• <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> BROWNING, ELIZABETH BARRETT. Autograph Manuscript Initialed ("E.B.B."), being the working notebook for the poems contained in <i>The Seraphim and Other Poems</i>. $400,000 to 600,000
    <b>Bonhams Mar. 9:</b> WILDE, OSCAR. Two leaves, pp 31-34, from the first appearance of <i>The Picture of Dorian Gray in Lippincott's Monthly Magazine for July, 1890</i>, with Wilde's autograph revisions. $40,000 to 60,000
    <b>Bonhams Mar. 9:</b> SHAKESPEARE, WILLIAM. <i>Comedies, Histories and Tragedies; Published according to the true Originall Copies. Second Impression. [THE SECOND FOLIO.]</i> $200,000 to 300,000
    <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> KENNEDY, JOHN FITZGERALD. Photograph Signed ("John F. Kennedy") and Inscribed, 8 x 10 inch gelatin silver print, of Senator Kennedy and Miss Barelli, at the swearing of the secretarial oath for Miss Barelli. $1,200 to 1,800
    <b>Bonhams Mar. 9:</b> COOPER, JAMES FENIMORE. Autograph Manuscript, being Chapter XXVII of <i>Afloat and Ashore</i>. $15,000 to 20,000
    <b>Bonhams Mar. 9:</b> IRVING, WASHINGTON. Autograph Manuscript, being Chapter 20 from Volume IV of <i>The Life of George Washington</i>. $20,000 to 30,000
    <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> VERNE, JULES. Autograph Manuscript Signed ("Jules Verne"), being the complete short story "<i>Une fantaisie de docteur Ox</i>". $100,000 to 150,000
    <b>Bonhams Mar. 9:</b> ALCHEMY. <i>[The Crowning of Nature, or Coronatio Naturae.]</i> Original alchemical manuscript on paper, ruled in red, with watermark of the arms of Schieland. $100,000 to 150,000
    <b>Bonhams Mar. 9:</b> DE JODE, CORNELUS. 1568 - 1600. <i>Quivirae Regnu, Cum Alija Versus Borea</i>. [Antwerp: Arnoldum Coninx, 1593]. $7,000 to 10,000
    <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> HOOKER, JOSEPH DALTON. <i>The Rhododendrons of Sikkim-Himalaya; Being an Account, Botanical and Geographical, of the Rhododendrons Recently Discovered in the Mountains of Eastern Himalaya</i>… $7,000 to 10,000
    <b>Bonhams Mar. 9:</b> CATLIN, GEORGE. <i>North American Indian Portfolio. Hunting scenes and amusements of the Rocky Mountains and prairies of America. From drawings and notes of the author, made during eight years' travel.</i> $20,000 to 30,000
    <b>Bonhams Mar. 9:</b> LINCOLN, ABRAHAM. HESLER, ALEXANDER. Platinum print, 8 3/4 x 6 3/4 in, of a beardless Lincoln, 1860.<br>$2,000 to 3,000
  • <b>Arader Galleries, March 25, 2017: Spring 2017 Auction</b>
    <b>Arader Galleries, Mar. 25:</b> Ruffed Grous, Plate 41. John James Audubon from <i>Birds of America</i>. Double Elephant Folio. First Edition Engravings with Original Hand Color. $45,000 – 60,000
    <b>Arader Galleries, Mar. 25:</b> Rosate Spoonbill, Plate 321. John James Audubon from <i>Birds of America</i>. Double Elephant Folio. First Edition Engravings with Original Hand Color. $110,000 – 150,000
    <b>Arader Galleries, Mar. 25:</b> American White Pelican, Plate 311. John James Audubon. First Edition Robert Havell Aquatint Engraving with Original Hand Color From <i>Birds of America</i> Double Elephant Folio.<br>$100,000 – 140,000
    <b>Arader Galleries, March 25, 2017: Spring 2017 Auction</b>
    <b>Arader Galleries, Mar. 25:</b> Jaguar, Plate 101. John James Audubon. $12,000 – 16,000
    <b>Arader Galleries, Mar. 25:</b> <i>Birds of Asia</i>. John Gould (1804-1881). London: Taylor and Francis for the Author, 1850-83. $80,000 – 130,000
