Kamis, 31 Juli 2014

Fisking Shatzkin's and Cader's Fisks of Amazon

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Fisking Shatzkin's and Cader's Fisks of Amazon

Two days ago, Amazon released a statement explaining their position in the negotiation difficulties with Hachette. As many of us had guessed, it's all about ebook pricing.

Barry Eisler did a post about the statement, and I fisked Douglas Preston, history's worst poster child for publishing, because he continues to beat a drum that only 1% of authors can hear.

The fact that Preston acknowledges that many disagree with his position, but never responds to or addresses criticism, is equivalent to stuffing his face from a big bowl of fail with a spoon in each hand.

But elsewhere on the Internets, there are those who remain on Hachette's side and are vocal in their concerns about the Amazon statement. Among them, John Scalzi, Mike Shatzkin, and Michael Cader of Publishers Lunch.

Scalzi's take was skewered on the Passive Voice, with 178 comments so far, the majority of them critical of his POV.

I decided to address some of Shatzkin's and Caders comments, and Barry Eisler also weighed in on Cader on his own blog.

I'll start with Mike Shatzkin.

Mike: “Unjustifiably high” is an opinion, not a fact.
Joe: Mike, when Amazon has the data on what pricing structure is the most lucrative, that's not opinion. It’s math.
Mike: Publishers pay money for the right to exploit copyrights and their “opinion” on pricing should be at least as important as anybody else’s.
Joe: A publishers' opinion on pricing certainly applies to the wholesale price at which they sell their content to retailers. They've always controlled that. Publishers also insist on a recommended list price (books are one of the very few retail items that have the price printed on them). But unless the contract with the retailer states otherwise, that's where their opinion ends.
Mike: Agency publishers had a lot of experience with higher ebook prices that couldn’t be discounted before the DoJ stepped in and they apparently disagree.
Joe: Huh? Ebooks were being discounted, which is why publishers colluded to force the agency model on Amazon. The agency deal meant Amazon couldn't discount. When the DOJ stepped in, Amazon went back to discounting.

Okay, upon rereading your sentence, I think you're saying that the price- fixing publishers seemed to like higher prices.

Did they like them because they made more money? Probably not, because they had to give a lot of that money back to readers in the settlement.

Or did they like those high prices because they retarded the growth of ebooks and protected their paper oligopoly? How is that counter to Amazon stating that $14.99 is unjustifiably high? It seems to be sympatico. The price fixers wanted those ebooks to be priced high, and their justification was to protect paper. 

Mike: This elasticity measurement considers only sales of ebooks at Amazon. What is the impact on print book sales when the ebook price goes up and ebook sales go down?
Joe: It only considers ebooks because ebooks are the items that Hachette wants to raise prices on. Hachette and other publishers make higher profits on ebooks, but they don't run a cartel over ebook distribution like they do with paper.
Mike: What is the impact on the bookstore distribution network when ebook prices go up and ebook sales go down? It would be commercially irresponsible of publishers not to consider those effects as well.
Joe: What's commercially irresponsible is not giving readers what they want. In the past, publishers had all the control. They priced hardcover books as luxury items, and those who couldn't afford them either had to wait for the library copy or wait a year for the less-expensive paper version to come out.

Publishers no longer wield that power. It's understandable that they don't want to let it go, but you can't put that cat back in the bag.

