We Have Met the Enemy and He is The Real Caterpillar

• He's ripped off hundreds of books.
• He can rip yours off in five minutes. It's so easy even a caveman can do it.
• He painstakingly proofreads the books he steals.
• He has ethical and moral standards. And a conscience...of sorts.
• Though piracy's toll is in the billions of dollars, he thinks the crime is overrated.
• But he admits it's a crime.

That's a thumbnail profile of a book pirate. I've condensed it from an astounding interview with one conducted by C. Max Magee on his website "The Millions".

After pondering the phenomenon of book piracy, a crime estimated to drain over $3 billion annually from legitimate copyright owners, Magee decided the best way to understand it was to ask a practitioner. "Who are the people downloading these books? How are they doing it and where is it happening? And, perhaps most critical for the publishing industry, why are people deciding to download books and why now? I decided to find out. After a few hours of searching – stalled by a number dead links and password protected sites – I found, on an online forum focused on sharing books via BitTorrent, someone willing to talk."

The perpetrator's handle is "The Real Caterpillar" and, as is so often the case, he is far from a noble Robin Hood. "He lives in the Midwest," writes Magee, "he’s in his mid-30s and is a computer programmer by trade. By some measures, he’s the publishing industry’s ideal customer, an avid reader who buys dozens of books a year and enthusiastically recommends his favorites to friends. But he’s also uploaded hundreds of books to file sharing sites and he’s downloaded thousands."

Here are a few revelations in his own words:

• I generally only upload content that I have scanned, with some exceptions. I have been out of the book scene for a while, concentrating on rare and out of print movies instead of books because it is much easier to rip a movie from VHS or DVD than to scan and proof a book
• I do not pretend that uploading or downloading unpurchased electronic books is morally correct, but I do think it is more of a grey area than some of your readers may
• Just because someone downloads a file, it does not mean they would have bought the product I think this is the key fact that many people in the music industry ignore – a download does not translate to a lost sale
• In truth, I think it is clear that morally, the act of pirating a product is, in fact, the moral equivalent of stealing…however, I feel the impact of e-piracy is overrated, at least in terms of ebooks
• I’ve spent anywhere from 5 to 40 hours proofing the OCR output

And, finally: "In truth, I think it is clear that morally, the act of pirating a product is, in fact, the moral equivalent of stealing… although that nagging question of what the person who has been stolen from is missing still lingers."

Two persons mentioned by Caterpillar as having been stolen from are Mark Helprin and Harlan Ellison. Both have published privacy or anti-piracy statements on their websites. You may read Helprin's here but it says in part: "You agree to comply with all copyright laws worldwide in your use of this site and to prevent any unauthorized copying of the materials." Ellison's is an all-caps fist-shaking no-prisoners Jeremiad which you may read in its entirety here. Here's a taste:

A HOST OF SELF-SERVING INDIVIDUALS SEEM TO THINK THAT THEY CAN ALLOW THE DISSEMINATION OF WRITERS’ WORK ON THE INTERNET WITHOUT AUTHORIZATION, AND WITHOUT PAYMENT, UNDER THE BANNER OF “FAIR USE” OR THE IDIOT SLOGAN “INFORMATION MUST BE FREE.” A WRITER’S WORK IS NOT INFORMATION: IT IS OUR CREATIVE PROPERTY, OUR LIVELIHOOD AND OUR FAMILIES’ ANNUITY. WHY SHOULD ANY ARTIST, OF ANY KIND, CONTINUE CREATING NEW WORK, EKING OUT AN EXISTENCE IN PURSUIT OF A CAREER, FOLLOWING THE MUSE, WHEN LITTLE INTERNET THIEVES, RODENTS WITHOUT ETHIC OR UNDERSTANDING, STEAL AND STEAL AND STEAL, CONVENIENCING THEMSELVES AND “SCREW THE AUTHOR”? WHAT WE’RE LOOKING AT IS THE DEATH OF THE PROFESSIONAL WRITER!

Caterpillar laughs at them. "One thing that will definitely not change anyone’s mind or inspire them to stop," he says, "are polemics from people like Mark Helprin and Harlan Ellison – attitudes like that ensure that all of their works are available online all of the time."

For the full flavor of Magee's interview read Confessions of a Book Pirate in its entirety here.

We are Harlan Ellison's literary agents. Our e-book company is publisher of some thirty of his books. Though we cannot express ourselves as colorfully as he, we support his position completely. His work and property, the work and property of countless other authors, our own labor and investment and that of all legitimate, reputable publishers worldwide are being stolen. Those who file-share copyrighted books are receiving stolen property. We ask those who take and those who receive to consider whether there is any difference between having your literary property robbed and your purse stolen. For one victim's answer, read Are Pirate-site Downloaders Better Than Muggers, Pickpockets and Shoplifters? This Victim Doesn't Think So.

Richard Curtis

E-Books Perfect for Instant Repair of Screwups

If for no other reason, e-books are the perfect vehicle for immediately correcting errors in published books. And if the errors are serious enough to damage a person's reputation or otherwise incur potential legal liability, a prompt correction and withdrawal of the offending text demonstrate the sincere determination of the those who messed up to set the record straight without delay.