    <b>Arader Galleries, Mar. 25:</b> <i>The Birds of Europe</i>. John Gould (1804-1881). London: by Richard and John E. Taylor, published by the Author 1832-37. $60,000 – 90,000
    <b>Arader Galleries, March 25, 2017: Spring 2017 Auction</b>
    <b>Arader Galleries, Mar. 25:</b> <i>The Birds of Great Britain</i>. John Gould (1804-1881). London: Taylor and Francis for the author, [1862]-1873.<br>$30,000 - 45,000
    <b>Arader Galleries, Mar. 25:</b> <i>The Natural History of Carolina, Florida and the Bahama Islands</i>. Mark Catesby (1682/83–1749). London: [1729-] 1731-1743 [-1747].<br>$275,000 – 350,000
    <b>Arader Galleries, Mar. 25:</b> <i>Dell’arcano del mare</i> [Books 1-4]. Robert Dudley (1573-1649). Firenze: Francesco Onofri, 1646. $50,000 - 70,000.
    <b>Arader Galleries, March 25, 2017: Spring 2017 Auction</b>
    <b>Arader Galleries, Mar. 25:</b> <i>Cartes Generales de Toutes les Parties du Monde</i>. Nicholas Sanson D’Abbeville (1600-1667). Paris: The Author and Pierre Mariette, 1658 [but 1659]. $20,000 - 30,000
    <b>Arader Galleries, Mar. 25:</b> <i>A Map of the Inhabited Part of Virginia, containing the whole of the Province of Maryland with Part of Pennsylvania, New Jersey and North Carolina.</i> Joshua Fry and Peter Jefferson.<br>$150,000 – 300,000
    <b>Arader Galleries, Mar. 25:</b> <i>Voyage dans l’Interieur de l’Amerique du Nord execute pendant les annees 1832, 1833 et 1834.</i> BODMER, Karl (illustrator) - Prince Maximilian zu Wied-Neuwied. $525,000 – 750,000
  • <b>Seth Kaller:</b> “America the Beautiful”
    <b>Seth Kaller:</b> George Washington, Tongue-in-Cheek, Writes James McHenry About His Wife or Mistress—But Funding the Continental Army is the Real Topic
    <b>Seth Kaller:</b> Young’s Map of the United States
    <b>Seth Kaller:</b> President Lincoln & His Most Profitable Client, the Illinois Central Railroad
    <b>Seth Kaller:</b> Lincoln Thanks Former Pro-Slavery and Newly Republican Congressman for a Fiery Anti-Slavery Speech at a Philadelphia Campaign Rally
    <b>Seth Kaller:</b> “A Visit From St. Nicholas” - great association copy inscribed by Clement C. Moore
    <b>Seth Kaller:</b> Einstein Agrees to Allow “a Short Book on the Hydrogen Bomb” to Use His Statement Made on Eleanor Roosevelt’s TV Show
    <b>Seth Kaller:</b> The Building Blocks of Albert Einstein’s Creative Mind
    <b>Seth Kaller:</b> A Unique Manuscript Map of Block Island Sound Including Fisher’s and Gardiner’s Islands, the Hamptons, and Montauk Point
    <b>Seth Kaller:</b> J.R.R. Tolkien Writes his Proofreader with a Lengthy Discussion of the Lord of the Rings, Including Criticism of Radio Broadcasts of his Work
    <b>Seth Kaller:</b> Six Benjamin Franklin Signed Receipts – Including his Earliest Obtainable Autograph — Acknowledging a Donation to the Famous Library Company He Founded, and Five Payments for His Pennsylvania Gazette
    <b>Seth Kaller:</b> Sherman Dishes on Lincoln & Thomas, Meade, Sheridan, Halleck & Grant
  • <b>Now in press: 19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop.</b> <i>The First American Magna Carta. English Liberties.</i> Boston, 1721.
    <b>19th Century Shop.</b> Babbage presentation to Peel, the man who killed the Difference Engine 1832
    <b>19th Century Shop.</b> The Stamp Act. 1765
    <b>Now in press: 19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop.</b> Central Park Photographs by Prevost 1862
    <b>19th Century Shop.</b> Salem Witch Trials. Wonders of the Invisible World 1693
    <b>19th Century Shop.</b> Mammoth print of Millie-Christine, "The Carolina Twins" c. 1868

