The Latest on the DOJ eBook Anti-Trust Suit

Today, the Department of Justice filed a response to the public comments on its settlement with three of the publishers in the case U.S. v Apple Inc., et al (also known as the price collusion case). They also established a webpage that has the response and all eight hundred and sixty comments submitted during the public comment period. I spent a little time today reading some of those comments (ok, skimming the legalese ones since they put handy summaries in the headings and at the end) and checking out the highlights of the government response. It’s a lot to take in, perhaps too much, and it paints radically different pictures of the eBook market future.

If you believe Apple, Barnes & Noble, and the Authors Guild, the lack of agency pricing would give Amazon an absolute and undisputed monopoly over the eBook market. This would be bad for consumers since Amazon has a low anti-competitive pricing structure and would be the source of eBooks for the market (attached to a proprietary platform but I didn’t see anyone make this particular point). It also imperils brick-and-mortar booksellers who could not compete with the loss-leader practices of Amazon, thus forcing them out of business and making the book playing field even smaller. Sure, the consumer would pay less now for eBooks, but there is less competitors to choose from.

(I thought it was strange, but I didn’t see anyone threaten to not sell their books through Amazon. If you really think it’s that unfair or unreasonable, find other ways to sell your books. I know this sounds a bit naïve, but these publishers have to be addicted to the ease at which Amazon moves their product and the money it generates despite all of these horrible conditions they proclaim.)

If you believe the government, Consumer Federation of America, Stephen Windwalker of the Kindle Nation Daily, and David Gaughran and the gaggle of writers who cosigned his letter, the agency pricing arrangement does immediate harm to the consumer by raising prices on eBooks. While it fends off the Amazon monopoly by preventing them from lowering prices as a loss leader for the rest of their business, this is not in the best interest of the consumer, but the retailers and publishers. It defies some of the basic concepts of a free market (that the market will determine the value of a product, for one) and hinders innovation by keeping old business practices and models on life support through artificial pricing schemes. The competition to construct and sell a better widget does not happen when the current widget is propped up as the ‘best standard’ for the field. In a sense, the consumers are harmed twice: first by the price raise, second by the lack of motivation to innovate.

This whole mess goes before a federal judge who is free to accept or reject this settlement; even then, there is the trial to follow for the non-settling parties. I’m going to be cheering for The Man on this one; while the eBook market may be nascent, it’s not right to stifle its direction or growth in order to preserve a status quo that trades normal market inequalities for artificial ones. It’s going to be a long bumpy road on this one, though by the time it ends, the findings might be moot in the face a completely different market landscape. This case is one to follow, but it’s in the long run.

The Amazon Lending Library is NOT the Library Apocalypse

The big news today is this:

Amazon announces a Kindle Owner’s Lending Library

At first glance, it seems like a pretty mind blowing announcement. But when you read between the lines, it doesn’t look quite so epic. Consider this reality based revision of the line above:

Amazon announces that Amazon Prime members ($79/year) who own Kindles ($79 & upwards, depending on which version you have and when you bought it) are entitled to borrow up to one book per calendar month from a predetermined selection of 5,000 titles (out of the estimated 600,000+ titles on the website) of which over 100 (~2%) are current or former New York Times Bestsellers (and who knows where they appeared on the list)

A little perspective can change the whole thing.

The part that really cracked me up is the phrase “You can borrow a new book as frequently as once a month” in their help section. Since the only other number possible is zero times a month, I guess they have to try to sell what they have as best as they can.

I have to imagine that there are a couple things going on behind this. First, Amazon had to get the publishers on board with this idea. Based on their overall shift to agency pricing and desire to build their own eBook platforms, I am guessing that those negotiations were pretty intense. A retailer wanting to lend our book to their website members? That would explain why the list of available titles is relatively small compared to the overall Kindle catalog and the extremely low borrowing frequency. (I guess two books a month would be like giving away the whole store.) I also think it will be the publishers that will reign in any further expansion of this kind of lending program… that is unless Amazon creates a Netflix-esque model for books at a price they are willing to accept.

[insert horror movie music here]

Second, in trying to look at this development from Amazon’s point of view, they know how many books the average Kindle owner buys in a month. The number of times someone can borrow through their service is not a casual number they thought up; there is some statistics behind their choice. Once a month lending is also a good way to both reward Amazon Prime members as well as encourage reading (which has been shown to encourage book purchases). This kind of lending is the best ‘free store sample’ of the ereader age, trumping the Nook’s ‘read in the store for one hour per day’ deal. It’s a good perk at a relatively low price for the member while utilizing the infrastructure in place.

