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	<title>Comments on: Ebooks: Defending the Agency Model</title>
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	<link>http://www.mondaynote.com/2012/03/11/ebooks-defending-the-agency-model/</link>
	<description>Media, Tech &#38; Business Models</description>
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		<title>By: Understanding The Agency Model And The DOJ’s Allegations Against Apple And Those Publishers &#124; AVORAH - Geek Lifestyle Reviews And Views - TECH, GADGETS, STYLE.</title>
		<link>http://www.mondaynote.com/2012/03/11/ebooks-defending-the-agency-model/#comment-25034</link>
		<dc:creator>Understanding The Agency Model And The DOJ’s Allegations Against Apple And Those Publishers &#124; AVORAH - Geek Lifestyle Reviews And Views - TECH, GADGETS, STYLE.</dc:creator>
		<pubDate>Thu, 12 Apr 2012 20:18:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.mondaynote.com/?p=4554#comment-25034</guid>
		<description>[...] Ebooks: Defending the Agency Model [...]</description>
		<content:encoded><![CDATA[<p>[...] Ebooks: Defending the Agency Model [...]</p>
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		<title>By: Scott Turow on the DoJ &#124; Butcher, Baker</title>
		<link>http://www.mondaynote.com/2012/03/11/ebooks-defending-the-agency-model/#comment-24789</link>
		<dc:creator>Scott Turow on the DoJ &#124; Butcher, Baker</dc:creator>
		<pubDate>Thu, 29 Mar 2012 19:02:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.mondaynote.com/?p=4554#comment-24789</guid>
		<description>[...] After Apple entered the market, that figure dropped to an estimated 60%. [...]</description>
		<content:encoded><![CDATA[<p>[...] After Apple entered the market, that figure dropped to an estimated 60%. [...]</p>
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		<title>By: Placing Bets on Disruption: A Losing Game? &#124; Butcher, Baker</title>
		<link>http://www.mondaynote.com/2012/03/11/ebooks-defending-the-agency-model/#comment-23580</link>
		<dc:creator>Placing Bets on Disruption: A Losing Game? &#124; Butcher, Baker</dc:creator>
		<pubDate>Sat, 17 Mar 2012 14:26:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.mondaynote.com/?p=4554#comment-23580</guid>
		<description>[...] by solving the one immediately at hand. As the esteemed Frederic Filloux points out in, &#8220;Ebooks: Defending the Agency Model,&#8221; Amazon&#8217;s Kindle format presently accounts for 60% of eBook sales. Sure, that&#8217;s [...]</description>
		<content:encoded><![CDATA[<p>[...] by solving the one immediately at hand. As the esteemed Frederic Filloux points out in, &#8220;Ebooks: Defending the Agency Model,&#8221; Amazon&#8217;s Kindle format presently accounts for 60% of eBook sales. Sure, that&#8217;s [...]</p>
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		<title>By: Ebook, l&#8217;Antitrust entra nella guerra tra Amazon ed Apple : Quotidiano Online</title>
		<link>http://www.mondaynote.com/2012/03/11/ebooks-defending-the-agency-model/#comment-23560</link>
		<dc:creator>Ebook, l&#8217;Antitrust entra nella guerra tra Amazon ed Apple : Quotidiano Online</dc:creator>
		<pubDate>Sat, 17 Mar 2012 10:15:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.mondaynote.com/?p=4554#comment-23560</guid>
		<description>[...] la proposta fatta da Steve Jobs di cambiare il criterio per fissare il prezzo dei libri digitali, passando da quello &#8216;all&#8217;ingrosso&#8217; a quello &#8216;agenzia&#8217;. Il primo in voga sia per [...]</description>
		<content:encoded><![CDATA[<p>[...] la proposta fatta da Steve Jobs di cambiare il criterio per fissare il prezzo dei libri digitali, passando da quello &#8216;all&#8217;ingrosso&#8217; a quello &#8216;agenzia&#8217;. Il primo in voga sia per [...]</p>
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		<title>By: Most Sellable Skin Analyzer by Doctors</title>
		<link>http://www.mondaynote.com/2012/03/11/ebooks-defending-the-agency-model/#comment-23464</link>
		<dc:creator>Most Sellable Skin Analyzer by Doctors</dc:creator>
		<pubDate>Fri, 16 Mar 2012 08:45:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.mondaynote.com/?p=4554#comment-23464</guid>
		<description>You done a Great job..and Thanks for sharing this info...</description>
		<content:encoded><![CDATA[<p>You done a Great job..and Thanks for sharing this info&#8230;</p>
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		<title>By: chuck</title>
		<link>http://www.mondaynote.com/2012/03/11/ebooks-defending-the-agency-model/#comment-23367</link>
		<dc:creator>chuck</dc:creator>
		<pubDate>Thu, 15 Mar 2012 08:38:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.mondaynote.com/?p=4554#comment-23367</guid>
		<description>Yep! And here&#039;s how we&#039;ve got paperbacks that are CHEAPER than ebooks. Fuck that!</description>
		<content:encoded><![CDATA[<p>Yep! And here&#8217;s how we&#8217;ve got paperbacks that are CHEAPER than ebooks. Fuck that!</p>
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		<title>By: Toni</title>
		<link>http://www.mondaynote.com/2012/03/11/ebooks-defending-the-agency-model/#comment-23139</link>
		<dc:creator>Toni</dc:creator>
		<pubDate>Tue, 13 Mar 2012 05:01:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.mondaynote.com/?p=4554#comment-23139</guid>
		<description>Fashion sells. There&#039;s no point in going against it.</description>
		<content:encoded><![CDATA[<p>Fashion sells. There&#8217;s no point in going against it.</p>
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		<title>By: Required</title>
		<link>http://www.mondaynote.com/2012/03/11/ebooks-defending-the-agency-model/#comment-23073</link>
		<dc:creator>Required</dc:creator>
		<pubDate>Mon, 12 Mar 2012 16:23:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.mondaynote.com/?p=4554#comment-23073</guid>
		<description>&gt;&gt; [Publishers] asked Steve Jobs for the agency model: price set by them and Apple taking its 30% cut. Jobs obliged...

