From The Book Designer:

I continue our saga about a new upload of a self-pub book to the standard folks. What if you haven’t done this in the last couple of years? What’s new?

I discussed the Amazon Kindle print book/ebook in some detail in my last post, which was Publishing Your Book is Changing on Amazon Kindle.

. . . .

So, is there a publishing life beyond Amazon Kindle? The answer is a definite yes, from my perspective. Moreover, authors play an important role in keeping our publishing system healthy by succeeding with a diversity of suppliers.

I want my printed books to be sold in independent bookstores, such as Book Passage, near me in California. They could do a direct order from Ingram or get consignment books from me.

I want a print-on-demand (POD) manufacturing source that would be acceptable to independent bookstores, plus chain bookstores, such as Barnes & Noble. I want a manufacturer who supplied libraries.

For all this I need Ingram. I also want some “Ingram-manufactured” books to sell to individuals and at events where the folks may not be “Amazon-friendly.” There are raging controversies about the book-selling ecosystem, as you probably know.

I also want my ebook version in iBooks, B&N, Kobo, and other ebook retailers beyond Amazon. For my ebook-for-everyone-beyond-Amazon, I chose Smashwords. I’ll discuss Smashwords next time in my “every-five-weeks” column in Joel’s publishing ecosystem.

. . . .

So, is there a publishing life beyond Amazon Kindle? The answer is a definite yes, from my perspective. Moreover, authors play an important role in keeping our publishing system healthy by succeeding with a diversity of suppliers.

I want my printed books to be sold in independent bookstores, such as Book Passage, near me in California. They could do a direct order from Ingram or get consignment books from me.

I want a print-on-demand (POD) manufacturing source that would be acceptable to independent bookstores, plus chain bookstores, such as Barnes & Noble. I want a manufacturer who supplied libraries.

For all this I need Ingram. I also want some “Ingram-manufactured” books to sell to individuals and at events where the folks may not be “Amazon-friendly.” There are raging controversies about the book-selling ecosystem, as you probably know.

I also want my ebook version in iBooks, B&N, Kobo, and other ebook retailers beyond Amazon. For my ebook-for-everyone-beyond-Amazon, I chose Smashwords. I’ll discuss Smashwords next time in my “every-five-weeks” column in Joel’s publishing ecosystem.

. . . .

The big new decision with Ingram, of course, was whether to move my four earlier books from their Lightning Source world over to the newer IngramSpark realm. Then I would place the new book also in Spark. After studying this, it appeared to me that a change was appropriate. So I requested it.

The Ingram response on this was fairly hospitable. As in all systems, the quality of your Customer Service experience can vary.

Here is what happened:

• Ingram said they would add an opt in to change to Spark on my Lightning Source page, with the words Learn About Spark. This did appear, upper right center, in small type on my page. I almost missed it.
• The “migration” from LSI to Spark proceeded smoothly and in an orderly way. I was required to sign the Global Distribution agreement and an Ebook Agreement, even though I was not uploading an ebook at this point.
• Once I made the migration from LSI to Spark, they said it would be one-way. You are not coming back. That was OK. I did not plan to go back.
• The prices for printed books would be the same, they said. I always choose the 55% discount because that is what is needed to get bookstore sales.
• It appeared that with Spark I would avoid the $12/year Market Access fee that LSI charged for each of my titles each year. That would be welcome.
• It appeared that, as a member of the Independent Book Publishers Association (IBPA), I would have a code and could avoid book setup fees. That would also be welcome. The book setup was a $49 cost. Later updates of the interior or cover file would incur a $25 charge, however, as I understood it.
• I had a personal rep in LSI, but never used the service. So I felt no loss without a personal rep in Spark.
• I had options for bank credit payments, etc. in LSI for large orders, rather than a simple credit card, but never used it. So, no loss. I could continue dreaming of imagined bulk purchases of my books. You will be among the first to learn about this when the lightning strikes.
• Spark also appears to be an ebook-selling structure, not an option at LSI. I noted this, but did not intend to use Spark for selling ebooks at this time. I’ll watch to see how the Spark ebook option develops.
• A welcoming note from Spark was encouraging. It had lots of their self-pub educational resources listed. Amazon Kindle, IngramSpark, and Smashwords are all major author-learning ecosystems if you take advantage of their how-to posts and videos.
• When I engaged Spark in an online chat, they always sent an email follow-up with all the chat documentation written out. That was helpful. The chat was always so immediate that I had little desire to call by phone.
• In one chat, for example, their rep confirmed that my book in IngramSpark would automatically show for librarians in the Baker & Taylor library listings, even if I did not spend $85 to advertise my book in their Ingram/Baker & Taylor catalog. That was good to hear.