For the people who still want to pick up the “Libraries are Screwed” banner and run with it, take a moment to reflect on this situation. It’s a private sector company that is spending money on a service that the public has become reluctant to fund with their tax money. Amazon has created a subscription library at a cost that is comparative to the average per capita library spending (your mileage may vary based on your state) at a time when library spending and budgets are generally down. To me, it signals that the market for readers (people who read, not devices) is strong enough to sustain a decision like this; that, if the purpose is to sell more ebooks, this move will move to do that. I believe that this is something which is complimentary to one of our own core missions: literacy.

Amazon’s lending program is certainly worth watching, but is it the library apocalypse? No. Why? Because lending books isn’t the only thing the library does anymore. Even if the private sector moved in on the whole material lending business, libraries would still survive on the basis on access and instruction. The only thing that would die is the current state of the library. In my estimation, that’s not a bad thing at all.

Amazon, Overdrive, and Other Reasons to Be Pissed

Amazon and Overdrive are back in the online librarian conversation (again), this time lead off by a video rant by Sarah Houghton along with posts by David Lee King and the Annoyed Librarian. (There was a post by Bobbi Newman on the topic about a month ago when it first came out as well as my own take.) It’s being described by such terms like screwing, sucking, and other terms to make some conservative filtering software blush.

I still don’t understand the outrage completely. Databases for years have diverted users to outside sites where they would have to purchase the article. Where is the outrage for that practice? How is a book talk or a book club or even a story time not a basic endorsement for a particular book? Or an author talk where we invite authors in and allow them to sell their book on the premises? While I will concede the former does not have an overt endorsement to purchase, it’s still a viable option for the patron and something passively encouraged by the latter. In general, presenters are allowed to pass out advertisements or even sell their wares at programs, even some that we are paying for them to do. While we’d like to pretend it is a neutral arrangement, there is no denying that librarians engage in commercial endorsement even if they don’t mean it.

Why are some arrangements considered to be good and others are considered bad?

While that question simmers in the back of your mind, I think there is a better question to be asking about the Overdrive-Amazon arrangement. According to Sarah’s video, Amazon sends people an email reminder three days before a book is due to be returned and the due date. In order to send this notice, they would need to know what library material the person is borrowing (the Kindle book), that the person is a library patron at a library which has purchased material (authentication through Overdrive), and the due date of the library material in question. To me, this raises a significant question:

Could the information that Amazon possesses about a library patron who borrows books on their Kindle from the library through Overdrive meet the legal definition of a library record?

In New Jersey, Title 18A:73-43 defines and provides for the confidentiality of library records. (Your state may have different definitions and statutes regarding this topic. I’m not a lawyer so treat my interpretations as a layman.)

18A:73-43.1. "Library," "library record" defined 
    For the purposes of this act:
   a.   "Library" means a library maintained by any State or local governmental agency, school, college, or industrial, commercial or other special group, association or agency, whether public or private.
   b.   "Library record" means any document or record, however maintained, the primary purpose of which is to provide for control of the circulation or other public use of library materials.
   L. 1985, c. 172, s. 1, eff. May 31, 1985.

18A:73-43.2. Confidentiality; exceptions 
    Library records which contain the names or other personally identifying details regarding the users of libraries are confidential and shall not be disclosed except in the following circumstances:
   a.   The records are necessary for the proper operation of the library;
   b.   Disclosure is requested by the user; or
   c.   Disclosure is required pursuant to a subpoena issued by a court or court order.
   L. 1985, c. 172, s. 2, eff. May 31, 1985.

(Emphasis mine)

At first glance, I think there is a good argument that the information that Amazon has is in fact a library record and therefore subject to statutory confidentiality requirements (at least within the state of New Jersey). It is a record maintained for the control of circulation of library materials; in this case, the license of an eBook for use on the Kindle. While the counterargument is that invokes the first exception regarding disclosing a record as necessary for the proper operation of the library (that there needs to be authentication that a patron is a member of a library that has purchased eBook licenses for Kindle books from Overdrive), I would answer that the proper operation of a library does not include an overt offer to allow a patron to purchase library materials upon the approach and arrival of their due dates. That the very commercial nature of the solicitation (in the disguise of a library notice, no less) represents a misuse of library records and the personally identifying details contained within. I’m not sure of the extent that this would remedy to current practices, but I’d say it would knock off the “would you like to buy the book?” announcements in short order.

