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Bedtime for Bezos: OR Books Says "Thanks, But No Thanks" to Amazon

Posted: 03/22/10 01:42 PM ET

Amazon, the world's largest book retailer, is once again throwing its substantial weight around. Having been forced in January to allow big publishers to set the price of their own eBooks on the site, Amazon is now fighting a rearguard action with the smaller houses. According to The New York Times of March 17th, Amazon "has threatened to stop directly selling the books of some publishers online unless they agree to a detailed list of concessions..."

At OR Books, the new start up by myself and John Oakes, we have simple message for publishers being menaced in this way: You are in an abusive relationship. It's doing little for you that you can't do better yourselves. It's time to say "IT'S OVER".

With sales of $24 billion in 2009 (up 26% on the previous year), Amazon didn't get to where it is today by being touchy-feely. This is a company, after all, founded by Jeff Bezos, a man so devoted to the cold science of calculation that, for evening companionship after a hectic day on 80s Wall Street, he developed a system called "women flow", a variation of finance's "deal flow".

Amazon has resolutely opposed unionization in its warehouses on both sides of the Atlantic. And it has shown equal determination in refusing to pay state sales tax, utilizing a fiscal loophole that disadvantages local businesses and deprives states of much-needed revenue. It spent nearly $600,000 in just the last three months of 2009 lobbying the federal government on the issue.

In the battle over pricing of eBooks the company's steely calculus has once again flared to open aggression. Struggling to secure the future of its eBook reader Kindle, it wants to sell all e-titles at $9.99 or less. Publishers are worried that such cheap prices will eat into sales revenues of their conventional books.

Two months ago Amazon removed all of the buy buttons for Macmillan's titles from its site after the publisher insisted on setting its own prices. A tense stand-off followed before Amazon backed down, displaying characteristic contempt for the very idea of a publisher as it did so. In an unsigned letter to its customers it claimed it was being forced to accept Macmillan's terms "because Macmillan has a monopoly over their own titles." The Emperor had been exposed, if not as naked, at least as wearing armor with some serious chinks.

The stakes here are high: Apple's iPad is about to arrive on the market and five of the six largest publishers have already persuaded Apple to agree to terms allowing eBook sales on the device at prices of their own making. With its biggest competitor taking this stand, chances of a successful Amazon hold-out seem remote. But everything about its history suggests the company will go down with knuckles bared. Publishers who dissent can expect more tough offers that are difficult to refuse.

Thankfully, that's not a problem we face at OR Books. In starting our new publishing company we looked hard at what Amazon costs a small publisher, and what it provides in return. We decided it wasn't worth it; that we would be better off on our own.

To sell our titles, Amazon would require a discount of 55% or even 60%, that's $11 or $12 on a $20 book. Amazon would use some of this money to discount the book to its customers -- that's what gives it its edge. If, as a publisher, you try matching their reduced price, Amazon will insist your new, lower price is the basis for their discount, so they can cut their price still further. That makes it pretty much impossible for you to compete with direct sales to your customers.

For their very substantial take on a book, Amazon will rarely do more than simply make it available. Rather than going out and finding customers, it waits for them to come to it. And, of course, plenty do -- Amazon.com received 615 million visits in 2008; the company has 50 million customers annually.

But at OR Books, our calculation is that, for the amount of money we would have to give Amazon, we can do a better job finding customers ourselves. We know who our audience is, we share their interests, we visit the same websites and read the same writers. We empathize with them in a way that is impossible for the Bezos behemoth.

Orbooks.com will never, remotely, be a destination site in the manner of Amazon.com. But by investing our money in clever advertising and extensive online mailing, in imaginative viral video and lively author events, we are heading out into the world to the places where our potential readers already congregate.

When we arrive among them our pitch is not that of a big corporation fighting ruthlessly for market share. It's that of a couple of editors who love the books they publish and hope to convey their enthusiasm to like-minded readers. For every e-mail we get querying why our books are not available on Amazon, we get another saying how much our new approach is appreciated. We're keeping all the addresses; they'll be hearing from us again.

