Rare Book Monthly

Articles - October - 2012 Issue

E-Books: A Tentative Settlement, a Challenge, and Some Lower Prices

K999

Once again $9.99 e-books can be found on Amazon.

The battle over e-book pricing that has ensnared Amazon, Apple, five book publishers, and the U.S. Department of Justice, took some more strange turns over the past few weeks. Some parties have settled, some fight on, some even wish to overturn the settlements. Meanwhile, the effect of some of the settlements has already begun to show up as Amazon lowered the price of some electronic books from $12.99 and $14.99 to $9.99, prices they set before the whole controversy erupted.

To briefly recap what you may already know, Amazon pioneered the e-book business, selling electronic books regularly in the $9.99 price range. That is substantially lower than printed copies, and for Amazon, left little room for profit. At times they sold for a loss. That was fine with Amazon. Their strategy was long term. They wanted to sell lots of their Kindle e-book readers, and dominate the electronic book field. The strategy appeared to be working as they controlled around 90% of the market.

However, book publishers, though getting their desired price from Amazon, were still uneasy. They saw cheap e-books as potentially eroding more expensive paper book sales, and feared the long term consequences of Amazon dominating the retail market. They wanted e-book prices to rise, so consumers would not become accustomed to low prices, and other retailers would be willing to enter the market.

Into this mix came Apple. Apple wanted to sell e-books too, but not for low margins. Apple likes to make lots of money now. So Apple agreed to sell e-books, provided they could charge more, yet still not be embarrassed by Amazon undercutting their prices. Apple and the book publishers had something in common – a desire to see e-book prices rise. So, five publishers and Apple agreed to contracts. These contracts specified that the publishers would now use what is known as the “agency model” to sell books. Instead of selling books at a wholesale price, and allowing retailers to decide what price they would charge, the publishers set the retail prices, and then charged a percentage of that price to the retailers. In other words, the model assured that all retailers would sell books for the same price. With Amazon no longer being able to sell for less, Apple, and others, felt free to enter the e-book retailing business.

The U.S. Department of Justice cried “foul.” This is price-fixing, they said. The D.O.J. sued. Three of the publishers blinked. HarperCollins, Hachette, and Simon & Schuster agreed to discontinue the agency model. Penguin, Macmillan, and Apple did not. Apple not only did not agree to the settlement, but is challenging the right of the others to agree to the settlement. After all, they have entered into an agreement with the publishers that provides for agency model pricing, so, they say, the publishers have no right to agree to a settlement that infringes on their contracts. If their contracts are illegal, then a court of law must determine so, not some private parties agreeing to abridge Apple's contracts. Apple seeks to strike down the settlements and uphold their “agency” contracts.

That has not stopped Amazon from acting quickly. Already, we are seeing $9.99 e-books return to the Amazon website where new agreements have been reached with the settling publishers. How do consumers feel? Apple and others have argued that the agency model is good for consumers because it enables more vendors to compete. Usually, consumers like competition. However, where you are selling a commodity item – all units are the same, as is the case with e-books – my guess is that consumers prefer to have one vendor who sells for less, than a whole mess of vendors, all charging the same higher price, from which to choose.