There is a better counterargument is that the eBook license does not allow for the establishment of the material in question to be library material in any form; basically, it is and never will be library material. I’m not familiar with the terms of the eBook licensing to guess at the strength of this argument, only to guess that it exists. If that is the case, then what are libraries buying anyway? This position only reinforces the impermanence of eBooks as part of the collection and further erodes the future collection and cultivation value of eBook materials. And as I have said before, if you really don’t like the deal, don’t buy it. (Kindle books through Overdrive, eBooks in general, or whatever it is that doesn’t look like a good deal.)

Personally, I think this is a question that should be subject to further examination by those law talking folks known as lawyers. Your next move shouldn’t be to call Overdrive or Amazon to express your outrage; it should be to your State Librarian or State Library to have your state Attorney Generals check into the possibility of library records being breached. While we can only warn people about the ramifications of their actions when it comes to privacy and let them make their own choices, we can maintain our end of the bargain when it comes to their library records.

I certainly hope someone looks into this.

Library Books on the Kindle, or How I Learned to Stop Worrying and Love the Amazon

This evening, I talked with Jason Perlow of ZDNet about libraries, Amazon, eBook lending, and the future of the eBook as a medium. (We hit a lot of different topics so I might be missing one.) Jason had written an article nearly a year ago concerning the revolution of eBooks creating a digital underclass; his position was that with push towards digital, eventually there would be a turnover to exclusively digital content. In making things only available that way, it would create a new variation of the digital divide between the technology haves and have-nots. I had written a reply to this article asking why the rise of one format would necessarily kill another and talked a bit about the current (at the time) relationship between libraries and eBook lenders. With the Kindle coming to Overdrive last week and the announcement of the new Amazon devices this week, Jason wanted to touch revisit those articles and talk about the future of eBooks as it relates to libraries and the rest of the world. While I will provide a link to that discussion once Jason makes it available, there are a few thoughts I wanted to talk about.

First and foremost, Amazon is not actually lending these books. They are simply making their device and file format available to Overdrive. This is still an arrangement between publishers, Overdrive, and libraries. So while Amazon is renting out ebook versions of textbooks, they are not lending out fiction or non-fiction books. Historically, Amazon isn’t a company that makes a business deal for something they plan on rolling out in the near future. If they were to start lending books, my feeling is that they would either buy Overdrive or create their own lending enterprise.

In either case, Amazon would need to make deals with publishers for permission to lend content. Given their track record on the pricing front as publishers shift to agency pricing models, this would be a pretty interesting negotiation. Also, publishers would need to be convinced that eBook lending would be a viable revenue stream; since they have taken to considering borrowing as a lost sale, this would be an additional hurdle.

I find the rumors about Amazon (or some other company) developing a Netflix-style eBook lending program to be equally intriguing. Was there a outcry when Netflix started up as librarians expressed concern about losing DVD circulations? I’m guessing there wasn’t. Even so, it’ll be a premium service limited to Amazon Kindle owners (leaving out the other 60% of the market).

Second, I believe that Amazon opened up the Kindle to Overdrive for one very good and business related reason: information. Amazon is notorious for not releasing any numerical information, whether it is the number of Kindle books sold or the number of Kindle devices on the market. They believe in the power of information and data collection and have wielded it well in developing their products and services. In running the lending portion of library eBooks through their website, they capture a data point that their competition doesn’t. While Sony, Apple, and Barnes & Noble don’t have a clue as to what people are reading or borrowing on their devices, Amazon gets to expand its consumer knowledge. What they will do with the information that they gather from library lenders, I don’t know; but I have a feeling that we’ll see something in the next year or two (even if it is just an improvement on their recommendation algorithms).

Now, when it comes to any patron personal information, that has the easiest resolution. As library records are protected by state laws, it would be a matter for the state’s attorney general to make certain that they are not receiving such information. Although, since patrons need to an Amazon account to borrow through the Kindle, the company already has a ton of information as it is. What are we afraid of, that Amazon will get their library card number? Since those individuals have already given their bank and/or credit card numbers to Amazon in order to purchase Kindle books, I think the library card number would be the least of their worries.

