In a letter on their site, Author Guild has this to say about the Macmillan vs. Amazon dust up:

The Right Battle at the Right Time

February 2, 2010. Macmillan's current fight with Amazon over e-book business models is a necessary one for the industry. The stakes are high, particularly for Macmillan authors. In a squabble over e-books, Amazon quickly and pre-emptively escalated matters by removing the buy buttons from all Macmillan titles (with some exceptions for scholarly and educational books), in all editions, including all physical book editions. Thousands of authors and titles are affected; hardest and most unfairly hit are authors with new books published by Macmillan that are in their prime sales period.

Yet if Macmillan prevails, the eventual payoff for its authors (and all authors, if a successful result ripples through the industry) is likely to be significant and lasting.

For those of you who may have missed it, here's the story so far:

Last Thursday, Macmillan CEO John Sargent informed Amazon that beginning in March, it would offer Amazon access to a full range of e-book titles only if Amazon were willing to sell books on an "agency" model that would pay Amazon 30% of e-book proceeds and allow Macmillan to set its own retail price for e-books. (Currently, Amazon buys e-books as a reseller at a discount of 50% off the retail list price and sells at the price it chooses.)

Macmillan's price under its agency model, in many cases, would be higher than the $9.99 ceiling that Amazon has been seeking to impose on the industry.

If Amazon didn't find the agency model acceptable, Sargent said Macmillan would expand its "windowing" of e-book editions. "Windowing" is the practice of waiting until a particular edition of a new book has been on the market for a while before making cheaper editions available. Publishers have for decades waited until the hardcover sales window has closed before opening the sales window on paperback editions, for example. This helps protect the sales channels for hardcover books. Windowing e-books is similarly believed to help protect a publisher's sales channels for physical books. The risk with windowing is that some owners of e-book devices are angered that low-priced e-book editions aren't available as soon as books are released in hardcover form.

This was a bold move by Macmillan. Amazon has a well-deserved reputation for playing hardball. When it doesn't get its way with publishers, Amazon tends to start removing "buy buttons" from the publisher's titles. It's a harsh tactic, by which Amazon uses its dominance of online bookselling to punish publishers who fail to fall in line with Amazon's business plans.

Collateral damage in these scuffles, of course, are authors and readers. Authors lose their access to millions of readers who shop at Amazon; readers find some of their favorite authors' works unavailable. Generally, the ending is not a good one for the publisher or its authors -- Amazon's hold on the industry, controlling an estimated 75% of online trade book print sales in the U.S., is too strong for a publisher to withstand. The publisher caves, and yet more industry revenues are diverted to Amazon. This isn't good for those who care about books. Without a healthy ecosystem in publishing, one in which authors and publishers are fairly compensated for their work, the quality and variety of books available to readers will inevitably suffer.

Macmillan's move is timely because, at the moment, the e-book market is still far smaller than the physical book market, but the e-book market is growing quickly. The longer Macmillan waited, the more difficult the transition.

Amazon didn't wait for March, when Macmillan's new policy is slated to go into effect; it decided to hit Macmillan immediately and comprehensively, removing the buy buttons for nearly all Macmillan titles, in all editions. This is a direct attempt to use its clout in the physical book industry to enforce its business model in the e-book industry. In some ways, it was an unusual exercise of power for Amazon. The company has used the tactic of turning off buy buttons on several occasions before, but, with major publishers it's usually selective, and doesn't turn out the lights on nearly all titles. That treatment is reserved for smaller publishers. (Authors receive no advance warning of Amazon's treatment of their titles, nor can they do anything about it.)

Amazon, it appears, overreached. Macmillan was a bit too big a foe, and Amazon's bullying tactics were a bit too blatant. Sunday evening, Amazon announced that it would have to "capitulate" to Macmillan, "because Macmillan has a monopoly over its own titles." (By this definition, nearly every company exercises a monopoly over its products.)

We're all still waiting for that capitulation: Macmillan's books still weren't available on Amazon on Monday evening. If Macmillan does indeed prevail, the economics of authorship in the digital age are likely to improve considerably. We may go through some rough stretches to get there, however.

You'll be hearing more from us on this matter soon.

FROM AMAZON.COM'S WEBSITE ON SUNDAY:

Dear Customers:

Macmillan, one of the "big six" publishers, has clearly communicated to us that, regardless of our viewpoint, they are committed to switching to an agency model and charging $12.99 to $14.99 for e-book versions of bestsellers and most hardcover releases.

We have expressed our strong disagreement and the seriousness of our disagreement by temporarily ceasing the sale of all Macmillan titles. We want you to know that ultimately, however, we will have to capitulate and accept Macmillan's terms because Macmillan has a monopoly over their own titles, and we will want to offer them to you even at prices we believe are needlessly high for e-books. Amazon customers will at that point decide for themselves whether they believe it's reasonable to pay $14.99 for a bestselling e-book. We don't believe that all of the major publishers will take the same route as Macmillan. And we know for sure that many independent presses and self-published authors will see this as an opportunity to provide attractively priced e-books as an alternative.

