• <b>Consignments now invited<br>History of Science & Technology<br>December 12th, 2017</b>
    NEWTON, ISAAC. <i>Opticks</i>. London, 1704. Presentation copy to Edmund Halley. Sold for $1,330,000
    Apple Computer Contract & Dissolution of Contract, signed by Jobs, Wozniak, & Wayne. Sold for $1,594,500
    DARWIN, CHARLES. Autograph Manuscript page from the manuscript of <i>On the Origin of Species</i>. Sold for $250,000
  • <b>19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop:</b> Exodus 10:10 to 16:15. Complete Biblical scroll sheet in Hebrew, a Torah scroll panel. Middle East, ca. 10th or 11th century.
    <b>19th Century Shop:</b> Copernicus Refuted. (Astronomy.). Scientific manuscript of a course of studies at Collège de la Trinité, Lyon. 1660s.
    <b>19th Century Shop:</b> Israel’s War of Independence and the Early Days of the IDF. 58 photographs presented to Israel Ber, IDF officer and later convicted spy.
    <b>19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop:</b> Early Unpublished Darwin letter on the races of man. Autograph Letter Signed [to Henry Denny]. Down, Kent, June 1, [1844].
    <b>19th Century Shop:</b> Classic Image of American Slavery. Kimball, M. H. <i>Emancipated Slaves</i>. New York: George Hanks, 1863.
    <b>19th Century Shop:</b> (Underground Railroad.) Scaggs, Isaac. Important Runaway Slave Poster: $500 Reward Ran away, or decoyed from the subscriber…
  • <b>Swann Auction Galleries Sep 28:</b> Printed & Manuscript Americana</b>
    <b>Swann Auction Galleries Sep 28:</b> Broadside proclaiming the end of the Revolutionary War, NH, 1783. $20,000 to $30,000. 
    <b>Swann Auction Galleries Sep 28:</b> Manuscript medical journal kept by physicians aboard Continental Navy vessels, 1777-88. $20,000 to $30,000.
    <b>Swann Auction Galleries Sep 28:</b> Manuscript notes on sermons heard at Boston's First Church & Old South Church, 1684-1703. $8,000 to $12,000.
    <b>Swann Auction Galleries Sep 28:</b> Printed & Manuscript Americana</b>
    <b>Swann Auction Galleries Sep 28:</b> Missionary archive of Samuel W. and Gideon H. Pond, MN, 1833-93. $30,000 to $40,000. 
    <b>Swann Auction Galleries Sep 28:</b> Captain's journal of a mutinous whaling journey, South Pacific, 1839-46. $8,000 to $12,000.
    <b>Swann Auction Galleries Sep 28:</b> <i>McClees' Gallery of Photographic Portraits ... of the Thirty-Fifth Congress</i>,Washington, 1859. $10,000 to $15,000.
    <b>Swann Auction Galleries Sep 28:</b> Printed & Manuscript Americana</b>
    <b>Swann Auction Galleries Sep 28:</b> Juan de Ugarte, manuscript report on first 16 months of California missions, Mexico, 1699. $12,000 to $18,000
    <b>Swann Auction Galleries Sep 28:</b> Cyanotype albums depicting the construction of the Williamsburg Bridge, New York City, 1897-1903. $4,000 to $6,000.
    <b>Swann Auction Galleries Sep 28:</b> Unrecorded broadside from occupied New York, 1778. $3,000 to $4,000.
    <b>Swann Auction Galleries Sep 28:</b> Printed & Manuscript Americana</b>
    <b>Swann Auction Galleries Sep 28:</b> <i>The Honolulu Merchants' Looking-Glass</i>, first edition, San Francisco, 1862. $6,000 to $9,000.
    <b>Swann Auction Galleries Sep 28:</b> Honorius Philoponus, <i>Nova Typis Transacta Navigatio</i>, first edition, Linz, 1621. $5,000 to $7,500.
    <b>Swann Auction Galleries Sep 28:</b> The Book of Mormon, first edition, Palmyra, NY, 1830. $10,000 to $15,000.