I have to admit that I don’t entirely get the “libraries got a raw deal” vibe that is wandering around the blogosphere. Yes, the Kindle is still locked in proprietary hardware as well as using DRM software on its content. This was true before and after Overdrive made the deal to gain access to their devices. What exactly changed to make this situation worse for libraries? While there are protests to the contrary, there is nothing compelling libraries to purchase Kindle eBooks from Overdrive (or any books, for that matter). I’ve said it before on eBooks and I’ll say it again: if you think it’s a bad deal, then don’t buy it.

For those bemoaning that they are doing it for their library users, either consider such rationale to be an absolution for a purchase that you consider to be (to be diplomatic) ill-advised or find better use for your time than trying to climb up on the indignation cross. There is nothing stopping you from working on better educating decision makers and supporters, finding alternate eBook solutions, or negotiating for better deals with Overdrive. This pouting like a child who didn’t get a particular flavor of chocolate ice cream is not going to change the status quo nor will it make the profession look worthy of engaging in negotiation as to the future of eBooks.

While it may not be the ideal, it cannot be denied that bringing Amazon (and its 40% of the eReader market share) on board with library lending doesn’t raise the profile of libraries with it. Rather than simply buying every book, Kindle users now have the option of borrowing it through their local library. It’s not perfect, but even in giving that capability it puts libraries back into the minds of people who might not otherwise be library users. For them, it’s another selling point; for us, it’s another visit to our website where we advertise our programs, services, and materials. It’s an exposure opportunity that didn’t previously exist.

I meant it when I wrote it with Sarah when it comes to the eBook Users Bill of Rights: I want books to be available on any platform in any format and without DRM. But I can’t and won’t take any shortcoming to that goal as a sign of surrender; it just means that I have to push a little bit harder for a little bit longer. The resolution of this goal will not measured within the duration of a cable news cycle, but in the subsequent generations and how they perceive information access. Amazon has opened their device to library eBook lending; let’s see what the next thing we as librarians can do to bring them around to our position.

Lending Books, Amazon Style

From the Telegraph:

Amazon is in talks with book publishers about launching a digital book rental service in a similar vein to the popular movie offering Netflix, according to reports.

My reaction, even after reading this slender piece a few times, can be summed up into one word:

Huh.

I’d love to be part of those meetings between Amazon and publishers. After the rows over agency pricing for eBooks (like the infamous Ken Follett one), I’m sure the publishing business is just overjoyed with the prospect of having their books lent out on a flat fee basis, even if it is limited to older titles. With the fall of physical bookstores, Amazon holds such tremendous power that this sounds like it will play out like The Godfather: they are going to make publishers an offer they can’t refuse. With 40% of the eReader device market, a tablet on the way, and a worldwide leader in eBook sales, what publisher wants to hold back their books from this lending service if another major publisher makes a deal?

Even the most cynical of publishers recognizes the power of profile on the (now electronic) book shelf: if you’re not on there, you are not visible to your readers. Yes, the big name authors will continue to thrive, but it is the midlist and emerging authors that will get stomped to pieces if they are excluded from the service. Given Amazon’s suggestion ability, a title missing potentially means a title not read, an author undiscovered, and a connection missed.  

What does this mean for libraries? Nothing, really, as I see it. The library tax or fee is still cheaper than the Amazon Prime subscription, even if it is not by much. Amazon has kept their Kindle off of the library scope save for the announcement of working with Overdrive. Suddenly, twenty six eBook checkouts aren’t such a bad thing when a patron could just get an older title as part of their Amazon Prime account.

Personally, I’m particularly curious as to how Overdrive would take this bit of news since there are hard-to-ignore parallels between what they do now and what Amazon proposes to do. As much as they have streamlined the downloading process for their titles, they can’t beat Amazon on infrastructure. Why would you fool around with the library’s website or the Overdrive app when the Kindle would have everything be a button away? Sure, it might not be new releases, but since libraries can only purchase so many licenses, impatient eReader users may just buy the book anyway.

I wonder if libraries are looking better and better to publishers with each passing eBook market development. They might not get the best deal compared to companies like Apple, Sony, or Amazon, but we’ll still respect you in the morning.

(h/t: Library Link of the Day)

Libraries and Amazon

Libraries and Amazon. Not exactly two words that are spoken in the same sentence without being to the detriment to the latter. Especially when the latter is also one of the largest book retailers in the world with a popular ereader that is heavy on the DRM and (most notably) currently incompatible for library ebook vendors. 

But libraries working as Amazon Associates?

