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Amazon, Macmillan: an outsider's guide to the fight (antipope.org)
60 points by barry-cotter on Jan 31, 2010 | hide | past | favorite | 34 comments



I disagree that pricing is irrelevant to this battle. Pricing is the only reason they're having this battle.

Amazon is trying to drive the prices down to $10 or less because they believe that the eBook market will stagnate if titles are priced much higher than that. They're gambling that lower prices for eBooks will lead to higher sales, and that the increased volume will make up the difference for everybody.

Macmillan is trying to drive the prices up so they can still recoup their fixed costs given current sales numbers for eBooks. They're not gambling at all -- they're trying to structure prices so if the eBook market stagnates they still break even, which has the very pleasing side effect that if eBook sales increase even slightly (something the iPad is threatening to help happen), all the revenue from those additional sales will be pure profit.

I can see points on both sides here. I agree with Amazon that the eBook market is dead in the water unless eBooks cost significantly less than physical copies, but publishers like Macmillan would be insane to give Amazon any control over the actual "list" price that drives all the percentages.

(Pricing rant: In order to succeed, eBooks have to be priced competitively with the actual street prices of the print versions, not the list prices. Bestseller prices need to be competitive with Amazon and Costco, and backlist prices need to be at least nominally competitive with used. Particularly for titles have have been in print for decades -- I think you're recouped your costs on the Foundation trilogy by now, guys; it's not my fault you keep re-typesetting it so you can bump up the page count to make the ever-increasing cover price look "reasonable".)


So in this article he states:

Traditional chain: author -> publisher -> wholesaler -> bookstore -> consumer

Then he says that Amazon is acting as wholesaler to the publishers and bookstore to consumers. That would give us this:

Amazon's chain: author -> publisher -> Amazon -> consumer

What I don't really get is what's so different between that and what apple is proposing:

Apple's proposal: author -> publisher -> fixed-price distributor -> reader

The only difference I see is that apple hasn't started going after the publisher's profits (yet).

What am I missing here?


According to the article, Amazon wants the power to set the price for ebook edition. Amazon has other priorities besides selling your book for as much as possible, such as pushing the adoption of Kindle. So if Amazon decides that your book is gonna be a loss leader, you're stuck.


Actually it looks like you got it. Apple isn't trying to be the publisher too, whereas Amazon is. The publisher is objecting to what Amazon is trying to do.


It can't possibly be good for consumers that any one middleman is so powerful that they can lay a major hurting on MacMillan like this. I really dislike the arbitrage model where the middleman tries to capture all the profit at the expense of the supplier and the consumer. I like the fixed margin model (like Apple's). I think it's good for everybody.


It can't possibly be good for consumers

Amazon wants to sell me a book delivered on day 1 for $10. Macmillan wants me to choose a book delivered on day 8 for $30 or a book delivered on day 180 for $15. Remind me why I'm suppose to back Macmillan again?


If Amazon is writing the book, fine. But if Amazon is saying that somehow magically they will sell you a book for $10 when MacMillan needs $12-$15 to make money, then MacMillan or the author are going to starve while Amazon makes all the money.

That is not a win for anyone except Amazon.


It isn't magic: Amazon takes a loss on certain Kindle books with the goal of changing customer behavior, in much the same way that WalMart loses money on most new titles it sells to bring customers in the door. MacMillan would rather they dictate prices to Amazon so that they can avoid channel conflict.

To enforce this, they told Amazon that if Amazon doesn't play ball with their dictated prices, MacMillan will use their strict legal monopoly on sale of MacMillan books to make it impossible for Amazon to sell them in the crucial post-release window. Amazon said "Two can play at that."

(MacMillan doesn't "need" $12 to $15 to make money, but if they demanded it, Amazon would pay $2 a book during the new release window to make boku bucks on the hardware, midlist/backlist titles, and non-book services.)


MacMillan doesn't "need" $12 to $15 to make money

Actually, you'd be surprised.

The author's cut is a royalty based on the suggested retail price, which for a hardback offering would be 10-15% of $24, or for a first ebook at $15 would be 25-30% of $15.

The production cost of an ebook is non-zero; there's a lot of editing, copy-editing, proofreading, typesetting that goes into it, not to mention commissioning cover art (arguably obsolescent) and other marketing activities. Rule of thumb is $7000-$20,000 for a book, which must be recouped somehow. Typical book sales are much lower than most folks imagine -- midlist hardcover SF novels sell 3000-8000 copies at $24 discounted to $16, paperbacks sell 15-30,000 copies at $8 discounted to $6 (but with a hideous level of wastage such that typically 20-50% of the print run will be pulped due to not selling within 90 days).

