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The DRM Distraction: Part I

December 17, 2009 By Mark 3 Comments

Reality Refresh
Having looked closely at the publishing industry for the past few months, and having worked in both the software industry and the film industry at various times over the past two decades, I’ve come to a few conclusions about digital rights management (DRM). The most important is that there is no clear-cut solution to the question of piracy, and anybody who tells you they’ve got it all figured out is working their own angle. And that includes Cory Doctorow and me.

Like the subject of abortion in the political arena, DRM is injected into every conversation about content ownership and distribution whether it’s directly relevant or not. If you don’t say the right things to the right people about DRM you risk associations and opportunities that might be of value, not because you’re wrong on the merits, but because you’re giving aid and comfort to the enemy by implying that they are not pure evil. At the same time, those people who don’t buy into a black-and-white view of DRM will think you an idiot for not using the impassioned nuts on both sides to your own advantage.

The correct answer to questions about DRM in the current context is not to be suckered into a debate about technological solutions or the prosecution of college students, but to educate and evangelize about the problems that drive the implementation of DRM technology in the first place. Although most end users who pirate content do so as individuals, the collective effect of these individual decisions hurts copyright holders and content creators in very real ways. Yes, some piracy may be sticking it to The Man, but it’s also killing artists that people apparently want to read, listen to and watch.  [ Read more ]

Filed Under: Publishing Tagged With: digital, DRM, management

Site Seeing: Richard Curtis | E-Reads.com

December 15, 2009 By Mark Leave a Comment

What is there to say about Richard Curtis that hasn’t already been said? If you’re interested in books, publishing, agents, writers, ethics, and the money that holds them all in a gravitational embrace, you have to read Curtis’ posts at E-Reads.com.

You have to. (You don’t always have to agree.)

I first learned of Curtis decades ago when I was trying to get a fix on the book business, to see if I wanted to move toward writing novels. Curtis’ books on the publishing industry — including How To Be Your Own Literary Agent and Beyond The Bestseller — demystified a world that many power brokers would still prefer clouded in cigar smoke.

(There is a revised 3rd edition of How To Be from 2003; Beyond doesn’t seem to have been updated, but I suspect much of the content is still relevant despite the pace of change in the industry.)

— Mark Barrett

Filed Under: Publishing Tagged With: Richard Curtis, site seeing

Living in the Moment

December 14, 2009 By Mark 8 Comments

Thinking about my reluctance to recommend an e-reader to anyone, I realized over the weekend that it’s not simply a belief I have that e-reader technology isn’t ready. That’s part of it, but there’s another issue for me — a more global concern that I tend to mute because I don’t think there’s anything I can do about it.

Twenty or thirty years ago, products were rated in two basic ways. How well they did the job they were designed to do, and how reliable or long-lasting they were. Between then and now, however, the question of reliability has changed. It no longer refers to a product’s ability to perform over time, but rather to a product’s ability to perform at all.

I have no proof of this, but I believe the change took place as the products in our lives became predominantly electronic, as opposed to mechanical. Where physical mechanisms used to power most of our devices, those devices are now controlled by circuitry that is inherently more complex, if not unfathomable.  [ Read more ]

Filed Under: Publishing Tagged With: books, POD

Changing the Rules

December 9, 2009 By Mark 5 Comments

Bear with me — this comes back to publishing…

There was a rule change just prior to the start of the National Basketball Association season, and I think the NBA’s decision sheds some light on the options the publishing industry has for increasing interest in books.

The new rule reads, in part: “A player who receives the ball while he is progressing or upon completion of a dribble, may take two steps in coming to a stop, passing or shooting the ball.”

It is believed to be the first time any league, at any level anywhere in the world, has explicitly allowed two steps.

As the article notes, the rule has always been one step, and that’s been true at every level of basketball. However, as the article also notes, the NBA has been allowing two steps for years, so this rule change only reflects reality. Or at least reality as defined by an unenforced one-step rule, which may be a great deal different than an enforced two-step rule. (Predictable NBA double-speak denial here. Phil Jackson on the obviousness of the sham here.)

Why did the NBA allow two steps against their own rules, and why have they now written this admission into the rulebook?

Enforcement of the one-step rule has been hit-or-miss at every level of basketball. Archival footage shows NBA greats, from Magic Johnson and Pete Maravich to Bob Cousy and Julius Erving, getting away with two steps. Borgia, whose father was also an NBA official, said he cannot remember a time when NBA referees did not allow two steps.

Others insist allowing two steps represents an NBA strategy to aid scorers and make the league more exciting. Legendary point guard and current Knick broadcaster Walt “Clyde” Frazier says the league relaxed traveling standards some time ago to increase scoring.