I uploaded my new book in the PDF form requested. The system appeared to save everything as I moved forward. I first posted all the book data and then uploaded the interior file. All was saved.

Link to the rest at The Book Designer

From Statista:

• Revenue in the eBooks segment amounts to US$13,669m in 2019.
• Revenue is expected to show an annual growth rate (CAGR 2019-2023) of 2.7%, resulting in a market volume of US$15,231m by 2023.
• User penetration is 12.9% in 2019 and is expected to hit 14.5% by 2023.
• The average revenue per user (ARPU) currently amounts to US$14.38.
• In global comparison, most revenue is generated in United States (US$5,487m in 2019).

Link to the rest at Statista

From Publishers Weekly:

If the decision to issue a preliminary injunction against Audible’s “Captions” program comes down to fair use, Audible may be in trouble.

Over the course of a 90-minute hearing on Wednesday, federal judge Valerie Caproni appeared thoroughly unmoved by Audible’s defense of its Captions program, and highly skeptical that Audible’s plan to scroll snippets of computer generated text alongside audiobooks in its app should be called anything other than what it is: reading.

Opening the day’s arguments, the plaintiff publishers’ attorney Dale Cendali told the court that Audible’s Captions program was “quintessential” copyright infringement, and was quickly engaged by Caproni, who questioned whether the “clunky” experience of Captions really competed with reading a book. Cendali, well prepared for the question, responded that Captions didn’t need to be “a substitute” for a book for it to be harmful. Captions “provides a reading experience,” Cendali stressed, “saying it is something other than that just doesn’t make sense.”

. . . .

Cendali hit all the major points in the publishers’ complaint, finding a mostly receptive audience in Caproni. Captions is not transformative, she argued, and it is commercial in nature. Despite its “public benefit” argument, Audible is in fact seizing what should be a negotiated right to gain a competitive advantage over its competitors, Cendali stressed. If allowed to go forward, Captions would harm the market for books, e-books, and immersion reading; weaken rightsholders’ ability to license works in other markets; “devalue and cheapen” those rights by offering the feature as a free add-on; and the poor quality of the Captions program would cause reputational harm to authors and publishers who might be associated with a shoddy program, their works wrested from their control without permission.

The last point seemed to especially hit its mark with Caproni as an example of the kind irreparable harm—distinct from the market harm also in play—required to win a preliminary injunction. “As much as there might be a moral rights issue [in U.S. copyright law] this is a moral rights issue,” Cendali argued. “The damage this does would be impossible to measure. Money damages cannot make up for this. It affects the entire industry. This is a sea change, what they are trying to do. That’s why you have all these publishers, authors, and the agents here together. That shows you how dramatic it is.”

. . . .

Captions is designed to work alongside an audiobook, not “divorced” from it, [Amazon’s attorney] argued, and it does not provide a reading experience.

“What do you mean it’s not a reading experience?” Caproni interjected. “It’s words.”

What followed was a strained back and forth about what constitutes reading a book, with Reisbaum suggesting that seeing words as you listen to them is, well, something else.

“The fact that you can see the words doesn’t make it a book,” Reisbaum insisted at one point, trying to convince the judge that Captions is an enhanced audio experience, not a book experience—users couldn’t flip forward or back at their own pace, for example, nor could the text be stored, or shared, or skimmed. The experience was designed to increase comprehension of the “words” that Audible customers have paid for. Caproni didn’t appear to be buying it. “They paid to have the words read to them,” she pointed out.

. . . .

Cendali reiterated that none of the publishers’ agreements granted Audible the right to generate and distribute text.

But that’s a conclusion not supported by evidence before the court, Reisbaum insisted. The parties have acknowledged that they have valid license agreements. Captions is a program to be used with that licensed content. Without seeing those agreements, and where Audible is alleged to have breached them, how does the court know that speech-to-text is not covered under those licenses?

But perhaps the most surprising moment came when Caproni realized that Captions had not launched, and that a launch was not imminent. Why was she being asked to grant a preliminary injunction?

. . . .

