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Protecting Copyright on the Internet

The two laws before the United States Congress that address piracy of intellectual property, SOPA and PIPA, have been put on hold. While most lawmakers favored the laws, the public, in support of the very vocal and influential opposition to the laws (Wikipedia, Google, Facebook, Yahoo to name a few) have convinced congress that these laws as written are bad for the Internet and therefore bad for users. Both laws were written to block access to sites containing unauthorized copyrighted material, that is films, books, TV shows, magazines, articles, music, etc. Most of these sites are foreign, and there is no doubt they steal content and harm the authors and creators of the works they appropriate.

But the opposition says the cure is worse than the disease. Wikipedia staged a 24-hour blackout to its English-language site this week to draw attention to the depth of its concerns about what it believes would be the devastating impact upon its site, and on the Web in general, should either of the laws be enacted as they now stand. Wikipedia agrees that piracy is a critical concern that must be addressed. But Wikipedia and others claim the laws would require these sites to monitor the materials posted and remove all pirated material at great cost to them. Advertisers, payment processors, and internet service providers would be prevented from doing business with those who infringe on copyrights. Search engines, such as Google and Yahoo, would be required to remove all infringing sites from their sites.
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The Nook's Unknown Future

Trying to keep up with the changing face of publishing and book distribution can be exhausting. Now, in what seems like an inexplicable reversal to me, Barnes and Noble is considering spinning off the Nook. By that, I believe, the company means they are considering launching another company, perhaps a stand alone corporation, perhaps a subsidiary, to take over the technological research and development and the actual manufacturing of Nook devices. I'm sure the hope is that this sort of move will help Barnes and Noble itself appear to be more profitable, as the cost of producing devices has resulted in corporate losses in recent months. I'm sure it is also hoped that such action will result in attracting additional investors for what is sure to be a sustained need to put added money into making more sophisticated e-readers that will keep up with the competition - Amazon's Kindle, i-Pad, Google's reader, and Kobo. But what would actually happen if Barnes and Noble and Nook part ways?

As things have evolved, Barnes and Noble's physical stores and its digital business are enmeshed. Each store has a major display of Nook devices and promotional materials about their e-reader and e-reading. Continuing that relationship might prove difficult if the companies are separate. Nook has developed relationships with publishers which, may or may not continue if the device and the content become detached.

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2011 - The Year in Review for Authors

As I look back at the posts I have published this year, it seems 2011 was filled with turmoil, transition, and anxiety for the book publishing industry and with growth and opportunity for authors. The industry continues to change, and for those who ran the show for decades, if not centuries, change is threatening and frightening. But most people agree that the net gain for authors and readers outweighs the costs of transition.

There have been casualties indeed: Borders was forced to close all its stores and declare bankruptcy. There has been turmoil. The law suits and legal action continue to expand as the Author's Guild vs Google suit and settlement remains unresolved. Now we have class action suits filed against large publishing companies and Apple for price fixing on e-books; opponents and proponents of the Stop Online Piracy Act being brought before a House committee make dire predictions about copyright laws; and the FTC asserts its power to protect privacy by auditing Facebook and Google's practices on an ongoing basis. And there has been uncertainty. As digital books are made available for lending through libraries, copyright and compensation issues are yet to be resolved. Large publishing companies remain anxious about how e-book sales, which are dominating growth, will impact profits and business plans.

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Google Settlement Update

In July it was reported that the settlement between Google and the Author's Guild and numerous book publishers was "dead" because the judge in the case had determined that the Author's Guild did not constitute a class, as in a class deemed eligible for legal class action. Judge Chin ruled that there are too many kinds of authors involved in the case: American authors, foreign authors, fiction and non-fiction authors, authors of short stories and essays, authors who are members and authors who are not members of the Author's Guild, academic authors, commercial authors, independent authors, self-published authors, and even unidentified authors, in the case of some works. All these various authors do not, in Judge Chin's opinion, make up a class.