Rare Book Monthly

Articles - November - 2011 Issue

Barnes & Noble Takes Over Borders' Remains... After Some Last-Minute Wrangling

Bordersemail2

B&N's second email was terse and to the point.

There was a time when a sale of Borders to Barnes & Noble would have stirred great controversy, perhaps even an examination by the Attorney General for antitrust violations. By the time it happened, it caused hardly a stir. In late September, Barnes & Noble bought the name, website, and customer list and data of the now bankrupt Borders chain. Well, it caused a stir to hardly anyone except the bankruptcy court appointed Consumer Privacy Ombudsman. He felt B&N was not being entirely forthright with Borders' old customers.

While Barnes & Noble didn't have much interest in Borders' stores, perhaps having more than enough of their own, they did want Borders' intangibles. They purchased them from the bankruptcy court for $13.9 million. However, Borders had promised its customers that they would never give their names and data to anyone else. The court therefore required that Barnes & Noble inform Borders' customers that they had purchased their information, but that those customers had the right to stop that data from being transferred to B&N. If they so chose, their customer data would be deleted.

In keeping with this requirement, Barnes & Noble sent out an email to Borders' customers. It was a friendly email from B&N CEO William Lynch. Lynch informed the Borders' customers that, “Our intent in buying the Borders customer list is simply to try and earn your business.” However, he also informed the customers that they had “the absolute right to opt-out of having your customer data transferred to Barnes & Noble.” Customers were told they had until October 15, 2011, to opt out of the transfer of information to B&N. Lynch then concluded his message with, “We hope you'll give us a chance to be your bookstore.”

Consumer Privacy Ombudsman Michael Baxter immediately cried “foul.” Baxter had been appointed by the Court to watch out for the privacy interests of Borders' customers. When the deal was originally put together to sell the Borders' data, Baxter had wanted the message to be an opt-in, not opt-out. In other words, he wanted B&N to obtain affirmative approval from Borders' customers before their data could be transferred, rather than having it transferred automatically if those customers did not say no. To B&N, that may have been a deal killer, as a large number of customers, probably most, were not likely to respond to an email either way. They would not likely opt in if required, nor opt out if they had to either. Most of the 40+ million people in Borders' files could be expected to simply ignore the email.

Baxter backed down on this issue, agreeing to B&N's opt-out rather than fighting for an opt-in. The one concession he was able to obtain was the wording of the e-mail header, which stated simply “Important Information Regarding Your Borders Account.”

However, there were still two other things Baxter did not like about B&N's email, and having conceded on the important issue of opt out, he was evidently not in a mood to back down on a couple of smaller ones. B&N was unwilling to be more accommodating than it had already. The result was a couple of emails flying back and forth between Baxter and B&N before the customer email was sent. It concluded with B&N's attorney saying they had accommodated what they described as Baxter's “only significant comment,” that regarding the wording of the header. Baxter fired back that he would raise his objections with the court if a couple of other changes were not made. B&N ignored his further demands and sent the email as worded. For his part, Baxter did as he promised, filing an objection with the court.

In his objection, Baxter found two faults with the B&N email. First, he found the lack of notification that the email had been ordered by the court to be misleading. Lynch's folksy, friendly email might imply, Baxter believed, that B&N was sending this message as a favor to Borders' customers, rather than because they had been ordered to do so by the court. That, he believed, might make Borders' customers less inclined to opt out. Secondly, Baxter objected to the vague language of a “customer list” being transferred to B&N. Customers might believe all that B&N was obtaining was their names and email addresses, when in fact, B&N was obtaining their entire purchase history. It is easy to imagine a customer who years ago bought a book that might embarrass him today not wanting that information passed on to another company.

So, who won this little skirmish? Well, it appears that Baxter won on one out of two of his objections. However, we doubt that the same is true for B&N, though you would think that would follow from their opponent being one for two. On October 15, Barnes & Noble sent out a follow up email. This one was not so long and folksy. It was a one-paragraph, unsigned, business-like message. Introduced as a “reminder” to the earlier email, it stated with specificity, “The transferred personally identifiable information in the customer list includes customer email address and purchase history.” It added that credit card information was not transferred, and those that wished could opt out by November 2. It did not mention Baxter's other point, that the notice had been ordered by the court, so B&N must have won on that issue.

Nonetheless, we see this as a loss for B&N, not a tie. A couple of bad things happened to them. First, Borders' customers, whose last chance to opt out of the transfer of their data would have ended that day (October 15), got 18 more days to do so. People who might have chosen to opt out, but forgot the earlier email, or maybe never even read it, got a reminder. The greater clarity of this email may drive some people away, but we suspect the simple fact that a second opt-out email was sent will lead to thousands more Borders' customers opting out. B&N could have repeated the exact same email as the first and many additional people would have deselected themselves. It's just the nature of the beast. Each time you give a group of people an opportunity to opt out, some more will do so. Barnes & Noble would have been smarter if, instead of challenging the Ombudsman, they had accommodated his needs in one email. A second email could only lead to more opt-outs, and a smaller customer list for B&N's money.