The publishers strongly protested. “We beg you to rule on the motion,” Cendali pleaded with the judge, saying that the uncertainty surrounding the Audible program was already impacting the publishers, harming their ability to do other deals. Caproni replied that it was only a preliminary injunction at stake, that there would still be uncertainty even if she granted it. Why not get right to trial and resolve the issue?

“They can’t just do a head fake,” Cendali said referring to Audible’s still unannounced launch date, adding that not ruling on the motion would give Audible “a get out of jail free card.”

“It’s not a get out of jail free card,” Caproni responded. “I don’t have any get out of jail free cards. What I have is a chance card,” she said, pointing out that the publishers could possibly lose the motion. Caproni reserved ruling for a later date.

Link to the rest at Publishers Weekly

From CNBC:

Do you prefer reading an e-book or a physical version? It might be a surprise, but for most people, old school print on paper still wins.

Publishers of books in all formats made almost $26 billion in revenue last year in the U.S., with print making up $22.6 billion and e-books taking $2.04 billion, according to the Association of American Publishers’ annual report 2019. Those figures include trade and educational books, as well as fiction.

While digital media has disrupted other industries such as news publishing and the music business, people still love to own physical books, according to Meryl Halls, managing director of the Booksellers’ Association in the U.K.

“I think the e-book bubble has burst somewhat, sales are flattening off, I think the physical object is very appealing. Publishers are producing incredibly gorgeous books, so the cover designs are often gorgeous, they’re beautiful objects,” she told CNBC.

People love to display what they’ve read, she added. “The book lover loves to have a record of what they’ve read, and it’s about signaling to the rest of the world. It’s about decorating your home, it’s about collecting, I guess, because people are completists aren’t they, they want to have that to indicate about themselves.”

. . . .

It’s more than a decade since Amazon launched the Kindle, and for Halls, there is also a hunger for information and a desire to escape the screen. “It’s partly the political landscape, people are looking for escape, but they are also looking for information. So, they are coming to print for a whole, quite a complex mess of reasons and I think … it’s harder to have an emotional relationship with what you’re reading if it’s on an e-reader.”

. . . .

Sixty-three percent of physical book sales in the U.K. are to people under the age of 44, while 52% of e-book sales are to those over 45, according to Nielsen.

It’s a similar picture in the U.S., where 75% of people aged 18 to 29 claimed to have read a physical book in 2017, higher than the average of 67%, according to Pew Research.

Link to the rest at CNBC

With data from the Association of American Publishers and the Booksellers Association in the UK, PG notes a distinct lack of information in the OP regarding how many ebooks Amazon sells in the US and UK. Unless he is much mistaken, the statistics quoted in the OP don’t include sales of ebooks by Amazon Publishing and indie ebooks via KDP.

When PG last checked, in addition to not collecting ebook sales information, Nielsen (now NPD) Bookscan figures didn’t include printed or POD books that weren’t registered with Ingram.

From The Digital Reader:

I was working on a blog post this morning on Scholastic ebooks being in OverDrive when I got to thinking about the current uproar over library ebooks.

It seems a lot of people in publishing are convinced that library ebooks are responsible for retail ebook sales being down. This belief has been around for over a year now (since Macmillian first established that trial embargo on library ebooks in July 2018), and it’s now grown to include a concatenating belief that Amazon is the one telling publishers about the supposed connection between library ebooks and retail ebook sales declining.

I still don’t beleive that Amazon is doing that; I think it is an example of gossip spread in the industry before showing up in the media. But I don’t want to debate that today; instead, I want to discuss the underlying premise.

. . . .

The idea that library ebooks (in and of themselves) have a negative impact on retail ebook sales simply makes no sense to this ebook buyer.

It simply doesn’t match up with my understanding of how people use libraries.

BTW, the last time I pointed out that a common industry belief made no sense was in late 2017 when I debunked the then-current belief that “screen fatigue” was responsible for declining ebook sales. I never got any public kudos for my work, but when was the last time you heard a publishing CEO blame their falling retail ebook sales on screen fatigue?

No one is mentioning screen fatigue any more; now the bogeyman is library ebooks, and it makes just as little sense as the last bogeyman.

The underlying premise for this belief is that because people can get a library ebook, they won’t buy the retail ebook.  This demonstrates a fundamental misunderstanding of consumer behavior.

. . . .

This runs contrary to the legacy industry assumption that if they deny the consumer the library ebook then the consumer will buy a copy of the ebook.

