More Bloggers Weigh In On Kindle

[For more on these Kindle investigations, see ten arguments against the Kindle, the initial query concerning blog content being redistributed without permission or compensation, the first wave of Kindle blogger responses, and the the second wave of Kindle blogger responses.]

New emails have arrived and this post serves as an addendum to the previous report. First off, I should note Kassia Kroszer’s quibbles, which led to this report from Joseph Weisenthal, who pointed out that the only way one can access blogs through Kindle is through the page-flipping option. There isn’t the ability to scroll. (There is, however, a built-in browser — something that Weisenthal describes as “fairly clunky and prone to error messages.”) Then there’s Levi Asher’s thoughts: “They have got to be insane.” Levi insists that nobody will buy the Kindle at the $400 price. And I suppose we’ll have to wait a month or so to see if the momentum breaks down faster than the Segway.

kindle2.jpgHoward Rheingold, the man behind Smart Mobs, was likewise a Federated Media participant, and insists that Amazon won’t be preventing anyone from getting the feed for free. He views this as “an interesting experiment.” John Jantsch of Duct Tape Marketing negotiated a private agreement with Amazon, but sees this as “integrating and creating without judgment. The market does a pretty good job of that.”

Kevin Aylward, the publisher of Wizbang, sees the licensing deal as “no different than the type that Yahoo has done for other blogs’ content. It’s specific to the Kindle device. As far as I know there is no other way to access our RSS feed from that device.”

Nevertheless, two additional bloggers have witnessed their content redistributed and sold with neither permission nor remuneration. Mr. Faded Glory, the proprietor of High and Tight, tells me that, “I have never been informed of what the Kindle system is.” Glory does not profit off of his work and he doesn’t “want others to do so at my expense.”

Then there’s Jason Avant of Dadcentric, who faced a different scenario. Avant had been with Federated Media, who, as we have established, had been approached by Amazon for the Kindle experiment. Avant signed off back in April, “then promptly forgot all about it, and thus was surprised to see DadCentric listed among Kindle’s syndicated blogs.” But Amazon did have his permission, albeit in backdated form.

I still was a bit miffed, as I had ended my agreement with FM about two months ago. I did contact FM about that, and they have informed Amazon that I’m no longer with FM, but am entitled to any revenues that are generated via DadCentric. I’m in the process of determining what that means, and frankly I haven’t decided whether or not I’m going to continue with the whole Kindle deal.

Avant has no plans to endorse Kindle on his site, but he does “wholeheartedly agree that Amazon should be sanctioned if they have used people’s blogs without express authorization. There does seem to be a bit of that going on, and that is certainly going to determine whether or not I continue to do business with them.” Avant has requested Amazon to pull Dadcentric from their list of Kindle feeds. We will have to wait to see if his request will be honored.

So beyond Amazon angering bloggers by appropriating their content, consider how poorly such a tactic reflects upon them as a business. Consider how this great opportunity to present an alternative revenue stream is overturned by an inability on Amazon’s part to cross their Ts. When taken with the failure of Amazon to inform major rollers like Glenn Reynolds of the new developments, it seems that Amazon may very well care more about Amazon.

I have a few emails into Amazon to get their thoughts about all this, but, since it’s Turkey Day Week, I suspect I won’t be hearing back until next week. Nevertheless, I will determine who the primary contacts are, so that the four bloggers (and anybody else Amazon attempts to shanghai) who saw their content used without their permission can have some means of restitution.

[UPDATE: Jason Avant informs me that Amazon has removed Dadcentric from the Kindle directory.]

Roundup

Brian Farnham, The Biggest Deadbeat Editor in New York

brianfarnham.jpgAs Choire Sicha reported back in September, Brian Farnham, the editor of Time Out New York is not a big fan of paying his freelancers. And that includes me. I wrote a profile piece for them in July, but didn’t get payment for it until four months later. And the only reason I was able to effect payment that quickly was through persistent emails and phone calls, going directly up the ladder to Farnham. I did, after all, have rent to pay. Farnham made repeated promises about the check coming from Chicago. This never happened. And after several communications from me, his staff had to cut a check from the New York office — something that the TONY cronies had previously told me was “impossible” — and I had to go down there and pick it up at their office. Because given the constant misrepresentations, I didn’t trust them to get my address correct.

A few weeks after another piece I wrote for them ran, I sent an email to find out what the status was on this second payment, thinking I might experience the same four month return time and receive similar misrepresentations from the TONY offices. I never received a reply. I followed up two weeks later. The Editorial Coordinator wrote back telling me that she was “checking in with our accounts payable department to find out when your check will be cut.” I left a voicemail asking for more specifics. The Editorial Coordinator hadn’t bothered to inform me in her email that, oh actually, “the financial director is on vacation this week.” I fired back a forceful but reasonable email, telling them that I would call their office “every day from Monday on — with equitable and reasonable intervals, I assure you — until we resolve this dispute, until we have a definite answer, and until there is a check in my hands.”

This afternoon, I got a phone call from Farnham. It was an effort to try and shake me up. I had experienced this approach before by bullies in high school, but hadn’t seen much action in my adult life outside of bars and law firms. “How dare you!” he screamed at me repeatedly over the phone. “Who do you think you are?” These were lines out of a bad melodrama. I responded with facts. I pointed out that I was not the one who had allowed four months to pass before the last check. I pointed out that I was not the one to let two weeks pass before replying to a payment query and repeated that I was completely understanding of a delay in payment, if only the efforts were communicated in a forthright manner. “You’ll get your check,” he seethed, sounding like a frat boy who can’t get a new pledge to hand him his beer bong.

