ABA asks DOJ to investigate Amazon

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Personally I have a love hate concept toward Amazon. They have done more for the small independent writers than anyone before. Yet their terms are pure greed for the percentage they take for posting stories for sale on their site. But a few table scraps are better than nothing when no other publisher will take the unknown author. Sadly, writers are some of the worst business people in the world so they take the dregs offered by Amazon.

I love all you authors and pray you achieve your dreams. Believe in yourself. If you don't it makes it a lot harder for others to believe in you.
always,
Barb

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Monday, July 13, 2015
Authors, ABA to DOJ: Investigate Amazon’s Abuse of Its Dominance in the Book Market

Today, in an unprecedented joint action, U.S. booksellers, authors, and literary agents called on the U.S. Department of Justice (DOJ) to investigate the business practices of Amazon.com. The action comes as similar efforts are underway in the European Union.

In a letter delivered to the Department of Justice on July 13, the group Authors United called for an investigation of Amazon’s “abuse of its dominance in the world of books.” The letter stresses that Amazon’s monopolization of the book industry has had a negative impact on free expression and the health of America’s book industry.

On the same day, the American Booksellers Association also wrote to the Department of Justice, urging the department to give “careful consideration” to the letter sent by Authors United. (To read both letters in full, click here.) The Authors Guild and the Association of Authors' Representatives have expressed their support of the action, and the Authors Guild is also sending a letter to the DOJ.

Over the past year, many of Amazon’s business tactics have called into question the power the online retailer wields over the book industry — and whether it constitutes a monopoly that demands government action.

In 2014, a dispute over e-book terms between Amazon and Hachette Book Group became public when Amazon appeared to delay shipping of popular Hachette titles and removed the preorder button for upcoming books in an effort to pressure the publisher into giving the retailer the terms it wanted.

Amazon is also well-known for selling books as loss leaders (below cost) in an effort to sell other, more high-priced items and to increase its market share in the book industry.

In the midst of Amazon’s publisher disputes, Franklin Foer, then the editor of the New Republic, wrote an article in which he argued that Amazon’s monopolistic actions needed to be addressed by a robust regulatory state. Soon after, economist Paul Krugman noted in his New York Times column that the online retailing giant is not so much a monopolist, but a “monopsonist, a dominant buyer with the power to push prices down.”

The Authors United letter notes: “Today a single company, Amazon, has gained unprecedented power over America’s market for books. We are not experts in antitrust law…. [b]ut we are authors with a deep, collective experience in this field, and we agree with the authorities in economics and law who have asserted that Amazon’s dominant position makes it a monopoly as a seller of books and a monopsony as a buyer of books.”

The authors point out that Amazon now controls the sale of more than 75 percent of online sales of physical books; more than 65 percent of e-book sales; more than 40 percent of sales of new books; and about 85 percent of e-book sales of self-published titles.

In ABA’s letter, CEO Oren Teicher and ABA President Betsy Burton write: “A central tenet of ABA’s mission is to ensure that a broad array of books is as widely available to American consumers as possible. The greater the number of books, the greater the number of voices and ideas; the greater the number of voices and ideas, the richer are the lives of our citizens and the stronger our society.”

Amazon’s business tactics, the ABA letter continues, threaten publishers’ ability to support new and lesser-known authors and publications, thereby hindering the diversity of speech. “We have already seen fewer titles published by the major publishing houses each year,” it notes. “And while it might be tempting to chalk this up to a changing economy, the truth is that these changes have been manipulated by one retailer, which uses scorched-earth tactics to extract concessions and kickbacks from publishers in exchange for offering their books for sale.”

Authors United and ABA both conclude their letters by calling for action from the DOJ. “We respectfully request that the Antitrust Division investigate Amazon’s power over the book market,” Authors United writes, “and the ways in which that corporation exercises its power, bearing in mind the very special constitutional sensitivities that have historically been applied to any business that has established effective control of a medium of communication.”

Comments

Why does Amazon sell 85% of

Why does Amazon sell 85% of all ebooks? Because ANYONE can upload an ebook for sale for FREE. So people that would never be published, or would have to pay to be published, can now upload their book, no matter how good or bad, and sell it on Amazon.

I would point to http://www.amazon.com/Martian-Andy-Weir/dp/0553418025/ref=sr... and it's sibling http://www.imdb.com/title/tt3659388/?ref_=nv_sr_1

Having been rebuffed by literary agents when trying to get prior books published, Weir decided to put the book online in serial format one chapter at a time for free at his website.[5] At the request of fans he made an Amazon Kindle version available through Amazon.com at 99 cents (the minimum he could set the price).[5] The Kindle edition rose to the top of Amazon's list of best-selling science-fiction titles, where it sold 35,000 copies in three months, more than had been previously downloaded free.[5][8] This garnered the attention of publishers: Podium Publishing, an audiobook publisher, signed for the audiobook rights in January 2013. Weir sold the print rights to Crown in March 2013 for over a hundred thousand dollars.[5]

Now, since he couldn't get his story published, he did it for free on Amazon, now it's a "major motion picture."

