The Business of America is Spats
As of this morning, Amazon and Macmillan are locked in a dispute over ebook pricing. For its part, Amazon pulled many Macmillan books from their website – after a fashion, which we’ll get to. You can read comment threads at Making Light, blog posts by Cory Doctorow and John Scalzi, and the Twitterstorm (using the revived #amazonfail hashtag). The above sources have various degrees of favor for Macmillan and against Amazon. The Twitter feed particularly treats the dispute as a moral issue, including rehearsals of past Amazon asshattery, of which there’s been no shortage. Note that I have freelanced for Tor.com, which, plus my friendship with the Nielsen-Haydens, makes me mildly Macmillan-connected. Also, I’m an Amazon affiliate and Kindle owner. Long, long ago, I managed stores for Waldenbooks.
Of the links above, I think Doctorow makes the most sense. Some reactions of my own follow:
1. There’s a lot we ordinary readers don’t know about the sequence of events here. The NYT’s Bits blog says Macmillan “asked” to increase the price of some of their Kindle books to as much as $15. Other sites say Macmillan “demanded.” Apple’s courting of Macmillan for their planned iPad bookstore plays in somehow. (Apple is luring publishers partly with the promise of higher price points.) For the cheap seats out here in reader and business-observer land, sorta-yanking Macmillan’s books seems pretty extreme for an “ask,” less so for a threat.
2. People are rightly passionate about books, which can obscure the fact that this is fundamentally standard corporate hardball, likely to be revised one way or another fairly quickly. That’s not guaranteed – corporate honchos are people mammals eukaryotes too. Their emotions can get the better of them and get into a downward spiral of pride and vindictiveness. But the truth is that from time to time producers and distributors get into arguments that lead to the producer temporarily withholding or the distributor temporarily deleting a set of products.
3. Amazon hasn’t stopped direct sales of all Macmillan titles. (You can get Pirate Freedom as of Saturday morning.) In particular, they haven’t taken down third-party sources of Macmillan titles, which they could surely do. This is a slap in the face, not a murder attempt.
4. It’s also a negative-sum game. In the short term, Macmillan and Amazon are both losing sales because of the move. Both have an incentive to settle.
5. I have never been able to buy Gene Wolfe books on Kindle, despite wanting to. I’d love to have the Book of the New Sun in ebook form. In truth, I can’t have it for Kindle, or the Nook, nor, so far as I know, any current ebook reader. I reasonably infer that this is Macmillan’s decision, not Amazon’s, because I find very few if any Tor books available on Kindle. We know that Macmillan wants to be able to charge prices greater than $9.99 for at least some books. Teresa Nielsen Hayden offers the justification in comments at boingboing:
while a fixed $10 price point would undoubtedly be good for Amazon’s ebook business, it would take a shark-sized bite out of the market for hot new bestsellers, which is trade book publishing’s single most profitable area.
That revenue source is what keeps a lot of publishing companies afloat. It provides the liquidity that enables them to buy and publish smaller and less commercially secure titles: odd books, books by unknown writers, books with limited but enthusiastic audiences, et cetera.
My honest estimate is that the result would be fewer and less diverse titles overall, published less well than they are now.
What’s the point of having the option of a higher price point? IMO, it means you can charge more for hot new bestsellers, and pick up some of that bestseller revenue. Afterward, you can lower the price again.
Prices of new bestsellers we’ll get to. What interests me here is, Gene Wolfe’s backlist does not count as “hot new bestsellers.” Nor does the two-year-old Pirate Freedom, whose Nook version costs $13.60. They’re selling The Wizard on Nook for two bucks more than the paperback. They don’t sell The Knight, the preceding book in the diptych, at all.
On the one hand, I’m tempted to conclude that Macmillan’s business people are “withholding” their backlist from the Kindle store – and an eager public in the form of me! – to pressure Amazon into giving way on pricing generally. On the other hand, the Nook catalog inclines me to believe that Macmillan’s business side has no clue what to do with the ebook market period.
In the former case, then Macmillan partisans complaining about Amazon’s current conduct are in a bit of a “so’s your old man” situation. In the latter, Amazon may believe it’s time for some tough love.
6. Confusingly, Amazon does allow higher price points on some new books. If you want the Kindle edition of the next Dresden Files book, Changes, it will cost you $13.47, a massive dollar-fifty discount over Amazon’s price for the hardcover. This was true of Turn Coat, the previous book in the series – its initial Kindle price was in the thirteen-dollar range. It’s now down to $9.99. Where the series has gone to mass-market paperback, the Kindle edition is $6.39.
7. If I’m Macmillan and other publishers have the option of charging a higher frontlist price but I don’t, I’m ticked.
8. Doctorow’s argument about the incremental cost of ebooks is not flawless – once ebooks start to cannibalize frontlist sales you need to burden them with some of the editorial, design and marketing costs in your business plan. But, there’s obviously no printing and shipping costs on an ebook. [Update: Nor are there returns.] As a wise university-press sales rep and former operations chief once told me, “What people don’t understand about publishing is that it’s a manufacturing business.” That was true then! It’s in the process of becoming untrue. And it’s an awful lot of expense that can’t be reasonably loaded onto your ebook model.