Enforcement may be hit-or-miss at every level of play, but that’s partly because the traveling call is inherently hit-or-miss. Unlike, say, a missed basket, which is obvious to everyone, a traveling call requires assessing multiple moments which play out in various ways. Did the player pick up his dribble early, but still only take one step (or, now, two)? Precisely because referees have to wait until a player completes a series of moves to know it’s an infraction, it’s not clear a player is traveling until fully after the fact. Even a foul — which is also a tough judgment call in many cases — has only one inciting incident. Traveling is now a multi-step judgment call, which, at the professional level, plays out at blinding speed in a forest of giants.

Enforcement is also not proportionately hit-or-miss when comparing the NBA with major college basketball. You can watch whole NBA games and never see a traveling call, while college games regularly feature such calls. (More proof that the NBA has been lax about the one-step rule for some time.) As to whether the rule has been relaxed in order to increase scoring and excitement (you get better power dunks off a two-step stampede to the rim) I don’t think there’s any question that that’s the case. And I don’t think the NBA is alone in this regard.  [ Read more ]

Filed Under: Publishing Tagged With: NBA, Publishing

The Ratings Game

December 8, 2009 By Mark 1 Comment

Apple has removed 1,000 apps from its online store in the wake of a large-scale ratings scam perpetrated by a Chinese developer:

This scam was so effective that the applications regularly rose to the tops of charts. One, called ColorMagic, even made it into the Staff Favorites section of the store (which brings some doubt as to whether these are actually staff picks at all).

Apple is to be congratulated for taking action. It’s also to be condemned for failing to have controls in place that were capable of discovering and exposing this wide-spread fraud. Whether Apple is faking its own “Staff Favorites” picks or not, Apple has an obligation to police its own marketplace for the sake of Apple’s users.  [ Read more ]

Filed Under: Publishing Tagged With: China, fraud

The Ditchwalk Agent Query Challenge

December 2, 2009 By Mark 18 Comments

The Issue
On October, 22nd, 2009, literary agent Nathan Bransford of Curtis Brown, Ltd, posted the following on Twitter:

Jessica Faust’s great post re: editing/queries/synopses aren’t fun, but they’re your job: http://bit.ly/1aI0XF

Following the link I found another literary agent, Jessica Faust, of BookEnds, LLC, ranting about lazy writers:

Life and getting published is not about easy. It takes work and I’m willing to do the work to help you build a successful career. Since it’s your career I would think you’re willing to do the work too.

Now, I don’t know what you think about a literary agent dressing writers down in public, but I’m not sure Ms. Faust is exhibiting the kind of professionalism that lends credibility to her advice about professionalism. I say this because one of the things agents have to deal with is the fact that writers come in all shapes, sizes, neuroses, flavors, vintages and intellectual capacities. It’s baked into the business.

If they don’t know it in advance, all agents learn this during their first full business day. So when I see an agent go off the deep end about how writers make that agent’s life difficult, or about writers being inept, or about writers being vain, or whatever else an agent might appropriately bitch about over drinks with other agents, that rant sounds like someone telling the world to be different from the way the world is.

Even your average agent knows that a good part of their job is trying to take feral square-peg writers and hammer them into trained round-peg authors that fit the publishing pigeon holes of the day. That’s the whole game from an agent’s point of view: connect products with markets, and massage both until they fit. Unfortunately, writers themselves are notoriously uncertain about how all this works, so they either do the wrong things or write the wrong things or ask stupid repetitive questions until the agent goes mental.  [ Read more ]

Filed Under: Publishing Tagged With: agents, Nathan Bransford, query

The New Money Flow

December 1, 2009 By Mark 39 Comments

Recently, while reading a write-up of a self-publishing nightmare, I ran across mention of something called Yog’s Law, attributed to one James D. Macdonald. Having never heard of Yog’s Law before, I clicked through and learned the following:

Macdonald is well known for his work in educating aspiring authors, particularly for his advice on avoiding literary scams. Early in his career he was asked by such an author how much he had paid to have his books published, and in response began a campaign of educating other writers about the problems of vanity publishers. As part of this campaign, he coined Yog’s Law, which states “Money should flow toward the author,” which is often quoted by professional authors when giving advice on getting published.

Less than a day later, I read this in a blog post by Richard Curtis:

The line that once sharply separated traditional publishing (“We pay you”) and vanity publishing (“You pay us”) has all but dissolved in this corrosive environment of fabulous riches.

Mere hours later I found Yog’s Law quoted a third time, in a Jane Friedman blog post analyzing the Harlequin Horizons debacle:

People like to say (and I’ve said too) that money should flow TO the writer, not AWAY from the writer.

But I can see a business model emerging where publishers work with authors in more diverse ways. What we’ve held to be sacred—that a writer should NEVER pay to publish—may change.

To be clear: there are a lot of literary scams out there, and a lot of naive writers who get taken to the cleaners as a result. Whatever work James Macdonald has done to protect writers from predatory service providers who peddle false promises is a good thing.

