this to serve your ends... but there is a limit, and people break and evade laws as much as possible... if they do not have popular support. For example: There are speeding laws just about everywhere. And although they have logic behind them, they're enormously frequently broken. Constant policing is required to keep them at all, and if they weren't a major revenue stream with, actually, substantial support for the law in principle, the authorities would have given up long ago. On the other hand: There are places where public nudity is illegal... it's a lot less serious or risky(okay, mostly) than speeding. Yet it requires almost no policing. Why? Because really, in areas where it is illegal, you'll find most people support the law. If not: it is ignored or changed. The "it is illegal and I hate you for doing it" attitude leaves ‘piracy' about where the prohibition was, or banning Christmas for ‘elf-an-safety' reasons would. It's not going to work, just as it has not worked too well in music.

To box clever, to shift it to the probability of illegal copying to that of a nudist offending shoppers in rural Pennsylvania in mid-winter... you need to get the public to support the law. To believe it is fair.

And to do that the steps are IMO simple. Do away with the Robin Hood syndrome and the anonymity. The real victim needs to be - and to be seen to be - the author. And I think honesty on our part comes into this too. Writers are not rich (and if you are robbing the handful that are, shrug. JK Rowling or Dan Brown can fight you on their own dime and time). The paperback you paid Aus$20 for (or US $7.99)... I got 64 cents. My advances are typically around $10 000. The latest one was $6 000, thanks to the DRAGON'S RING hardback debacle. That means I need to write a lot (working 14-16 hour days, more or less 320 days a year) and live frugally, just to survive. For the record I get 50% of my e-book cover price from Naked Reader, and Amazon gets 30%. I specifically requested (ok insisted) that the price be LOW. Knowing all this: I have extreme doubt that most of my readers would want to rip me off on the Robin Hood principle (and if they did, go for it guys, you must be in dire, dire straits, and I hope the book lifts your spirits)!

The only reason for not making this information public is it makes the rest of the chain look like they might be gouging both the reader and the writer. Of course this is not possible. Could not be true. Now if retail, distribution and publishing would care to do the same as I have, we could see that publishing really needs to charge x for books, and that theft was crippling.

Or so declareth the Lord of Misrule.

No wonder they used to put him to death!

Saturday, November 27, 2010

E-Books & the Black Friday Blues

For those of you who aren't familiar with certain American traditions, there's a fairly new one that's become part of the Thanksgiving holiday. Black Friday. The day when usually calm, kind and normal people turn into insane, often violent, shoppers with a sense of entitlement that's big enough to try the patience of a saint.

You may ask what Black Friday has to do with e-books. Normally, it would have little, if anything, to do with them. However, a trip to the kindle boards yesterday sent my blood boiling. (Okay, I'll admit, it probably was boiling a little with fever yesterday anyway. Still, the insanity was enough to get to me.). Basically, what happened is that one of Amazon's "lightning deals" -- specials that are for a very limited number of an item at great prices -- was an $89 K2. Unlike a number of other lightning deals, this one had gotten national coverage ahead of time. And, like all those folks who camped out at Best Buy and Target, waiting for the doors to open so they could run for the discounted [insert item here] and who were more than willing to get into fist fights and shouting matches, all those cyber-shoppers were lined up, watching the clock count down to the moment the K2s would be available.

Yep, you guessed it. They sold out within minutes, maybe even seconds. And that's when the howling started. There were claims of bait and switch, threats to never darken Amazon's cyber-doors again unless they found a Kindle for this person or that. Never mind the disclaimer that it was a limited offer was in anything BUT fine print. These people wanted one. They DEMANDED one and screw anyone who didn't agree.

I don't know what it is about certain topics that turns normally sane folks into whiny, demanding toddlers wanting that new toy NOW. But there is a lot of this same mentality when it comes to e-books. You see it when people complain about the prices of an e-book because, gee, it doesn't cost as much because there are no printing or storage prices, nor shipping prices. You see it regarding piracy -- and, as far as I'm concerned, that whining goes on on both sides of the issue. You see it from the publishers who won't or can't see that the market is changing and that they need to change with it in order to survive. The one group you don't see it from, on a whole, is the one group who should be whining -- the writers.