By the time I got home today, the Butler Public Library had removed the banner on their home screen announcing their partnership with Amazon (hence, no screenshot). You can still see the text indicating that if people click on the link and buy things from Amazon that the library can receive up to 15% of the price. At face value, that doesn’t sound like a bad deal to me. It’s a way to generate some additional funding without additional work by library staff and gives library supporters a way to give to the library as part of any online shopping they do with Amazon.

(It’s also not the only case of this type of partnership; this other example being from about four years ago now.) 

Even as I typed the words of the last two sentences of the preceding paragraph, I can hear the chaffing of a thousand hands wringing from librarians coast-to-coast. Oh, we can’t get involved with a retail operation. That wouldn’t be right for the image of the library to be seen as endorsing one merchant. This kind of association pulls us away from our mission of information and education to that of retail and endorsement. We can’t possibly assist a corporation that could be the demise of libraries. And we certainly cannot partner with a company that is stodgy regarding copyright and takes a dim view of content.

Ok, that last sentence is one to which I would concede the point.  But I would press on and say that there are other points to consider. First, this type of arrangement places libraries in a unique ‘try before you buy’ position that doesn’t exist anywhere else. You liked the book or movie you borrowed? You can buy it here. Don’t want to miss an issue of the newspaper? Try a trial home subscription and see if you want to subscribe. Same thing for magazines. It creates a dynamic in which you can borrow it from one place (the library) or buy it from another (Amazon). And if you decide you were going to buy it anyway, why not do it through the library and give them a piece of the sale? There is an upside to positioning the library in line with Amazon.

Second, it knocks down the notion that Amazon and libraries are in competition or at odds with one another. Only if you squint and declare that both are involved in handling the same sort of materials could they actually be perceived as competing institutions. Amazon is a retailer, trying to put as many products into the hands of consumers as humanly possible. They sell stuff. They do not answer people on how to find information unless that information is how to buy more stuff. They will not help you with your resume (unless you want to buy a resume book), they will not help you learn how to use a computer (unless you want to buy a computer book), and they will not tell you where the bathroom is (maybe if you went to one of their centers, but probably not). The library is a public institution with a mission of literacy, education, and information. The library’s commodity is service in this goal. It won’t sell you the stuff within its walls (unless it happens to be on the book sale), but it can tell you where to find it. We will help you with your resume, how to use a computer, and, yes, where the bathroom is. Libraries and Amazon are simply not in the same business; the goals and aims of the organizations do not collide. There is no conflict of interest or intent.

Third, if you still have a problem with Amazon, you can take that kind of arrangement and work out a deal with local businesses. Imagine if a patron took their checkout receipt to the store and purchased the item on it; in return, the store gives a portion of the sale to the library. It recreates the same arrangement with Amazon and keeps the sale within the local economy. For whatever the library offers, there can be a benefit offered through a mutually beneficial arrangement with a similar business or service. The limitations are only the ones you put in place. 

And lastly, in a financial environment that could simply be described as ‘arid’, the capability of libraries to raise money from an assortment of sources is imperative. The idea that one source of income is somehow less desirable than others due to the point of origin (retail) is a bit absurd considering how readily libraries will compete for prizes offered by vendors. If you have any remaining doubts on this particular point, open up any state or national library conference program and take note of corporate sponsorships of events, awards, or even ice cream giveaways. Librarians and libraries don’t have a problem taking money from these sources nor should they. When one is trying to keep the doors open, any income is still income. And while some may think that it is better to close than to sell out, I doubt the surrounding community would feel the same way.

Certainly, it’s a touchy subject for a library to partner with a corporation such as Amazon in that capacity. However, in my estimation, the pros outweigh the cons. It generates revenue for the library, it positions the library to offer a ways for patrons to purchase items as well as donate the library, and it can be modified to work for local businesses. Not every business that is involved with the same materials is a competition for libraries; in fact, it behooves libraries to find more of these types of partnerships in order to survive and thrive. There are business and corporate partners who have an eye towards doing good things for communities. All it takes is a little outreach on the part of the library to make it happen.

So, go on. Click on that link without guilt. It’s going to a good cause.

The Failure of E-Reader Devices, Ctd.

Since my initial post on the subject two and half weeks ago, I have read over the replies that have accumulated across a couple of sites. I’ve appreciated the time that commenters have put into their replies to the post. In reflecting upon the discussions put forth, I can see that major flaw of my post was lumping e-readers and e-book stores together. In separating the two, it creates a pair of much more navigable and manageable issues for the library.