The ABA, Author's Guild and their friends just want to keep their private little club.

Problems though

Unfortunately, that's the exception not the rule. Even several years ago, Amazon's means of presenting books for sale left a LOT to be desired. Finding new releases, or new authors, amidst the thousands of other books... generally requires you to already know what you're looking for. Even keeping tabs on authors I have read in the past and would like to continue reading, such as with series in process, often requires manually looking up that author. Which is ridiculous when you consider that between having a list of my past purchases and my book ratings of many of those purchases... they still can't tell that I might be interested in the next book released by an author who I have bought 15 books from?

As someone who has released a book on Amazon, I can tell you that Weir's book sales worked because he brought a core readership to the table when he published it on Amazon. Getting a few thousand sales pushed his book into a different category of awareness with Amazon that made them present it as a 'best selling' or 'rapid growth' project that show up on everyone's recommendation lists (even when the book isn't anything like what you normally read). If, instead, you come to the table with a couple hundred sales... even if people love the book and you get generally positive reviews... there's nothing that puts your book in front of potential buyers. Even the people who are your target demographic.

Also, Amazon is not the only ebook seller. Smashwords is also an option. But a book developed for release at Smashwords will not sell at Amazon. Just as Kindle books will not sell via the iTunes/Apple site, or Barnes and Noble.

Exclusionary Tactics.

Piper's picture

Dont forget that Amazon penalizes you for publishing your books at other marketplaces. If your book is available anywhere else (B&N/Nook, iTunes, SmashWords, etc) then Amazon removes your ability to join certain programs and lowers your commission on sales. This is one of the biggest reasons we have Authors pulling titles from Fiction Mania and BigCloset.

-Piper


"She was like a butterfly, full of color and vibrancy when she chose to open her wings, yet hardly visible when she closed them."
— Geraldine Brooks


Yep

Yep, that's why I haven't put Glass on the Amazon Select. I'd have to pull it from here and have Sapphire take down the chapters that are up on her site before I could do so. It's also why I haven't posted any of the chapters for Tea (the sequel to Glass) here... because I haven't decided yet whether I want to try the Select program and see if it makes a difference in marketing. But I'd rather be able to put the same ebook up for sale at Amazon, Barnes and Noble, and Apple for release to anyone with any reader and not have to deal with their market share squabbling.

If they want to increase their share, the way to do it is to provide an easy to use, programmable, interface that lets people find the books they want quickly and easily and make accessing and reading them at will a complete non-issue. People should want to buy a book from B&N or Amazon or Apple because they like the service provided and because that service works on the hardware that they use (which they chose for reasons that should be based on the quality and reliability of the hardware, not because it is the only way to get service from a supplier of books). Having to have a Kindle or a tablet that runs the Kindle app because Amazon is the only service who happens to have a large % of the books by an author you want to read? That's not cool. But whether the DoJ will see it that way? I don't know.

Richard Bach...

Couldn't get his book "Jonathan Livingston Seagull" even looked at by a regular publisher. He went the "vanity press" route, got it published, and it became a best seller. It too got turned into a movie, the soundtrack album, done by Neil Diamond, won a Grammy. The book launched Richard Bach's career as a writer. As far as I know, all the others were published (at least their first run) by the same vanity press as JSL, just without Richard having to pay for the publishing.

This was long before Amazon, e-books, e-readers were even thought of (1973).

The mess coming down the pipe at Amazon IS because they have a very big club that they can swing in the market.

If you want to read erotica/adult books, they are rather hard to find on Amazon. KDP will take your money, you can post your book, and its like dropping it into a black hole.

The LIKE button has disappeared, dropping everyone's books who don't have daily or weekly reviews well down or off the search results list entirely, unless you happen to hit a partial title or author's name.

Tagging? That used to be there too. It, sadly, has gone the way of the Hollerith card as well.

I doubt that the request to the DOJ were just because the ABA wanted "a private little club". They want a level playing field from a market giant.

Walmart

Frank's picture

It reminds me of other retailers complaing about Walmart years ago. They didn't get anywhere. Lets not forget that Apple and a number of publishers were found guikty a couple of years ago for collusion to force ebook prices higher.

Hugs

Frank

i have split feelings on this

Teresa L.'s picture

1. yes from the information listed here, it does appear like unfair control, but

2. there are several other options out there, but none of them can compete, for whatever reason, Nook, Lulu, etc. why is that? is amazon strangling the publishers, go with us ONLY or not at all? they have no monopoly on the internet or ebooks, but they seem to be the BEST option for the small author. are their fees high? i dont know, as those who are still making money, when as said above, no one else would give them the time of day. remember while there are no book printing fees, there is maintenance of servers, bandwidth, processing fees for payment, etc and yes they ARE there to make money also. could their fees be less? probably, most companies could probably shave off some profit, but they are in BUSINESS TO MAKE MONEY, right?

any comments are just expected to be polite as always.