Actually, Apple&#039;s App Store had already been using a 70%/30% agency split with iOS app developers for a few years, and iTunes was already all set up for that approach. 70/30 would have been Apple&#039;s natural first choice/suggestion for model. 

(Why would Apple expect to re-write the existing iTunesConnect backend to accommodate a custom alternate model for a single product line? From their point of view, 70/30 is how they were running their store, and books were just one more product to put into their existing storefront.)

&gt;&gt; Jobs’ move put publishers in a position to go back to Amazon and ask for the same conditions.

Actually, publishers would have been forced to take this new model to Amazon, because of their pre-existing agreements with Amazon. Many publishers&#039; existing agreements with Amazon require them to give Amazon the best existing price. Most agency prices are actually lower than wholesale list prices, so when the publishers switched to sending out a lower price to Apple, they would have had to take that arrangement to Amazon as well.

Publishers may have leapt at Apple&#039;s customary 70/30 when they realized it would give them a way to set pricing expectations in an emerging market. But overall they appear to have been react-ers, finding an advantage in a  conflict between retailers&#039; contracts, rather than adept schemers and plotters.</description>
		<content:encoded><![CDATA[<p>&gt;&gt; [Publishers] asked Steve Jobs for the agency model: price set by them and Apple taking its 30% cut. Jobs obliged&#8230;</p>
<p>Actually, Apple&#8217;s App Store had already been using a 70%/30% agency split with iOS app developers for a few years, and iTunes was already all set up for that approach. 70/30 would have been Apple&#8217;s natural first choice/suggestion for model. </p>
<p>(Why would Apple expect to re-write the existing iTunesConnect backend to accommodate a custom alternate model for a single product line? From their point of view, 70/30 is how they were running their store, and books were just one more product to put into their existing storefront.)</p>
<p>&gt;&gt; Jobs’ move put publishers in a position to go back to Amazon and ask for the same conditions.</p>
<p>Actually, publishers would have been forced to take this new model to Amazon, because of their pre-existing agreements with Amazon. Many publishers&#8217; existing agreements with Amazon require them to give Amazon the best existing price. Most agency prices are actually lower than wholesale list prices, so when the publishers switched to sending out a lower price to Apple, they would have had to take that arrangement to Amazon as well.</p>
<p>Publishers may have leapt at Apple&#8217;s customary 70/30 when they realized it would give them a way to set pricing expectations in an emerging market. But overall they appear to have been react-ers, finding an advantage in a  conflict between retailers&#8217; contracts, rather than adept schemers and plotters.</p>
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		<title>By: Mike Cane</title>
		<link>http://www.mondaynote.com/2012/03/11/ebooks-defending-the-agency-model/#comment-23045</link>
		<dc:creator>Mike Cane</dc:creator>
		<pubDate>Mon, 12 Mar 2012 11:19:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.mondaynote.com/?p=4554#comment-23045</guid>
		<description>&gt;&gt;&gt;You end up with absurdly low prices:

Which you are probably very fond of paying, yet you want eBooks to have laughable price-gouging.  You&#039;ve become The Man.

