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Apple facing class-action suit

29 July 2010

“Three iPad users claim that because the iPad will shut itself off after remaining in direct sunlight for long enough, it fails to meet the promises Apple made about using the iPad as an e-book reader. The group has filed a federal class-action lawsuit in the Northern California district to ‘redress and end this pattern of unlawful conduct,’ according to this report on Ars Technica.

The lawsuit claims that the iPad does not live up to Apple’s claim that “reading on the iPad is just like reading a book.”  Ars Technica reports, “This claim is patently false, according to the lawsuit, because a real book can be used in ‘the sunlight or other normal environmental conditions’ without shutting off.”

They go on to say:

When the iPad’s operating temperature reaches a critical level, it will force itself to shut down and display a message warning the user to let the device cool down before trying use it again. This warning is the same that iPhones and iPod touches give before shutting down when they overheat, often after being left in direct sunlight….

The iPad may not work “just like a book” at the beach or out in the hot sun. Does that fact truly make Apple guilty of fraud, negligent misrepresentation, deceptive advertising, unfair business practices, breach of express or implied warranty, intentional misrepresentation, or unjust enrichment? The plaintiffs are seeking class-action status and asking for an injunction against Apple’s “false” promises as well as “real” and punitive damages.

Chris Walters’ post over at the Consumerist wonders:

If the plaintiffs win, I think Apple should also be forced to install a wind sensor so that pages flip automatically when you’re outdoors in a strong breeze. Then the company could sell an “iPadWeight” wireless accessory ($69) that you would have to put on top of the screen to “hold down” the pages. A wireless “iMark” ($29) that would function as a bookmark wouldn’t be a bad idea, either.

All schadenfreude aside friends, this case does seem to fail the “reasonable person” test quite miserably. But, hey, this is America. You can sue for anything!

Wylie effort “bad for consumers,” says ABA head

29 July 2010

Everyone seems to have shut up about the Andrew “The Jackal” Wylie - Odyssey Editions - Amazon brouhaha, but there was one new, eloquent statement about it all yesterday, from American Booksellers Association head Oren Teicher, posted at the ABA’s Bookselling This Week:

The issues sparked by evolving business models in the rapidly developing world of digital publishing are multifaceted and, at times, complex. However, from the perspective of independent booksellers one important reality is unchanged: Diminishing the availability of titles and narrowing the options for readers can only harm our society in the long run. That the Wylie agency has sought to distribute these works through a single retailer is bad for the book industry and bad for consumers. Books — in whatever format — are crucibles of ideas and unique expression, and we should be doing all that we can to expand, not constrict, readers’ access to them.

Aftermath of a marketing campaign: Champions of the Midwest

29 July 2010

Perhaps the key component of our word of mouth marketing strategy for Every Man Dies Alone has been outreach to indie booksellers. It has always been our belief that it would take a network of smaller champions across the nation for this book to really sink in — to penetrate the literary marketplace as fully as possible and ultimately enter the canon. Thus, from the outset, publishers Dennis Johnson and Valerie Merians conducted a non-stop outreach to the people who’d always supported our not-so-obviously-commercial titles — the indies.

To charts the results of that effort, Melville House’s David Kinzer has been interviewing indie booksellers from across the country discussing what selling Every Man Dies Alone has been like for them, and what it represents about the brick and mortar bookselling scene today. (You can read the entire series here.) …

Jeff Waxman in Chicago's 57th Street Books

Jeff Waxman in Chicago's 57th Street Books

After speaking with Nancy Olson at the Quail Ridge Bookstore for yesterday’s episode, the question arises: Should indie booksellers make it their duty to emphasize books from independent publishers?

It’s a good question to put to Jeff Waxman, a bookseller at Chicago’s 57th Street Books, as well as “updater” of the store blog The Front Table, because his bookstore is a truly unique indie. It’s one of three shops (a college-campus store, a small shop at the Newberry Library, and 57th Street) all owned by a cooperative that operates under the rubric of the Seminary Co-op Bookstores. As such, they don’t even have an owner, let alone the stockholders of a chain — they have a huge co-op membership (”54,000 owners,” jokes Waxman) and a legendary general manager appointed by the co-op, Jack Cella.