As various replies have correctly pointed out, e-books are already being lent out through libraries by vendors such as Overdrive and Netlibrary. Personally, I’d like to see some of the major e-book dealers (such as Sony and Mobipocket) consider creating lending arrangements with libraries. The additional titles and competition that they would bring would be good for libraries, patrons, and the market. As it stands now, the vendor provided software enables you to read these books on your computer, PDA, or is compatible with a handful of selected e-reader devices. For me, the current issues that dance around e-books are the various levels of permissions that are granted by the publisher and the author when it comes to the transmission of their work. It can be aggravating to show a patron a couple of different e-book choices and then have to go into nitty gritty details as to why one book could be put on a PDA while another cannot. In fact, I’ve had patrons turn down borrowing an e-book since it would not transmit to their iTouch or PDA because they wanted to take the book with them rather than be only allowed to read the book on their personal computer. I would strongly urge e-book lending companies to encourage publishers and authors to allow their materials to be viewed on any device; otherwise, it’s completely useless to the library as a lending material if no one is interested in meeting the requirements.

When it comes to e-readers, it is my fear that we will end up with something that resembles the video game console market. With the Wii, Xbox, and the Playstation, these are a handful of proprietary systems that dominate the market. Wherein the past, a game manufacturer could develop a game that worked on multiple platforms, the current trend is for companies to sign exclusive deals for their product lines. In carrying this over to the e-reader world, it would be the equivalent of James Patterson or Janet Evanovich signing a deal to exclusively publish their e-books through Amazon. The other companies would be snubbed as would any libraries not lending a Kindle (not that you could lend it as it is, but let’s pretend) as would any patrons of those e-reader lending establishments. The expense and hassle of these proprietary devices plus their propriety book formats would create a decision for a library as to whether to collect a single e-reader format or multiple types. Given the nature of budgets this year, my inclination would be the former strategy would be adopted. Overall, under this scenario, libraries and patrons would lose out in terms of access to materials.

It is my fervent hope and desire that the focus of e-reader manufacturers change from proprietary to universal platforms in which a device could read any e-book. But, alas, I think we are a few business and technology cycles away from any sort of movement towards that lofty ideal.

I am still quite serious about getting companies to allow libraries to lend their devices. So, in the hopes of turning words into actions, earlier last week I started to contact the various e-reader device makers about creating a terms of service or other arrangement that would allow libraries to lend their devices. My basic question each appeared like this:

“I have a question that I’d like someone to help me with: why is [name of company] not creating a special Terms of Service for libraries so that we can lend out [their device] with content and not risk a licensing breach?”

Depending on the web form or email, I would copy an excerpt of my post and include a link to the original post. Here’s the rundown of replies thus far:

– Sony was a complete (unsurprising) run around.

From my initial submission:

Thank you for contacting Sony Technical Support.

We appreciate the time you have taken to write us. Your email has been assigned Case ID XXXXXX. An email support agent should reply to your letter within the next 24 hours. Occasionally some inquiries will require additional time.

Thank you for your patience as we strive to provide you with the best service and support possible.

The Sony Online Support Team

Within an hour, I got a reply:

[AndyW],

Thank you for contacting Sony Support.

While we have been working hard to make the Digital Reader the best product on the market today, there is always room for improvement. We look forward to getting this type of customer response on our designs and will do our best to incorporate as many as possible in the future. To submit such requests we have established a dedicated email address. Please send all such comments to: feedback@ebookstore.sony.com

Thanks in advance for your feedback.

Thank you for understanding.

The Sony Email Response Team
C6LD
Paul

So I sent off my initial query to the email address and got back a rather irrelevant reply.

Thank you for your feedback! We read every submission to help us define the future direction of the store.
If your request is for a new title or author to be added, we are working to add new content regularly so please check back often. Also, if you have not already done so, be sure to sign up for our weekly newsletter that highlights new releases and additions and well as promotions and special offers.

To sign-up for our newsletter:
1.      Launch the eBook Library Software.
2.      Click on “My account” at the top and Sign in.
3.      Choose “Update Newsletter Settings” in the “Newsletters and Notifications” section.
4.      Check the newsletters you want to subscribe to.
5.      Click “Submit”.
Thank you again for taking the time to share your comments with us!
Regards,
The eBook Store from Sony

Hello, customer service fail! I’m not really sure where to go from there, since their customer service website is mired with communication pitfalls. I’d love to be able to try to get someone from corporate who could actually give me a real person reply, but I guess I’m relegated to crossing my fingers and hoping they read this post.