Don’t Believe The eBook Anti-Anti-Trust Spin
http://mikecanex.wordpress.com/2012/03/11/dont-believe-the-ebook-anti-anti-trust-spin/</description>
		<content:encoded><![CDATA[<p>&gt;&gt;&gt;You end up with absurdly low prices:</p>
<p>Which you are probably very fond of paying, yet you want eBooks to have laughable price-gouging.  You&#8217;ve become The Man.</p>
<p>Don’t Believe The eBook Anti-Anti-Trust Spin<br />
<a href="http://mikecanex.wordpress.com/2012/03/11/dont-believe-the-ebook-anti-anti-trust-spin/" rel="nofollow">http://mikecanex.wordpress.com/2012/03/11/dont-believe-the-ebook-anti-anti-trust-spin/</a></p>
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		<title>By: The Morning Coffee &#8211; 12 March 2012 - The Digital Reader</title>
		<link>http://www.mondaynote.com/2012/03/11/ebooks-defending-the-agency-model/#comment-23025</link>
		<dc:creator>The Morning Coffee &#8211; 12 March 2012 - The Digital Reader</dc:creator>
		<pubDate>Mon, 12 Mar 2012 08:33:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.mondaynote.com/?p=4554#comment-23025</guid>
		<description>[...] s1); })();EmailHere are a few posts to read this morning.Ebooks: Defending the Agency Model (The Monday Note)The ebook that forces the reader to pay attention (The Guardian)French Cultural Center expands [...]</description>
		<content:encoded><![CDATA[<p>[...] s1); })();EmailHere are a few posts to read this morning.Ebooks: Defending the Agency Model (The Monday Note)The ebook that forces the reader to pay attention (The Guardian)French Cultural Center expands [...]</p>
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		<title>By: Corrupted Mind</title>
		<link>http://www.mondaynote.com/2012/03/11/ebooks-defending-the-agency-model/#comment-23015</link>
		<dc:creator>Corrupted Mind</dc:creator>
		<pubDate>Mon, 12 Mar 2012 07:01:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.mondaynote.com/?p=4554#comment-23015</guid>
		<description>Two comments.

Firstly, publishers are able to set the wholesale price at whatever they wish. The idea that they have to sell them cheaply is a fallacy. If Amazon wants to make a loss surely its up to them.Cheaply

Secondly, the agency model alone wasn&#039;t sufficient to raise prices but the agreements prohibiting sale by any other model. It was this which had the greatest price fixing impact and that they all acted in concert moving to this model for the launch of ibooks illustrates the collusion.</description>
		<content:encoded><![CDATA[<p>Two comments.</p>
<p>Firstly, publishers are able to set the wholesale price at whatever they wish. The idea that they have to sell them cheaply is a fallacy. If Amazon wants to make a loss surely its up to them.Cheaply</p>
<p>Secondly, the agency model alone wasn&#8217;t sufficient to raise prices but the agreements prohibiting sale by any other model. It was this which had the greatest price fixing impact and that they all acted in concert moving to this model for the launch of ibooks illustrates the collusion.</p>
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		<title>By: Fab</title>
		<link>http://www.mondaynote.com/2012/03/11/ebooks-defending-the-agency-model/#comment-23010</link>
		<dc:creator>Fab</dc:creator>
		<pubDate>Mon, 12 Mar 2012 06:39:52 +0000</pubDate>
		<guid isPermaLink="false">http://www.mondaynote.com/?p=4554#comment-23010</guid>
		<description>If you think this model is bad, think of the situation of farmers who sell their stuff through supermarkets. It&#039;s even worse. But many consumers have benefited a lot from prices going down. Farmers who produce an item are not the one setting the price, although they would like to.</description>
		<content:encoded><![CDATA[<p>If you think this model is bad, think of the situation of farmers who sell their stuff through supermarkets. It&#8217;s even worse. But many consumers have benefited a lot from prices going down. Farmers who produce an item are not the one setting the price, although they would like to.</p>
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		<title>By: zato</title>
		<link>http://www.mondaynote.com/2012/03/11/ebooks-defending-the-agency-model/#comment-23007</link>
		<dc:creator>zato</dc:creator>
		<pubDate>Mon, 12 Mar 2012 06:25:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.mondaynote.com/?p=4554#comment-23007</guid>
		<description>Len Feldman: &quot;Yes, the U.S. Government can force Apple and the five publishers to go back to the wholesale model...&quot;

