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Senior Executive Indicates Random House Could Steer Clear of Price-Fixing Cabal

Thanks to Bufo Calvin at I Love My Kindle for turning my attention to some fascinating remarks last week by Madeline McIntosh, who returned to Random House in early November in the newly created position of President, Sales, Operations, and Digital. Speaking in San Jose at the Winter Institute of the American Booksellers Association, McIntosh separated herself and Random House dramatically from what had previously seemed like lockstep among Big Six publishers around issues of pricing control over ebooks.

According to a report at Publishers Lunch:

McIntosh took on pricing control directly as one of the reasons Random House has “not acted quite as quickly as others.” She expressed a series of concerns that publishers “have no real experience at setting retail prices….”

She cited a recent visit to Powell’s, where with used books and new books sitting on the same shelves “they set the prices on every single unit in a unique, demand-based way.” But more importantly from her perspective, up until now “our authors have not been at risk if you make a different decision about how to price a given book, so it didn’t actually affect our author if a given retailer decided to aggressively discount a certain segment of books. The benefit…is that we have been able to sustain a great variety of different authors at different levels.”

On the windowing of releases, McIntosh expressed a personal opinion and noted “there are a lot of divergent opinions at Random House,” but she is “not convinced that delaying an ebook will be to the benefit of either the author or the consumer.” She prefers not to lose a potential sale because an ebook version is not available and also does not want to “create an adversarial relationship” with ebook readers or “train those readers that instead the best way to get that digital copy is to download it for free.”

Instead of through changed pricing models, McIntosh said “the best value we can offer in the digital world will be about embracing what we already know how to do well…. Our best asset is our editors.” She spoke about “allowing digital to force us to reinvent ourselves as editors” as Random looks at ways “to contract and deliver content that is a whole range of different lengths, and bring ideas to market in a much faster way than we can when its print.” For the future, she is less excited about “just about creating a digital version of a book or adding bells and whistles” but wonders instead “do we need to push ourselves into an area we really don’t know anything about, which is thinking about developing applications.” She sees the process as taking a brand and conceiving of “what would be compelling to a consumer…that would make us still relevant as a content producer” in a new way, admitting that they don’t have the answers yet–just the question.

It’s good to see some engaged, intelligent, independent thinking by someone in a position to influence how the ebook pricing saga may actually play out.

Amazon’s Recent Moves and Kindle Owners’ Survey Suggest New Responses to Publishers’ Prix Fixe Play

By Stephen Windwalker
Originally posted February 7, 2010 at Kindle Nation Daily – © Kindle Nation Daily 2010

Related posts:

When the Big Six publishers and Apple’s Steve Jobs began conspiring recently to raise ebook prices by 30 to 50 percent from the Kindle Store standard of $9.99 for bestsellers and many new releases, it may have looked at first like curtains for Amazon’s powerful hold on the fast-growing ebook market. Amazon’s first move — referenced on the blog as its “Delete You” tactic against MacMillan titles — even seemed a bit petulant to some observers, especially when the retailer turned around a few days later and said that it would have to capitulate to MacMillan’s pricing demands.

The publishers are in a powerful position, and it may indeed hurt sales of the Kindle — and of the publishers’ own bestsellers — if in a few weeks we find that few ebook bestsellers are available any longer at that $9.99 price that has become so popular in the Kindle Store.

But it turns out Amazon has some arrows left in its quiver.

First, it is clear now that, whatever its intentions, Amazon’s “Delete You” play was very effective in educating Kindle owners about the pricing controversy that was going on behind the scenes. Among the first 1,032 respondents in the current Winter 2010 Kindle Nation Citizen Survey, 71 percent agree with this statement: “By dropping MacMillan books, Amazon took stand vs. high-priced ebooks.” 11 percent disagreed with the statement, and 18 percent didn’t know or didn’t have an opinion.