Tomorrow, I'll go into the actual steps required to produce an e-book. But today, let's continue discussing this sense of entitlement that has permeated into the e-book market.

Years ago, the music industry went through a period where they put DRM on everything, worried that the new digital age would mean the death knoll of the business. Yes, it did change the way music was purchased. Most is now purchased online. Gone are most of the music stores we used to go to and browse through the rows of CDs. There were a number of different formats as well, preventing the buyer from listening to their downloads on multiple gadgets. Piracy abounded.

Did it kill the industry? Nope. The industry adapted. A standard format evolved and DRM did as well. Oh, sure, there are still certain companies that load the evil stuff into their music. But, on the whole, if you buy and download a song or album. you can play it on any MP3 player, no matter what the brand.

It is up to the publishing industry to do the same. If I buy an e-book from Amazon, chances are it will be locked with DRM. There will be a limit on the number of authorized devices I can read it on. And, guys, it isn't Amazon putting these limitations on. It's the publishers. Why? Because they are worried about piracy. At least that's what they say.

In yesterday's comments, Rowena noted that she can find her novels on certain pirate sites. Unfortunately, that's just the way it is. There are those folks out there who take exception to DRM and will work to find the code to break it and then offer it to others out in cyberspace as a way to thumb their noses at the publishers. They don't think about how this might affect an author's sales. They aren't even doing it to thumb their noses at the author -- well, if the author is a best seller and has publicly come out against e-books....that's a different story. There will always be someone out there who will post any e-book they can for free download. Same with music and video. They feel like they can do anything they want with it once they've bought it. Gee, there's that sense of entitlement again.

There's another form of piracy - although, to be honest, it really isn't piracy. At least not in my mind - that comes from DRM as well. But a bit of background, a number of publishers AND authors don't look at e-books as "books". They believe that you aren't buying the "book" but a license to read the words. That's why there is DRM. On the other hand, you have the buyers who have paid good money for the e-book and who believe they own it just as they would own a hard copy of the book. They don't see this as merely a license or a "rental". So they look for ways to break the DRM on the book so they can read it on different e-readers and make backup copies.

Why, you may ask, is this important? Say you spend $9.99 for an e-book (which is going rate for a big publisher's e-book from a best seller) this year. Next year, the e-reader you purchased it for dies and you buy a new one. If you purchased that e-book from certain sellers, you may not be able to download it again. Yes, there are download limits at a number of places. Of, you decided to go with a different brand of e-reader. That could mean the digital edition you purchased earlier won't work with your new e-reader because of DRM. Your only solutions are to either buy a new digital copy or find a way around DRM. So, you have those who are good with programming coming up with scripts that let you extract the digital copy, free from DRM. Sense of entitlement? Sure. Justified? In my opinion, yes.

The only group who is being hurt by both sides of this argument are the authors. They do lose some sales because their publishers either won't release their backlist in digital format -- leading folks to scan in their books and then post them online -- or by overpricing their books in digital format. Again, this leads to piracy. Those who pirate the books also hurt the authors because they are taking money from the authors' pockets. However, I would propose one more level here that most folks don't take into consideration. Actually, I have to give Kate credit here. She reminded me that while a number of us might look for a pirated e-book for whatever reason, we do tend to make up for that lost sale later -- either by purchasing that e-book when it finally becomes available through legitimate channels or buy purchasing other e-books (or dead tree books) from that author based on what we've read.

So what's the solution? The only one that will work long term is for the industry to accept the fact that e-books are here to stay. The more DRM that is attached to a book, the more programming folks will work to find and make available the scripts to break it. Either set up e-books as "rentals", where you get to download and read them for a discounted price for a set period of time, or accept the fact that someone who "purchases" an e-book owns it just as much as the purchaser of a hard copy owns that version of the book. Most of all, make e-books available at the same time as the hard copy comes out.

Okay, I just heard the howls going up on that last one, but hear me out. Probably the most famous - or infamous - series of books not released digitally is the Harry Potter series. Think about the number of sales that have been missed because Rowling won't sell the digital rights to her books. Now think about this: digital versions of the last few books were available BEFORE the books came out. That means, imo, someone from the publishing house leaked the files. Why? Because people felt they were entitled to get the book in digital form. Gee, entitlement again.