And Waxman finds common ground with Olson in advancing the importance of a distinctive selection. “What makes any independent bookstore unique is the combination of the booksellers and their customers,” he says. “Bookstores are the products of their communities.”

He didn’t think Every Man Dies Alone, however, was the kind of book that necessarily needed extra-special emphasis to stand out from the crowd — he handsells it, apparently, out of sheer affection for the title, and goes out of his way to discuss the book’s universal appeal, rather than its offbeat elements. “It appeals to readers of German literature, people traveling to Berlin, readers of espionage novels, war novels,” he explains. “I can’t imagine anyone not enjoying this book.”

That universalism, he says, is the key to the book’s popularity at 57th Street, among both the staff and the customers: “Responses have been uniformly positive. With all of our sales [ed's note: in the huge Chicago market, 57th Street is outselling all other accounts on this title] no one’s ever returned it.”

For Waxman, that mass appeal renders moot the question of whether Every Man is more of an indie or a chain book. “I can’t see any bookseller not having success with this book,” he says. “But then again, I’ve never had anyone sell me a book at a chain store.”

Porn the top seller on iPad … until it disappears

29 July 2010

Blonde and Wet, the Complete Story was the top-ranked ebook on the iPad’s top-ten bestseller list Tuesday morning, reports Heidi Blake in a Telegraph story. Three other erotic novels were also on the list. By day’s end they’d all disappeared.

According to the Telegraph, “analysts said it was unlikely that all the erotic titles could have dropped out of the list at the same moment without being deliberately removed.”
Apple had no comment on the charges (although a Guardian report notes Steve Jobs is on the record about not wanting pornography on the iPad).

Meanwhile, “The most popular author among iPad users was, until yesterday, Carl East, a 55-year-old from Hull with more than 70 erotic books to his name. His titles, which are available for as little as 49p, were first, second and seventh in the chart before they disappeared.”

East was said to be “overwhelmed by his new found success,” and says, “I keep pinching myself to see if I am awake and sometimes I wonder, is this really happening to me.”

Röck ön, diaeresis

29 July 2010

For those who have always puzzled over heavy metal bands’ umlaut obsession, Michael Schaub at Bookslut points us to this illuminating Wikipedia link for your delectation:

A metal umlaut (also known as röck döts) is an umlaut mark that is sometimes used gratuitously or decoratively over letters in the names of heavy metal bands, for example those of Mötley Crüe and Motörhead. Among English speakers, the use of umlaut marks and other diacritics with a blackletter style typeface is a form of foreign branding intended to give a band’s logo a Teutonic quality. It is a form of marketing that evokes stereotypes of boldness and strength commonly attributed to ancient north European peoples, such as the Vikings and Goths; author Reebee Garofalo has attributed its use to a desire for a “Gothic horror” feel. The metal umlaut is never referred to by the term diaeresis in this usage, nor is it generally intended to affect the pronunciation of the band’s name.

These decorative umlauts have been parodied in film and fiction. In the mockumentary film This Is Spın̈al Tap (spelled with an umlaut mark over the n), fictional rocker David St. Hubbins (Michael McKean) says, “It’s like a pair of eyes. You’re looking at the umlaut, and it’s looking at you.”

Apparently Spial Tap’s umlaut over the a consonant was really pushing the envelope for diacritics. But, there is precedent. This usage can be found, according to Wikipedia, “in the Jakaltek language of Guatemala and in some orthographies of Malagasy, a language of Madagascar.”

Which is, presumably, where the original band members where from.