What wholesale model - the Amazon wholesale model, where Amazon pays the publisher 30% of publisher retail for books? And set retail at whatever will drive all other retailers out if business. No publisher, or retailer other than Amazon, wants to go back to that.</description>
		<content:encoded><![CDATA[<p>Len Feldman: &#8220;Yes, the U.S. Government can force Apple and the five publishers to go back to the wholesale model&#8230;&#8221;</p>
<p>What wholesale model &#8211; the Amazon wholesale model, where Amazon pays the publisher 30% of publisher retail for books? And set retail at whatever will drive all other retailers out if business. No publisher, or retailer other than Amazon, wants to go back to that.</p>
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		<title>By: Len Feldman</title>
		<link>http://www.mondaynote.com/2012/03/11/ebooks-defending-the-agency-model/#comment-22975</link>
		<dc:creator>Len Feldman</dc:creator>
		<pubDate>Mon, 12 Mar 2012 01:58:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.mondaynote.com/?p=4554#comment-22975</guid>
		<description>Let me make one more point that might clarify things:  The agency model was forced on every U.S. eBook reseller and wholesaler by the Big 6. With the exception of Apple, there were no &quot;negotiations&quot; involved--resellers were told that they had two choices: Accept the agency model or stop selling the publishers&#039; eBooks.</description>
		<content:encoded><![CDATA[<p>Let me make one more point that might clarify things:  The agency model was forced on every U.S. eBook reseller and wholesaler by the Big 6. With the exception of Apple, there were no &#8220;negotiations&#8221; involved&#8211;resellers were told that they had two choices: Accept the agency model or stop selling the publishers&#8217; eBooks.</p>
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		<title>By: Len Feldman</title>
		<link>http://www.mondaynote.com/2012/03/11/ebooks-defending-the-agency-model/#comment-22973</link>
		<dc:creator>Len Feldman</dc:creator>
		<pubDate>Mon, 12 Mar 2012 01:48:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.mondaynote.com/?p=4554#comment-22973</guid>
		<description>Yes, the U.S. Government can force Apple and the five publishers to go back to the wholesale model, either if the Justice Department prevails in court or by consent decree. Whether or not that causes Apple to get out of the eBook business is Apple&#039;s decision. As for collusion everywhere, your argument is tantamount to saying that someone got away with murder, so I should be able to get away with murder, too.</description>
		<content:encoded><![CDATA[<p>Yes, the U.S. Government can force Apple and the five publishers to go back to the wholesale model, either if the Justice Department prevails in court or by consent decree. Whether or not that causes Apple to get out of the eBook business is Apple&#8217;s decision. As for collusion everywhere, your argument is tantamount to saying that someone got away with murder, so I should be able to get away with murder, too.</p>
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		<title>By: So What</title>
		<link>http://www.mondaynote.com/2012/03/11/ebooks-defending-the-agency-model/#comment-22959</link>
		<dc:creator>So What</dc:creator>
		<pubDate>Sun, 11 Mar 2012 23:34:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.mondaynote.com/?p=4554#comment-22959</guid>
		<description>So Lets assume Apple is found guilty.
Can the government force them to offer wholesale model.
or Will Apple just dump the whole book market.