Teresa L

Teresa L.

I find it interesting that

I find it interesting that the numbers listed are without reference to the book market as a whole.
Yes, amazon has the biggest slice of the online sales, but how do online sales compare to booksales overall? Without that reference, the numbers listed are meaningless.

If I had to bet, I would put my money on those authors' publishers being behind those accusations, Amazon's main sin being the opportunities they provide for new authors, bypassing established publishers.

I'm not going to post much,

I'm not going to post much, but I'll point out some things.

1) Amazon _is_ abusing their vendors. That includes the writers, as well as the publishers. They're doing it to make money - that's their true business, after all.
2) They are what amounts to a monopoly in the online/ebook market. If they supported open standards, it wouldn't be as much of an issue.
3) I don't know the numbers, but I suspect that the reason that the various bookstores have been going out of business is the move to 'send it to my house so it's cheaper and I can be lazy' ordering.
4) They started out as a good thing. The problem is, much like many unions (to use an easy example), their original benefit has been lost, and they haven't changed.

Crown Books - gone.
B. Daltons - gone
Waldenbooks - gone
Borders - gone

Any other large bookstores out there other than Barnes & Nobles? I can't think of any in the US. There's WH Smith's in the UK, and Chapters.Indigo in Canada. (Even there, the market has significantly dwindled)

So, yes. Investigate Amazon. Also investigate the publishers for abusing the small booksellers by giving the big ones the latest books first. Heck, investigate all of them for insisting that an E-Book with no printing/shipping costs should run the same price as a hardback book in the store.

Aside:

Personally, I'd love to see a kiosk sales option for ebooks. Take your ebook reader in, slot it into the kiosk, order a book, have it immediately put on the reader, undock, and go. It's not likely to happen.


I'll get a life when it's proven and substantiated to be better than what I'm currently experiencing.

Mismanagement and Books a Million

Piper's picture

Books A Million took over many Borders locations, and as far as I know Borders went out of business purely due to miss-management.

-Piper


"She was like a butterfly, full of color and vibrancy when she chose to open her wings, yet hardly visible when she closed them."
— Geraldine Brooks


You should take a closer look

You should take a closer look at those closed bookstores.

Crown Books was torn apart by a divorce and family fight.

Borders/Waldenbooks was owned by the well run KMart company, and we see how they've done.

B. Dalton was owned by Barnes & Nobles and closed by them.

Current brick & mortar bookstore chains in the US.

Barnes & Noble
Book Off USA
Books-A-Million
Deseret Book, also operates Seagull Book
Family Christian Stores
Follett's
Half Price Books
Hastings Entertainment
Hudson News, chiefly located at airports and train stations
Joseph-Beth Booksellers, also operates Davis-Kidd Booksellers in Nashville and Memphis
Powell's Books, which includes the world's largest independent new and used bookstore
Schuler Books & Music
LifeWay Christian Resources

several of those are specialty stores.

Amazon has only the power I grant them.

Patricia Marie Allen's picture

Mind you, I'll grant that Amazon is a marketing giant and as such has a great influence on the market. However, they don't have total control. I write in another genre which I choose to keep separate from my TG work because they are incomparable. I only publish the other genre on Amazon, because they won't allow me to have two separate accounts which is necessary to keep the audience from twigging to the fact that both my TG pen name and my other pen name are one and the same person and there by outing myself where I don't want to be outed.

Also, I don't do "Prime" because it's there that Amazon puts the screws to the author. Sure, you get a higher payout, but you are also limited by what you can do with your work. Note how many author here at BCTS have pulled work because they've published on Amazon.

I publish both my TG work and my other on Smashwords. Smahwords recognizes that authors may write in different genres and wish to keep the audiences from knowing that they do. What's more they could care less if you publish elsewhere or even give it away free, as in posting it here on BCTS. Another advantage is that where Amazon eBooks can only be read on Kindle devices, Smashwords publishes in many formats so that all eReaders (Kindle included) can read their work. What's more they put your eBooks out to a world wide marketplace. The only thing they don't do, that Amazon does (only in Prime) is to promote your book. That's up to you. They to have several free books that outline just how you go about that.

The only reason I publish my other genre on Amazon, is because there are Kindle snobs who wouldn't stoop to buying from anyone but Amazon, and some others who are ignorant of the fact that there are other places to get Kindle compatible eBooks and the only way I can reach them is to publish on Amazon. I get about 10% of my sales from Amazon. The rest comes from the various sellers associated with Smashwords.

So if you really want to do something about it, there are alternatives.

Hugs
Patricia

Happiness is being all dressed up and HAVING some place to go.
Semper in femineo gerunt