It's early days but it seems to be working. Our first book "Going Rouge: Sarah Palin -- An American Nightmare" became a New York Times bestseller. Now orders are pouring in for our second title, Norman Finkelstein's biting philippic "This Time We Went Too Far: Truth and Consequences of the Gaza Invasion." A collection of short stories by the renowned modernist writer and editor Gordon Lish is up next. You can check out or books on www.orbooks.com. Just don't look for them on Amazon.

 
Amazon, the world's largest book retailer, is once again throwing its substantial weight around. Having been forced in January to allow big publishers to set the price of their own eBooks on the site,...
Amazon, the world's largest book retailer, is once again throwing its substantial weight around. Having been forced in January to allow big publishers to set the price of their own eBooks on the site,...
 
 
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10:56 PM on 04/22/2010
Amazon may be good for those who are on their own and first time authors. It helps to get ones feet wet. As far as serious book business goes however Amazon is not the way to go. It is not professional and anyone can do an ebook there. How many people have we met who are doing the great American novel. Well too many for my taste. Most writers are simply no damn good at what they do. They would be better off as washroom attendants. Decent writers are very hard to find, and I am not even talking about good writers just decent writers. Basically Amazon is becoming a collector of junk works. I would rather pay more from an established ebook house than go to Amazon. Amazons mistakes also include the fact that they only offer black and white, Their pricing is wrong. Ebooks need to be appropriately priced at from 12.95 to 16.95. Those are the industry pricing standards that will hold. Their author contract sucks the big one also.
08:18 PM on 03/25/2010
Bezos has been acting more like Meyer Lansky than a business man with the publishers.
I'm glad they found a friend in Apple. It will save the smaller publisher and the smaller book seller for a little while anyway.
11:59 AM on 03/24/2010
.....we have simple message for publishers being menaced in this way.....

Aw, poor you. Poor little publishers. Charging how much for an eBook? Spare me your pain or your wrath.

I think I'll stick with Amazon, who has treated me well since day one.
12:13 PM on 03/23/2010
Continuing my comment from above (sorry I am apparently long winded)

As for the sales tax portion, I think other commenters have in fact pointed out the fallacy of the assertions.

As for the books from the pub he stated, " Our first book "Going Rouge: Sarah Palin -- An American Nightmare" became a New York Times bestseller." What the blog author fails to mention is that the book in question is a bestseller because it is available at retailers everywhere and had to be copublished with a recognized publisher in order to get that distribution. No other book of theirs will get to that level if the only distribution channel is their website (simple NYT Bestseller rules, must have sales from multiple distribution channels).
09:20 AM on 03/24/2010
Exactly. You might need to charge $20 for a hardcover for the cost of typesetting, printing, production, and delivery. With an ebook, the costs are mostly typesetting (formatting for ebook compatibility, which can be relatively simple to do) and "delivery" - over the internet. And if Amazon gives you a platform for that delivery that does not involve registering with another site and exposing your credit card information to another site, etc., and downloads and displays seamlessly on your device without having to be connected to a USB cable... well, considering that the ebook doesn't cost you anything to print and mail, maybe your price of $20 is a little... marked up?
12:13 PM on 03/23/2010
Give me a break. I despise band-wagoners. There are so many fallacies in this post that it amounts to a load of crock. The author is acting like a sheep and shortsightedly repeating an old, tired and incorrect statement, rather than doing the necessary research . The argument has never been about publisher's setting their prices. The argument was about the right that any retailer should have to set the price at which they choose to sell the goods at to their customers.

