Spamazon – Spam comes to Amazon

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The Kindle bookshop is filling up with automatically generated spam, as Laura Miller writes in Spamazon on Salon, following up on a Reuters article about the same problem.

Spam on the KindleCobbling miscellaneous content together, Miller writes, “it’s possible to “publish” as many as 10 Kindle ebooks per day”.

British marketer Mike Essex… found… nearly 3,000 99-cent e-books “created” by one Manuel Ortiz Braschi. Braschi is purportedly the author of “Canvas Painting 101,” “40 Ways to Prevent or Get Rid of Stretch Marks,” and “Seven Days to Profitable Blogging”…

Spam hurts all self-publishers

This is bad news for self-publishers for a number of reasons

  • Some buyers are so pissed off they’ve said in reviews that they won’t buy an ebook again
  • Spam clogs the system, making it hard to find the real books
  • “Many self-publishers set their prices low to encourage ebook buyers to take a chance on their titles, and ebook spam could end up discrediting the entire field of 99-cent books
  • A proliferation of junk ebooks might contribute to a view that “all writing can be regarded a freely exploitable resource”, i.e. a view that it’s all right to steal writers’ work (ebook, blog content, etc.) and package it up to sell for 99 cents
Ernie Zelinski

Ernie Zelinski, whose copyright I've infringed by borrowing this picture but who, I hope, will forgive me :-)

Should authors be compensated by Amazon?

The article quotes Ernie Zelinski, who has commented before on this blog (hello, Ernie).

Ernie found some of his titles had been “published” on the Kindle by one Mingfeng Lai. He told Salon it took Amazon a fortnight to take the titles down.

The delay is one thing but, as Ernie argued to Miller:

  • Amazon has still made a 65% commission of on the sales of the copyright-infringing books
  • The illegitimate copies of his book are still on people’s Kindles, although Amazon has the capability to remove them

“Amazon has earned money from my copyrighted material that shouldn’t have been on their system,” Ernie says in Salon. “To me, this is totally wrong and definitely not a sign of a company that operates with integrity and decency.”

(Mingfeng Lai, incidentally, also wrote The Great Gatsby, according to Amazon.)

I agree that Amazon should be doing more to put this right.

By removing the offending titles, Amazon has indicated it’s satisfied they did infringe Ernie’s copyright so it knows it’s profited from a copyright infringement.

At the very least they should be taking the royalties they’ve credited to Mingfeng Lai and crediting them to Ernie. And, if they can’t take Mingfeng Lai’s share (or that of any other infringer) because the usurper taken the money and run, Amazon should be paying Ernie and any other victim from the 65% Amazon collected for itself from the transactions.

Neither the infringing publisher nor the bookseller should be profiting from this at the author’s expense.

What do you think?

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Spamazon - Spam comes to Amazon, 4.0 out of 5 based on 1 rating

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About Steven Lewis

Steven Lewis is a writer, ghostwriter, journalist and publisher. He also gives training in online marketing and social media.
  • Ted Skewes

    This hurts everyone except the crooks. Amazon and all other ebook sellers should act immediately and legit authors should be compensated. I know these are obvious statements but it’s all I can do and all authors should speak up. At the very least we should be getting a definitive statement from Amazon. Our brave new world is being corrupted and our dreams destroyed.

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  • http://www.booksarecool.com Stephanie

    I blogged about this sort of thing the other day. Some people will abuse anything. It’s going to make life tougher for genuine ebook authors, that’s for sure.

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  • Tony Eldridge

    Great post, Steven. Copyright infringement is a serious thing. In a perfect world, Amazon would take back the fees it payed too the crook. If that’s impossible, then they should give 100% of their share to the legitimacy author since all proceeds were acquired illegitimately. If Amazon did not profit at all by publishing pirated material, they’d be a little more motivated to stem piracy on their site.

    Of course, an unintended consequence of that may be that Amazon puts in such stringent rules that legitimate authors have to give up some of the ease of publishing and royalty amounts they have now. 

    It’s just a shame that this is an issue, but it is. That’s life. It’s been an issue before Amazon and e-books and it will be an issue when the new reading technology is discovered. Crooks will always be crooks. 

