The petition from SPAN, the Small Publishers Association of North America, is now up:

http://www.spannet.org/amazonantitrust-signers.htm

Thanks to everyone for their support!

Publisher’s Weekly released a story today summarizing the arguments between Amazon and BookLocker, based on the court filings:

Amazon, Booklocker Trade Motions in POD Antitrust Case

As expected, Amazon filed a motion to dismiss our lawsuit last month. BookLocker today filed its response.

1. BookLocker’s original complaint is HERE.

2. Amazon’s motion is HERE.

3. BookLocker’s response is HERE.

We’d love to hear your COMMENTS! Please post them RIGHT HERE.

The wheels of justice tend to turn very slowly. We’ll keep you updated as the case progresses.

To: jeff - at - amazon.com

Subject:     Amazon.com’s recent mistake
Date:     Tue, 15 Jul 2008 20:48:02 -0500
From:     Kevin Murphy

Dear Mr. Bezos;

I must tell you, first, that I have been an Amazon.com account holder for years, and have been delighted with the services that I have used during that time.

I don’t think that it comes as any surprise to you when customers/members tell you that the Amazon.com concept and execution of that concept were brilliant.

It saddens me, therefore, to learn of the colossal stupidity–or is it simply insatiable greed–that has led Amazon.com to enter into an incredibly exploitative relationship with Print-on-Demand authors ( class action antitrust lawsuit, BookLocker.com, Inc. vs. Amazon.com, Inc .).

As one who served as an organizational consultant for decades, I am amazed to see that arrogance can generate such amazing stupidity.   I have seen other organizations, similarly deluded into thinking that they were immortal and impregnable, disappear in the backwash of inept decision making, deafness to feedback, and self-absorbed arrogance.  The names Motorola, Zenith, and Osborne Computers readily leap to mind.

I realize that you simply may not care, but that seems hard to believe, given the great idea you have offered to the on-line purchaser.   But something bad is happening at Amazon, and it is going places that you will not like in the long run.   Fulfilling one’s obligation to stockholders to “maximize profits” does not justify killing the organization via the shortsighted pursuit of exciting quarterly reports

As a POD author, myself–one of those fortunate/judicious enough to have chosen Booklocker.com as my publisher from the beginning–I can assure you that there is no way I will shift affiliation.  I would rather terminate my book than that–although I will, in fact simply shift to straight e-publishing, if necessary.

In the meantime, until this issue is resolved intelligently–by which I mean that Amazon ceases its rapacious pursuit of profits to the disservice of authors, I have already ceased purchasing anything from Amazon.com (check my account activity since this fiasco began) and, further, I have instructed all my family and friends who have been inclined to send us Amazon-purchased gifts in the past, to find other sources–and I have told them why.

While the cessation of our business will not, in itself, stagger the Amazon.com juggernaut, the cumulative effect of my decision, its effect on all those whom I contact, and those whom they contact, etc., repeated by all the authors now being adversely affected by Amazon’s poor decision-making, can bring it down.

That would not please me when there are more intelligent options available.

Please, restore Amazon.com to its original, truly “user-friendly” state.

Thank you.

Sincerely,

Kevin Murphy

Angela Hoy was interviewed by Tom Nixon at SmallPress Blog regarding the Amazon/BookSurge lawsuit. You can read the interview HERE.

Amazon Throws its Weight Around, Book Publishers Push Back - Association rallies independent publishers to support lawsuit against business giant *

Colorado Springs, CO, July 7, 2008 - The Small Publishers Association of North America (SPAN), a national trade association dedicated to advancing the interests of independent publishers, launched a campaign to generate support for the antitrust lawsuit - Booklocker.com, Inc. vs. Amazon.com, Inc.

The SPAN board recently voted to publicly support the lawsuit.

Read more, including how you can help small publishers and SPAN, RIGHT HERE.

Thank you, SPAN!!!

The article, Amazon Deals Have Short Shelf Life by Doug Tsuruoka, appears in Investor’s Business Daily.

It looks like another publisher is being punished Amazon.

Customers attempting to order some books published by Avotaynu Books are left in limbo by Amazon (their orders are on hold for eternity?) and then, when they inquire about their order, receive an automated replay that contains false information?

Click HERE for the article at Avotaynu Books.

According to the New York Times, Amazon “has adopted the literary equivalent of a nuclear option for rebellious publishers” and another Bangor, Maine resident, Stephen King, is affected.

The New York Times article is HERE.

Just a quick update about the status of the lawsuit.  Amazon has retained Gibson, Dunn & Crutcher, LLP as their law firm.  Under the current scheduling order entered by the court, Amazon will be filing a motion to dismiss the case by June 30th. A motion to dismiss is basically Amazon’s legal argument as to why, even assuming the facts alleged in our complaint are true, those allegations do not constitute a violation of antitrust laws.  BookLocker will then have until July 31st to respond with an opposition brief. In the BookLocker opposition, we will detail all the reasons why we believe Amazon’s argument is wrong. Finally, Amazon will have the opportunity to file a reply brief on August 21st, after which the judge will make a determination as to whose argument is correct as a legal matter, and thus if the case can proceed.

keep looking »