Such might be the recourse of Charles Pellegrino and his publisher Henry Holt in expunging material in his otherwise highly acclaimed account of the atomic destruction of Hiroshima, The Last Train From Hiroshima.

According to William J. Broad in the New York Times, a section of the book cites recollections of someone who says he flew in an observation plane accompanying the bomber that released the a-bomb, the Enola Gay. But the man, Joseph Fuoco, "never flew on the bombing run, and he never substituted for James R. Corliss, the plane’s regular flight engineer," says Corliss’s family. "They, along with angry ranks of scientists, historians and veterans, are denouncing the book and calling Mr. Fuoco an impostor," writes Broad.

The author of the book "now concedes that he was probably duped" and plans to "rewrite sections of the book for paperback and foreign editions."

If normal production timelines apply, that means that the paperback might not come out for a year after hardcover publication, or six or nine months if Holt accelerates release of the reprint. Foreign editions? Foreign publishers need to translate the book first, so don't expect a correct edition to appear overseas for many months as well.

If there was ever a case for e-books, this is it. Pellegrino and his publisher could remove the controversial passages for an immediate e-print and write an apology that might remove not just the insult of the offending passages but also the injury of making the Corliss's family wait, brood - and, perhaps, call a lawyer. As of this writing, however, there is no e-book edition. It undoubtedly has been "windowed", the term used by publishers to describe the holding back of an e-book edition until the hardcover has had its run. Though controversial (see Agent Nat Sobel Challenges Publishers to Hold Back E-Prints), windowing is sound strategy for many books and might have been fine for Last Train too had it not been for this alleged error, which if true is embarrassing at the very least but potentially damaging as well.

Holt should consider crash-releasing a corrected Last Train in e-book.

Here's the Times article.

Richard Curtis

Every Blogger owes a debt of gratitude to newspapers and magazines. This posting relies on original research and reporting performed by the New York Times.

Inkling Cuts Textbooks into Inexpensive Bite-Sized Morsels

"There are lots of schoolkids in the world," writes Tyler Cowen on the Marginal Revolution website.

We were thinking the same thing. In fact, we were thinking it a decade ago when we leaped into the e-book space: the medium is perfect for textbooks. But education had to wait for hardware and software to catch up.

It's caught up.

Hardware: Apple will lead the way. "The superior Apple graphics, colors, and fonts will support all of the textbook features which Kindle botches and destroys" says Cowen in My predictions about the iPad. "In the longer run the iPad will compete with your university, or in some ways enhance your university. It will offer homework services and instructional videos and courses, none of which can work well on the current iPhone or Kindle."

Platform: We've been reading up on a San Francisco startup called Inkling. "Stacked with pedigreed veterans of Microsoft and Google, Harvard, MIT and Stanford," writes Paul Boutin of VentureBeat, Inkling surfaced after Apple's iPad launch with $1 million to seed development of software aimed not just at student's learning needs but their pocketbooks as well. The company is working with a number of textbook publishers like McGraw-Hill and Pearson."First, they’ll port their existing tomes onto Apple’s iPad as interactive, socialized objects. Then, they’ll create all-new learning modules — interactive, social, and mobile — that leave ink-on-paper textbooks in the dust."

Inkling offers color, interactivity, highlighter capability, social network sharing features, talking text and dynamic quizzes. And all of this delivered lightning-fast. "The iPad’s A4 chip is even faster than the Android G2 that gets geeks so excited," says Boutin, "so rich layouts and interactive illustrations run quickly."

"But the real breakthrough," he writes, "is in pricing. Instead of a $180 textbook, learning modules built with Inkling will be priced individually on iTunes, just as music and TV shows are. Instead of buying all 50 chapters of a 1,200-page biology book, an instructor can create a customized bundle of only the modules students will actually use. Pricing hasn’t been determined yet, but it’s likely to be a few dollars per unit — much cheaper than current textbooks.

Are you listening, students? Modular bundles so cheap they're not worth ripping off!

Here are some details from Inkling's "About" page:

• Interactive figures. Inkling lets you directly manipulate objects to explore them. Want to know if two molecules bond? Use your fingertips to pull them together and see what happens.
• Custom spine. Inkling organizes content based on your assignments. It shows you everything you need to do, all at once, no matter where the content is from. It's like a custom textbook, just for you.
• Reader. When it's time to read a traditional textbook, Inkling does an amazing job. Dog-ear your pages, skip from chapter to chapter with gestures, and jump from figure to figure with your finger.
• Quizzes. Measure your progress with interactive tests that deepen your understanding of the content.
• Note following. Ever borrow a classmate's notes? Borrow them in realtime with Inkling NoteSync™. Annotations, highlights and comments from your friends show up alongside your own, instantly.
• Device sync. Want to finish up a reading while waiting in line? Anything you've got on your iPad appears right on your iPhone or iPod touch, too.

Look for iPads utilizing the Inkling platform on campuses as early as next fall.