Anatomy of a marketing campaign, #9: Official spokespersons

28 July 2010

How do you market a book written in a foreign language by an author who’s now dead, that was originally published 60 years ago, and has been overlooked by mainstream publishing ever since? This series takes an ongoing, insider’s look at the campaign to get Hans Fallada’s Every Man Dies Alone on the bestseller lists, by Melville House publisher Dennis Johnson ….

The cover for the initial, hardcover release of Every Man Dies Alone

The cover for the initial, hardcover release of Every Man Dies Alone

It’s almost impossible in modern book marketing to have a successful book without someone acting as a public spokesman for it, preferably the author. It’s something authors like to complain about in public (while hectoring their publishers behind the scenes to for god’s sake get them on Oprah!) but there you have it. The author’s role in the blurred land between marketing and publicity has become more essential then ever. For example, there’s the infinite world of outreach — speaking to book clubs, visiting booksellers — which can go on for years. Then there’s the fact that so-called “off-book” features — essentially, anything that isn’t a review, such as author profiles or interviews — are de rigeur nowadays, and have grown to the point where they usually have more of an impact than even a great review.

And yes that includes reviews in the New York Times — a review there, like almost no place else, can still have a big impact. But a feature there, in my opinion, trumps even that. (Getting both leads to what’s known in indie publishing as a “heart attack.”) Every Man Dies Alone got a wonderful review there that made the many booksellers who put stock in Times reviews take notice and put us on display. But I could never convince the Times features editors to take my call. (Let’s just say they don’t pay attention to indie publishers the way the Los Angeles Times does.)

Okay, so in the case of Every Man Dies Alone, we knew that we had the most amazing off-book author of all time: a fascinating ex-con who had substantial substance abuse issues, was involved in duels and embezzlement and wrote books in code while incarcerated in a Nazi insane asylum, who stood up to the Nazis and was blacklisted and helped sneak money to Jewish writers — what’s not to love? What’s more, by all accounts Hans Fallada was a warm, chatty, friendly guy, quick with a joke and a smile — perfect for speaking to reading groups. There was only the one hitch: He’s dead.

Combine this with the tendency of places like the Times to ignore indies and favor authors who are beautiful, young, blond and related to staffers and you’ve got a problem.

What to do?

Normally, a publisher in this situation would have called in the translator (think of Richard Pevear and Larissa Volokhonsky out shilling for Tolstoy). But in this instance, we had a translator who wasn’t inclined or available.

But then we thought of something better when I saw that Hans Fallada’s oldest son, Ulrich Ditzen, had recently published a book about his relationship with his father. From there, we got lucky — it took me weeks to track him down, but when I finally got him on the phone, he gave me precisely the right answer to the question: “Do you speak English?” We brought him over for the launch.

It turned out to be one of our smarter moves. The 79-year-old Ditzen was deeply touched by our efforts to resusciatate his father’s work in English, and although not in the best of health he did a series of interviews on behalf of the project that, given how moved he was and the tragic nature of his father’s life, were truly stirring events.

Still, we weren’t able to generate as many interviews as you’d think — although we’d had a terrific Times review, as I say they don’t necessarily carry the weight they used to and we did not immediately generate all the great press we eventually got.

Which means we had a long effort in front of us with no ready spokesman.

It was time for some more improv. I was, at this point, probably the leading expert on Hans Fallada in the US. I was also more genuinely passionate about his work than perhaps the author himself was at the end. We took a page from Barney Rossett taking the stand on behalf of D.H. Lawrence and offered up Hans Fallada’s publisher — yours truly — as a spokesperson for the absent author. We decided to also try and broaden the appeal of that by pointing out there were interesting tangential story lines — for example, discussing what this story says about modern publishing or works in translation in the American or British market, say.

Surprisingly, there were some quick takers. For example, there was a great, in-depth interview with Kevin Sylvester for the CBC. More recently there was my talk with Leonard Lopate at New York’s local NPR affiliate, WNYC. There were interviews with newspapers — such as my recent talk with Julia Keller of the Chicago Tribune. And as time goes on, I’ve been speaking — both remotely and in person — with more and more book clubs and reader’s groups.

