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What’s the greater fear for publishers? Amazon or piracy?

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Pottermore changed the game this morning. Congratulations to Charlie Redmayne, their CEO.

The “aha” moment for me was when somebody on a listserv mentioned they’d bought Kindle editions of the seven Harry Potter books which, it had been announced, were available only from the Pottermore site.

Penny drops. First thought: Hnh? How did that happen?

Then the news came that Amazon was referring people off its site to Pottermore to buy the Kindle editions of Harry Potter ebooks. (It turns out that Barnes & Noble is doing the same.) There they register themselves and then can buy the ebooks.

This is, by far, the biggest concession that has been wrested from Amazon since John Sargent faced them down over the buy buttons on Macmillan print books on that January weekend in 2010 following the Thursday when Sargent flew out to Seattle to tell them Macmillan was going to the agency model.

In January at Digital Book World, in what turned out to be a prescient presentation, Matteo Berlucchi of Anobii (an ebook retailer based in the UK that is partly owned by three major publishers) observed that only by eliminating DRM could he sell to Kindle customers. He pleaded with publishers to do that.

Now Redmayne, who until November was working for HarperCollins, has demonstrated the truth in what Berlucchi said.

Back in about 2007, HarperCollins was instrumental in turning LibreDigital into an ebook delivery platform. At the time, Brian Murray, Harper’s CEO, articulated the vision that the publisher would just serve all the ebooks to customers, with no need to entrust retailers with digital copies. I believe one of the stated motivations was to reduce piracy by reducing the number of points of distribution of files. The idea was shut down pretty quickly because Amazon and other retailers wouldn’t go along. They would have said, and it would have been a reasonable point, that they had to control the service levels to their customers.

Redmayne and Pottermore have now demonstrated that if you will live with the anti-piracy protection of watermarking, rather than insisting on a digital hammerlock through DRM, you can gain extraordinary leverage.

Without DRM, as Berlucchi explained, anybody can sell ebooks that can be read on a Kindle. Once Pottermore decided they could live without DRM, they faced Amazon with a very difficult choice. The ebooks were going to go on Kindle devices whether Amazon wanted them there or not. Either they could ignore them or they could play along. I am sure the “play along” deal includes compensation to Amazon for the sales they refer (as it does B&N and, according to a quote from Redmayne, other distribution relations and affiliations will be enabled going forward.)

In other words, in a refreshing change from recent history, the content owner was able to present Amazon with a “take it or leave it” proposition. They decided to “take it”. They were wise. The game was changing either way.

The $64 million question is how the Big Six executives and strategists are viewing these developments. There is no author in the world with the power of J.K. Rowling to do this; she’s the Beatles. But, how about a big publisher? What would happen if Random House or HarperCollins (or one or more of the other four) told Amazon, “we’re taking off the DRM and we’re going to serve all our ebooks ourselves; you’re welcome to continue to sell our books on a referral basis”?

Could this change the strategy for Bookish going forward?

Obviously, this tactic won’t work if it is done by a publisher without tons of bestsellers and must-have backlist. In fact, it could generate a huge advantage for big publishers, assuming they can pull it off and smaller ones can’t.

I’ve been posing two questions in recent posts. “When does Amazon’s share growth stop?” and “Who’s left standing when it does?”

I put a new one at the top of this post. If publishers can overcome their fear of piracy, they will have, as Matteo Berlucchi proposed and Charlie Redmayne has just demonstrated, an enormous weapon to fight Amazon.

One entity that will definitely be “left standing” is Pottermore. And they’ll have the names of the people that were referred over to them by Amazon.


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