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  • Tony Eldridge

    Great post, Steven. Copyright infringement is a serious thing. In a perfect world, Amazon would take back the fees it payed too the crook. If that’s impossible, then they should give 100% of their share to the legitimacy author since all proceeds were acquired illegitimately. If Amazon did not profit at all by publishing pirated material, they’d be a little more motivated to stem piracy on their site.

    Of course, an unintended consequence of that may be that Amazon puts in such stringent rules that legitimate authors have to give up some of the ease of publishing and royalty amounts they have now. 

    It’s just a shame that this is an issue, but it is. That’s life. It’s been an issue before Amazon and e-books and it will be an issue when the new reading technology is discovered. Crooks will always be crooks. 

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  • http://twitter.com/stevelean SteveLean

    Amazon really need to get their act together on this. They can’t just stick their head in the sand and do nothing. Infringement of copyright is an offence.

    If I publish someone else’s copyrighted material on my blog they would sue the heck out of me, and as the publisher I would be liable.

    Amazon can’t be allowed to sit back and say “It wasn’t us, it’s self-published” sort it out with the “publisher”. It’s their site and they should be controlling it better.

    At the very least, any proven infringements should be taken down immediately and any monies retained. At best they should give all the monies, including their share to the rightful author.

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  • http://www.erniezelinski.com/Bio-and-Contact.html Ernie Zelinski

    Hey Steven:

    First, I have to chuckle about the photo that you have used of me.

    It was actually taken by my friend Greg Gazin, who likes to have credit for it. And I have just given him credit for it.

    Second, thanks for the great post about this problem with Kindle e-books.

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  • Anonymous

    Hi Steven, 

    You say: “The illegitimate copies of his book are still on people’s Kindles, although Amazon has the capability to remove them.”  If you mean from people’s Kindles, then they as part of a legally binding settlement agreed not to do so unless so ordered by a court.  It seems they did exactly that with illegal copies of  George Orwell’s Nineteen Eighty-Four, they were sued and eventually settled.  

    It’s been written up in the papers.  Do a web search if you’re interested.  

    The remote deletions of the Orwell books happened in July 2009, almost two years ago and the settlement was reached a few months later.  Previously they had remotely deleted other books once they found out they shouldn’t have been there.  But they didn’t get all the bad publicity as with the Big Brother headlines, so they did nothing.  

    As I test, I purchased a book in the Kindle store that I was certain was a bootleg.  It was a collection of stories by Flannery O’Connor.  I knew she was still in copyright, and I saw a few other suspicious things.  It was called “Flannery O’Connor:  The Complete Stories,” although it was far from complete.  The book was poorly formatted, and there was no table of contents to get you to the start of each story.  Sure enough, a little later that book vanished from the store.  

    (In case you’re wondering about my ethics, I did not read the illegal book, and when a lawful edition containing O’Connor’s stories was made available I happily snatched it up.)  

    However, the bootleg did not vanish from my Kindle and it did not vanish from my archive. When I downloaded it I got it on my old K2.  Now, if I desire, I can download it to my K3.  I just checked, and it’s still there.  

    This stuff has been going since the early days of the Kindle, and I think Amazon is doing a little more due diligence to see that obvious bootlegs of copyrighted works are not uploaded.  But they still let stuff get through such as you have described.  Taking two weeks to remove improper items from the store is unconscionable.  You might remember a dustup with Macmillan where they removed all books from that publisher — electronic and paper — from their store overnight.  So clearly they have the capability.   

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    • http://www.taleist.com Steven Lewis

      Thanks for a great comment, @rachelrachel:disqus . 

      I’m not a lawyer and my law degree is nearly 20 years old and was for English and Welsh law only. Back then and in those places it was certainly not possible to create a legally-binding agreement to break the law. I’d be surprised if that’s changed and isn’t universal. Amazon’s terms of service agreement with its customers can’t trump copyright law.

      In my opinion, Amazon should include in its terms of service a clause that it will remove books that are found to be illegitimate copies and compensate the buyers.

      If I buy a dodgy DVD from a market stall, I can’t argue that it’s mine to keep; and I think the same should extend to Amazon’s customers. That you didn’t know something was fake isn’t a defence legally, just like unknowingly buying a stolen car.

      Amazon customers are fortunate that they could be compensated by the company (in @vipbooks:disqus ’s case with a legitimate copy), so they’re better off than the guy who, perhaps unwittingly buys a fake Rolex, only to see it run over with a steam roller!

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