  • <b>Announcing a new Books for Sale platform hosted by Biblio!</b>
    <b>List your books simultaneously on Rare Book Hub and Biblio!</b>

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>Sotheby’s in collaboration with Binoche & Giquello: BIBLIOTHÈQUE R. ET B. L. LIVRES ILLUSTRÉS ROMANTIQUES [and] EDITIONS ORIGINALES ROMANTIQUES.<br>Paris 10 October
    <b>Binoche & Giquello/Sotheby’s<br>10 Oct:</b> GRANDVILLE --- DE FOE. Aventures de Robinson Crusoë. 1840. 43 original dip pen drawings by Grandville. 25.000 – 35.000 €
    <b>Binoche & Giquello/Sotheby’s<br>10 Oct:</b> GRANDVILLE. Advertising poster for Un Autre Monde. 1844. 7.000 – 9.000 €
    <b>Binoche & Giquello/Sotheby’s<br>10 Oct:</b> GRANDVILLE. Un autre monde. 1844. Pristine copy in editor binding. 20.000 – 30.0000 €
    <b>Binoche & Giquello/Sotheby’s<br>10 Oct:</b> GRANDVILLE. Original drawing [c. 1845]. 88 x 95 mm. 3.000 – 4.000 €
    <b>Sotheby’s in collaboration with Binoche & Giquello: BIBLIOTHÈQUE R. ET B. L. LIVRES ILLUSTRÉS ROMANTIQUES [and] EDITIONS ORIGINALES ROMANTIQUES.<br>Paris 10 October
    <b>Binoche & Giquello/Sotheby’s<br>10 Oct:</b> BALZAC. Mémoires de deux jeunes mariées. 1842. Empress Marie-Louise’s copy. 12.000 –<br>15.000 €
    <b>Binoche & Giquello/Sotheby’s<br>10 Oct:</b> DUMAS. Henri III et sa cour. 1829 – Stockolm, Fontainebleau et Rome. 1830. Inscribed to tragic actrice Mlle George, bound by Touvenin. 35.000 – 45.000 €
    <b>Binoche & Giquello/Sotheby’s<br>10 Oct:</b> DUMAS. Les Trois mousquetaires. 1844. First edition. Rare copy in period binding. 50.0000- 80.000 €
    <b>Sotheby’s in collaboration with Binoche & Giquello: BIBLIOTHÈQUE R. ET B. L. LIVRES ILLUSTRÉS ROMANTIQUES [and] EDITIONS ORIGINALES ROMANTIQUES.<br>Paris 10 October
    <b>Binoche & Giquello/Sotheby’s<br>10 Oct:</b> HUGO. Unpublished autograph notebook, for Juliette Drouet. 1834. 70.000 – 90.000 €
    <b>Binoche & Giquello/Sotheby’s<br>10 Oct:</b> HUGO. Gibet de Montfaucon. 1847. Original drawing. 288 x 367 mm. 80.000 – 120.000 €
    <b>Binoche & Giquello/Sotheby’s<br>10 Oct:</b> Stendhal. Le Rouge et le noir. 1831. 2 vol. First edition. Superb copy in period binding. 30.000 – 50.000 €
  • <b>Bonhams, Sep. 26:</b> Cook in Tahiti. [Playbill]. [Germany, c.1840.] $3,000 - $5,000
    <b>Bonhams, Sep. 26:</b> Roberts' Sketches in Egypt and Nubia. London, 1846-9. $20,000 - $30,000
    <b>Bonhams, Sep. 26:</b> Breydenbach. Peregrinatio in terram sanctam. Mainz, 1486. $100,000 - $150,000
    <b>Bonhams, Sep. 26:</b> Dürer. Underweysung der messung [and two more]. Nuremberg, 1525-8. $150,000 - $200,000
    <b>Bonhams, Sep. 26:</b> Whitman. Autograph Manuscript [in] The Complete Writings. One of 32 sets. $8,000 - $12,000
    <b>Bonhams, Sep. 26:</b> Columbus. De Insulis nuper in mari Indico repertis. Basel, 1494. $700,000 - $1,000,000
    <b>Bonhams, Sep. 26:</b> The Dr. Hendon M. Harris Jr. Korean Atlas Collection. [Korea; c.1700 to c.1890.] $35,000 - $50,000
    <b>Bonhams, Sep. 26:</b> Aa, Pieter van der. Naaukeurige versameling der gedenk-waardigste zee en land-reysen. Leyden, 1706-8. $8000 - $12,000