Richard Curtis

Random Goes Rogue

TrueSlant.com blogger Roger Theriault has picked up a story from the MobileRead forums that Random House will go against the recent rush by its Big Six buddies to the "agency" e-book retail model recently introduced by Apple.

Apple's approach is for publishers to retain control over the list price, rather than allowing the list price to be pegged by the e-tailer, as is currently employed by Amazon. It also allows publishers flexibility in timing release of e-books - delaying them rather than releasing them simultaneously with publication of hardcover editions.

The move to the Apple model by three major houses spearheaded by Macmillan was the cause of a controversy that triggered removal of Macmillan's buy buttons by Amazon for a week, at the end of which the e-book retailing landscape was altered, possibly forever. (For background see Apple Promoting a New (and Radical!) Model for Selling E-Books? and Publishing's Weekend War: 48 Hours that Changed an Industry.)

Random's decision is based on two approaches to e-book publishing that are at odds with the philosophy of at least three of its fellow publishers. A RH spokesperson voiced the opinion that publishers “have no real experience at setting retail prices.” That explains why Random held back from embracing Apple's iPad tablet. The other reason is timing of e-book releases. “Our current policy is we release e-books at the same time as physical books,” she said. "I haven’t been convinced that it’s good for the author or consumer to delay the release."

You can read details here: Random House sides with Amazon, e-book readers on pricing

Richard Curtis

You Wanna Turn Us Off Too? Murdoch Voices Harper Opposition to Amazon's $9.99 Cap

Business World reports that HarperCollins owner Rupert Murdoch took a swipe at Amazon's $9.99 e-book price, boosting Macmillan's lonely public stand against the retailer's rigid pricing tactics. "We don't like the Amazon model of selling everything at USD 9.99," he said, calling for a renegotiation of Harper's deal with Amazon, and Amazon said it's ready to hear what he has to say.

Murdoch acknowledged that he stands to lose money by opposing $9.99. "They pay us the wholesale price of USD 14 or whatever we charge," he said, referring to the wholesale price that Amazon might pay to Harper for a $28.00 e-book. "But I think it really devalues books and it hurts all the retailers of the hard cover books." Amazon takes a loss on such transactions but has used the loss-leader strategy to gain a dominant position for its Kindle e-book reader. It's worked so far but publishers have worried that a day of reckoning will come in the form of a demand by Amazon that publishers lower their wholesale prices to accommodate that $9.99 retail price.

Though he didn't refer to Macmillan, Murdoch's position mirrors Macmillan's and clearly indicates that the new e-book retail model introduced by Apple as part of its iPad tablet rollout has united the publishing community. "Apple, in its agreement with us, which has not been disclosed in detail, does allow for a variety of slightly higher prices," Murdoch coyly said.

For background, read Publishing's Weekend War: 48 Hours that Changed an Industry.

Richard Curtis

(c) Reuters

Romance Writers Reaffirm Self-Publish Position

E-Reads has learned that at a specially convened board meeting of the Romance Writers of America, the organization reaffirmed its stand against allocating conference space to publishers promulgating subsidized, vanity or similar self-publication programs.

After a controversy erupted last fall about granting permission for conference space to a publisher that had recently announced formation of a self-publication venture for romance authors, RWA formed a task force to evaluate the emerging publication landscape, review definitions and recommend options. These options are limited by the organization's non-profit charter, which some officers feared might be compromised by permitting subsidy publishers a seat at the table.

Fiduciary obligations notwithstanding, there were strong moral grounds for RWA's opposition, some of it bordering on outrage. Those sentiments were supported by the Mystery Writers of America and the Science Fiction Writers of America.

Though the task force and RWA board deliberated diligently and judiciously they were under some pressure to clarify their position in view of the impending annual conference taking place in Nashville in July, where the publisher in question and possibly others in the self-publication field need to know their status. Also, it was incumbent on the board to clarify whether self-published books qualified for RWA's prestigious Rita awards.

The task force modified or expanded some definitions but RWA's fundamental position is unchanged.

Michelle Monkou, the organization's president, announced its findings thus:"RWA will extend invitations to a wide pool of publishers. Invitees may only represent their non-subsidy/non-vanity publishing programs (imprints, divisions, or lines) at RWA’s conference. Space for spotlights, workshops, and booksignings will be allocated to lines, imprints, or divisions that best meet the requirements for 'Qualifying Markets'. This new process of evaluation will likely increase opportunities for small presses and e-presses that previously have been excluded.

"The potentially broader array of publishing companies present at RWA’s national conference in no way signals a change in our mission or core values. RWA has no intent to tell publishers how to conduct their business, but as a professional writers’ association, RWA stands firmly against any attempts to directly solicit RWA members to pursue vanity/subsidy publishing or other author-financed forms of publication. Members can be assured that publishers and agents allowed to participate at our national conference will have met this criterion."

It is notable that the name of the publisher that started the fracas was not specified in Ms. Monkou's memo (you can refresh your memory here), but we hope that the underlying message is that the parties have reached an accommodation that will enable the Nashville conference to proceed without distraction.

Richard Curtis