Kindle is a business for Amazon, and it is also a mission. We never expected it to be easy!

Thank you for being a customer.

-------------------------------

What a lot of readers don't understand is that best-sellers fund all the rest of the books that don't pay for themselves--which is most of the books released by major publishers each year. So by dropping the price of a newly released hardcover and eBook to $9.99, Amazon/Target/Walmart are actually tightening the noose around the publishers' necks in regards to all their debut and midlist authors who have yet to earn out their advance or bring enough money in for their publisher to compensate them for the editors' salary, distribution costs, marketing costs, the cost of returns, etc. Sure, the publishers need to find a way to minimize the cost of books and eBooks moving forward. But they don't need downward pressure from their distribution channel who doesn't pay the publishers a dime for any book that doesn't sell. They just send it back--with that shipping charge also paid for by the publisher. Talk about the ultimate consignment model!

This is a long post reprinted from Publisher's Lunch, but I believe it is the first of many publisher/big retailer skirmishes that is going to take place this year until the price of eBooks is stabilized (and not at $9.99 for debut hardcover equivalents). -----

Sometime during the evening of 1/29/10 the buy buttons for apparently all of Macmillan's books--including bestsellers and top releases, and Kindle editions--were removed from Amazon's site. Macmillan books remain listed but can be bought only through third-party Marketplace sellers, while Macmillan Kindle titles all lead to pages that read, "We're sorry. The Web address you entered is not a functioning page on our site." It is the first shot across the purchasing bow in big publishers' efforts to reset ebook pricing above the loss-leader $9.99 price point and retake control over that pricing by moving from the wholesale selling model to an agency selling model (first reported exclusively in Lunch Deluxe on January 19), at least for ebooks published simultaneously with new hardcover releases. Kindle customers further reported on Amazon forums that any Macmillan books that were on their "wish lists" disappeared from those lists with no explanation, as apparently did Macmillan sample chapters that had been downloaded previously.

Macmillan has commented by way of a paid message to authors, illustrators and agents, reproduced below this story. Amazon has declined to comment thus far, either to the media or directly to their customers.

Among the books subject to the greatest potential short-term effect of Amazon's buy-button removal is Andrew Young's just-released THE POLITICIAN, which curiously still ranks at No. 9 on Amazon's bestseller list (and has been between No. 4 and No. 6 today at Barnes and Noble.com). Hilary Mantel's WOLF HALL was at 69 on Amazon last night, falling steadily today and now at No. 128. Atul Gawande's THE CHECKLIST MANIFESTO: How to Get Things Right was at 34 last night on Amazon, now at No. 66,--and has risen from 112 up to 86 at BN.com in the same time period. (These numbers change slightly every hour we've been checking them.)

We were able to reach a couple of agents for some of Macmillan's current bestselling authors. Co-head of the William Morris Endeavor books department Eric Simonoff, whose clients include Douglas Preston (author of the January Tor release Impact), told us: "The current model of Amazon selling Kindle editions as a loss-leader is fair for publishers and authors in the short-term but as we have told Amazon we don't believe it is sustainable in the long term. Something had to give to prevent the ongoing devaluation of e-books. Macmillan is the first to draw a line in the sand but we expect not the last."

Tina Bennett at Janklow & Nesbit, agent for Atul Gawande's new bestseller, comments: "This development is very unfortunate for my author, but it's also troubling for public health. The checklist approach that Gawande describes in his book is a major life-saving advance. It has been demonstrated to reduce harm to surgical patients by more than a third, but has yet to be widely adopted in US hospitals. To make THE CHECKLIST MANIFESTO unavailable for sale is the equivalent of blocking the distribution of a book announcing the discovery of penicillin."

Agent Robert Gottlieb at Trident Media Group offered this view: "The agents I know feel the $9.99 price for new releases is not good for the business. They want the publishers to work with all the retailers in a peaceful manner. I don't think it is in any book retailer's interest both short and long term not to do business with companies like Macmillan and at the same time Macmillan needs Amazon. What will Amazon do if S&S moves in this direction or Hachette? If consumers can't get the books they want from Amazon they will move to other retail sites for what they want."

One senior publishing executive called the move by Amazon "fairly draconian" but added that their company had not received any threats of similar action from Amazon. As we've said before--though consumers have not yet gotten the message--the agency model that publishers are trying to implement with Apple and across their customer base actually lowers the publishers' proceeds from each ebook sale and gives more profit to sellers versus the current loss-leading model behind the $9.99 price point.

Another senior publishing executive said that "Amazon may 'spin' that the consumer is at the heart of the decision, but really their goal is a monopoly position in books. Publishers don't want a monopoly - they want consumers to have choice through a number of partners and channels. They want digital pricing which allows bricks and mortar retailers to survive and thrive alongside a growing digital market." That person added, "This reaction proves what Amazon's true motives are. It is a signal to any other publishers not to change the model and weaken Amazon's pathway to a monopoly. I hope authors, agents and publishers see what these motives are and stand by Macmillan."