Okay, this is a long way of saying something very simple -- the only ones entitled to being upset over piracy are the authors. But they need to educate themselves to the realities of the situation and put themselves in the place of their readers. There's a growing number of people who read only digitally. Some because they like the convenience of having hundreds of books with them at all times. Some for ecological reasons -- they aren't killing trees by buying an e-book. Others for medical reasons -- they simply can't hold a book any longer but they can an e-reader. Now, both sides need to talk with one another, learn how their actions impact the other. Somehow, the publishers need to be brought into it as well. I'm just not sure how -- until the publishers are willing to adapt to changing times, things are unlikely to change.

See, this is what happens when something ticks me off when I'm sick. I get all wound up about things. Any way, what are your thoughts? Is e-book piracy really an issue that should be gone after the way the music industry has gone after music pirates? Or is it an anomaly that will go away if DRM is done away with?

Monday, July 19, 2010

My adventures with Cassandra and the ex-Soft Skull

I was up in Hobart last week, although with the Cassandra GPS leading me from traffic light to traffic light, and then up and over Grasstree Hill, it felt more like Hobart was up me (and it was not a pleasant experience) at a seminar on digital publishing. I was there to give input as an author who had actually done it, and took it as an opportunity to point out Baen to an Australian audience.

This was a lot more interesting than I'd expected, to be honest. The Guest Speaker (besides me as a sort of minor aside) was a fellow called Richard Nash, formerly boss of Soft Skull Press. If you'd asked me if I'd have more time than basic politeness for a largely literary press editor... I'd have told you avoid buying stuff on that particular street corner in future. I'm a pragmatic ex-scientist, who likes empirical evidence, logic and common sense, appealing to readers and selling books because people love them... ideas which sometimes seem to be outré in the larger world of publishing, and let's be frank, particularly in the literary fringe. The Luvvies know that us dirty Great Unwashed don't really know what is good for us, and they network to make sure that we'll get a choice from Ms Hobson. Why, the Great Unwashed might read books by people like David Drake or Weber or even Kratman, which besides being that sf-trash, might influence them or support their worthless ideas, which are not right and they ought not be allowed to have.

Of course, being a lowlife simian myself, with lowbrow tastes, I assumed this to be the case. I thought I'd hear a lot pro-establishment stuff about how publishing was fostering the arts, and how necessary high prices for DRM loaded, leased media were. (As the official rebel I came and I am still the same: The establishment these days may largely be run shall we say 70's liberal arts college grads who labelled themselves as anti-establishment... However: When you are in charge of the system: you are are the establishment, no matter what your back-history was. It is sometimes difficult to distinguish their conduct from that which they once loathed. ‘Be good little proles and stick with our status quo, because we know what is good for you'... which has never been something I was much good at accepting.)

Okay so I was wrong. Sorry.

Both Kate Eltham's (from the Queensland Writer's association) presentation and Richard's made a lot of sense. And Kate was possibly less flattering about DRM than I would be (although more professional and dispassionate about it. Hey, I'm just an author, outspoken, opinionated and really silly). And Kate is even more enthusiastic about the need for REAL data than I am. I LIKE that!

I am still not sure just how Richard hopes to make money out of his company, Cursor, but I found a lot of common ground, and some refreshing ideas. I was amused to see his ideas of about advances and the negative effect these have on both sides of the equation (which I wrote about only last week). His idea of copyright only being for a 3 year period was... stunningly refreshing. (3 years as an initial grant and thereafter renewed annually -- makes sense to me -- my publisher is doing a good job, I'll renew. The book has taken off -- let's look at new terms. The publisher demanded every right under the sun and sold none of them, wasting opportunity and reducing my income? Goodbye. The book didn't make much, and is barely selling -- they want out? Fair enough.)

Perhaps because he was talking to writer-audience he was pitching this at making business sense for writers -- and in an electronic publishing world where traditional publishers are not, shall we say, offering much added value for what they want back, and appear lining themselves up to be the weakest link for most established names... perhaps he is the future -- publishing where publishers make themselves attractive to writers for reasons other than just access to retail space and an advance.