    <b>Bonhams, Sep. 27:</b> Russian Kholod 5D67 HFL Rocket Engine. $25,000 - $40,000
    <b>Bonhams, Sep. 27:</b> Neil Armstrong Apollo Era Training Glove. $8,000 - $12,000
    <b>Bonhams, Sep. 27:</b> Large Lunar Near Side Chart, Signed by 20th Century Surface Explorers. $20,000 - $25,000
    <b>Bonhams, Sep. 27:</b> Annotated Photo Album Detailing Alexander Graham Bell's Experiments with Tetrahedral Kites. $50,000 - $80,000
  • <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 27, 2017</b>
    <b>Forum Auctions, Sep. 27:</b> Cook (Captain James).- Webber (John) and Marie Catherina Prestel. Four views in the South Seas [bound with] <i>Atlas to accompany Captain James Cook's account of his voyages...</i> £4,000 to £6,000
    <b>Forum Auctions, Sep. 27:</b> Knight (Joseph). <i>On the cultivation of the plants belonging to the natural order of Proteeae</i>, 1809. £2,000 to £3,000
    <b>Forum Auctions, Sep. 27:</b> India & China.- Sonnerat (Pierre). <i>Voyage aux Indes Orientales et a la Chine, fait par ordre du roi, depuis 1774 jusqu'en 1781</i>. £20,000 to £30,000
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 27, 2017</b>
    <b>Forum Auctions, Sep. 27:</b> Mongolia.- Pallas (Peter Simon). <i>Sammlungen Historischer Nachrichten uber die Mongolischen Volkerschaften.</i> £15,000 to £20,000 
    <b>Forum Auctions, Sep. 27:</b> America.- Warre (Henry). <i>Sketches in North America</i>, 1848. £4,000 to £6,000
    <b>Forum Auctions, Sep. 27:</b> Atlases.- <i>English Pilot (The). The Fourth Book. Describing The West-Indian Navigation, from Hudson's Bay to the River Amazones...</i> £4,000 to £6,000
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 27, 2017</b>
    <b>Forum Auctions, Sep. 27:</b> Greece.- Lear (Edward). <i>Views of the Seven Ionian Isles</i>, signed presentation copy from the author to Evelyn Baring, 1863. £3,000 to £4,000
    <b>Forum Auctions, Sep. 27:</b> Lear (Edward).- [Gray (John Edward)]. <i>Gleanings from the Menagerie and Aviary at Knowsley Hall</i>, 1846. £7,000 to £10,000
    <b>Forum Auctions, Sep. 27:</b> Flamsteed (John). <i>Historiae Coelestis</i>, first edition,1712. £20,000 to £30,000
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 27, 2017</b>
    <b>Forum Auctions, Sep. 27:</b> Flamsteed (John). <i>Atlas Coelestis</i>, 1781. £10,000 to £15,000
    <b>Forum Auctions, Sep. 27:</b> Conjuring Posters.- The Steens, American Mystifiers: Originators of Silent Transmission. broadside poster, [probably 1890-1900]. £300 to £500
    <b>Forum Auctions, Sep. 27:</b> Tyndale's Bible.- Bible, English. The newe Testament, Richard Jugge, 1552; sold not subject to return. £10,000 to £15,000
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 27, 2017</b>
    <b>Forum Auctions, Sep. 27:</b> Cook (Captain James).- Webber (John) and Marie Catherina Prestel. Four views in the South Seas [bound with] <i>Atlas to accompany Captain James Cook's account of his voyages to the Pacific Ocean in the years 1776-1780.</i>
    <b>Forum Auctions, Sep. 27:</b> Knight (Joseph). <i>On the cultivation of the plants belonging to the natural order of Proteeae</i>, 1809. £2,000 to £3,000
