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Distinguished Bibliophile
patgolfneb
Posts: 1,757
Registered: ‎09-10-2011
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Re: Adjustment of Agency Model collusion refund amounts

Because even agency books sold at different prices at different times. Simplifying the calculations removes one of the grounds for delay. Companies have historically used arguments like that slow disbursement. I am not saying that is valid for a product that is always bought and distributed electronically. But delaying payments as long as possible with legal maneuvers if the negative publicity is mild is common.
Inspired Wordsmith
icebike
Posts: 4,434
Registered: ‎11-30-2009

Re: Adjustment of Agency Model collusion refund amounts


patgolfneb wrote:
Because even agency books sold at different prices at different times. Simplifying the calculations removes one of the grounds for delay. 

 

While that might be true, I don't see how it is germane.

 

I was impacted by Agency Model precisly in relation to the price I paid at the time I paid.  Not by the price it might have sold for as some other time.  

 

The calculations are really pretty simple when you have the book-seller's database of sales sitting in front of you.  They run the numbers, calculate the charge, send a bill to the publisher and post the funds to your account or send you a check when the publisher pays.

 

Distinguished Bibliophile
keriflur
Posts: 6,552
Registered: ‎01-05-2010
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Re: Adjustment of Agency Model collusion refund amounts

IMO it's very easy to simplify the calculation - determine a percentage of sale price to be refunded, take a customer's entire purchase history for the date range, eliminate all non-agency books, and give them back the percentage determined.

 

I know that they're trying to do the bestseller calculation because those were the books that were most impacted - those are the books that Amazon cut to 9.99 even if that meant a loss.  But that means determining, not just by book but by date of purchase, if the book was a bestseller at the time of purchase for a given customer.  It's substantially more complicated than a standard rate.  They might as well go all the way, and compare purchase price, and then give them the difference btw purchase price and 9.99 on all bestsellers.  It wouldn't be much harder.  Gathering the bestseller data is the hard part.  Once that's done, the rest is easy peasy.

 

If they were using a standard rate, each retailer could dump their customer data into a spreadsheet or a database and have all their refund numbers in less than a day.  (I do this kind of thing for a living, only with aircraft data.)

Doug_Pardee
Posts: 5,516
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Registered: ‎03-09-2010
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Re: Adjustment of Agency Model collusion refund amounts

[ Edited ]

keriflur wrote:

 

I know that they're trying to do the bestseller calculation because those were the books that were most impacted - those are the books that Amazon cut to 9.99 even if that meant a loss.  But that means determining, not just by book but by date of purchase, if the book was a bestseller at the time of purchase for a given customer.

For the purpose of the refunds, a book is considered to be a bestseller if it was on any of the New York Times bestseller lists for fiction, non-fiction, or advice (basically any of their lists except children's, graphic novels, and manga) at any time during the period April 1, 2010 through May 21, 2012. It's not related to whether it was on a bestseller list at the time of the sale.

 

There is a single list of bestseller titles that will be used for all of the refunds; any title on that list gets the $1.32 refund. Any agency title (from the 5 defendants) that isn't on that list gets the $0.30 refund.

 

It's a very simplified process with a minimum of load on the booksellers, who weren't defendants and are participating voluntarily (note that the smaller booksellers aren't participating). Kobo probably has a special problem in that it is responsible for refunding e-books bought from Borders, and it might not have any details on the sale. Fortunately, Borders only sold e-books during the above period (it went live in July 2010), so there's no need for Kobo to determine the sale date to decide if a Borders-sold title is eligible.

 

Note that the revision made to the refund schedule was to remove the need to determine if a sale had been made within the first year after a title had been released (for non-bestsellers). This suggests that date-of-sale is not universally available.

 

Distinguished Bibliophile
keriflur
Posts: 6,552
Registered: ‎01-05-2010
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Re: Adjustment of Agency Model collusion refund amounts

They are SERIOUSLY not counting the children's lists?!?!?  NYT classifies YA as childrens.  That's only the fastest growing section of the market (well, it's actually the ONLY growing section of the market), and a rather high percentage of YA is sold in ebook format.