Understanding Yog’s Law
As maxims go, Yog’s Law is not bad. In a moment I will speak to the fallacy of Yog’s Law, and to the convenience of revisiting the rule when the publishing industry decides it wants to get in on the writer-servicing business, but as a general guideline I think Yog’s Law does what it needs to do. It tells writers that anyone asking them for money should be viewed with suspicion, and that’s correct. That this core tenet could be expanded to cover most aspects of anyone’s life does not detract from its effectiveness as a general rule for aspiring writers.  [ Read more ]

Filed Under: Publishing Tagged With: jane friedman, Richard Curtis

Marketing Fatigue

November 28, 2009 By Mark 2 Comments

I’ve been a subscriber to Popular Photography for four or five years. I didn’t buy my first digital camera until two years ago (a point-and-shoot), but I’ve had a life-long interest in photography and I’ve been using Pop Photo to keep up with the evolution of digital tech.

I still have an analog SLR and three lenses that I love, but I wouldn’t go back to film if you offered me the choice. Between the per-image cost of processing, the film requirement of processing all images instead of tossing the mistakes, and the difficulty (impossibility) of getting good prints at anything less than custom prices, I’m completely sold on digital.

Still, I’m not an early adopter when it comes to tech. I tried that, and it’s just too expensive. I’d love nothing more than to own a DSLR today, but I wouldn’t have said that even two years ago. Why? Because two years ago camera manufacturers were still in a megapixel race, which, like the return of the horsepower race in cars, provides only limited end-user utility. It’s only in the last two years that the DSLR feature set has matured to the point where you can buy a camera now that won’t be obsolete in six months. (Not that there won’t be advances. But the question of image resolution in digital formats has been thoroughly asked and answered. If you want to take good pictures that can be printed to 8×10 or larger, that’s now a given in any DSLR, and true for many point-and-shoots as well.)

In terms of knowledge and information about cameras, my subscription to Popular Photography has been well worth it. As an unexpected bonus, however, I’ve also learned a bit about what’s happening to the analog magazine business in the age of digital information, none of which would come as a surprise to regular readers. (See also my take on PC Magazine. Which, by the way, recently launched a new web site that is much improved in terms of clutter, but even less trustworthy than before in terms of mingling editorial content with advertisements posing as press releases posing as editorial content. Consider yourself warned. Again.)

I don’t remember what I paid for my first Pop Photo subscription, but it was cheap. Twelve issues for pretty much nothing. Or maybe it was two years (24 issues) for pretty much nothing. In any case, when I received my annual renewal reminder last year I was shocked to see that another twelve issues would cost me five dollars. As in $5. As in five hundred pennies. As in: are you kidding me?  [ Read more ]

Filed Under: Publishing Tagged With: marketing

Richard Curtis Observes Hypocrisy

November 23, 2009 By Mark Leave a Comment

Last Thursday, in a post about the Harlequin Horizons debacle, I wrote this:

The idea that all of these novice, amateur and un-published professional writers are suddenly going to take advantage of self-publishing tools has got to be making traditional publishers both mental and green with greed.

Today, Richard Curtis writes this:

With so much money being thrown at subsidy publishers, and with the blessing of mainstream publishing, the evolution of vanity from the margins to the center of the publishing universe is complete. The erosion of traditional gatekeepers like reviewers, critics, newspaper book editors, and other refined literary tastemakers makes it clear why even a conservative publisher might lose its head over the prospect of all that money – and be tempted to go into another racket.

Publishers go where the money is. For a long time the money was in gatekeeping, and particularly in gatekeeping the content-distribution process. The internet ended the ability of publishers to dominate distribution, so they are looking for new revenue sources, including partnering with (or getting in bed with, or joining in abusive practices with) the very vanity and subsidy publishers they used to decry.

The idea that publishers are victims of anything is now dead.

— Mark Barrett

Filed Under: Publishing Tagged With: Publishing, Richard Curtis

Self-Publishing: A Cautionary Tale

November 22, 2009 By Mark Leave a Comment

Mick Rooney put a post up on his site today that details a long-running dispute between an author and self-publishing company in the UK. I think it’s worth a read because it draws attention to a number of ways authors can become enmeshed in processes that consume time and money, as well as stomach linings and sanity.

We don’t often end up in court, but most of the things we do each day have the potential to land us there, whether or not we’re the ones motivated to seek some sort of justice. We also tend to think of our online communications as social networking or community building, but our online personas also establish a permanent record and obligate us to conversations we might not otherwise want to have.

Self-publishing is an opportunity, and online methods of marketing our works and ourselves are a benefit in that regard. But there are still risks to be recognized and managed, and our individual conduct may matter more than we think.

As I noted in the comments on Mick’s site, you don’t have to choose sides to see his post as a series of cautionary tales. Given the explosion of author-service providers — including the already re-branded Harlequin Horizons, and other publishers and imprints working with Author Solutions — it only makes sense to be cautious.

The goal, it seems to me, is professionalism. From the people who provide us services, and from ourselves. In this case being a professional means arming yourself with knowledge gleaned from the experience of those who have gone before you. Because it might keep you from losing, time, money and sleep.

— Mark Barrett

Filed Under: Publishing Tagged With: Mick Rooney, self-publishing

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