As a customer yes I want the lowest price available for most things. There are some items that I will pay a premium for ( collectible books, illustrated items etc and even an early release premium for Kindle editions (assuming that they are available 24 hrs before the print edition). As a Kindle user, I have to say that I have bought year to date over twice as many books as all of last year, this includes both digital and physical books. I have saved money by buying some cheaper ebooks, monies that I have reinvested in purchasing collectible copies and select hardcovers that I want physical copies of for my bookshelves at home. I have also been more willing to invest in new first time authors. All made possible because of the lower cost of ebooks.
12:00 PM on 03/23/2010
Having dealt with Amazon for several years, I have found them customer friendly and vendor-hostile. They simply will not deal fairly with those who provide product for their unique sales channel. While unique, it is NOT exclusive and, while it sells millions of books and other products, it is a classic "Long Tail" enterprise that sells very little of any particular item. Not enough to justify doing it their way. My book "The Shenandoah Spy" is on offer all over the world and not just from Amazon. We work within the normal distribution system. Our direct sales are few in number. So are our sales on Amazon. It's just another channel. I agree that it is time for vendors (not just publisher, but all vendors) to stand up to Amazon.com's bullying tactics. The most egregious of these is the inclusion, without permission, of an audio capability on the Kindle. This harms the ability of a publisher to make a deal for a separate audio book edition. That's a billion dollar market. The choice whether or not to bundle these rights is the copyright holder's, not a retailer's. I pulled the Kindle edition of "The Shenandoah Spy" for that very reason. The loss was minimal. Kindle sales were less than one percent of the total. NO attempt was made by Amazon.com to negotiate over the issue. It was "our way or the highway." I choose the latter.
07:34 AM on 03/23/2010
We are a sleepy publisher in Australia who do not worry about all those aggressive testosterone driven businesses in the northern hemisphere. We do our own thing similar to OR Books and do it very well thank you very much.

It's not just about money, if you have a highly regarded brand and really look after and respect your customers you win hands down - every time.

Think I'll head for the beach and listen to one of our audio books or maybe, I'll select one of our eBooks - or maybe I'll learn about something from one of our video recordings. After all, I don't have to decide until I am on the beach as they are all nicely tucked away in the cloud.

So...
Thank you Google for rewarding our SEO.
Thank you internet for giving us the wide world beyond our shores for the price of a few carefully selected keywords.
But most of all, thank you for rewarding the innovative -- and those who saw many years ago the significance of building strong author relationships and truly owning digital world rights to all things good.

Just a thought, didn't someone recently say, "Content is not King, it is the Emperor". Do Amazon actually own content? If not -- BIG ERROR JEFF... Would make my testosterone surge that's for sure.

What a great time to be in publishing!
05:25 AM on 03/23/2010
Just yesterday I was telling a friend how much I enjoyed a book and she asked me to lend it to her. Of course I said "yes" but then remembered that it was in my Kindle, so I couldn't. The point of this is that more books will be sold just because you can't borrow books from Kindle or even transfer books from your computer into someone's Kindle. As much as I like my friend, I'm not loaning out my much loved Kindle. She can buy it herself at a very decent price.
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alex98
Dulce bellum inexpertis
03:16 AM on 03/23/2010
amazon "refusing to pay state sales tax"

I guess OR Books needs to hire a fact checker .....
10:37 AM on 03/23/2010
alex98 -

Actually, you're the one who needs to check your facts. You can start here, with a comprehensive study by the Center On Budget and Policy Priorities:

"Amazon’s Arguments Against Collecting Sales Taxes Do Not Withstand Scrutiny":
http://www.cbpp.org/cms/index.cfm?fa=view&id=2990

Or this:

"New York’s 'Amazon Law': An Important Tool for Collecting Taxes Owed on Internet Purchases":
http://www.cbpp.org/cms/index.cfm?fa=view&id=2876

Incidentally, NY's so-called "Amazon Law" stood up to Amazon's challenge last year in the NY Supreme Court. Amazon owes this money, and they know it.

"NY Court Dismisses Amazon.com's Challenge to Invalidate Nexus Tax Statute":
http://bit.ly/bdmW0T

And what about states in which Amazon has not only sales affiliates which, according to the NYSC, "creates substantial nexus for purposes of collecting sales taxes," but actual distribution centers? Acres of concrete, tens of thousands of bricks, and millions of dollars in inventory -- how is this not a "physical nexus"?
11:07 AM on 03/23/2010
Dear StoutHouse,

Collect and pay are two different words.

Amazon does not believe it has an obligation to COLLECT sales tax in most states - you may, of course, disagree.

In NY state Amazon does COLLECT the sales tax and then pays it to NY state.