Posted On: 2011-11-01 00:00
User Name: stephenb

I never got the opt-out email. Although I have a more than 400 emails from Borders (mostly borders rewards), there was nothing like this. I wo


Rare Book Monthly

  • <b>Forum Auctions: Fine Books and Works on Paper. March 30, 2017</b>
    <b>Forum Auctions Mar. 30:</b> Potter (Beatrix). The Tale of Peter Rabbit, first edition, first issue, [1901]. Part of an extensive, private Beatrix Potter collection. £15,000 - 20,000
    <b>Forum Auctions Mar. 30:</b> Dodgson (Charles Lutwidge). The Hunting of the Snark, first edition, with original printed dust-jacket, 1876.<br>£7,000 - 9,000
    <b>Forum Auctions Mar. 30:</b> Buckland Wright (John). Pervigilium Veneris: The Vigil of Venus, number 1 of 100 copies (Christopher Sandford's copy), Golden Cockerel Press, 1939.<br>£2,000 - 3,000
    <b>Forum Auctions: Fine Books and Works on Paper. March 30, 2017</b>
    <b>Forum Auctions Mar. 30:</b> Kelmscott Press. Keats (John). The Poems, one of 300, orig. vellum, 8vo, Kelmscott Press, 1894. £1,800 - 2,200
    <b>Forum Auctions Mar. 30:</b> Greenhill (Elizabeth).- Morison (Stanley) and Kenneth Day. The Typographic Book, 1450-1935, bound in dark green goatskin by Elizabeth Greenhill, 1963. £6,000 - 8,000
    <b>Forum Auctions Mar. 30:</b> Fitzgerald (F. Scott). The Great Gatsby, first edition, first state dust-jacket, New York, 1925. £25,000 - 35,000
    <b>Forum Auctions: Fine Books and Works on Paper. March 30, 2017</b>
    <b>Forum Auctions Mar. 30:</b> Dionysius, <i>Halicarnassensis</i>. Antiquitates Romanae, Editio princeps, Treviso, Bernardinus Celerius, 24 or 25 February, 1480. £4,000 - 6,000
    <b>Forum Auctions Mar. 30:</b> Canon Law. [Laurentius Puldericus. Breviarum decreti], manuscript in Latin, on paper, [?Germany], [c. 1450].<br>£5,000 - 7,000
    <b>Forum Auctions Mar. 30:</b> Swimming. Percey (William) The Compleat Swimmer: or, the Art of Swimming, first and only edition, by J.C. for Henry Fletcher, 1658. £5,000 - 7,000
    <b>Forum Auctions: Fine Books and Works on Paper. March 30, 2017</b>
    <b>Forum Auctions Mar. 30:</b> Binding with silverwork by Anthony Nelme. The Holy Bible, containing the Old Testament and the New: : newly translated out of the original tongues, Oxford, John Baskett, 1716. £10,000 - 15,000
    <b>Forum Auctions Mar. 30:</b> George IV's copy. Nash (John, architect). The Royal Pavilion at Brighton, one of 10 copies, 1826. £8,000 - 10,000
    <b>Forum Auctions Mar. 30:</b> Blake (William, 1757-1827). "With Dreams upon my bed thou scarest me & affrightest me with Visions", 1825. £700 - 1,000
  • <b>Auction Pierre Bergé & associés in association with Sotheby’s: Important Books and Manuscripts from the Library of Jean A. Bonna from the 15th to the 20th Century. Sale on April 26, 2017. Exhibition in London March 28-30</b>
    <b>Pierre Bergé & Associés, Apr. 26:</b> Galileo, <i>Discorsi e Dimostrazioni matematiche.</i> Leyde, Elzevier, 1638. Original edition: only known copy of the first state. €700,000 – 900,000
    <b>Pierre Bergé & Associés, Apr. 26:</b> Fables illustrated by Benjamin Rabier. Paris, Tallandier, without date [ca. 1910]. Superb binding doubled in vellum decorated with painted and mosaic decors by André Mare illustrating four fables. €10,000 – 15,000
    <b>Pierre Bergé & Associés, Apr. 26:</b> Gustave Flaubert, draft for the preface of the <i>Memoir for the defense of Madame Bovary</i>, 15-30 January 1857. Exceptiona signed autograph manuscript. €40,000 – 60,000
    <b>Auction Pierre Bergé & associés in association with Sotheby’s: Important Books and Manuscripts from the Library of Jean A. Bonna from the 15th to the 20th Century. Sale on April 26, 2017. Exhibition in London March 28-30</b>