Take me, for example. I only buy ebooks, but when I think the ebook costs to much (or when I can’t tell if it’s worth the expense) I will borrow the print book from the library.

. . . .

What the legacy industry appears to have forgotten is that for the past eight years they have been training library patrons to settle for print books even when we want the ebook. This has been going on ever since the Big Six started imposing checkout restrictions and high prices on library ebooks in 2011.

Link to the rest at The Digital Reader

One of the beliefs that underlies the whole “Let’s delay the library book so everyone will buy their own copy” philosophy is that the release of a “big” book by a major publisher is something that lots of Americans will respond to by quickly purchasing their own copy so they can talk to their friends about it.

PG thinks such consumer behavior has become quite rare other than in locales within 15 miles of The Empire State Building or The White House. A major book release flies so far beneath 99% of the American population as to be invisible. There was a time when a lot of people paid attention to what Big Publishing was doing, but that time is gone, gone, gone.

PG is about 100% ebook when it comes to his long-form reading. As he’s mentioned before, he’s purchased a couple of print books that he knows he will like because he found a screaming deal on the price somewhere. They have sat (laid? lain?) within easy reach of PG favorite reading locations for months and months and months.

PG reads long-form nonfiction and fiction for pleasure every day. It’s all in ebook format.

He is currently reading The Ground We Stand On by John Dos Passos, published in 1941, and very hard to find for a reasonable price. PG thinks it qualifies as heavy-duty history, discussing and contrasting the parallel developments of New and Old England during the mid-17th century.

Parts of the book follow Roger Williams, the founder of Providence Plantations, which became the Colony of Rhode Island, and a Puritan minister. Williams was likely the first white man to learn the languages of the Native American tribes along the Eastern seacoast. He wrote the first book on the Narragansett language and helped to settle the Pequot War (1637-38) which could have caused enormous harm among the earliest British settlers.

The book follows Williams back and forth during his travels from the New World to the Old. Old England is in the midst of The Civil War and the Puritans were in control. While in England, Williams published his first book, A Key into the Language of America, in 1643. This book was, in part, the first printed dictionary/phrase-book of the language of the Native American tribes as well as an account of the life and culture of those tribes.

In his book, Williams wrote:

Boast not proud English, of thy birth & blood;
Thy brother Indian is by birth as Good.
Of one blood God made Him, and Thee and All,
As wise, as fair, as strong, as personal.

Williams succeeded in obtaining a charter from Parliament for Providence Plantations in July 1644. He then wrote a book titled,
The Bloudy Tenent of Persecution for Cause of Conscience in which, among other things, Williams argued for a “wall of separation” between church and state and for state toleration of various Christian denominations, including Catholicism, and also “paganish, Jewish, Turkish or anti-Christian consciences and worships.” Williams’ writing was not popular with the Puritan-controlled government and Parliament ordered the public hangman to burn all copies.

PG has rambled too much about his latest reading enthusiasm, but, to the best of his knowledge, a copy of Dos Passos’ book in physical form is unavailable anywhere in PG’s general vicinity. However, he was happy to find a copy in ebook form online (not at Amazon) for a reasonable price and is learning a great many things about this period of American and British history of which he was previously unaware.

PG has mentioned this brilliant strategy from Macmillan here and here, but under the principle that you can’t celebrate Big Publishing stupidity enough, here’s more.

From Slate:

If I wanted to borrow A Better Man by Louise Penny—the country’s current No. 1 fiction bestseller—from my local library in my preferred format, e-book, I’d be looking at about a 10-week waitlist. And soon, if the book’s publisher, a division of Macmillan, has its way, that already-lengthy wait time could get significantly longer.

In July, Macmillan announced that come November, the company will only allow libraries to purchase a single copy of its new titles for the first eight weeks of their release—and that’s one copy whether it’s the New York Public Library or a small-town operation that’s barely moved on from its card catalog. This has sparked an appropriately quiet revolt. Librarians and their allies quickly denounced the decision when it came down, and now the American Library Association is escalating the protest by enlisting the public to stand with libraries by signing an online petition with a populist call against such restrictive practices. (The association announced the petition Wednesday at Digital Book World, an industry conference in Nashville, Tennessee.) What’s unclear is whether the association can get the public to understand a byzantine-seeming dispute over electronic files and the right to download them.