– Foxit, the creators of the eSlick reader, had this response:

Dear [AndyW],
Thanks for your email.
I think it is a good suggestion you have sent.
But we have no plan to do this Marketing mode at present.
For now, we are working on reseller program. Our reseller can place order and Foxit will give some discount for them according to the quantity.
Thanks!
2009-06-02
Best Regards,
Nancy
Foxit Software Company
www.foxitsoftware.com

And since I’m not going to be ordering, I guess I don’t have to worry about that reseller discount.

– Amazon wrote back something that made my eternal optimist stir, but it still leads to me to believe that I got the official brush-off already.

Hello,

Thanks for writing about make libraries able to use Kindles and lend them out with out being in breech of the terms of service. I will pass this information on to our Business teams from review.

Strong customer feedback like yours helps us continue to improve the service we provide, and we’re glad you took time to write to us.

Thanks for your interest in Amazon Kindle.

Please let us know if this e-mail resolved your question:

If yes, click [here]:
If not, click [here]:

Please note: this e-mail was sent from an address that cannot accept incoming e-mail.

To contact us about an unrelated issue, please visit the Help section of our web site.

Best regards,

Jonathan R
Amazon.com
We’re Building Earth’s Most Customer-Centric Company

The last line drew a wry grin to my face as a sudden dose of irony. I can only really hope that it is not simply a product of the marketing department. I’ve decided to see if I can get an actual phone call from a customer service individual by choosing the “no” option. Here’s hoping.

– I have an outstanding inquiry with Cool-ER which I should follow-up upon in the next week or so. I’m also still tracking down a place to submit an inquiry for the iLiad reader since their website appears to be uniquely obtuse for customer inquires.

I would encourage those who read this and want their libraries to have the ability to lend devices to do their own contacting of the companies involved in the e-reader business. While my persistence might get me eventually to a real live person (the new pinnacle of the customer service experience in the 21st century), it is only through combined action that libraries will see movement in their favor. E-reader use might not be the reality of today, but as the technology generations improve these devices, I feel that it will be in the future of the library. This is the time to work towards better and more open e-book formats compatible with our lending practices as well as devices for people to read them on. We are positioned to share and shape this future and we should not let it get past us. For our future collections, there is too much at stake to watch the businesses that will influence the patron borrowing interests of tomorrow proceed without us as an advisor and partner. We owe it to the future of the library to act now.

Cross posted at LISnews.org

The Failure of E-Book Devices

The failure is not the technology. The capacity to download, store, and recall hundreds if not thousands of books is impressive. The ability to replicate the look of font on paper is incredible. Each generation of e-book devices is rapidly outpacing the previous incarnations with additional features such as internet browser, PDF support, wireless updates, subscription support, and multiple e-book file types. The technology in and of itself is grand and a true marvel of the modern times.

The failure is how the e-book reader companies do not consider libraries as a viable customer.

If you read the FAQs or Terms of Service for Amazon, Sony, Mobipocket, and Ebooks, there is a clear indication that you cannot lend an e-book to anyone. Ok, that’s not entirely true, since Sony indicates that you can lend an eBook to a friend (gasp!) so long as they are an authorized user of your account (Awww!). Sure, you can authorize a friend, but if you are someone who passes around books to all your friends and family, this becomes an onerous exercise in authorizing and de-authorizing just to share a reading gem. Also, it makes the lending of a Sony Reader with eBooks a circulation nightmare for a library under those ‘guidelines’.

Mobipocket stakes dangerous territory by saying that you cannot lend an eBook but you can lend the device. Since they don’t make any readers, this could possibly put them at odds with the companies that do make devices that they support. (I’m sure Cybook and iLiad might beg to differ, but I digress since I can’t find their positions on it.) This makes the use of Mobipocket books a big no-go for libraries. eBooks mentions that it uses robust software to ensure that only the legitimate owner of the eBook can read it. While it does not outright prohibit lending, it sure as hell probably works to stymy it. I smell a terms of use violation buried somewhere in there like a leftover World War II ordinance in a French farm field. Thus, the libraries are usurped once more.

Out of all of these devices and shops, Amazon has the most frustrating position. With the Kindle, there has been much discussion about whether or not you can lend one. The current Amazon stance is the equivalent of a wink and a nod that you could lend one, but it’s against the terms of service. While my first reaction was admiration of shrewdness, it has since evolved into insult. Did Amazon really think that a libraries would not be interested in offering this device to their patrons? Either they are terribly short sighted as to their market or just plain inconsiderate that the well established institution of the library would love to offer a new medium for people to borrow materials.