Among remarks from Macmillan authors posting online, perhaps one of the most curious came from Sherrilyn Kenyon, who posted to Facebook and then later in the day removed her entry, which read in part: "All of you asking why you can't find my books on Amazon Kindle? It seems that Amazon is the one to blame. They are in a disagreement with my publisher and to prove a point, they have removed Macmillan books from their Kindles.

"You know, as a Kindle owner, I have problems with this. They're not cheap and I bought it so that I could download the books I wanted to read. I don't like a store taking something from me like this without warning. It's just like when Amazon removed books from my Kindle that I'd paid for because they didn't have permission to sell them."

In comments over at John Scalzi's blog, bestselling Simon & Schuster author Scott Westerfeld writes, "The real power we authors have is removing links to Amazon from our websites and such.... Random blackouts do not make customers happy."

Amazon's own forums have been quite busy with postings today, with customers expressing a wide range of everything from support to dismay with the etailer's move. The most damaging aspect of their action in the short-term may be the removal of Kindle "wish lists" and sample chapters. For some posters that action has echoes of the incident last summer when Amazon deleted copies of certain books from Kindle owner's libraries, in violation of the site's own terms of use. As one person writes, "we do feel vulnerable, even if Amazon is right to fight. Wishlists disappeared, with no backup of what the titles were. Sample books we chose to download lead to links that say Error. It reminds us that we do not have control over the situation, even if we backup, since what is offered today may not be available tomorrow." (Amazon apologized for that earlier incident, provided refunds to customers, and eventually settled a customer lawsuit.)

While many customers support Amazon's efforts to provide low prices, one "open letter" suggests that the company let customers decide for themselves what is the right price. "Here's a thought Jeff: You list them and I will decide if I want to buy them or not. How's that sound? I agree with you they should not cost more than $10, but I can enforce that with my pocketbook. I don't need you to make a big hairy freakin deal out of it on my behalf and I certainly don't need you to limit my choices based on this principle." -----

To: All Macmillan authors/illustrators and the literary agent community From: John Sargent

This past Thursday I met with Amazon in Seattle. I gave them our proposal for new terms of sale for e books under the agency model which will become effective in early March. In addition, I told them they could stay with their old terms of sale, but that this would involve extensive and deep windowing of titles. By the time I arrived back in New York late yesterday afternoon they informed me that they were taking all our books off the Kindle site, and off Amazon. The books will continue to be available on Amazon.com through third parties.

I regret that we have reached this impasse. Amazon has been a valuable customer for a long time, and it is my great hope that they will continue to be in the very near future. They have been a great innovator in our industry, and I suspect they will continue to be for decades to come.

It is those decades that concern me now, as I am sure they concern you. In the ink-on-paper world we sell books to retailers far and wide on a business model that provides a level playing field, and allows all retailers the possibility of selling books profitably. Looking to the future and to a growing digital business, we need to establish the same sort of business model, one that encourages new devices and new stores. One that encourages healthy competition. One that is stable and rational. It also needs to insure that intellectual property can be widely available digitally at a price that is both fair to the consumer and allows those who create it and publish it to be fairly compensated.

Under the agency model, we will sell the digital editions of our books to consumers through our retailers. Our retailers will act as our agents and will take a 30% commission (the standard split today for many digital media businesses). The price will be set for each book individually. Our plan is to price the digital edition of most adult trade books in a price range from $14.99 to $5.99. At first release, concurrent with a hardcover, most titles will be priced between $14.99 and $12.99. E books will almost always appear day on date with the physical edition. Pricing will be dynamic over time.

The agency model would allow Amazon to make more money selling our books, not less. We would make less money in our dealings with Amazon under the new model. Our disagreement is not about short-term profitability but rather about the long-term viability and stability of the digital book market.

Amazon and Macmillan both want a healthy and vibrant future for books. We clearly do not agree on how to get there. Meanwhile, the action they chose to take last night clearly defines the importance they attribute to their view. We hold our view equally strongly. I hope you agree with us.

You are a vast and wonderful crew. It is impossible to reach you all in the very limited timeframe we are working under, so I have sent this message in unorthodox form. I hope it reaches you all, and quickly. Monday morning I will fully brief all of our editors, and they will be able to answer your questions. I hope to speak to many of you over the coming days.

Thanks for all the support you have shown in the last few hours; it is much appreciated.

All best, John

I have to admit, people with big hearts are getting very creative with how they attract aid for Haiti. NK Jemisin has written a cool lesbian steampunk short story and if you like it, you can donate money to your favorite Haitian-relief charity on the author's behalf. I thought it was wonderful. What do you think?

http://nkjemisin.com/2010/01/a-story-for-haiti-the-effluent-engine/