In a July memo addressed to Macmillan authors, illustrators, and agents, the company’s CEO John Sargent cited the “growing fears that library lending was cannibalizing sales” as a reason for embargoing libraries from purchasing more than one copy of new books during their first eight weeks on sale. “It seems that given a choice between a purchase of an ebook for $12.99 or a frictionless lend for free, the American ebook reader is starting to lean heavily toward free,” he claimed.

Many individual library systems and companies that work with libraries swiftly responded with objections. “Public libraries are engaged in one of the most valuable series of community services for all ages, for all audiences,” said Steve Potash, the CEO and founder of OverDrive, a company that supplies libraries with e-books. “The public library is just something that is underappreciated. It certainly is so by Macmillan.”

. . . .

“If you think about equitable access to information for everybody, there shouldn’t be discrimination or anything like that,” said Alan Inouye, the senior director for public policy and government relations at the ALA. “So consumers can get this book on Day 1 without limitation, but libraries have to wait for eight weeks? That’s just very wrong.”

. . . .

The controversy over Macmillan’s new policy gets at one of the central issues facing book publishing today. “There’s a tension in e-book pricing generally between consumer expectations that a digital file will be less expensive than a physical copy and the reality that very little of the cost of making a book is tied up in the physical format,” said Devin McGinley, a senior industry analyst covering book publishing for Ibisworld Inc., a market research firm. “Publishers are rightly concerned that if the price of books erodes too much, they will no longer be able to cover their creative costs and subsidize more speculative bets on emerging authors.”

. . . .

“They really did not have any reasonable data to support a narrative that if an author’s new book is withheld from public library lending when it first comes out, that might impact the author’s or the book’s sales during those first few months,” Potash said. “That isn’t borne out. The data that OverDrive has is that for every title that actually gets borrowed or downloaded, the library is engaging with dozens and dozens of readers who are discovering the book, sampling the book, or just looking for a recommendation on what to read next.” Potash said that studies consistently show library patrons to be more frequent book buyers overall—which is another reason Macmillan’s letter stung. “They are taking their readers, their customers, their fans, and intentionally trying to frustrate them,” he said.

Link to the rest at Slate

PG will state that whenever a business executive talks about making a decision to avoid “cannibalizing sales,” you will find many other stupid words and acts following shortly thereafter.

Steve Job famously said, “If you don’t cannibalize yourself, someone else will.” He made this comment when Apple was selling a lot of iPods, and had just announced the iPhone.

Did the iPhone cannibalize Apple’s iPod business? You bet. Were any Apple shareholders upset by this cannibalization? Not really. The iPhone would make Apple the most valuable company in the world.

The first iPhone was announced in January, 2007, and went on sale in June, 2007. One year after the announcement of the first iPhone and six months after its launch, in January, 2008, the value of a share of Apple stock had almost doubled. About six months later, in July, 2008, when Apple launched the iPhone 3G (the first iPhone with an app store), the stock value was 285% of the price only 18 months earlier.

Not many people were worried about iPod sales at that point.

From an interview with James Allworth, the co-author, with Clay Christensen and David Skok, of a new Nieman Reports article called “Breaking News– Mastering the Art of Disruptive Innovation in Journalism.” The Harvard Business Review published a transcript:

Well, if you can see a way of cannibalizing your existing business, then chances are somebody else can see that same opportunity too. And if it’s a choice between you or your competitor cannibalizing that business, I think in almost every instance you will be better off in the long run if you yourself choose to do it.

Link to the rest at The Harvard Business Review

Back to Macmillan, once a book is completed, PG will note that each copy of an ebook that Macmillan licenses to a user costs the company essentially nothing. This cannot, of course, be said about a printed book, each one of which carries costs for printing, shipping, warehousing, handling returns of unsold books from bookstores, etc.

PG suggests that an intelligent executive would be happy to cannibalize the sales of more copies of costly printed books by selling costless ebooks.

From Copyright and Technology:

Pearson, the world’s largest educational publisher, announced on Tuesday that it is transitioning to a digital-first model for textbook publishing, moving away from the print-edition-based model that has been the foundation of higher education publishing for centuries. In its press release, the company announced that it will move almost all of its 1500 U.S. textbook titles to continuously-updated digital-first content and will only make print textbooks available on a rental basis.