9. As a reader, $9.99 is in fact my ceiling. I find the Dresden Files “nice, nice, not thrilling but nice,” so I did not buy Turn Coat when it came out. Contrariwise, when Mike Carey’s Dead Men’s Boots came out and was $9.99 off the bat, I jumped on it. It matters that I like the Felix Castor series better than Dresden Files, but I wouldn’t have bought the ebook at $13+.
10. I am concerned about DRM issues when it comes to ebooks, and I don’t like Amazon’s current DRM policies. It’s not trumps for me because, while I love “books,” I no longer want to be surrounded by them as things. I’ve spent several months now giving physical books away in an attempt to regain some space in the house.
11. Nobody who wants to make a moral issue of Amazon’s DRM policies could possibly countenance publishers playing footsie with the increasingly proprietary Apple. At the same time, Jonathan Badger makes the crucial point in Doctorow’s comment thread:
. . . the sort of books *I* want to read (generally nonfiction and literary fiction) are DRMed in all ebook formats (Microsoft Reader, Adobe Reader, Sony Reader, Palm Reader, and Kindle) that are sold currently. I’m not interested in arguments that say “DRM is pointless” or “DRM is evil” unless there is a company that actually sells ebooks that I want without DRM. And yes, I *do* want ebooks for a variety of reasons.
12. At bottom we’re dealing with a transition from one medium, physical books, to another. It’s just not going to be pretty.

Comment by Mike Kozlowski —
January 30, 2010 @ 2:52 pm
Your blog needs one of those little Facebook “like” buttons.
Comment by Jim Henley —
January 30, 2010 @ 3:29 pm
Aw.
Comment by Teresa Nielsen Hayden —
January 30, 2010 @ 5:50 pm
Hi, Jim–
There’s a lot that ordinary Macmillan employees don’t know either, which doesn’t make us happy. Upper management appears to have been blindsided by this, but sheesh — that was 24 hours ago.
Later, we’ll explain to them that they need to keep in mind the speed at which stories can blow up these days, and make plans for how they’ll get the word out to us next time.
Regarding Gene Wolfe, Patrick says to tell you that the Kindlefaction process starts with the frontlist and works from there, guided mostly by noise and demand. If you’d dropped him a note asking about it any time the last year, he’d have passed on the request to the appropriate person, and Gene Wolfe’s books would have been moved higher on the list. I expect that means it’ll still work now, so send him a nudge.
Comment by Jim Henley —
January 30, 2010 @ 6:03 pm
Hi Terresa: Thanks for the info. Having worked for Walden during the Salman Rushdie fatwa, I can sympathize when it comes to corps not cluing employees in to what’s going on.
I think I did mention my desire for Gene Wolfe ebooks in passing to Patrick over the last year or so, but I don’t like to make a pest of myself about these things, so it may not have registered. Also, pre-Vyvance, I may have simply intended to do so but never got around to it. Who knows?
Do they pay any attention when someone clicks the “I want kindle” button on Amazon, I wonder?
Comment by Jon Hendry —
January 30, 2010 @ 10:29 pm
“Confusingly, Amazon does allow higher price points on some new books.”
Indeed there appears to be no inherent cap on book prices in general. If you go to the kindle book store web page, select nonfiction books, and sort by price high to low, the first item listed, “Selected Nuclear Materials And Engineering Systems, Part 4″, costs $6,431.20. For an ebook. (A $1,600 savings off the hardcover price).
As an aside, the kindle store is an abomination. You wouldn’t believe the amount of self-published crap, or public-domain stuff, on there that is priced around $200. I can only assume the people who submit such things are hoping for an effect like the ‘I Am Rich’ $999 iPhone app, where people buy it by accident.
And now Amazon is opening up their vanity press to the entire world.
Comment by Michael Croft —
January 31, 2010 @ 3:55 pm
I’m interested in seeing if Apple uses Adobe’s DRM for ePub, a new DRM of their own, or no DRM. I imagine that that will depend on what publishers will agree to.
In addition, I’m interested in seeing if they allow DRM-free ePub to be displayed on the iPad. One of the big wins of the iPod ecosystem is that you could rip your own music and put it on your iPod.
If you can display free content, but can only do so on a device that has app restrictions, does this meet your needs?
Comment by Jim Henley —
January 31, 2010 @ 4:58 pm
Michael, I don’t understand what you’re asking. Can you please rephrase?
Comment by Mike Kozlowski —
January 31, 2010 @ 8:26 pm
Michael Croft: Based on Jobs’ comments about Adobe (plus Apple’s documented desire to control things from top to bottom), I’d be shocked if they used Adobe’s DRM instead of their own. (Is it technically feasible to wrap ePubs with FairPlay instead of just AACs? Not sure.)
Comment by Jon Hendry —
January 31, 2010 @ 9:46 pm
Er, the iPad has apps. If their iBooks app only works with iTunes-bought DRM books, there can still be third-party applications that could display DRM-free ebooks, DRM-free PDF files, DRM-free ASCII ebooks, etc.