I think he was quite similarly taken aback that Baen had years head start on many of the ideas, and that yes, his ‘new' ideas were Jim's ideas. But he seemed to be taking notice.

Some of the concepts - like there is not enough piracy :-) - are startling enough to make me sit up and take notice. And I have been saying some of the same things for years too -- we're NOT getting most of the potential market out there. True - he was talking in price points, I'm talking about ‘what various reader niches want to read' and matching them to writers - but that too he does start to address by the idea of social recommendation networks (Something Ori has brought up here).

So: how long should copyright be sold for?
How long should it be?
How can publishing move to be an essential part of recognised names business (besides, well, making cutting them out illegal or collaborating with retail - which seem to be the possibilities being explored, eh)
How do we get those social recommendation networks up?

Monday, June 21, 2010

So how do we get there from here?

Are we there yet?

Ok I am feeling fundamentally silly, because after the long, long haul with Save the Dragons et al... finally my dearest beasts arrive here tomorrow. Wednesday and the cats are in Launceston, Roland and Puggle arrive with her tonight, and the lot fly over with the mailplane tomorrow. So today has been frantically tying to finish the fence, because we thought there was another day.

And THE TEARS OF IT ARE WET appears to be gasping its last. It might have been over today, except that the fence intervened. And in the process I have done a nice hole in my finger. Frodo must have had a hell of a time, typing.

During the week someone called my attention to a very old article - (part of discussion about a publisher insisting on world rights - because this might possibly impact on their e-sales. Curiously enough the same publisher has been pushing prices up to restrict e-sales eating hardcover sales. Kind of dog-in-the-manger process. 'We don't actually want it, we're not going to do anything with it, but we really don't want you have it, in case you do something with it.' Sigh. I have yet to have my publisher to sell a solitary right of any sort, so it does irk me, especially as I know this can be 2/3 of a writer's income, and that's for writers who sell less than I do. Maybe in some wonderful future authors Utopia contracts would all have use it or lose it clauses. - anyway - the article makes two wonderful points about 'piracy' - that terrible pervasive fear that so many authors dread or blame. Over the years I've noticed there seem to be an example of inverse square law in 'piracy fear' - The less it matters to you if you are pirated, the more rabid you are likely to become about it. This applies for instance to Josepha Nerverherdover (who is so invisible any notice is good - and she'll never earn her advance anyway -so even if pirated copies were lost sales, which they usually aren't, she lost nothing) and the Rowling-in-it extreme who really are going to be bankrupted ha ha by a handful of pirate downloads (because, surprisingly to people in charge of large corporate publishing houses, our readers are remarkably honest and actually like to reward their beloved favorite authors. I'm actually a bit taken aback by Ms. Rowlings attitudes - but then I don't bother to buy (and I don't 'pirate') her books after the first couple. I'm very grateful that she got lots of kids reading old-fashioned fantasy. I wish mainstream publishing would realise how popular it could be) O'Reilly does a good job of debunking the obscure author's fear. And I'm with him. I wish I was popular enought to be a 'pirate' target. I could use the publicity. That's why they're up for FREE at the Baen Free Library. And yes, he's quite right too. By the time you're getting the vast bulk of publishing's effort and publicity and push -- the tiny 'loss' you'd suffer from from having someone swipe copies is not relevant - and based on my experience with SAVE THE DRAGONS, if readers knew you were getting it (or most of it) instead all the middlemen... and moreover, if they know you need it, fair numbers of readers do pay, with no incentive to be honest at all.

The point I found most interesting in the article was lesson 6: Free is eventually replaced by a better quality paid alternative. And how right that is. The first fix is free.:-)

So: how do we move forward? How do we make e-books a big seller - especially ours!? And how do we stop people worrying about 'piracy'?

I am sorry this is all over the place tonight. But my head is.

Sunday, March 28, 2010

E-Books and a Certain Act of Piracy

By now, most of you know my stance on e-books. I love them, but I hate DRM. I don't think they will totally replace print books, but they have their place and it's time publishers recognize it. That said, I have little use for websites that knowingly and willingly put up copies of e-books that are currently under copyright for download without proper permissions.