This is a major turning point in higher ed publishing. Pearson’s move contrasts with that of its rival Cengage, which launched a subscription model called Cengage Unlimited last year. Whereas Cengage is offering access to all e-textbooks from its catalog to students at a rate of $120 per semester or $180 per year, Pearson is renting them individually for an average price of $40. Both Pearson and Cengage will make print textbooks available as rentals only. The e-textbook rental model has been around for several years through providers such as eFollett and VitalSource (formerly CourseSmart, a joint venture of Pearson and other higher ed publishers).

. . . .

Yet the switch to digital-first has a whole host of implications beyond student access or pricing models that indicate how big a deal this is. Higher ed publishers have been talking about going digital-first for many years, and there are several reasons why none of them — at least none of the major publishers — have done it until now.

First are all the implications of moving from one edition at a time to a program of continuous updates for digital textbooks. This requires major changes to editorial processes and technologies, and it requires that textbook authors — typically full-time faculty members at universities — commit to continuous updates to their material rather than committing only to one edition of a book at a time. Pearson has been putting in place the editorial infrastructure and processes required to do this for several years now and has been leading the way in setting standards for online educational content such as EDUPUB.

Then there are all the rights clearance challenges. Textbook publishers typically license thousands of items of content for use in each of their textbooks — illustrations, photographs, quotations, tables, etc. — and do so for discrete editions of those textbooks. In many cases, those rights have to be re-cleared for continuously-updated digital textbooks.

. . . .

The impetus for Pearson’s announcement is very simple: higher ed publishing is (finally?) in enough pain to make these disruptive transitions necessary. Publishers have been competing with a combination of used textbooks, third-party textbook rental services such as Chegg, and course instructors using online materials that are free and potentially more up-to-date than material that had to be committed to print-oriented textbooks months or years in advance.

Publishers’ strategy in coping with these forces over the past several years has been to keep raising textbook prices. But as prices go further and further into the stratosphere and backlash increases, that strategy has become self-defeating; Pearson’s revenues are expected to fall up to 5% in the U.S. this year.

. . . .

The other important implication of digital-first is that it can enable publishers to build their own distribution channels to students, bypassing college bookstores as well as third party distributors like Chegg and MBS Direct. The first evidence of this happening for e-textbooks was in 2014, when the four major publishers involved in the CourseSmart joint venture sold it off to VitalSource, a unit of the publishing services giant Ingram Content Group. The deal involved moving CourseSmart e-textbooks to VitalSource’s platform, and the publishers decided not to make all of their titles available on a platform they didn’t own. More recently, Pearson and McGraw-Hill have been working towards distribution channel control for print textbooks through something called consignment rentals. And certainly Cengage Unlimited is a further move towards distribution channel control by publishers.

It seems likely that Pearson will insist that students engage with its own service to obtain their course materials as part of its digital-first strategy.

Link to the rest at Copyright and Technology

PG says this is entirely about money – killing the used textbook market once and for all plus taking all the markup generated by sales of new and used titles from college bookstore and redirecting that money to the publisher.

PG hopes college and university departments are motivated to create their own course materials and distribute those to their students at a reasonable price. This could benefit individual professors with an additional income stream and help the students avoid piling on more and more student loans to acquire textbooks they won’t be able to keep or sell after the class ends at exorbitant prices.

From Wired:

Your iTunes movies, your Kindle books—they’re not really yours. You don’t own them. You’ve just bought a license that allows you to access them, one that can be revoked at any time. And while a handful of incidents have brought that reality into sharp relief over the years, none has quite the punch of Microsoft disappearing every single ebook from every one of its customers.

Microsoft made the announcement in April that it would shutter the Microsoft Store’s books section for good. The company had made its foray into ebooks in 2017, as part of a Windows 10 Creators Update that sought to round out the software available to its Surface line. Relegated to Microsoft’s Edge browser, the digital bookstore never took off. As of April 2, it halted all ebook sales. And starting as soon as this week, it’s going to remove all purchased books from the libraries of those who bought them.

Other companies have pulled a similar trick in smaller doses. Amazon, overcome by a fit of irony in 2009, memorably vanished copies of George Orwell’s 1984 from Kindles. The year before that, Walmart shut down its own ill-fated MP3 store, at first suggesting customers burn their purchases onto CDs to salvage them before offering a download solution. But this is not a tactical strike. There is no backup plan. This is The Langoliers. And because of digital rights management—the mechanism by which platforms retain control over the digital goods they sell—you have no recourse. Microsoft will refund customers in full for what they paid, plus an extra $25 if they made annotations or markups. But that provides only the coldest comfort.