    <b>Forum Auctions, Sep. 27:</b> India & China.- Sonnerat (Pierre). <i>Voyage aux Indes Orientales et a la Chine, fait par ordre du roi, depuis 1774 jusqu'en 1781</i>. £20,000 to £30,000
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 27, 2017</b>
    <b>Forum Auctions, Sep. 27:</b> Mongolia.- Pallas (Peter Simon). <i>Sammlungen Historischer Nachrichten uber die Mongolischen Volkerschaften.</i> £15,000 to £20,000 
    <b>Forum Auctions, Sep. 27:</b> America.- Warre (Henry). <i>Sketches in North America</i>, 1848. £4,000 to £6,000
    <b>Forum Auctions, Sep. 27:</b> Atlases.- <i>English Pilot (The). The Fourth Book. Describing The West-Indian Navigation, from Hudson's Bay to the River Amazones...</i> £4,000 to £6,000
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 27, 2017</b>
    <b>Forum Auctions, Sep. 27:</b> Greece.- Lear (Edward). <i>Views of the Seven Ionian Isles</i>, signed presentation copy from the author to Evelyn Baring, 1863. £3,000 to £4,000
    <b>Forum Auctions, Sep. 27:</b> Lear (Edward).- [Gray (John Edward)]. <i>Gleanings from the Menagerie and Aviary at Knowsley Hall</i>, 1846. £7,000 to £10,000
    <b>Forum Auctions, Sep. 27:</b> Flamsteed (John). <i>Historiae Coelestis</i>, first edition,1712. £20,000 to £30,000
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 27, 2017</b>
    <b>Forum Auctions, Sep. 27:</b> Flamsteed (John). <i>Atlas Coelestis</i>, 1781. £10,000 to £15,000
    <b>Forum Auctions, Sep. 27:</b> Conjuring Posters.- The Steens, American Mystifiers: Originators of Silent Transmission. broadside poster, [probably 1890-1900]. £300 to £500
    <b>Forum Auctions, Sep. 27:</b> Tyndale's Bible.- Bible, English. The newe Testament, Richard Jugge, 1552; sold not subject to return. £10,000 to £15,000
  • <b>Sotheby’s: The Library of John & Suzanne Bonham. 26 September in London. Viewing 22-25 September</b>
    Sotheby’s London, Sep. 26:</b> Churchill, Winston S. Two Typed Letters Signed, regarding the British North Greenland Expedition (1952-54). £3,000 to £4,000
    Sotheby’s London, Sep. 26:</b> Bernatz, Johann Martin. <i> Scenes in Ethiopia</i>. London: F.G. Moon, 1852. First edition. £6,000 to £8,000
    Sotheby’s London, Sep. 26:</b> Captain Lawrence Edward Grace Oates. Collection comprising (among other things): documents and pamphlets. £1,500 to £1,800
    <b>Sotheby’s: The Library of John & Suzanne Bonham. 26 September in London. Viewing 22-25 September</b>
    Sotheby’s London, Sep. 26:</b> Darwin, Charles, and Philip Parker King, and Robert FitzRoy. <i> Narrative of the Surveying Voyages of His Majesty's Ships Adventure and Beagle Between the Years 1826 and 1836…</i> £15,000 to £20,000
    Sotheby’s London, Sep. 26:</b> Spratt, Thomas A.B., and Edward Forbes. <i>Travels in Lycia, Milyas, and the Cibyratis</i>. London: John Van Voorst, 1847. £800 to £1,200
    Sotheby’s London, Sep. 26:</b> Richardson, John. <i>Arctic Searching Expedition: A Journal of a Boat-Voyage Through Rupert's Land and the Arctic Sea, In Search of Sir John Franklin</i>. £6,000 to £8,000

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