This simply cannot stand. If this is a product of the electronic industry getting into the publishing business, they need to wake up and smell the pulp. Libraries are not your average customer and we should not be treated as such; for lack of a better analogy, we are the street level dealers to our vast clientele. We deserve to get special treatment.

So, all you e-book reader industry people out there, here’s a couple of ideas for you from this librarian.

(1) Write a terms of service exclusively for libraries. Don’t leave us in this gray legal area where no one is a winner. We won’t want to lend out your product if we feel like we are going to get bit on the ass when you don’t support it or repair it (due to terms of service violations) or suddenly decide to sue the crap out of us for lending them in the first place. Stop ignoring libraries and start embracing us for the information and technology educators that we are.

(2) With your army of lawyers (Amazon, Sony, etc.), write a service contract in which you provide us with devices and materials which we can then lend to patrons. (Leave it to us as to how we make them financially responsible to borrowing the readers; we are better in the lost or damage item debt collection field than you are.) For example, a contract that gives us a reader, you stock it with the top 10 or 25 or whatever bestsellers that month, we lend it out, you update it as the month goes on, we send you back the device every year or so (which you can resell as used or refurbished or whatever) for the latest generation, and throw in a service/repair contract on top of that. Make it work so that we can put your devices on our shelves with materials that people will want and we will take care of the rest.

(3) Profit. You profit both literally and through increased exposure for your product to the public who might not otherwise be interested in your e-book reader. We profit with increased patronage, circulation numbers, and overall system usage statistics. It is a win-win-win for us, you, and our patrons. You can’t beat that result, not even with a stick.

We are in the intellectual enhancement business, no matter the medium. Libraries are the allies of the e-book reader devices. Start treating us like it.

Cross posted to LISNews.org

a kindle that yields no fire

Within library circles, there has been a continued conversation as to the Kindle. Unlike previous eReaders, this one has taken off like gangbusters. The Oprah show in which the Kindle was in the spotlight has put this $360+ gadget as the must-have gadget for all the literate geeks of the world. And while the library does eventually adopt popular information technology into the collections (CDs, DVDs, video games, and the like), the Kindle has left us scratching our heads.

On the one hand, it has everything a reading consumer could ever want. Relatively easy interface, excellent reading screen, built-in options, and access to a vast array of books, magazines, and other resources. It’s small, it’s energy efficient, and it puts the desired text at the tips of the reader’s hands within a minute. It could quite easily revolutionize the world of literature. Truly, it is the flying car of books.

But, for all of its positives, this flying car runs on the fuel equivalent of soylent green. In exchange for ease of convenience, a user gives away ownership. Emily Walshe reports that, in exchange for their money, a Kindle user is simply purchasing right of access to the content. And as a lease owner, you cannot trade these rights to others (e.g. you cannot ‘loan’ a book or even the Kindle to another person) nor is the Kindle open to other ebooks. The end user is a captive audience, subject to the whims and declarations of Amazon. There is no competitive pricing, competing devices, or alternative venue. When you commit to the Kindle, you are saying the technological equivalent of “I do”.

I will concede that this is not necessarily a bad thing. Amazon is moving the ebook market forward and setting higher and higher standards for the devices. But libraries will leave this technology aside due to the restrictive nature of the terms of service. The most obvious reason is that, as a lending institution, we still cannot technically lend out Kindles without wiping the content each time. (There is a library in NJ that lends out Kindles; the flying monkeys of corporate lawyers have never darkened their doorstep, but it is a real possibility.) This defeats our main mission and purpose. In addition, the DRM is such a quagmire that only an update to the Digital Millennium Copyright Act could create the right conditions for this technological wonder to join our collection.

My personal opinion is that ebook readers are still a couple of years or technology generations from being completely viable. Aside from their staggering cost (especially in this economy), these devices will only truly be a revolution for ebooks once the emphasis changes to the device itself and take off the proprietary controls off of the digital content. The devices at present can only go so far before people will demand access to other publishers. We are a “all in one” sort of society, a people who want to make only one stop on the way home from work, and that’s something that will need to be reckoned with in the future.

The first company to make a device that reads all content will win this race. I just hope I can buy stock in it before it shoots through the roof.

(Sources: LISNews, Wikipedia)