Various publishers continued in talks with Google, even after Judge Chin's ruling, in order to reach a separate settlement. Now a separate settlement with publishers has not been reached. But the Author's Guild has entered the fray once more. Interestingly or perhaps bafflingly, the Author's Guild has filed a motion for class certification - the very assertion that caused Judge Chin to throw out the terms of the settlement when he stated the Author's Guild does not represent a "class". In addition, the Author's Guild goes on to assert, as it has before, that Google infringed upon copyrights as it scanned books that it made available through its search engine and that all of this was done strictly for commercial purposes. Google will assert that it was making books available in the spirit of "fair use." Also Google will be able to state that the Author's Guild has done nothing to correct the situation as it existed previously with regard to not representing authors in general and therefore does not constitute a class.

All of this will no doubt kick the can down the road a bit more; and I hope eventually some figure approaching the 45 million that was to be paid to authors whose rights have been violated will be distributed amongst all the authors in question.
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Last Living Code Talker Tells His Story

Today on NPR I heard an interview with Chester Nez, the last living member of the famous platoon of Navajo Code Talkers who developed a code the Japanese could not crack during World War II. He was being interviewed in light of the fact that this is Native American History Month and in honor of the publication this year of his own book recounting in his own words the intriguing history of the brave young men who volunteered to use their native language to provide cover and intelligence for Americans fighting in the Pacific Campaign all those many years ago. Nez, who is now 90, says he is particularly proud that the Navajo language was used as the basis for the code which the enemy could never decipher, and he hopes their story will be an inspiration to young Navajos.

In 2001 then President Bush presented the five surviving Code Talkers with the Congressional Medal of Freedom. Last year two Code Talkers remained when a newspaper article appeared about them in an Albuquerque newspaper. But today Nez is the only one still living, a legend and a repository of all the courage, hope, and honor shared by those men and their people.

The book is published by Berkeley Publishing Group, a division of Penguin. But this is not the first book about the Navajo Code Talkers that I have known about or written about.

In 1973, after receiving rejection notices from traditional publishers, Doris Paul published her
seminal work, Navajo Code Talkers, with Dorrance. Based upon interviews with all of the original Code Talkers still living at that time, her account was the first to tell the story of these remarkable Americans.
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Like Universe, Book Publishing Industry Expanding

Barnes & Noble is predicting its sales of e-books to increase from $250 million in 2010 to $2 billion in 2015. During the same time period, it expects its sales of print books to decline from $3.6 billion to $2.8 billion. Nevertheless the overall projected increase of $1.2 billion in sales represents a 33 percent jump. Barnes & Noble is projecting growth not only in e-book sales but also in e-reading devices and the materials that can be read on them, such as magazines and newspapers, and also apps.

Currently Barnes & Noble is the only bricks and mortar book selling chain operating profitably. Infamously Borders closed all its stores and went out of business this year. Less well known is the fact that Books A Million has also closed stores and lost $10 million over the past nine months. The distinguishing factor separating profitability from loss in this industry is whether stores sell e-books and e-readers. Those who do not are not enjoying the benefits of the publishing industry's expansion spearheaded by the increase in e-books, but they are experiencing a continuing and serious decline in the sale of print books.

Just recently the major traditional publishing houses have announced that e-books are making up 20 percent of their sales.
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Amazon Sparks Controvery with Kindle Lending Library

Amazon.com has just announced its new Lending lLbrary for Kindle owners who are also Amazon Prime subscribers. The Amazon Prime program, which has been in existence for many years, allows customers to pay one flat fee for a year and receive free shipping on everything they purchase from Amazon. It is an odd pairing indeed, as neither lending nor selling e-books involves any shipping expense whatsoever. Therefore it seems to me that the new program has been developed by Amazon primarily as a way to get more Amazon customers to purchase the Prime service rather than as a way of distributing more e-books.

Nevertheless the bi-product, however unintentional, will indeed be the distribution of more e-books, and that is good to a point. Many publishers and authors are disturbed by the new lending library because Amazon seems to have launched it without consulting sufficiently, in their minds, with the traditional publishing community, and because they are distrustful that publishers and authors will be justly compensated for the distribution of their content. Rather Amazon has put together a Kindle Lending Library of 5,000 books, mostly self-published, published by Amazon itself, or published by houses that will accept Amazon's payment model of paying the wholesale price for the one book it purchases and then lends out. The six major traditional publishing houses have refused to participate, many stating this kind of arrangement should be handled as a lease not a wholesale purchase.