Amazon's press release isn't meant to be a comment on the state of the paper publishing industry. It's meant to explain the current negotiation situation with Hachette, which is about ebook pricing.
Mike: It is true that ebooks live in a world where they compete with other media. It is also true that the they live in a world which includes print, also an important component of a publisher’s and an author’s economic world. This analysis is very short on measurements of the impact on print sales of lower ebook prices.
Joe: Print is important to my economic world. It's about 2% of my income.
Ebooks are 1% of Legandare's income. And, again, this pricing issue is about ebooks, not paper.
We know Hachette wants to protect their paper sales. Why should Amazon care about that? Amazon cares about the needs of its customers, and Amazon and Hachette can apparently agree on terms for selling paper books. How does your argument that Amazon isn't taking paper sales into account affect Amazon at all? That isn't Amazon's concern.
Mike: It is good to hear that Amazon accepts a 30% share for retailers as reasonable. Will they now extend terms reflecting that to all the non Big-Five publishers who are trapped in “hybrid” terms, giving 50% or more in wholesale discounts to Amazon for ebooks? Of all the points raised by Amazon in this document, this is the most consequential in terms of commercial impact.
Joe: You mean "trapped" as in "willfully entered into the contract"? I'd be fine with a 50% wholesale deal with Amazon. I'd love it if they heavily discounted my books. I'd love it even more if they sold them as a loss-lead. But I don't have a paper empire to protect.
Mike: How about the academic and professional title universe that never operated on trade discounts until Amazon forced them into the trade discount world recently?
Joe: I don't think you understand the word "forced" anymore than you understand "trapped".
I'll give you a correct usage: "Amazon was forced to accept the agency model because publishers illegally colluded, and they became trapped by those terms."
No one is forcing any publisher to accept Amazon's terms. Amazon isn't a monopoly. Those publishers are free to go elsewhere. Amazon isn't breaking any laws by being a fierce competitor and negotiator. The same cannot be said about Hachette.
Mike: The economics of those segments of the book industry are being devastated by trying to put them into the trade paradigm where they never belonged and never intended to be.
Joe: Yes, the world will weep over the loss of $200 textbooks. I'm getting teary-eyed just thinking of it.
Again, it is not Amazon's job to give life-support to a business model that no longer works, whether it’s 8-track tapes or textbooks.
Technology, and consumers, have moved on. Publishers also need to move on if they want to continue to be relevant. Go with the flow, or drown.

Michael Cader of Publisher's Lunch was also critical of Amazon's statement, and he says some things worth responding to.

Cader: As most of our readership has likely seen by now, on Tuesday afternoon the Amazon Books team put up another unsigned, closed to comment post (an exercise in what Barry Eisler ought to call shameful "pointless, pernicious, promiscuous anonymity") on the Kindle Forum. The post is said to offer "specific information about Amazon's objectives" in their negotiations with Hachette Book Group.

As to why Amazon doesn't allow comments, I'm puzzled by that, as well. They haven't allowed comments on any of their Hachette related posts. I doubt it would be because they fear criticism--Amazon tends to ignore criticism, even from the highest sources.

If I were forced to speculate, I'd guess--and this is a pure guess--that Amazon believes the comment thread would fill up with anti-Hachette sentiments, and that's not conducive to the negotiations they are currently involved in.

Or maybe Amazon truly fears that a pro-Hachette avalanche of posts would overwhelm them, as pro-Hachette authors have been lighting the Internets on fire with their fact-based, common sense posts.

(Can anyone point me to a single pro-Hachette fact-based common sense post? Anyone?)

Cader: If you have not read the post yet, check it out. It raises many questions, among them:
Amazon is very careful with their words, even if not elegant. The post begins, "A key objective is lower e-book prices." A lot of traditional media have written the post up as if it said "The key objective..." What are the other key objectives, Amazon? Why do your conversations with people in the trade talk about looking for your fare share of the "business efficiencies" produced by a rising ebook market and your investments, while your public words are only about pricing objectives?

Joe: Well, we agree that Amazon is careful with their words. It’s unusual to hear an observation like that leveled as a criticism. Does Cader prefer the Hachette approach, which is to clear English what a chainsaw is to a tree…?

That said, I'm pretty sure Amazon just agreed to a 30% cut of ebooks--that speaks directly to their business efficiencies of the rising ebook market, doesn't it? So they didn't just speak of pricing objectives. But since Hachette hasn't made any statements about pricing, we're left with the belief that this dispute is about ebook pricing, which is why Amazon is addressing that particular point.

Cader: Amazon says they have "quantified the price elasticity of e-books from repeated measurements across many titles" in their store. Will they provide that data to publishers? Will they do it for a variety of price points?

Joe: Have publishers released any price-point or sales data? No. We rely on third parties to attain that information, such as BookScan.

I find it interesting that Amazon is, finally, sharing some price point data, and Cader immediately wants more from Amazon and nothing from Hachette. It reminds me of that Louis CK joke about WiFi on airlines.