NYT

No surprises, plenty of confirmation:

Publishers say Amazon is aggressively wooing some of their top authors. And the company is gnawing away at the services that publishers, critics and agents used to provide.

Several large publishers declined to speak on the record about Amazon’s efforts. “Publishers are terrified and don’t know what to do,” said Dennis Loy Johnson of Melville House, who is known for speaking his mind.

“Everyone’s afraid of Amazon,” said Richard Curtis, a longtime agent who is also an e-book publisher. “If you’re a bookstore, Amazon has been in competition with you for some time. If you’re a publisher, one day you wake up and Amazon is competing with you too. And if you’re an agent, Amazon may be stealing your lunch because it is offering authors the opportunity to publish directly and cut you out.

As regular readers know I’m no fan of Amazon. But if the choice is between a provider who charges up-front fees for a-la-carte services and an industry that demands editorial control while banking unsubstantiated percentages, I’ll have to go with the former.

It’s also worth noting, again, how intimately related the industry’s gatekeeping practices and economic stability were. Controlling access to publication and stigmatizing self-published writers created an industry that could dictate terms like a price-fixing cartel. At least until the entire question of self-publishing was revealed to be an industry-perpetuated fraud. [ Read more ]

When the New York Times says it’s okay to steal content, you know it’s not going to be a good day. Before this afternoon I’d never heard of Randy Cohen, who apparently writes a column called The Ethicist for the NYT Magazine section. After today I have to question his qualifications for passing judgment on ethical behavior.

Here are the first three graphs of today’s column, in which he responds to a reader’s question. (Am I copying and pasting too much of the NYT’s content? Or am I allowed to do so because I already paid for that ethical right when the NYT subjected my eyeballs to their online ads?)

I bought an e-reader for travel and was eager to begin “Under the Dome,” the new Stephen King novel. Unfortunately, the electronic version was not yet available. The publisher apparently withheld it to encourage people to buy the more expensive hardcover. So I did, all 1,074 pages, more than three and a half pounds. Then I found a pirated version online, downloaded it to my e-reader and took it on my trip. I generally disapprove of illegal downloads, but wasn’t this O.K.? C.D., BRIGHTWATERS, N.Y.

An illegal download is — to use an ugly word — illegal. But in this case, it is not unethical. Author and publisher are entitled to be paid for their work, and by purchasing the hardcover, you did so. Your subsequent downloading is akin to buying a CD, then copying it to your iPod.

Buying a book or a piece of music should be regarded as a license to enjoy it on any platform. Sadly, the anachronistic conventions of bookselling and copyright law lag the technology. Thus you’ve violated the publishing company’s legal right to control the distribution of its intellectual property, but you’ve done no harm or so little as to meet my threshold of acceptability.

What Mr. Cohen is arguing is not simply that you have a right to make a back-up copy of content already purchased, you also have the right to port purchased content to any other medium you choose — and to have others aid you in doing so, even if by doing so you or they also profit, and even if by doing so you or they profit at the expense of the legal copyright holders of that content. [ Read more ]

Self-publishing Revolution Update

Randy Cohen: Ethical Fail