As for the NY state legal decision, I believe that Amazon is appealing the decision. I would not be surprised to see it make it all the way to the Supremes. Should be interesting, no?
02:48 AM on 03/23/2010
I love Amazon. I also love Barnes & Noble and Borders and just about any bookstore, but Amazon is just so reliable and competent and they do have the best prices. For those for whom paying $15, say, for a paperback is shocking, Amazon is a welcome bookseller. They know how to do e-commerce well and have from the beginning, and always improving.
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brettrobbins
05:41 AM on 03/23/2010
So?
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LiberalDem
09:05 AM on 03/24/2010
And if the day comes when Amazon has driven their competition into bankruptcy and then raises prices, will you still love it?
04:10 PM on 03/24/2010
You've set up a dark, angry hypothetical. I am a reader; I love books. I also love libraries. Do you hate libraries for the same inadequate profit/competition reasons you seem to hate Amazon? I am just a reader. I don't really want to be embroiled in all the inter-corporate greed-mongering. I think Amazon has been a very good thing for the reading public. While books are still quite expensive, we can still find affordable books, including used books on Amazon. Do you really think that the reading public should have as its guiding principle enhancement of profits for publishers, booksellers, et al? It is already an expensive love, even for one who uses libraries a great deal. I spend a lot of money at bookstores, brick and mortar and online, and I am a person who choose to pay an outrageous price for a new book when I want to let the author know I love him/her and want him/her to have that money. I don't think Amazon is a monster. I think Amazon has filled a need and a niche; otherwise they would not still be in business, be as successful as they are, would not have such a loyal customer base as they do. I have never been cheated by Amazon (knock on wood), but I have been cheated by other merchants, "mom and pop" and bigs. That merits my loyalty and appreciation.
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ckmotorka
01:57 AM on 03/23/2010
Ebooks might impact sales of print books? Well, let's hope. I don't have an ebook reader yet, but I plan on having one. And any publisher that tries to claim they need to sell an electronic file that once it is created takes up no space but a few electrons, doesn't need to be stored anywhere but in a tiny partition of a drive somewhere, and can be duplicated and sold instantly without additional resources at the same cost of a hardcover print edition should be slapped silly.
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01:17 AM on 03/23/2010
I really can't stand Amazon or the way they do business.

I loved them in the early 1990s. They were friendly and responsive. Then suddenly one day they turned into this monster and they've been downright nasty ever since.
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brettrobbins
05:41 AM on 03/23/2010
So?
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12:09 AM on 03/23/2010
Nothing unique here. This occurs everywhere in retailing. Some suppliers (like Macmillan) can force a retailer to sell at their suggested retail price. Other small suppliers can not force a large retailer to do that so the retailer can discount the product. Frankly it is better for us consumers to see the price get discounted. Well no discounts if you are buying a book published by Macmillan or Or Books. I prefer the retailer set the price and discount it so I pay less. Sorry Or Books but I don't want to pay full price and provide you with all the profits you want.
10:23 PM on 03/22/2010
It seems to me that Amazon is behaving in an anti-competitive manner, using its vast market penetration to bludgeon publishers into accepting terms that they cannot possibly survive with. In effect, Amazon is threatening the survival of those who create the content it sells. By doing that, it threatens its own survival. It's the existence of the publishers I am concerned for. And this isn't a boy crying wolfe, as the record companies have been doing. Most small publishers make razor-thin profits, and most authors do not become wealthy writing books.

I've been a shopper on Amazon since the early days, but after the stunt with the McMillan books, I've started shopping elsewhere and getting prices equivalent to what Amazon was giving me. I can do without corporate giants, and virtual monopolies, thank you.
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songbookz
Liberal, Christian, Poet, Humorist, Grandpa
09:58 PM on 03/22/2010
I have a Kindle on which I read Kindle books and listen to Audible audio books (and purchase more titles of each than I should each month). For me, unless a book is available in one of those formats, it doesn't exist.
10:27 PM on 03/22/2010
"For me, unless a book is available in one of those formats, it doesn't exist."

Such sentiments, when I hear them, make me sad; it reflects an emphasis on the medium to the detriment of the great thoughts being expressed. It is an attitude of impoverishment that is all to common these days, because it signals that we are turning our backs on the great literary achievements of all the past generations.
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alex98
Dulce bellum inexpertis
03:25 AM on 03/23/2010
" it signals that we are turning our backs on the great literary achievements of all the past generations."

I'm sure Gutenberg also had his critics who preferred their reading material on scrolls and handwritten books and considered his books sacrilege.

That being said I love reading books made of paper, but I also recognize that there is such a thing as progress and I suspect the e-readers as we know them today are just the crude beginnings.