When it was clear to Farnham that I could not be shaken up, that I would be polite but not kiss his ass (apparently, I was the asshole for being a professional and following up on payment), this infuriated the man. So he followed up with an alpha male threat that I “would not write for Time Out New York or any other magazine I edit.” Perhaps because of his Everest-sized ego, it apparently hadn’t occurred to Farnham that I’m not a fan for writing for publications that don’t honor communication, much less timely payment. Every place I have written for has always communicated with me in precise and reasonable terms, communicating to me when a check is late and being honest in every way. Most people, I believe, are kind and reasonable. “That’s fine,” I said, “I have no interest in employing my professional services for fucking deadbeat douchebags.” He hung up. A coward and a bully to the last.

I should point out that I think Michael Miller is a fine and demanding books editor. Because of this, I was happy to arrange the Sacks profile with him on short notice, getting a copy of the book the day before I had to interview the man and staying up during one twenty-hour stretch to read and prepare and ask Sacks questions he hadn’t been given before. So on this note, I regret the developments.

But if you are pondering writing for Time Out New York or any publication Brian Farnham is involved in, I present this anecdote to reveal just what you might be in store for.

You see, a writer is as much of a professional as a plumber, a barista, a lawyer, or a doctor. They have rents to pay and mouths to feed. Why is it then that so many want to screw them over?

[UPDATE: Emily Gould is a sweetheart. And for what it’s worth, Farnham had his deputy messenger me the check this morning.]

Responses from the Kindle Bloggers

[For more on these Kindle investigations, see ten arguments against the Kindle, the initial query concerning blog content being redistributed without permission or compensation, the first wave of Kindle blogger responses, and the the second wave of Kindle blogger responses.]

The upshot is that Amazon did indeed approach bloggers to participate in the Kindle Store. Mac Thomason tells me that Amazon approached him “either late last year or early this year.” Other bloggers, like Deane Barker, were approached largely because of their connection with third party outlets. In Barker’s case, it was Federated Media. (This is similar to what Glenn Reynolds told me about Pajamas Media.) In the case of bloggers who had a third party conduit, they don’t seem to be aware of the terms or even compensation specifics. The general consensus for high-traffic sites, however, is that advertising revenue will dwarf Kindle revenue. Thomason tells me that he’s “not expecting much.”

bezoskindle.jpgVinography‘s Alder Yarrow feels that “the fee covers the cost of making the content available via wireless access (since there is no monthly access fee). Yes it is a double standard, but some people are willing to pay for convenience.”

If the information wants to be free, at least one Kindle blogger has taken steps to remedy this. Bags and Baggage‘s Denise Howell, whose blog is licensed under Creative Commons, says that she generated “a separate, specific license to Amazon for their project.”

As to whether these bloggers see charging for a freely available RSS feed as a double standard, Barker notes, “I guess I don’t care if someone pays for my feed. I’d let them have it for free if Amazon would let me,” but expresses doubts that the operation will take off. Thomason suggests that because this is a different delivery system, these distinctions aren’t a double standard. “If someone were going to bind my postings up into a book, I’d expect compensation for that as well,” he said. And Thomason observes that his advertising revenue “basically only covers expenses.” So for bloggers in Thomason’s camp, Kindle may be an attractive option to boost revenue.

Howell, who hasn’t had advertising on his site in six years of blogging, begs to differ about this double standard. She wrote to me:

Your argument is like saying that simply because a musical artist makes some material available for free on the Web or as a “download of the day” in iTunes, it’s “a double standard” to ever charge for that work again. Doesn’t hold water. The creator maintains full control over uses (free or otherwise) of the work.

Howell likes the idea that “anyone who wants to can read it on the device.” And while the Kindle presents new possibilities for content delivery and revenue generation, the problem with Howell’s position is that Amazon has, in at least one case, screwed over the creator.

Daniel McGowan, the blogger behind Dan’s Take, tells me that had no idea that Amazon was doing this. McGowan tells me that he was never contacted by Amazon and that he was certainly never compensated by them. But there’s his blog at the Kindle Store.

So it appears, in at least one case, that Amazon has every intention of charging for content that they do not have consent for, and that, in McGowan’s case, they intend to leave him out in the cold while they collect 100% of the revenue. Apparently, not everybody can shout, “Thanks Amazon for all the cash!”

UPDATE: McGowan isn’t the only one being whose content is being sold through Amazon without his permission. Cork Gaines of Ray’s Index just responded to my email. He had no idea that Amazon was doing this until I contacted him. He had this to say:

Maybe two months ago, somebody from Amazon contacted me to tell me there was a problem with my RSS feed. At the time I ignored it, because my feed appeared to be working fine and had never heard any complaints (turns out it was just a quirk with Feed Validator). I wondered why Amazon would want my feed and just assumed they were going to integrate a feed reader on their site someplace in the future. I forgot about it and never followed up to see why. So to answer your question, NO, they never asked permission.

He says he isn’t gaining any revenue from Kindle, but he believes that it could generate new readers for his site, “but my thought is that the only subscribers will be people that are already familiar with my site.”

So that’s two bloggers who Amazon has left out in the cold. How many others are there?