I am not talking about the Baen free library, Joe Buckley's The Fifth Imperium, Suvudu or the like. These are all legitimate sites authorized by the publishers and their authors to make available for free downloads of certain books. I love these sites. I've found a number of new authors to read because of them.

No, what I'm talking about are the torrent sites and other websites that don't give a damn about authors' rights. These sites, and their operators, are pirates. I'd use stronger language, but I don't want to be kicked off the blog. Yes, my feelings about these bottom feeders are that strong.

What, you might ask, brought on this tirade? Very simply, I read a blog entry by Nancy Kress and her "discussion" with one of these parasites. Not only does he refuse to remove her books from his site, but he claims there is no "ownership" of words, ie books. Worse, this person claims to be a librarian, someone who ought to at least be willing to protect the rights of those who write the books in his collection.

I won't repeat the conversation (actually a series of emails). You can find it here. Normally, I wouldn't do that much, because you can find the link to this person's website. However, this time I'll make an exception. This person knows, or should know, what copyright is. On the site, he specifically says this is to gather, and allow for download, books that do not qualify for inclusion in Project Gutenberg. He includes books from authors like King, Atwood, Grafton and many others. Oh, he couches it in terms of "loan" and "limited number of downloads" per time frame. But then he turns around and asks for donations. Oh, and then there is the "free" DVD you can get -- as long as you "donate" the appropriate amount and then tell him where you want the DVD sent. Sorry, that's a sale.

Now, before someone pipes in and says that everyone who has ever busted DRM is also a pirate, no. We bought the book. We removed the DRM so we could read it on another ebook reader. We aren't -- or at least none of the folks I know who break DRM -- are out there giving the now DRM-free books away to the masses. Nor are we charging for those books, making money off of them to the detriment of the authors who wrote them.

And, no, this isn't the same thing as selling a hard copy of a book to a second hand book shop -- or going to one and buying the book. Publishers and authors might not like the fact they get no royalties from these sales, but at least they know the book was originally bought from a legitimate retailer. We don't know that with this particular site -- nor, frankly, do we know it with any of the sites that allow for illegal downloads of books. In fact, I'm confident in saying that a number of the books on his site were not originally purchased as ebooks. If you read the list of books available (currently more than 2,000) and when you read his explanation of what his site is, you will see that there are books available that are not currently offered in electronic format and that he has scanned them in AND he encourages others to do the same.

Bottom line, folks, if you want an ebook, there are plenty of legitimate places where you can find thousands of them for free. Go to Amazon. Go to Barnes & Noble. Go to Fictionwise. Go to Baen's free library or webscriptions. Check out Teleread for a list of places. Or even wikipedia. Just don't go to these sites that aren't affiliated with legitimate publishers or that operate without publisher or author approval. If nothing else, respect the writers you enjoy reading enough not to visit these sites. And, when you do find these sites and see books you know aren't out of copyright yet, let the publishers and authors know.

Me, I keep an eye out for these sites with regard to several authors I know and give a yell when I find their books on them. I'd like to be able to do more, but the authorities frown upon stakes and boiling oil. So that does bring up the question of what should be done about these pirates? I think we all agree that the government and music industry have shown how foolish it is to try to fine and jail those who illegally download. But what should be done about those who put the books up for download, knowing they have no legal right to do so? Should anything be done? Tell me what you think.

Monday, September 21, 2009

The (writers) Eureka Stockade.

I belong to a novelist’s group and the other day the Google thing rumbled into the usual piracy war. And people holding out about copyright and theft... I’m not going to go into the whole piracy war again. You all know where I stand on it: that it is largely a self-inflicted injury, best solved not by DRM but by reasonable prices and reasonable convenience and availability. Your milage may vary.

What I am going to talk about is copyright and its purpose. Because that’s a debate I believe we have start again.

The purpose of copyright, plain and simple, is to allow the creators of duplicable intellectual property to make a living. To nuture and foster the arts in a better fashion than a patron or storyteller’s bowl did.

