Kindle Bloggers Become Amazon’s Bitches

Posted by in Amazon, Blogging, Kindle

This blog will not be distributed through Kindle. I cannot possibly give away so many of my rights for a mere 30% of the cut. To put this into perspective, even the Scribd General Terms of Use limits what you give up to “solely in order to publish and promote such User Content in connection with services offered or to be offered by Scribd.”

Not so with Amazon. Here’s the relevant section of the Digital Publication Distribution Agreement:

7. Rights Granted. You grant to us, throughout the term of this Agreement, a nonexclusive, irrevocable, worldwide right and license to distribute Publications as described in this Agreement, such right to include, without limitation, the right to: (a) reproduce and store Publications on one or more computer facilities, and reformat, convert and encode Publications; (b) display, market, transmit, distribute, and otherwise digitally make available all or any portion of Publications through Amazon Properties (as defined below), for customers and prospective customers to download, access, copy and paste, print, annotate and/or view, including on any Portable Device (as defined below); (c) permit customers to “store” Publications that they have purchased from us on Amazon’s servers (“Virtual Storage”) and to re-download such Publications from Virtual Storage from time to time; (d) display and distribute (i) your trademarks and logos in the form you provide them to us, including within Publications (with such modifications as are necessary to optimize their viewing on Portable Devices), and (ii) other limited portions of Publications, in each case on and through any Amazon Properties and solely for the purposes of marketing, soliciting and selling Publications; (e) use, reproduce, adapt, modify, and create derivative works of any metadata that you submit to us for the purpose of improving categorization, recommendations, personalization features and other features of any Amazon Properties; and (f) transmit, reproduce and otherwise use (or cause the reformatting, transmission, reproduction, and/or other use of) Publications as mere technological incidents to and for the limited purpose of technically enabling the foregoing (e.g., caching to enable display). In addition, you agree that Amazon may permit its affiliates and independent contractors, and its affiliates’ independent contractors, to exercise the rights that you grant to us in this Agreement. “Amazon Properties” means the website with the primary home page identified by the URL http://www.amazon.com/, together with any successor or replacement thereto (the “Amazon Site”), any software application that is capable of supporting the electronic purchase, display and/or management of digital text, graphics, audio, video and/or other content, and any other web site or any web page widget or other web page real estate or online point of presence, on any platform, that is owned by us or operated under license by us (such as http://www.target.com/ ), branded or co-branded Amazon or with any brand we license for use, own or control, and any web site or online point of presence through which any Amazon sites or products available for sale thereon are syndicated, offered, merchandised, advertised or described. “Portable Device” means any device that is capable of supporting the electronic purchase, display and/or management of digital text, graphics, audio, video and/or other content via wireless telecommunications service, Wi-Fi, USB, or otherwise.

Not only do you give Amazon “a nonexclusive, irrevocable, worldwide right and license to distribute” your blogging, but you also give this up to affiliates and independent contractors. So let’s say a major publisher decides to “independently contract” with Amazon. And they see a blog that they like. Well, guess what? They can take your content, publish it as a book, and collect the revenue without paying you a dime. Because Section 4 (“Royalties”) specifies that the blogger only gets paid for “Subscription and Single Issue sales revenues,” meaning any of the 30% revenue that you’re going to get with the Kindle. And I particularly love how Section 5 gives the blogger a mere six months to file a legal claim, which is “limited to a determination of the amount of monies” and not operational practices. You know, trivial concerns such as Amazon distributing your content to affiliates and independent contractors without the blogger’s consent.

I am extremely saddened to see so many of my fellow bloggers betray their interests. They have happily become corporate slaves, granting “a nonexclusive, irrevocable, worldwide right and license” to their thoughtful essays and carefully written posts.

I sincerely hope that any authors (and the agents who represent them) who appear on blogs distributed through Kindle are fully aware of what they are giving up here. The rights for any writing you publish on a blog go to Amazon. That goes for guest blog posts, excerpts of chapters*, interview excerpts, you name it. Thanks to Section 7 of Kindle’s Digital Publication Distribution Agreement, you effectively become Amazon’s bitch.

Well, I’m sorry. But I can’t do that for the authors who have been kind enough to take the time out of their schedules to express their thoughts and feelings in both text and radio form on these pages. In addition to the reasons eloquently provided by Kat Meyer and Megan Sullivan
I cannot in good conscience sell us out.

All this could have been prevented had the bloggers who signed up for this taken the time to read and study Amazon’s draconian language. Presumably, they thought Amazon would play nice.

But if you think that Amazon is benevolent, consider my investigations from November 2007, which demonstrated that Amazon was placing blogs onto its Kindle Store without obtaining permission. Consider also Techcrunch’s recent investigation, in which Amazon can steal any blog without the blogger’s consent. Yet many people continue to place their faith in Amazon. Even after Amazon’s poor response in last month’s Amazonfail scandal.

* — There’s some additional discussion about this aspect of the DPDA in the comments that you will probably want to check out.

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