“On the one hand, at least people aren’t out the money that they paid for these books. But consumers exchange money for goods because they preferred the goods to the money. That’s what happens when you buy something,” says Aaron Perzanowski, professor at the Case Western University School of Law and coauthor of The End of Ownership: Personal Property in the Digital Economy. “I don’t think it’s sufficient to cover the harm that’s been done to consumers.”

. . . .

Presumably not many people purchased ebooks from Microsoft; that’s why it’s pulling the plug in the first place. But anyone who did now potentially has to go find those same books again on a new platform, buy them again, and maybe even find a new device to read them on. For certain types of readers, particularly lawyers and academics, markups and annotations can be worth far more than $25. And even if none of that were the case, the move rankles on principle alone.

“Once we complete a transaction you can’t just reach into my pocket and take it back, even if you do give me money,” says John Sullivan, executive director of the nonprofit Free Software Foundation. “It’s not respecting the freedom of the individual.”

. . . .

More than anything, Microsoft’s ebook rapture underscores the hidden dangers of the DRM system that underpins most digital purchases. Originally intended as an antipiracy measure, DRM now functions mostly as a way to lock customers into a given ecosystem, rather than reading or viewing or listening to their purchases wherever they want.

. . . .

“This is why we call DRM media and devices defective by design, or broken from the beginning. There’s self-destruction built into the whole concept,” Sullivan says. “This is still the prevalent way of distributing media. That companies still pull the plug is still surprising and frustrating.”

Link to the rest at Wired

PG gently suggests that any lawyer who annotates a copy-protected ebook which resides online is not terribly wise.

PG probably has a moral (but not legal) obligation to remind one and all that, in the click-to-accept license agreement they entered into when they bought their MS ebooks, purchasers almost certainly agreed to not circumvent any copy protection software locking those ebooks up.

He will also remind the same group that, regardless of whether the license specifically prohibited circumvention, hacking copy protection is still illegal under the Digital Millenium Copyright Act, specifically 17 U.S.C. 1201. Violating this prohibition carries both civil and criminal penalties.

That said, PG suspects Microsoft will turn a blind eye to any evidence those who licensed ebooks from them have hacked the copy protection in order to make copies of the text.

However, publishers of the ebooks may not react in the same way.

PG hasn’t checked into the nature of Microsoft’s ebook copy protection or the copy protection used by publishers of ebooks sold by it, but, at least some copy protection software (I’m looking at you, Adobe) has, at least in past days, collected information about ebooks residing on computers, tablets, ereaders, etc., and sent it back to the mother ship. In 2014, this included ebooks using Adobe’s copy protection software and other ebooks that did not use Adobe software. See this post and related posts on The Digital Reader for the gory details.

PC suggests that those who have purchased ebooks from Microsoft decide whether they care about losing any of them. If the answer is yes, these readers can use some or all of the money they receive from MS to buy replacement copies somewhere more reliable.

If any visitors have made more than cursory annotations to any Microsoft ebooks, PG suggests the safest route from a DMCA violation standpoint would be to contact the publishers of those ebooks and ask for their help in salvaging the text and annotations. (Go ahead and contact the authors, too. They may have more reputational capital at stake than the publishers do.)

PG thinks Microsoft deserves a lot of heat for orphaning ebooks it sold without a way for purchasers to preserve access to them. For example, did MS think to contact Amazon to see if it could provide MS book-buyers with copies of the same titles from Amazon? If not, why not?

Why not throw some brains into a solution that won’t alienate Microsoft customers instead of refunding the money the customers spent plus $25? If the customers wanted money instead of books, they probably wouldn’t have purchased any books from MS in the first place.

For PG, nothing else has so effectively communicated the message, “We’re Microsoft and you’re not,” for a long time.

For the record, PG has not ever purchased any ebooks from Microsoft and is unlikely to do so in any future life.

If anyone does attempt to salvage MS ebooks, PG would be interested in any details of their experience they might care to share. If they don’t want to leave a comment, they can email PG via the Contact link on TPV.

If PG were advising any of the publishers (particularly publishers of books for readers in various learned professions), PG would suggest that the publishers do everything possible to collect contact information regarding any of their ebook purchasers impacted by Microsoft’s decision and take affirmative steps to communicate with those readers and offer to provide replacement ebooks in one of the other ebook formats in common use.