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    Categories: Copyright/Intellectual PropertyEbooksPiracy

A Story About Piracy

From author Maggie Stiefvater:

I’ve decided to tell you guys a story about piracy.

I didn’t think I had much to add to the piracy commentary I made yesterday, but after seeing some of the replies to it, I decided it’s time for this story.

Here are a few things we should get clear before I go on:

1) This is a U.S. centered discussion. Not because I value my non U.S. readers any less, but because I am published with a U.S. publisher first, who then sells my rights elsewhere. This means that the fate of my books, good or bad, is largely decided on U.S. turf, through U.S. sales to readers and libraries.

2) This is not a conversation about whether or not artists deserve to get money for art, or whether or not you think I in particular, as a flawed human, deserve money. It is only about how piracy affects a book’s fate at the publishing house.

3) It is also not a conversation about book prices, or publishing costs, or what is a fair price for art, though it is worthwhile to remember that every copy of a blockbuster sold means that the publishing house can publish new and niche voices. Publishing can’t afford to publish the new and midlist voices without the James Pattersons selling well.

It is only about two statements that I saw go by:

1) piracy doesn’t hurt publishing.

2) someone who pirates the book was never going to buy it anyway, so it’s not a lost sale.

Now, with those statements in mind, here’s the story.

. . . .

It’s the story of a novel called The Raven King, the fourth installment in a planned four book series. All three of its predecessors hit the bestseller list. Book three, however, faltered in strange ways. The print copies sold just as well as before, landing it on the list, but the e-copies dropped precipitously.

. . . .

I expected to see a sales drop in book three, Blue Lily, Lily Blue, but as my readers are historically evenly split across the formats, I expected it to see the cut balanced across both formats. This was absolutely not true. Where were all the e-readers going? Articles online had headlines like PEOPLE NO LONGER ENJOY READING EBOOKS IT SEEMS.

Really?

There was another new phenomenon with Blue Lily, Lily Blue, too — one that started before it was published. Like many novels, it was available to early reviewers and booksellers in advanced form (ARCs: advanced reader copies). Traditionally these have been cheaply printed paperback versions of the book. Recently, e-ARCs have become common, available on locked sites from publishers.

BLLB’s e-arc escaped the site, made it to the internet, and began circulating busily among fans long before the book had even hit shelves. Piracy is a thing authors have been told to live with, it’s not hurting you, it’s like the mites in your pillow, and so I didn’t think too hard about it until I got that royalty statement with BLLB’s e-sales cut in half.

. . . .

Floating about in the forums and on Tumblr as a creator, it was not difficult to see fans sharing the pdfs of the books back and forth. For awhile, I paid for a service that went through piracy sites and took down illegal pdfs, but it was pointless. There were too many. And as long as even one was left up, that was all that was needed for sharing.

I asked my publisher to make sure there were no e-ARCs available of book four, the Raven King, explaining that I felt piracy was a real issue with this series in a way it hadn’t been for any of my others. They replied with the old adage that piracy didn’t really do anything, but yes, they’d make sure there was no e-ARCs if that made me happy.

Then they told me that they were cutting the print run of The Raven King to less than half of the print run for Blue Lily, Lily Blue. No hard feelings, understand, they told me, it’s just that the sales for Blue Lily didn’t justify printing any more copies.

. . . .

I was intent on proving that piracy had affected the Raven Cycle, and so I began to work with one of my brothers on a plan. It was impossible to take down every illegal pdf; I’d already seen that. So we were going to do the opposite. We created a pdf of the Raven King. It was the same length as the real book, but it was just the first four chapters over and over again. At the end, my brother wrote a small note about the ways piracy hurt your favorite books. I knew we wouldn’t be able to hold the fort for long — real versions would slowly get passed around by hand through forum messaging — but I told my brother: I want to hold the fort for one week. Enough to prove that a point. Enough to show everyone that this is no longer 2004. This is the smart phone generation, and a pirated book sometimes is a lost sale.

Then, on midnight of my book release, my brother put it up everywhere on every pirate site. He uploaded dozens and dozens and dozens of these pdfs of The Raven King. You couldn’t throw a rock without hitting one of his pdfs. We sailed those epub seas with our own flag shredding the sky.

The effects were instant. The forums and sites exploded with bewildered activity. Fans asked if anyone had managed to find a link to a legit pdf. Dozens of posts appeared saying that since they hadn’t been able to find a pdf, they’d been forced to hit up Amazon and buy the book.

And we sold out of the first printing in two days.

Link to the rest at Maggie Stiefvater and thanks to Barb and others for the tip.

Here’s a link to Maggie Stiefvater’s books (hopefully all legit). If you like an author’s post, you can show your appreciation by checking out their books.

PG loved Maggie’s strategy. Since she’s the owner of the copyright in her books, she can put up legal versions of the first four chapters of her book.

Depending on the wording of her publishing contract, it’s probably not a violation of the contract. If it is a technical violation, PG doubts any publisher would complain about her use of a portion of the book for anti-piracy purposes, particularly since it proved to be an excellent sales promotion strategy.

PG wonders if there’s an anti-piracy/sales promotion business to be created out of this strategy. The basis for the business would be to flood fan forums with incomplete copies of a book in the manner described in the OP in order to boost legitimate sales. If a pirate uploaded a complete copy, the anti-piracy business could respond by posting warnings on the forum that the pirate copy was another defective one.

PG hasn’t thought through the legal implications of polluting the pools where pirates swim, but he’s in a mood today. As Maggie clearly demonstrates in the OP, piracy does steal ebook sales from from legitimate online stores and definitely harms authors.

PG doesn’t advise escalating the strategy further by implanting a harmless virus in an incomplete pdf copy of a book and uploading that to forums where illegal copies are circulated, however. However, a flurry of antivirus program warnings that were triggered when a pirated copy was downloaded might further discourage the use of illegal copies.

Or, perhaps, simply posting messages on the pirate forums warning that some illegal pdf copies on the forum contained a virus might serve the same purpose.

While he doesn’t claim to be a programmer, PG suspects writing a simple program to at least partially automate this anti-piracy strategy would not be terribly difficult.

For clarification, this is not the lawyer’s side of PG’s brain producing these thoughts. PG has an anarchist section of his brain that he keeps carefully separated from the attorney section.

The lawyer side of PG’s brain does say that filing suit against the operators of forums devoted to ebook piracy is another possible approach. The Digital Millennium Copyright Act provides some protection to owners of such forums, but PG suspects an inventive attorney could find some ways to make the lives of the organizers and hosts of such forums uncomfortable.

So, for a final warning, PG is not making recommendations here, only speculating about possible anti-piracy strategies and giving his anarchic self a bit of morning air. He’ll stop listening to the voices in his head for the rest of the day.

PG :