My favorite appearance, though, was when I appeared on a television show with an exhausted Ulrich Ditzen at the end of his American visit. Tired, not feeling well, and weary, too, I think, of speaking in English, it was a thrill to sit next to him as he held on to do a very difficult thing: speak in another language on TV. But I think his steely effort came across, and in the end, this was one of the most successful things we’ve done to support the book. Filmed the day after publication, but not aired until over a month later, it lifted us onto the Amazon bestseller list within hours of its broadcast. You can see it here:

Not dead yet

28 July 2010
Fidel Castro in a recent public appearance at the Havana aquarium

Fidel Castro in a recent public appearance at the Havana aquarium

Don’t count him out yet: Cuba’s Fidel Castro, long considered at death’s door, has announced that he is publishing a new book. According to this CNN report, Castro will “publish a new book in August on the fighting more than 50 years ago between his ragtag rebels and the 10,000-strong army under former dictator Fulgencio Batista.”

According to a (Spanish language) post on the state-run website, www.cubadebate.cu, Castro says the book will be called The Strategic Victory, and “I didn’t know whether to call it Batista’s Last Offensive or How 300 Defeated 10,000, which would sound like a science fiction story.” Always the jokester.

Castro, according to CNN’s report, said “the 25 chapters contain photos, maps and illustrations of the weapons used during a series of battles that lasted 74 days in 1958 and paved the way for his bearded revolutionaries to declare victory on January 1, 1959. “The enemy suffered more than 1,000 losses, more than 300 of them deaths and 443 taken prisoner,” he writes, seeming to indicate that math may not be his strong point.

Since 2006, when illness caused Castro to cede his head-of-state powers to his brother, Raul, he has been posting his “Reflections of Comrade Fidel” for cubadebate.cu. Now, with his announcement of the forthcoming book and a concurrent increase in his public activity—making seven appearances in the last few weeks— it sounds like he is ready for his comeback tour.

And there’s more. According to CNN, “Castro said he would now start work on a book covering the second half of the fighting, called The Final Strategic Counteroffensive.”

Which all brings to mind a classic Chevy Chase routine from way back when on Saturday Night Live. For those of you too young to remember, you can catch it here:

Godzilla vs. Mothra: The final chapter?

28 July 2010

The Andrew Wylie / Odyssey Books / Amazon / Random House story took an ugly turn yesterday when two different hastags popped up on Twitter: @EvilWylie and @GoodRandomHouse.

Among their first posts: “Sizzling summer deals! Evil Wylie just posted e-book rights to Philip Roth’s backlist on Priceline. Name your price!” (@EvilWylie) and “True Fact: @EvilWylie is the reason there are reception issues with the iPhone 4.” (@GoodRandomHouse)

True, they do go off topic sometimes, such as when GoodRandomHouse posted, “Strange…Janet Evanovich just left the @GoodRandomHouse offices, and now nobody here can find their watches or jewelry.”

However their wrath is generally more focussed, and seems destined to take down everyone in the business with them. For example, we first read about this on Publishers Lunch — and no sooner was that post published than the following appeared at @EvilWylie: “Evil Wylie loves @publisherslunch because I love eating publishers for lunch.”

This is getting out of hand, I tell you ….

Aftermath of a marketing campaign: Indie champions in the South

28 July 2010

Perhaps the key component of our word of mouth marketing strategy for Every Man Dies Alone has been outreach to indie booksellers. It has always been our belief that it would take a network of smaller champions across the nation for this book to really sink in — to penetrate the literary marketplace as fully as possible and ultimately enter the canon. Thus, from the outset, publishers Dennis Johnson and Valerie Merians conducted a non-stop outreach to the people who’d always supported our not-so-obviously-commercial titles — the indies.