Inspired Bibliophile
deesy58
Posts: 2,486
Registered: ‎01-22-2012
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Re: Adjustment of Agency Model collusion refund amounts

My son-in-law received this e-mail:

 

 

From: "State Attorneys General E-book Settlement" <Administrator@vertismail.com>

Date: October 14, 2012 5:04:21 AM PDT

To: (deleted)

Subject: E-book Readers - Attorney General Settlement

Reply-To: do_not_reply@vertismail.com

Benefits from an Attorney General E-books Settlement Fund

 

Para una notificación en Español, llamar o visitar nuestro website.

 

Settlement ID Number: AP04427514

 

Records indicate that you are eligible for a payment from Settlements reached by the State Attorneys General with electronic book publishers Hachette, HarperCollins, and Simon & Schuster. The Settlements resolve an antitrust lawsuit about the price of electronic books. Apple Inc. (“Apple”) has not been sued in this case. It is assisting in providing this notice as a service to its customers.

 

What the Settlements Provide

The Settlements create a $69 million fund for payments to consumers who purchased qualifying electronic books from April 1, 2010 through May 21, 2012. If the Court approves the Settlements, eligible consumers like you will receive credits to your iTunes account. The credit can be used on any purchases of electronic books. The amount of your payment has been determined based on the qualifying electronic book purchases identified by Apple in your iTunes account.

 

How to Receive your Benefit

Because you are pre-qualified, you do not need to do anything at this time to receive your credit. If the Court approves the Settlements, you will receive another email letting you know how to activate your credit. Once you activate the credit, it will be applied to your account by Apple. (If you bought electronic books from more than one retailer, you may receive notices with different instructions about whether you will receive a credit or need to file a Claim Form for that retailer. You will have a separate claim for each retailer and you should follow the specific instructions from each one.)

You also have the option to receive a check instead of your credit. You can request a check by calling 1-866-621-4153, or going to the Settlement website listed below, and clicking on the Check Request Option link. Be sure to reference the Settlement ID number found at the top of this email. The Settlement website is: www.EBookAGSettlements.com

 

Your Other Rights

You can choose to exclude yourself from the Settlements and keep your right to sue on your own. If you exclude yourself, you can't receive any benefits from the Settlements. If you don't exclude yourself, you can submit objections about the Settlements.

Your written Exclusion Form or objections must be postmarked by December 12, 2012. Please visit the Settlement website for detailed information on how to submit a valid Exclusion Form or objection.

A separate lawsuit against two other publishers and Apple continues and is set for a trial in 2013. Apple denies the allegations in that lawsuit. Your rights in the separate suit are not affected by any action you take in regards to these Settlements.

 

The Court will hold a hearing on February 8, 2013 at 10 a.m. to consider whether to approve the Settlements. You or your own lawyer may ask to appear and speak at the hearing.

 

For more detailed information: Call 1-866-621-4153 or Visit www.EBookAGSettlements.com

Distinguished Correspondent
EllenKeiff
Posts: 129
Registered: ‎06-05-2011
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Re: Adjustment of Agency Model collusion refund amounts

I got an email from Google (LOL for the one book I bought).  So now I am waiting for my BN email - I have over 500 bn books......

 

 

flyingtoastr
Posts: 3,011
Topics: 55
Kudos: 2,923
Registered: ‎11-11-2009
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Re: Adjustment of Agency Model collusion refund amounts

BN should be sending people the same basic letter soon™.

Bibliophile
bklvr896
Posts: 4,802
Registered: ‎12-31-2009
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Re: Adjustment of Agency Model collusion refund amounts


flyingtoastr wrote:

BN should be sending people the same basic letter soon™.


if you read the article posted on another thread, if you bought books from Sony or Google, you have to fill out a claim form.  Others you don't.  The deadline for filing te claim is Dec 12, so Sony and Google neededl. to those emails out right away.  Since there's no claim form for BN, you may not hear from them until they tell you how to get your check or credit.

 

oh, and if you live in Minnesota, I guess your out of luck, apparently the Minnesota AG didn't participate.

Bibliophile
bklvr896
Posts: 4,802
Registered: ‎12-31-2009
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Re: Adjustment of Agency Model collusion refund amounts


EllenKeiff wrote:

I got an email from Google (LOL for the one book I bought).  So now I am waiting for my BN email - I have over 500 bn books......

 

 


It's only for books published by Hachette, Harpercollins and MacMiilan.  Most of the authors I read are not published by these three.