Suppose the $15 ebook somehow sells as many copies as the $16 (after discont) hardcover. The iBook cut is 30%, leaving $10. The author's cut is another 30% of $15, leaving $5 for the publisher. They then have to defray $7-20K of production costs before they're into profit; an expensively produced book that sells for $15 but only moves 4K copies is thus a loss.

You want to know the grisly truth? Right now, ebook sales are lucky to make it into three digits. Even Baen, who are Doing It Right, are happy to shift 4000 ebooks at $6 each.

And Amazon isn't taking only 30% of the cover price: they're wanting 30% with a cap of $10, and they get to set the retail price, or 70% of retail price (current books).

Let me say it again: in publishing, about 70% of the revenue stream is soaked up by rent-seeking intermediaries between author/publisher and reader.


Charles Stross! I flew to America to buy a copy of Merchant Princes. Well, OK, not really: I tried to buy it in Japan from my Kindle with the intention of reading it on my annual trip back, and I was denied because of some licensing agreement your publisher had. I eventually bought it while passing through Detroit Airport.

Despite the fact that this is ridiculously convenient for argument I am about to make, I am actually telling the truth: http://news.ycombinator.com/item?id=1002315

When you say"rent-seeking intermediaries" I think of a different player than you do. See, Amazon makes my reading experience awesome. Your publisher? They have not made my experience awesome. I know they spend a lot of money on, e.g., typesetting and wood pulp. That must suck. I am having a hard time mustering up sufficient sympathy to back your publisher's attempt to charge me more so that I can subsidize the continued practices which result in 50% of print runs getting pulped.

Is Amazon's contribution to total awesomeness worth 70%? Eh, I don't know. I'm a software vendor. Google takes fifty cents out of the last dollar of sales for me (for advertising), despite the fact that I do all the "actual work". I use the scare quotes because if the last couple of years have taught me anything it has taught me that making the sale -- which is what Amazon does for you -- is a non-trivial bit of the business equation.

I don't see my profit split with Google as a moral issue -- I see it as a fairly simple business decision. To whit, I sure like getting that last fifty cents. I think I managed to get about $20 of your books on my trip to America. Now, I don't know whether you see $1 or $3 of that at the end of the day, but either is a darn sight better than $0, which is what your publisher is pushing hard for you to get from me.


The publisher's contribution is invisible, but awesome. Trust me, the books wouldn't be the same without them.

Amazon's visible contribution is ... well, there's something rather nasty happening behind the stage curtain.

Agreed, the mass market channel for paperback distribution must die -- everyone in publishing agrees on this (the 50% wastage is grotesque) ... just not until there's a replacement way for injecting cheap books into readers' eyeballs.


What am I missing here? Ebooks aren't fitting the bill? Because of low adoption?


I love your books, but "rent-seeking intermediaries" is a pretty insulting way to refer to the people that bring your words to me, isn't it? You've written enough economic reality into your work that I know you realize those truck drivers and store clerks are performing necessary work, and the "rent-seeking" is necessary so that those people get paid for their work.

And I know you must know this fact too- Ebook prices are going to come down, dramatically. It's going to happen, due to market forces. Publishers are going to have to adapt. There's not going to be a choice. They can lament. They can complain. That's understandable. I would too.

It's still going to happen.

Whether or not it's fair, or affordable, or even desirable.

So what's the plan to deal with that?


So what's the plan to deal with that?

Unfortunately, I can't answer that.

See also: http://www.antipope.org/charlie/blog-static/2010/01/the-mone...


Thanks for the link. I'm sure you and a number of other very smart people are trying to figure out viable paths. I know it's not clear what the right solution looks like, but it is pretty certain that it's going to involve disruption to the current model and discomfort to the current players.


If Amazon is saying that they don't like MacMillan's terms and decline to sell their books, how are they doing wrong? Like it or not, Amazon is not an actual monopoly, and readers who really want to find those titles can look elsewhere (such as bn.com). MacMillan has no particular right to sell through Amazon.


For the same reason you don't like WalMart putting such a low ceiling on prices that quality necessarily suffers.

It depends whether you want a book, now, for $5 less, or better books for the years and decades to come. Publishing is already in the thrall of fashion; forcing them into prices that are only sustainable at huge scale means more Dan Brown and less literature.


Actually, according to their Open Letter, Macmillan wants to sell you a book on Day 1 at $12-$15.


Actually, I don't want you to back MacMillan, I want you to back everyone else who is pushing towards an open, free format for eBooks. I think this includes Apple even if they aren't selling free books today. My understanding is that Kindle books can be played everywhere, but only purchased from Amazon, because they're in the distribution business. They want to monopolize distribution and commoditize players.

Apple go the other way. You can get all sorts of content for iPads, including eBooks from other sources. They want to monopolize the player market and commoditize the content. The best way to commoditize content is to make it completely open: witness their original "Rip. Mix. Burn" campaign that got them hated by the music industry, and Steve's famous call for an end to DRM.