To charts the results of that effort, Melville House’s David Kinzer has been interviewing indie booksellers from across the country discussing what selling Every Man Dies Alone has been like for them, and what it represents about the brick and mortar bookselling scene today. (You can read the entire series here.) …

Nancy Olson

Nancy Olson

Quail Ridge Books & Music, in Raleigh, North Carolina, is a venerable institution in its hometown — in no small part because of its venerable owner, Nancy Olson. In fact, just last week the town named her the winner of the “Medal of Arts” — Raleigh’s highest cultural honor — in a press release that called her “a champion for many local causes, including hunger relief, AIDS and literacy, which include her ‘Books for Kids’ program.”

It’s easy to see why the citation called her a “champion” — she seems to relish being a champion of indie publishers, too. For example, she got one of the first ARCs of Every Man Dies Alone, and quickly surmised the difficult scenario it faced: dead author, translated text, small publisher, and a subject matter that some might see as dark. Her conclusion: “This is a book that requires handselling.” In other words, the book need a champion.

It’s the kind of challenge Olson seems to thrive on, since Quail Ridge explicitly sets out to publicize and make available indie and hard-to-find books. “We strive to offer a different selection, less commercial,” she says. It should be noted that Olson is a smart businesswoman (Publishers Weekly named her “Bookseller of the Year” in 2001) and this isn’t just idealism — it’s a way for Quail Ridge to differentiate itself from the 14 chain bookstores near-by. (And they say bookselling’s in trouble…)

And when she believes in something, she really believes in it. Like Bob Sommer of Changing Hands (see yesterday’s profile), she took her advocacy of Every Man beyond the boundaries of her store to nominate it for an Indie Next Pick, a suggested reading list put out monthly by the Association of American Publishers. “By turns horrifying and inspiring, Hans Fallada’s story of an ordinary German couple defying the Nazi’s inhumane brutality is authentic and informative — an admirable addition to German literature,” she wrote in her recommendation.

Now, she says, indie-consciousness has been part of what’s made Every Man Dies Alone a success at Quail Ridge. “I feel strongly that it is books like this that define the strengths of independent booksellers –- finding the quality, overlooked books and getting them into appreciative customers hands. It sets us apart from stores that feature more commercial books.”

Happy Birthday, Gerard

28 July 2010

Today is the birthday of the great English poet, Gerard Manley Hopkins, born on this day in 1844 in Stratford, Essex, England. Raised Anglican, in an artistic and prosperous home, he studied classics at Balliol College, Oxford. Hopkins converted to Catholicism in 1866, and he decided to become a priest himself. He entered a Jesuit novitiate near London in 1867, and he vowed to “write no more…unless it were by the wish of my superiors.” Hopkins burnt all of his poetry and would not write poems again until 1875.

Nonetheless, when he began writing again, on the occasion of a shipwreck that took the lives of five Franciscan nuns, it was an outpouring unlike anything English language poetry had seen. His highly compressed, musical language introduced new aural affects, often using familiar words in unfamiliar ways. Straining at the boundaries of sense, he pushed poetic language into the 20th Century.

For a full taste of Hopkin’s accomplishments, try the magnificent poem below — perhaps the first cri-de-coeur for environmental sensitivity in English Letters:

Binsey Poplars

felled 1879

My aspens dear, whose airy cages quelled,
Quelled or quenched in leaves the leaping sun,
All felled, felled, are all felled;
Of a fresh and following folded rank
Not spared, not one
That dandled a sandalled
Shadow that swam or sank
On meadow & river & wind-wandering weed-winding bank.

O if we but knew what we do
When we delve or hew —
Hack and rack the growing green!
Since country is so tender
To touch, her being só slender,
That, like this sleek and seeing ball
But a prick will make no eye at all,
Where we, even where we mean
To mend her we end her,
When we hew or delve:
After-comers cannot guess the beauty been.
Ten or twelve, only ten or twelve
Strokes of havoc unselve
The sweet especial scene,
Rural scene, a rural scene,
Sweet especial rural scene.

If the above piqued your interest, the Poetry Foundation website has more here on Gerard Manley Hopkins.