This kind of collusion is everywhere from Wall Street to Oil Companies.
Government doesn&#039;t even prosecute crimes admitted under oath
like Goldman Sachs just testified that they software that was stolen
by a russian was for manipulating the market.</description>
		<content:encoded><![CDATA[<p>So Lets assume Apple is found guilty.<br />
Can the government force them to offer wholesale model.<br />
or Will Apple just dump the whole book market.</p>
<p>This kind of collusion is everywhere from Wall Street to Oil Companies.<br />
Government doesn&#8217;t even prosecute crimes admitted under oath<br />
like Goldman Sachs just testified that they software that was stolen<br />
by a russian was for manipulating the market.</p>
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		<title>By: Len Feldman</title>
		<link>http://www.mondaynote.com/2012/03/11/ebooks-defending-the-agency-model/#comment-22955</link>
		<dc:creator>Len Feldman</dc:creator>
		<pubDate>Sun, 11 Mar 2012 22:44:16 +0000</pubDate>
		<guid isPermaLink="false">http://www.mondaynote.com/?p=4554#comment-22955</guid>
		<description>The comparison between Time Magazine in the U,S, and Paris Match in France isn&#039;t completely fair. Time sells its subscriptions for $30/year (see http://goo.gl/i7cNC), which includes both a print and tablet subscription. Amazon and other resellers are simply selling subscriptions for the same price.

Second, all evidence available, including Steve Jobs&#039; comments in Walter Isaacson&#039;s biography, suggests that it was Apple that proposed the agency model to the &quot;Big 6&quot; publishers, not the other way around. Five of the six adopted it as a way to wrest pricing control from Amazon.

Finally, why, exactly, are books different from appliances so far as pricing is concerned? In the U.S., manufacturers have a very constrained ability to control the prices at which their products are sold. They can do so by limiting distribution, by limiting the wholesale margins that resellers get, or by using non-price means (such as co-op fees) to encourage support of pricing policies. Price-fixing is against the law in the U.S (see the Sherman Act), and the EU is expected to take similar action against Apple and the publishers  in Europe.</description>
		<content:encoded><![CDATA[<p>The comparison between Time Magazine in the U,S, and Paris Match in France isn&#8217;t completely fair. Time sells its subscriptions for $30/year (see <a href="http://goo.gl/i7cNC" rel="nofollow">http://goo.gl/i7cNC</a>), which includes both a print and tablet subscription. Amazon and other resellers are simply selling subscriptions for the same price.</p>
<p>Second, all evidence available, including Steve Jobs&#8217; comments in Walter Isaacson&#8217;s biography, suggests that it was Apple that proposed the agency model to the &#8220;Big 6&#8243; publishers, not the other way around. Five of the six adopted it as a way to wrest pricing control from Amazon.</p>
<p>Finally, why, exactly, are books different from appliances so far as pricing is concerned? In the U.S., manufacturers have a very constrained ability to control the prices at which their products are sold. They can do so by limiting distribution, by limiting the wholesale margins that resellers get, or by using non-price means (such as co-op fees) to encourage support of pricing policies. Price-fixing is against the law in the U.S (see the Sherman Act), and the EU is expected to take similar action against Apple and the publishers  in Europe.</p>
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		<title>By: Fafnir</title>
		<link>http://www.mondaynote.com/2012/03/11/ebooks-defending-the-agency-model/#comment-22949</link>
		<dc:creator>Fafnir</dc:creator>
		<pubDate>Sun, 11 Mar 2012 21:58:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.mondaynote.com/?p=4554#comment-22949</guid>
		<description>Switzerland, which let its people to decide directly, has rejected massively (in particular in the German speaking part because they have tested this bitter medicine not long ago) the anti-dumping law on books.</description>
		<content:encoded><![CDATA[<p>Switzerland, which let its people to decide directly, has rejected massively (in particular in the German speaking part because they have tested this bitter medicine not long ago) the anti-dumping law on books.</p>
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		<title>By: Nate</title>
		<link>http://www.mondaynote.com/2012/03/11/ebooks-defending-the-agency-model/#comment-22940</link>
		<dc:creator>Nate</dc:creator>
		<pubDate>Sun, 11 Mar 2012 19:23:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.mondaynote.com/?p=4554#comment-22940</guid>
		<description>&quot;he wanted to boost iPad sales and, to do that, needed to attack Amazon’s domination of the ebook market. &quot;

Nope. Hardware is not content. Apple could just as easily have pushed for Kindle apps on the iPad. They didn&#039;t have to open an ebookstore.</description>
		<content:encoded><![CDATA[<p>&#8220;he wanted to boost iPad sales and, to do that, needed to attack Amazon’s domination of the ebook market. &#8221;</p>
<p>Nope. Hardware is not content. Apple could just as easily have pushed for Kindle apps on the iPad. They didn&#8217;t have to open an ebookstore.</p>
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