All things considered, I'd rather fight Apple over hardware than fight Amazon over DRM. JM2C.


Actually, I'm picking a third choice: I'm pushing Macmillan for a DRM-free open format based solution. (And I'm pushing on a door that's ajar, but jammed: probably most or all of their editorial and many of their executive staff know that DRM is stupid, but changing corporate policy at a large, staid multinational headquartered overseas -- Macmillan is a subsidiary of Holtzbrinck -- is difficult and takes time.)

The real solution is for the publishers to switch from wholesale (via channels like Amazon) to direct retail. The agency idea is a step along the way, but not the whole way. Some publishers already have done this: Baen's Webscription web storefront, shared by some other smaller publishers, is a thriving example of Doing It Right.

Interesting piece of public information that not many people know: Baen is a private company, about 30% owned by one Tom Doherty, CEO of Tor, itself a subsidiary of Macmillan.


I would point out that, if I owned a Kindle, and yesterday I could buy a given book, but today I log in and find that said book isn't available anymore because the vendor of my Kindle is flexing their monopoly power, I'm not sure how happy I would be.

Now, let's try a metaphor. It will be a little clunky, since the situation isn't the same. But go with it for a second.

I see that Bingo Card Creator sells for $29.95. That seems awfully high. [1]

But suppose I've got my hands on the channel through which 50% of Bingo Card Creator's sales are flowing. (Perhaps I'm Google, and I both (a) run AdSense and (b) own a lot of the pipes down which your content flows.) And I'm starting up an app store. My deal for you is: You will license Bingo Card Creator to me for republishing at my app store, where all apps cost $19.95 flat rate. If you refuse, I'll cut off all the ads and distribution that connect you to over half of your customer base, and we'll see how long you can afford to defy me while your cash flow has been cut in half.

Of course, if you say yes to $19.95, your customers will be very happy. They will flock to my app store where the prices are lowest. Soon 75% of your customers will arrive through my channel. At which point I might decide to lower the price on your app to $9.95, flat rate.

I'm assuming that there is a price point below which you will go out of business, and below which your replacements will go out of business (even if I hire the cheapest labor I can find, and cut QA to the bone). You may prefer not to explore exactly where that point is, if only because you like producing quality products, and because it's nice to not be one temporary sales slump away from bankruptcy. But, thanks to my grip on your distribution channel, we will now perform that experiment, on my schedule and my terms.

Why hasn't this happened more often in web software? Perhaps because no monopoly controls a sufficient portion of the network. Perhaps because those with the power are scared of anti-monopolist legislation (which, in this context, we tend to call "net neutrality laws") and don't want to provoke anyone. Perhaps because software-industry mavens are very well practiced at picking up their operations and moving to a different channel literally overnight. Perhaps because software has a huge profit margin compared to print books, which provides healthy margin for emergencies. Perhaps because we've been lucky so far. And perhaps because, if and when Google does destroy entire industries by tweaking a bit in AdSense, they tend to be industries we don't like very much, and/or it tends to stay under the radar. [2]

My sense is that this moment isn't so much about publishers and authors trying to stave off the arrival of the internet. It's about an attempt to stave off a monopolist's control of their pricing and distribution.

---

[1] To a cheapskate. Cheapskates think all prices are high. People complain about high prices on the iPhone App Store, for god's sake.

[2] Note: I haven't seen any credible evidence that this actually happens, although people do complain about it now and then.


If you don't read the post

Publishing is made out of pipes. Traditionally the supply chain ran: author -> publisher -> wholesaler -> bookstore -> consumer.

Then the internet came along, a communications medium the main effect of which is to disintermediate indirect relationships, for example by collapsing supply chains with lots of middle-men.

From the point of view of the public, to whom they sell, Amazon is a bookstore.

From the point of view of the publishers, from whom they buy, Amazon is a wholesaler.

From the point of view of Jeff Bezos' bank account, Amazon is the entire supply chain and should take that share of the cake that formerly went to both wholesalers and booksellers.


The writer states: book publishing is notoriously, uniquely unprofitable, within the media world

Is he kidding? Macmillan occupies the famous Flatiron Building on Fifth Ave. in Manhattan. (It's the narrow triangular building shown in a lot of movies and TV shows.) If they can run their operations out prime real estate like that, then they are either profitable or mismanaged.


Ahem:

Tor (who are my publisher -- I've visited them there) occupy one of the 22 floors of the Flatiron, along with their fifty staff (total) who publish 300 books a year. They rent, the building's been bought, and they've been served an eviction notice of sorts -- the lease almost certainly won't be renewed; they can't compete with the hotel chain who want to turn the Flatiron into a des. res.

The Flatiron may be famous as the first steel-framed skyscraper (and the view from Tom Doherty's office at sunset is awesome -- the Empire State Building, backlit!), but it's an elderly and rather badly maintained building.