The purpose of copyright is NOT (and expressly NOT) to look after look after retail. Or to shelter distributors, publishers, movie production houses or music producers.
Amazon, Google, EMI, Microsoft and every publishing house out there SHOULD HAVE NO INTEREST AT ALL IN COPYRIGHT if it is serving its purpose. If they’re all trotting off with multi-million dollar suits about copyright and who owns it... something is very wrong. If that is all (or even principally) that it is doing: It’s a pointless, worthless law and needs to scrapped, struck from the statute books and buried like ‘patrons’ as having failed in its purpose. They need something that protects creators. The rest are effectively replacable and add little value to society.

And it has failed.

It’s purpose, remember, was to allow the creators of intellectual property -- the most valuable people in any society - without whom George Bezos has no business, and the directors of EMI are out selling vegetables -- TO MAKE A LIVING. To nuture and to foster the creators.
It’s failed and failed dismally. Copyright isn’t just there for JRR Tolkein’s heirs, or Disney or even JK Rowlings. It’s there to nurture the BOTTOM of the system too. None of the above are struggling to make a living. 95% of published authors, who are earning from copyright, are. Therefore, either they should not be in the ‘creation’ business, or there is a problem with how the law has fulfilled its purpose. In my opinion, it has failed almost completely. That’s why Rowena was talking about other ways of writers making a living. Talking about state support. Talking about taking second jobs.

That’s just wrong, gentlemen, ladies, and other animals. We have an international law intented for the purpose of selecting the best talent and letting it grow and flourish. That means that the governments of the world perceived the value of CREATORS. The law has failed, been subverted and perverted. It’s not doing it’s job and now, and with the electronic medium as a potential breakout area, all of the parties who have battened onto the income that was intended for the creators of intellectual property... are trying to keep the status quo, or in Google’s case, muscle in. Leaping up and down... and as the only shred of legitimacy they have for that claim is (hollow laughter) the public interest (See the Australian parallel importation debate, where the principal price drivers are claiming they want to give the public cheaper books) and the supposed interest of the creators. Which they are ‘protecting’, see (and maybe some of the publishers are. Baen can at least claim to be doing a better job than others - but it is still not enough to live on in many cases. And the rest of the chain really can't even say that much.) Telling us that even the crumb we have been left, will be taken away. And many of us are so frightened and desperate that we’re falling in with it.

We need to back off from this. Look at the ‘living’ we earn. Look at the way that copyright derived income is divided up (in most cases more than 90% goes to parties who are not the creators). Look, dispassionately, at the costs in the electronic arena. Look dispassionately at costs overall: Authors’ incomes are calculated as a ‘gross’ under the weird assumption that this is all ‘profit’ - that there are no staff who need to earn enough to pay their COL bills, no equipment, no office, no phones, no medical. Yet profit in every other step in publishing is considered as Nett -- profit after those things are taken off. You will frequently hear the loud protestation from the rest of the chain that they make scant profits...say 3 or 5%. But, if you make the assumption that as they’re all living off the proceeds of the law to allow the creator to earn a living... then surely the creator’s ‘profit’ should only be calculated from point at which they are making a living wage for the most valuable part of the chain. Most authors - 90% - would smile if their profit from the book they took a year to write was calculated from a nett position and that was only 3% -- even if they were being paid minimum hourly wage, and time and half for overtime (I’d be earning more than 50K a year - at minimum wage ;-). I wish I did - and I’d be very happy with 3% profit on that, let alone plus the costs of office, equipment, medical etc.)

There has to be a better way of doing this: either we divest ourselves of that chain, and hire the necessary part on a work for hire basis -- which has a lot going for it in the electronic field, or we consider letting the corporates have copyright to play ducks and drakes with (which is what to all intents and purposes for all but a small percentage they do now) and cop out of it, and just work for hire, charging the sort of rates per hour that other skilled professionals who work for hire do.

Or has anyone else got any other suggestions or modifications? Because as it stands, copyright is not succeeding in its purpose. Most of us are not making a living. And it’s not nurturing and fostering the creative arts.

Or do you think writing should be an amatuer, part-time profession?