Amazon / Booksurge File Motion To Dismiss, BookLocker Responds

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.

Example of types of letters Jeff Bezos is receiving from authors

To: jeff – at –

Subject:’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 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 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 to enter into an incredibly exploitative relationship with Print-on-Demand authors ( class action antitrust lawsuit,, Inc. vs., 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 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 (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 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 to its original, truly “user-friendly” state.

Thank you.


Kevin Murphy

Author: Degrees of Murder :

Something Bright and Alien :
Unfriendly Fire : based on the “1937 Memorial Day Massacre” at Republic Steel Company, Chicago-

SPAN Publicly Supports Booklocker and Other Publishers in Lawsuit Against Amazon

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 –, Inc. vs., 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!!!

Avotaynu Books another victim of Amazon

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.

Update On Status Of Amazon Antitrust Lawsuit

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.

The Long Riders Guild Press Seeks Government Protection From Amazon

UPDATE: June 17, 2008 – Kentucky Senator Mitch McConnell has responded to The Long Riders Guild Press regarding Amazon / BookSurge. Read his letter HERE.


The Long Riders Guild Press Seeks Government Protection From Amazon

Their page includes their story along with links to:

In Defense of Literary Liberty, an editorial published in the British publication, The Bookdealer.

The Blood of Books, an on-line editorial urging independent authors and publishers to resist Amazon’s efforts.

Letter to President George W. Bush, reminding him that it was President Teddy Roosevelt who, in order to curb abuses throughout industry, ordered the Anti Trust Act against the most powerful corporations in the country, even though he was a pro-business Republican.

Letter to First Lady Laura Bush, explaining that as a former librarian The Guild is requesting the First Lady to use the influence of her office to help the book writers, publishers and readers of this nation in their hour of need.

Letters to Presidential Candidates Senators Clinton, McCain and Obama, to ask for each of their views in regards to this extraordinary assault on the integrity of American literature.

Letter to Thomas O. Barnett, Assistant Attorney General for Antitrust, US Department of Justice, requesting that he use the authority of his office to help the book writers, publishers and readers of America ascertain if the nation’s monopoly laws have been violated by Amazon.

Letter to Kentucky Governor Steve Beshear, warning him that the equestrian heritage represented by the Kentucky-based Long Riders’ Guild is now threatened.

Letter to Kentucky Senator Mitch McConnell, advising him that in an ironic twist of fate the freedom of literary liberty represented by The Long Riders’ Guild Press is now endangered.

Letter to Kentucky Attorney General Jack Conway, urging him to order an immediate investigation into Amazon’s assault on America’s literary legacy and Kentucky’s equestrian literary heritage.



The Blood of Books: A Warning to Authors, Publishers and Readers