> Amazon are going to fight this one ruthlessly because if the publishers win, it destroys the profitability of their business and pushes prices down.

Wait. This guy is claiming that publishers are trying to push book prices down, and Amazon is trying to keep them up. This doesn't jive - Amazon has cut the prices of books so incredibly heavily since they came along, and had a very good shopping experience with reviews, excellent customer service, shipping, and so on.

I think people are afraid of any company getting too powerful because of the abstract concept - but myself, I'm starting to get comfortable with companies like Google and Amazon taking large share by being the best. If they get corrosive later, they'll have a few year window where they're still on top, but then someone will come and take them out. But I think the current leadership of companies like Amazon and Google is good enough that they won't make shortsighted bonehead decisions against their customers.


No, what I'm saying is that, of the $16 net price you pay for a hardback, you might think that the lion's share goes to the publisher and the author gets 10%, but the reality is that 70% goes to the distributors and booksellers while the author and publisher split 30%.

What Amazon have done is to sneak up on the distributor/bookseller pipes and merge them into one lucrative hose, and now they're playing both ends for their own benefit.

Amazon squeeze their suppliers, just like Wal-Mart. Amazon is already corrosive -- if you're a small supplier.


That hardcover which I paid $16 for likely has a list price of between $25 and $30. If the publisher was only paid 30% of that $16 sale ($4.80), that means they sold it to the distributor at a wholesale discount of over 80% off list.

Are any publishers really offering those kinds of terms, even to Amazon?


Hardcover list prices are pretty much pegged at $24 in the USA, ever since word went out within Borders (or was it B&N?) about eight years ago to stop buying hardcovers with SRP over $24.

Yes, Tesco (in the UK) and WalMart can and do demand discounts up to 70%. I have heard hearsay reports (I can't cite sources, due to confidentiality) of Amazon demanding 80% discounts off ebooks from British publishers -- which is why they only launched Kindle in the UK about three months ago: nobody would take them up on it.


But even if some resellers are getting titles for 70% off list price, that doesn't translate to them retaining 70% of the revenue from the sale unless they're selling the title at list price. No reseller with the market muscle to demand a 70% wholesale discount is selling those titles at list price!

Personally I think your figures ($24 list price, 70% wholesale discount) are edge cases, and don't represent a typical sale. But even if we take them at face value, in your example the publisher/author get $7.20 of my $16 and the distributor/reseller get $8.80. That's a 55/45 revenue split, not a 70/30 split.

This also assumes I'm buying at 1/3 off list, which is on the low side. Amazon is discounting bestsellers by at least 45%, with a select few going for 60% off or more. Example: Going Rogue, list price $28.99, sale price $13.50 (53% off). If Amazon's getting a 70% wholesale discount, HarperCollins gets $8.70 and Amazon keeps $4.80. That's a revenue split of 65/45 in the publisher's favor.

So: when I buy a hardcover that's been discounted down to $16, the actual reality is that the distributor/reseller is not making twice as much on the sale as the publisher/author -- it's more like a 50/50 split.

None of which is to say I support Amazon OR Macmillan's position in this particular battle (they're both wildly overreaching, IMO). I just think your example inappropriately conflates two different things.


So they'll fare better with the Kindle--70% of $9.99 with no printing or shipping expenses.


Ah, but the devil is in the small print ... (which is a lot less favourable than that headline figure suggests).


Could you elaborate? AFIK the "fine print" is the requirement that the ebook be at least 20% cheaper than the dead-tree version, that it be priced under $10, that you don't price it lower on some other store and that you enable stuff like text-to-speech. Maybe I'm not thinking like a publisher but that all sounds pretty good.


You missed out "and Amazon can set the price they sell it at".

So: you (the publisher) guarantee not to sell ebooks for less than $9.99 elsewhere, and not to publish a dead tree edition for less than $12 ... and Amazon are free to cut their competition off at the knees, sell books for $6, drive their competitors into extinction, and then can raise their price to whatever the market will pay.

Meanwhile, as the author's royalties are a percentage of the SRP, that 10% of SRP cut they're due -- $1.20 of a $12 title -- comes out of whatever Amazon pays you -- $4 in the case of a book they choose to sell for $6 on Kindle. The SRP is set to reflect the price at which the publisher expects to sell enough books to gain sufficient sales to break even -- assuming a 40-50% discount. If the discount goes to 70%, they're in the stinky stuff up to their eyeballs. That $12 ceiling is forced on what was formerly a $24 SRP, and a $14-16 expected sale price. The money has to come from somewhere, and it ain't going to come out of Jeff Bezos' wallet ...


Sure they'll have to give up some control, but they'll sell more units and make more money on each. All without having to fire up a printing press. The future is moving on with or without print book publishers, they should hop on while they have the chance.




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