It seems to me this concept is good for self-published authors, primarily because it is a way to get their books noticed. It provides free promotion and, in the bargain, some money will change hands between Amazon and the author for the book they lend out.
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E-books Changing Lives

Worldreader.org is a non-profit organization working primarily in Sub-Saharan Africa with an eventual goal to place books within reach of virtually every family on the planet. Its purpose and mission is to increase literacy by providing access to large selections, libraries, of books for people living in underdeveloped countries. It is the brain child of one of the original founders of Amazon.com who left the company in 2003 and is running several pilot projects in Africa - one that has been ongoing for sometime, in Ghana.

The organization delivers subsidized Kindles, pre-loaded with books, to under-served communities. Just as cellular phones leap-frogged landlines in under- developed nations, the premise is that electronic readers and e-books will leap-frog over printed books in bringing access to a wide variety of book selections and therefore fostering increased reading and literacy in poor nations throughout the globe.

Most of the books made available are published in English, as it is the most common language used throughout the world. Once a reader is in place, there is no cost of shipping to get books to the family, school, or center, and the prices of e-books are a third to half of the cost of printed books, thereby achieving additional savings as the library on each device grows. In remote areas where there is no electricity or internet access, technology provides the necessary means for connectivity through solar cells and satellite internet access.

The hope is that children and adults alike will become lifelong learners and dedicated readers when exposed to a wide variety of reading material. In addition to books, newspapers, magazines, and other publications may also be downloaded by readers eager for all manner of content.
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Steve Jobs and Book Publishing

At Stanford University in 2005, Steve Jobs delivered his now famous commencement address. He spoke of the importance of making every day count, of the benefits of failing at something important in life and starting over, and the rewards of following your passion. Specifically he spoke of the influence a course that he took at Reed College, after he had dropped out, had on his life and his career: 

Reed College at that time offered perhaps the best calligraphy instruction in the country. Throughout the campus, every poster, every label on every drawer, was beautifully hand calligraphed. Because I had dropped out and didn't have to take the normal classes, I decided to take a calligraphy class to learn how to do this. I learned about serif and san serif typefaces, about varying the amount of space between different letter combinations, about what makes great typography great. It was beautiful, historical, artistically subtle in a way that science can't capture, and I found it fascinating. If I had never dropped out, I would have never dropped in on this calligraphy class, and personal computers might not have the wonderful typography that they do. Of course, it was impossible to connect the dots looking forward when I was in college. But it was very, very clear looking backwards ten years later.

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New Color Kindle Fire Challenges iPad for Selling Books and More

This week Amazon announced the debut of its long-awaited color tablet, which will go on sale November 15, 2011. From all reports, it seems to be a little bit of this and a little bit of that, which is to say, Amazon hopes they have come up with a product that will do enough better at a much lower price so as to entice buyers to their side instead of buying a Color Nook or iPad.

The pluses are the price, the browser, and the storage. The Fire costs $199 (industry analysts say it is actually being sold at a loss and costs about $10 more to manufacture). The Color Nook, smaller and with fewer functions, costs $249; and the iPad2, 2 plus inches larger and with many more functions, costs twice as much - starting at $499. The Fire's browser, named Silk, is much faster than that of the Nook. The Fire's cloud storage is more ample than the iPad and furthermore it conveniently syncs to your computer without a wire, which is necessary for the iPad. The actual memory in the iPad, however, is double that of the Fire (16 G as opposed to 8G), and the iPad supports a 3G cellular network, meaning it can be used almost anywhere. The Fire runs only on WiFi, and therefore it can only be used where there are hot spots of wireless connectivity.The Fire also lacks the iPad's camera and microphone.

The most important feature the Fire boasts is immediate access to the Amazon store for buying books, movies, and music. Since Amazon also runs the Internet's largest retail store portal for buying almost anything, Amazon hopes the Fire will encourage purchasers to go shopping, not just for books, movies and music but for so much more.
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