The importance of this customer education, with its obvious subtext that “it is the publishers, not Amazon, who are behind the price increases in the Kindle Store” is that it helps to preserve a special relationship between Amazon and those of its customers who are Kindle owners. Most Kindle owners are extremely loyal customers, and we buy a lot of books. You don’t just have to take my word on these matters, because they are quite evident from other data provided by respondents in our current survey:

  • 88 percent have positive or very positive feelings about Amazon, but only 19 percent have positive or very positive feelings about the Big Six publishers. 
  • 70 percent agreed (and only 13 percent disagreed) with the statement that “Jeff Bezos & Amazon have my back, & I know they price things to sell.
  • 33 percent said that since acquiring a Kindle they annually buy more than 30 Kindle ebooks that are priced between 99 cents and $9.99, while another 30% said they buy 15 to 30 such books.

What will Kindle owners do if the prices of bestsellers priced previous at $9.99 increase by the 30 to 50 percent threatened by the Big Six publishers? Currently, according to our respondents, only 3 percent buy 15 or more ebooks a year in the $10-and-up price range. For some customers, that will change: 37 percent agreed with the statement that “I will probably pay $10 to $14.99 for new ebook titles if necessary,” while 54 percent disagreed.

But there are also some strong indications that this group of very active readers may be ready to make an interesting pivot in consumer behavior, one that may be reminiscent of changes in behavior in the audience for music and film in the past few decades. As these forms of entertainment became accessible in different formats and at different prices, and the costs of production and distribution declined, audience grew dramatically for music and movies with various forms of “indie” branding. In the current Kindle Nation survey, we found strong identification with the following statements:

  • With recent ebook price wars, I’ve become more price-conscious. 72 percent agreed, 22 per cent disagreed.
  • With higher bestseller prices, I’ll buy more backlist or indie titles. 60 percent agreed, 21 per cent disagreed.
  • I’ll look to buy ebooks by authors who provide Kindle exclusives. 48 percent agreed, 28 per cent disagreed.

It should come as no surprise, of course, that Amazon — and some other forward thinkers — are racing to keep up with, or in some cases help create a market for, changes in what we read and what is published. While Amazon is certainly not about to turn its back for long on bestsellers at whatever prices they are made available, there are some exciting channels opening up which will lead to expanded selection of unique content in the Kindle Store, including:

  • A high likelihood that we will soon see a significant number of bestselling or established authors eschewing agents and traditional publishers to publish their new work directly to the Kindle platform and other new technologies, as novelist Anne Rice recently hinted she might do in direct posts to an Amazon community threat that she initiated late last year.
  • Amazon’s recent announcement that its own do-it-yourself “Digital Text Platform” will soon pay 70 per cent royalties directly to any authors who choose to publish and market their work there in the $2.99-to-$9.99 price range. Even the English majors among established and successful authors may be sufficiently able to do the math that they question whether traditional publishers do enough for their authors to justify paying royalties of only 17.5 percent (the rate authors will get under the agency pricing model upon which publishers are insisting) compared with the 70 percent rate promised by Amazon.
  • Authors, meanwhile, are beginning to organize to protect and advance their independent publishing interests through initiatives like the fledgling Association of Independent Authors that may inspire more and more creative work for direct publication through the Kindle platform and other new technologies.
  • New publishing ventures such as Rosetta Stone and Jane Friedman’s Open Road Integrated Media are making a major investment in helping both established and emerging authors and their representatives to protect and assert their ownership of their digital publishing rights so that they can bring their own work to the Kindle and other platforms under more favorable terms than the 17.5% of retail list price being offered by the Big Six publishers for ebook royalties.
  • Recent deals by Amazon to publish a growing number of Kindle backlist exclusives or new short fiction by prominent authors such as Paulo Coelho, Stephen Covey, Ian McEwan and, through the auspices of the Atlantic Shorts program for the Kindle, Curtis Sittenfeld, Edna O’Brien, Paul Theroux, Jennifer Haigh, Patricia Engel and Christopher Buckley and others.  
  • The announcement this weekend by the British Library, courtesy Andrys Basten’s A Kindle World post, of a joint venture involving Amazon and Microsoft that will bring 65,000 works of 19th century literature to the Kindle, free of charge for Kindle users (although it is unclear if duties and wireless charges will be added for U.K. customers.)
  • Through initiatives such as Amazon Encore, the Amazon Breakthrough Novel Award, and its direct publication of public domain works for the Kindle, Amazon is beginning to venture beyond merely dipping its toes in the water of ebook publishing, so that within another year or two I will not be surprised to see hundreds or even thousands of new titles published directly by Amazon in the Kindle Store.
  • And last but not least, Amazon’s announcement on job boards this week that it is “seeking a uniquely-qualified individual to help drive selection of unique content for Kindle:

The position of Kindle Unique Content Specialist blends vendor management with creative and technical aspects of product development, and requires enthusiastic dedication to delivering to our customers unique, engaging, and multidimensional content designed especially for Kindle. To this end, the Kindle Unique Content Specialist will: Use customer feedback, industry news/trends, and Amazon data to identify categories and genres in which unique content will add key selection, amplify Kindle’s distinctive functionally, and further enhance/add value to the Kindle customer experience.

Where will it all lead?

We’ll see. We’ve just witnessed a strange and upside-down economic event where, in the hands of Steve Jobs and the Big Six publishers, “competition” has somehow led to higher rather than lower prices for the consumer.

What’s clear is that Amazon has no intention of biding its time while the publishers and Jobs do their dirty work. As often happens when the dinosaur sector of any industry goes head-to-head with cutting-edge, forward-thinking elements, the dinosaurs may convince themselves they are winning the battles only to discover later that the outcome of the war depended on other battles about which they never heard a word until it was too late.

Publishers and authors may be trying to convince each other that they are at war with Amazon, but they have been acting like they were at war with their own readers. Readers won’t stand for it, and Amazon is likely to do plenty to empower us by giving us more choices at better prices.

Today’s Question for High School Civics Class or Harvard Law School Students: Can a competing retailer (Apple) really dictate individual item prices to another retailer (Amazon) by colluding with a publisher/wholesaler (MacMillan)?

By Stephen Windwalker

  • Originally posted February 1, 2010 at Kindle Nation Daily – © Kindle Nation Daily 2010

I received this email overnight entitled, “Steve, Stock up on Audiobooks for Less,” and it got me thinking, which is always dangerous.

Yesterday, as Kindle Nation and others were fanning the flames of consumer revolt against the inside-dealing, self-dealing, double-dealing, dealing-with-the-devil tactics of Steve Jobs, Apple, and the big publishers who are conspiring to send ebook prices into turmoil, Amazon took what seemed in the moment to be a surprisingly meek move: it apparently threw in the towel with an announcement on one of its own community forum pages that “ultimately … we will have to capitulate and accept Macmillan’s terms.”

Then I received that email from Audible.com, which is owned by Amazon, showing me a picture of an iPod Touch and urging me to buy a ton of audiobooks and listen to them on my iPod Touch. That’s an Apple device, by the way. I don’t happen to own an iPod Touch myself, although I have given them as gifts to my son, one of my daughters, and my girlfriend. I do have an Audible.com account, and in most cases I listen to the associated audiobooks on my Kindle. In about three months I’ll be getting a 3G iPad, now that I am persuaded that the iPad will run the Kindle App, Skype, and my blogging service. I own a little Amazon stock, and my best friend owns a little Amazon stock and a little Apple stock. Not enough in either case that it would ever affect what I write in Kindle Nation, but enough so that I occasionally think about what Amazon does not only from a Kindle owner’s perspective but also from a shareholder’s perspective. Since I make limited use of my cellphone, I’ll probably cancel my month-to-month Verizon wireless account in favor of using Skype on board that iPad, although my sister works for Verizon, and the savings will pay the wireless costs for the iPad. Perhaps I won’t mention this to my sister when we have dinner next week. I’ll continue buying a lot of Kindle books and subscribe to Kindle blogs, newspapers, and magazines, and I will probably even buy books published by MacMillan, although I will not spend over $9.99 for them unless they involve a clear case of some expensive technical or professional book for which the dead-tree edition would be priced at least 20% above the Kindle edition price. I will even continue, occasionally, to buy a paperback or hardcover from MacMillan or other publishers. I have nothing against paperbacks or hardcovers now and then, and I was even charmed recently that one of Japan’s largest business publishers contacted me through an agent and offered me a nice sum for paperback Japanese translation rights to my Kindle guide. I’m just glad the publisher in question isn’t part of MacMillan’s global publishing empire, because that would be just too confusing.