Rare Book Monthly

  • <b>Bonhams: Treasures from the Eric C. Caren Collection: How History Unfolds on Paper, Part VII (Online). March 6-14, 2019</b>
    <b>Bonhams, Mar 6-14:</b> Albert Einstein A remarkable letter on God in English, one of his most eloquent and quoted, 1 p, July 2, 1945. $100,000 to $150,000.
    <b>Bonhams, Mar 6-14:</b> Benjamin Lincoln's commission as Major General in the Continental Army, February 19th, 1777. $60,000 to $90,000.
    <b>Bonhams, Mar 6-14:</b> Broadside. A Poem Upon the Bloody Engagement That Was Fought on Bunker's-Hill. 1775. $15,000 to $25,000.
    <b>Bonhams, Mar 6-14:</b> Early, full printing of the Star-Spangled Banner in The Yankee, October 7, 1814. $8,000 to $12,000.
    <b>Bonhams, Mar 6-14:</b> Paul Revere. Engraving, “The Boston Massacre Perpetrated on March 5, 1770," in <i>Massachusett's Calendar 1772.</i> $8,000 to $12,000.
    <b>Bonhams: Treasures from the Eric C. Caren Collection: How History Unfolds on Paper, Part VII (Online). March 6-14, 2019</b>
    <b>Bonhams, Mar 6-14:</b> Earliest known newspaper coverage of Babe Ruth, "a St Mary's schoolboy," Baltimore, April 4, 1914. $6,000 to $9,000
    <b>Bonhams, Mar 6-14:</b> Franklin, Benjamin. <i>The Independent Whig.</i> First Magazine Published in America, Philadelphia: Keimer, 1723-4. $15,000 to $20,000
    <b>Bonhams, Mar 6-14:</b> Smith, Joseph. <i>The Book of Mormon.</i> Palmyra: Printed by E.B. Grandin for the Author, 1830. First printing. $40,000 to $60,000
    <b>Bonhams, Mar 6-14:</b> Last Words of Joseph Smith. Autograph Letter Signed from a Mormon disciple, conveying a contemporary account of the Prophet's final words, Nauvoo, July 27, 1844. $10,000 to $15,000
    <b>Bonhams, Mar 6-14:</b> John Brown's Body. Autograph Letter Signed from the daughter of John Brown attempting to arrange the return of her father's body, North Elba, Essex Co, NY, November 29, 1859. $4,000 to $6,000
    <b>Bonhams, Mar 6-14:</b> Powell Expedition. Autograph diary of Rhodes C. Allen kept during the Powell Expedition of 1868, June 29, 1868 - November 16, 1868. $20,000 to $40,000
  • <b>Bonhams, Mar 12:</b> Walt Whitman. <i>Leaves of Grass.</i> First edition, first issue, SIGNED in block letters by Whitman. 1855. $200,000 to $300,000
    <b>Bonhams, Mar 12:</b> Isaac Newton's copy of John Greave's <i>Pyramidographia,</i> London, 1646. $50,000 to $70,000
    <b>Bonhams, Mar 12:</b> Colonel John Mosby. Robert E. Lee's autograph letter to Samuel Cooper reporting on Mosby's exploits, with Cooper's autograph note ordering his appointment to Major.
    <b>Bonhams, Mar 12:</b> Gyula Halasz Brassai. Large archive of autograph and typed letters, over 260, to his family including his wife Gilberte, 1947-1978. $40,000 to $60,000
    <b>Bonhams, Mar 12:</b> Archive of drawings and letters from Harper Lee to Charles Carruth, including an inscribed first edition of <i>To Kill a Mockingbird.</i> $20,000 to $30,000
    <b>Bonhams, Mar 11:</b> VESALIUS, ANDREAS. 1514-1564. <i>De humani corporis fabrica libri septem.</i> Basel: Johannes Oporinus, June 1543. $300,000 to $500,000
    <b>Bonhams, Mar 11:</b> HARVEY, WILLIAM. 1578-1657. <i>De motu cordis & sanguinis in animalibus Anatomica Exercitatio.</i> Leiden: Joannis Maire, 1639. $25,000 to $35,000
    <b>Bonhams, Mar 11:</b> BERENGARIO DA CARPI, GIACOMO. 1460-1530. <i>Isagogae breves perlucide ac uberrimae in Anatomiam humani corporis.</i> Bologna: Benedictus Hectoris, 15 July 1523. $15,000 to $25,000