    <b>Pierre Bergé & Associés, Apr. 26:</b> Boccace, <i>The Book of Praise and the Virtue of the Noble and Cleric Ladies.</i> Verard, 1493. First edition of the French version attributed to Laurent de Premierfait. €40,000 – 60,000
    <b>Pierre Bergé & Associés, Apr. 26:</b> Exceptional set of 15 original bindings by Jean de Gonet, on rare editions illustrated by Picasso, Matisse, Miro or original editions of Bataille or Radiguet.
  • <b>Swann Auction Galleries Mar. 30: Printed & Manuscript African Americana</b>
    <b>Swann Auction Galleries Mar. 30:</b> Malcolm X, typed manuscripts for the <i>LA Herald Dispatch</i> column "God's Angry Men," 1957.<br>$200,000 to $300,000.
    <b>Swann Auction Galleries Mar. 30:</b> Frederick Douglass, Autograph Letter Signed to George Alfred Townsend, Washington, 1880.<br>$40,000 to $60,000.
    <b>Swann Auction Galleries Mar. 30:</b> Carte-de-visite album featuring a previously unrecorded image of Harriet Tubman, 1860s.<br>$20,000 to $30,000.
    <b>Swann Auction Galleries Mar. 30: Printed & Manuscript African Americana</b>
    <b>Swann Auction Galleries Mar. 30:</b> Collection of documents from the Montgomery Improvement Association, Alabama, 1955-63. $20,000 to $30,000.
    <b>Swann Auction Galleries Mar. 30:</b> Martin Luther King, Jr., working draft of the "Letter from Birmingham Jail," Alabama, 1963. $10,000 to $15,000.
    <b>Swann Auction Galleries Mar. 30:</b> <i>Benjamin Bannaker's Almanac</i> for 1795, Baltimore. $30,000 to $40,000.
    <b>Swann Auction Galleries Mar. 30: Printed & Manuscript African Americana</b>
    <b>Swann Auction Galleries Mar. 30:</b> Collection of 41 letters addressed to Rebecca Primus, 1854-72.<br>$20,000 to $30,000.
    <b>Swann Auction Galleries Mar. 30:</b> Abby Fisher, <i>What Mrs. Fisher Knows About Old Southern Cooking</i>, first edition, San Francisco, 1881.<br>$10,000 to $15,000.
    <b>Swann Auction Galleries Mar. 30:</b> Victor H. Green, <i>The Negro Motorist Green-Book for 1941</i>, New York, 1940. $8,000 to $12,000.
    <b>Swann Auction Galleries Mar. 30:</b> Toni Morrison, <i>The Bluest Eye, </i>reviewer's copy, New York, 1971. $4,000 to $6,000.
  • <b>Doyle, Apr. 26:</b> THE PAPERS OF BREVET MAJOR GENERAL JOHN GROSS BARNARD (1815-1882), Chief Engineer of the Army of the Potomac. Estimate: $75,000-100,000
    <b>Doyle, Apr. 26:</b> ALVIN LANGDON COBURN. London. With 20 photogravures by Coburn and text by Hilaire Belloc, London and New York: 1909. First edition. Est: $4,000-6,000
    <b>Doyle, Apr. 26:</b> WILLIAM FADEN, A Plan of New York Island, with part of Long Island, Staten Island & East New Jersey. London: 1776. Estimate: $5,000-8,000
    <b>Doyle, Apr. 26:</b> MAX BEERBOHM, Lord Curzon delivering an oration. Original drawing with collage. London, 1912. Est: $2,000-3,000
    <b>Doyle, Apr. 26:</b> AMERICAN REVOLUTION, Recueil des Loix Constitutives des Colonies Angloises. A Philadelphie, et se vend a Paris: Cellot & Jombert, 1778. First collected edition in French. Estimate: $500-800
    <b>Doyle, Apr. 26:</b> WILLIAM TECUMSEH SHERMAN, Confederate General Joseph Johnston's copy of Sherman's General Orders No. 65 announcing the final agreement of Surrender, 27 April 1865. Est: $4,000-6,000
    <b>Doyle, Apr. 26:</b> JOHN KEATS, Lamia, Isabella, the Eve of Saint Agnes and Other Poems. London: Taylor and Hessey, 1820. First edition of Keats’s third book.. Estimate: $5,000-7,000
    <b>Doyle, Apr. 26:</b> M. T. Cicero's Cato Major, or his discourse of Old-age: With Explanatory Notes. Philadelphia: Benjamin Franklin, 1744. Est: $5,000-8,000
    <b>Doyle, Apr. 26:</b> WINSTON S CHURCHILL, History of the English Speaking Peoples. London: Cassell, 1956-58. First editions. Est: $1,500-2,500

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