Er, what’s my point?

It’s just that all of this is very confusing and entangled. And if it’s confusing for me, can you imagine what it’s like for Jeff Bezos? However much he and his Kindle team might like to take names and kick ass in these battles over ebook pricing, it’s certainly reasonable for Amazon’s shareholders to expect the company to play nice with its vendors and even with those competitors, such as Apple, with whom it is involved in various strategic or de facto partnerships (what I mean here, for instance, is that the availability of the Kindle App on the iPhone, iPod Touch, iPad, and Mac are extremely beneficial for Amazon, just as it is also extremely beneficial to Amazon to be an authorized reseller of most of these devices in the Apple-branded store at Amazon.com.

So, yes, I was disappointed to read Amazon’s apparent capitulation yesterday. When I read the last line where Amazon said “Kindle is a business for Amazon, and it is also a mission,” I wondered if it have been more transparent to change a few words so that it read “Kindle may be a mission for Amazon, but at the end of the day it’s all just business.”

Maybe that’s fair, but maybe not. It is clear to me that Amazon is treading carefully here, and setting things up for future strategic steps.

Amazon might be in a better position to charge some of the other players with price-fixing and anti-competitive collusion, after all, if it takes a step back (as it has just done) and lets things develop a bit:

  • if it restores MacMillan titles to the Kindle Store (and the main Amazon store) and MacMillan sets exorbitant and, more to the point, fixed prices for its ebooks;
  • if the other Big Six publishers all move into lockstep with MacMillan and insist upon $12.99 to $14.99 ebook price points combined with the “agency model”; and
  • if the entire scenario plays out just as Steve Jobs said it would.

Perhaps I am working too hard at harvesting inferences from Amazon’s statement yesterday, but given what I have already said about treading carefully here, I have to think Amazon chose its words — especially its use of the word “monopoly” — very carefully. Corporations seldom throw such words around without consulting with their in-house counsel.

Such consultatons, or any related communications that Amazon or its barristers might be holding these days with representatives of, say, the Federal Trade Commission, might properly revolve around some fairly simple questions:

  • Can publishers — or any wholesalers, for that matter — really dictate individual item prices to retailers?
  • To focus a little more precisely on what seems actually to have happened in this instance, can a competing retailer (Apple) really dictate individual item prices to another retailer (Amazon) by colluding with a publisher/wholesaler (MacMillan).
  • What about “it’s a free country?”

Perhaps Amazon will rely on market forces to sort these issues out over time, or perhaps it will seek the intervention either of the courts or of regulatory agencies. Amazon may also be reticent to engage ebook pricing issues in a courtroom if it feels that some of its own strategies may be vulnerable to judicial or regulatory scrutiny, given the claim by some publishers that the Kindle Store currently has an effective monopoly with respect to ebook content, with 90 per cent market share.

But to the extent that either the Big Six publishers (Random House, Hachette, HarperCollins, Macmillan, Penguin and Simon & Schuster) or their authors believe that they will somehow protect themselves from Amazon by lying down with Steve Jobs and Apple, an old caveat comes to mind: “Be careful what you wish for.”

For starters, don’t underestimate the market power of Kindle Nation’s citizens. Neither Kindle owners nor iPad/iPhone/iPod Touch owners nor those who have both are stupid, thank you very much. Price points matter enormously in influencing sales velocity. The same downward pressures that we have all seen on Kindle ebook prices and for that matter on discounted hardcover prices have also been a powerful force in Apple’s Apps store. If you are thinking that Steve Jobs’ 125 million i-customers are suddenly going to start springing for $14.99 ebooks, well, that’s just silly.

Publishers would be wise to spend a little time going to school on the rise and fall of the music industry as chronicled in Steve Knopper‘s Appetite for Self-Destruction: The Spectacular Crash of the Record Industry in the Digital Age. It’s available in hardcover for $26 (discounted to $18.82 by Amazon), in paperback for $16.95 (discounted to $11.53 by Amazon), and a Kindle edition for $10.38.