    <b>Bonhams NY, Mar 11:</b> FRANKLIN, BENJAMIN. 1706-1790. <i>Experiments and Observations on Electricity, made at Philadelphia in America…</i> London, 1769. $10,000 to $15,000
    <b>Bonhams NY, Mar 11:</b> BENIVIENI, ANTONIO. 1443-1502. <i>De abditis nonnullis ac mirandis morborum et sanationum causis.</i>Florence: Filippo Giunta, 1507. $8,000 to $12,000
  • <b>Swann Auction Galleries, Mar 7:</b> Miguel de Cervantes Saavedra, <i>El Ingenioso Hildalgo Don Quixote de la Mancha . . . Nueva Edición,</i> first Ibarra edition, Madrid, 1780. $8,000 to $12,000.
    <b>Swann Auction Galleries, Mar 7:</b> Illuminated Prayer Book in Latin and French, France, 1530-40s. $20,000 to $30,000.
    <b>Swann Auction Galleries, Mar 7:</b> Illuminated Book of Hours in Latin, France, mid-15th century. $15,000 to $20,000.
    <b>Swann Auction Galleries, Mar 7:</b><br><i>Die Ernsthaffte Christenpflicht,</i> earliest known edition of the first complete Mennonite prayer book, 1708. $300 to $500.
    <b>Swann Auction Galleries, Mar 7:</b> Georg Agricola, <i>De ortu & causis subterraneorum Lib V.,</i> first edition, Basel, 1546. $6,000 to $9,000.
    <b>Swann Auction Galleries, Mar 7:</b> Frederick Ruysch, <i>Icon durae matris in concava [convexa] superficie visae,</i> with 2 mezzotints by Jan Ladmiral, first edition, Amsterdam, 1737. $4,000 to $6,000.
    <b>Swann Auction Galleries, Mar 7:</b> Wilhelm Conrad Röntgen, <i>Eine Neue Art von Strahlen,</i> Würzburg, 1895. $3,000 to $5,000.
    <b>Swann Auction Galleries, Mar 7:</b> Pietro Carrera, <i>Il Gioco de gli Scacchi,</i> first edition, Militello, 1617. $4,000 to $6,000.
    <b>Swann Auction Galleries, Mar 7:</b> William Lithgow, <i>The Totall Discourse, of the Rare Adventures</i> [etc.], London, 1632. $2,000 to $3,000.
    <b>Swann Auction Galleries, Mar 7:</b> Michel de Nostradamus, <i>The True Prophecies or Prognostications,</i> first complete edition in English, London, 1672. $2,500 to $3,500.
    <b>Swann Auction Galleries, Mar 7:</b> Pseudo-Methodius, <i>De revelatione facta . . . beato Methodio,</i> Basel, 1504. $2,500 to $3,500.
    <b>Swann Auction Galleries, Mar 7:</b> Hrabanus Maurus, <i>De laudibus sancte crucis opus,</i> Pforzheim, 1503. $1,000 to $2,000.
  • <b>Chiswick Auctions: Autographs & Memorabilia. February 28, 2019</b>
    <b>Chiswick Auctions, Feb 28:</b> Autograph album featuring signatures by prominent actors, politicians, musicians and authors, including Rudolph Valentino. £1,000 to £1,500
    <b>Chiswick Auctions, Feb 28:</b> An extremely rare working radio script for Crazy People No 29, the first series of <i>The Goon Show.</i> £600 to £800
    <b>Chiswick Auctions, Feb 28:</b> Manuscript prayer book, in German. 8vo, 1755 £800 to £1,200
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    <b>Chiswick Auctions, Feb 27:</b> Thorburn (Archibald). Sparrowhawk, original watercolour & gouache, signed & dated lower right, 1917. £1,500 to £2,000
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    <b>Chiswick Auctions, Feb 27:</b> [Mount (Richard) & Page (Thomas)]. <i>The English Pilot. Describing the Sea-Coasts…</i> 31 engraved maps, W. & J. Mount, T. Page, 1756 £4000 to £6000
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    <b>Chiswick Auctions, Feb 27:</b> D’apres De Mannevillette (Jean-Baptiste Nicolas Denis). <i>Le Neptune Oriental.</i> Paris & Brest, [1775 – 1781]. £10,000 to £15,000
    <b>Chiswick Auctions, Feb 27:</b> Loring (Josiah). Terrestrial Globe Containing all the Late Discoveries and Geographical Improvements. Boston, Gilman Joslin, 1846, £800 to £1,200
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