Amazon Lied and Legit Writers Are Paying the Price

In case you actually had a life over the weekend, Amazon got caught with their pants down.

And on fire.

They swore up and down that they knew how many pages a reader read on their apps and Kindles when calculating pages read for Kindle Unlimited (KU) payouts. Turns out, they can't. And a number of scammers exploited that ginormous loophole to an estimated tune of $3+ million dollars in January of 2016 alone.

So what are they doing? Adding a "CLICK HERE" button at the beginning of the book to send you to the back of the book. With Amazon's fucked up system, it looks like the entire book has been read. If you don't take the bait and try to read the book, you'll quickly find out, the story is not what you thought you borrowed or bought.

If you want to see a good example of what I'm talking about, check out A Duke's Arrangement, using Amazon's Look Inside feature. In addition to the other bullshit, the title itself is loaded with keywords which is supposed to be a no-no under Amazon's TOC.

Selena Kitt has a rundown with her experience talking to Amazon, along with graphs and numbers of how this mess has affected the author community.

David Gaughran explains what Amazon is doing to rectify the problem, except their solution punishes legit authors and doesn't really plug the hole in KU 2.0.

The worst part of the problem as I see it? Amazon is ruining their rep on these scam books in KU, but they won't do anything until readers stop signing up for it.

I get that books are no longer Amazon's prime concern (pun intended), but their number one concern has been customer service. Where does that leave writers in this wasteland of scraped junk books?

Up the proverbially creek.

And people wonder why I didn't jump on the KU bandwagon two years ago.

UPDATE: Amazon finally answered, and it's pretty much the "Fuck You!" I expected.

Now Amazon's Whining Like a Little Girl

In the wee hours of Saturday morning, I received an e-mail from Amazon KDP. (The Passive Voice reprinted the full text of the e-mail sent to KDP authors.) It was a request to e-mail Michael Pietsch, the CEO of Hatchette Book Group USA, and tell him why he's wrong. Amazon even thoughtfully provided suggested language and provided Mike's e-mail address. Amazon also asks that they be copied on the e-mail the KDP author sent to Mike.

My initial reaction was the same as Selena Kitt's. Except with a lot more swear words.

So of course, when PG posted the letter on his blog a few hours later, I put my two cents in:

I read this shortly before I went to bed. I shouldn’t have checked my e-mail because I ended up tossing and turning as I composed a response to Jeff Bezos. 

I didn’t appreciate Hatchette’s efforts to pull me into their little war. And I know I’ll be in the minority here at TPV, but I don’t appreciate Amazon’s either. 

Yes, I’ve watched Hatchette harm friends’ careers over the years. I don’t agree with their pathetic propaganda campaign. And it makes me sick that Hatchette and their one-percenters spread their elitist BS across the world when it’a all about how many extra Benjamins they can collect. 

On the other hand, Amazon isn’t innocent, and they have caused me direct harm when they’ve removed my books from their retail site by arbitrarily and randomly changing the rules of what’s acceptable erotica. They also froze my account for several hours in December because I dared to question their policies even though it was a polite, professional e-mail. Frankly, I don’t trust Amazon any more than I trust Hatchette. 

So my question becomes why should I support either of these multi-million dollar companies in what amounts to a public schoolyard fight? 

There’s no reason to. Hatchette already lost the e-book/change war when they entered into a conspiracy to price-fix with four other publishers and Apple. As for Amazon, someone else will replace them as the top U.S. retailer in twenty or so years. 

My only concern here is my own company and my own bottom line. Because it’s just business, right? Or at least that’s the line both companies have dished out when they screw over someone. 

So here’s my answer to both Michael Pietsch and Jeff Bezos: When you pay me, I’ll do your company’s dirty work. Until then, leave me out of your playground slap fight.

I hoped that someone would pick apart my points, show the flaw in my logic. The regular commenters at TPV are a bunch of really smart people.

What did I get? A list of people who agreed with my points. And it unsettled me.

Then Barry Eisler popped in, and his take unsettled me even more. He talked about the "revolution in publishing" and "becoming a victim in someone else's war." When Toni McGee Causey disagreed with him, Barry ripped into her for using flamboyant, over-the-top language.

So of course, I had to jump in the middle:

Barry, I respect your opinion and normally, I agree with you on how things are developing in the publishing industry. 

But “smart alliances” for you is not necessarily a good choice for me. Amazon treats you very differently than they treat me. If James Patterson walked up to another Hatchette mid-list author not as well known and said exactly what you said here, how would you take it? Because to me, it sounds like a subtle threat, even though I sincerely doubt that’s how you meant it. 

I’ve learned an important lesson from the Big 5, and that’s not to put all my eggs in the one basket. Thankfully, I learned that lesson before the Kernel Pornocalypse last fall. Who stood up for the erotica writers then? It sure wasn’t Amazon. 

As you and Joe Konrath have said numerous times, we don’t know the exact terms Amazon and Hatchette are fighting over. Oh, we can guess, and I have a suspicion about which guesses are correct. But right now, I have to wonder if Anonymous B. is also correct in his/her comment above. Why do supporters need to CC Amazon if they write to the Hatchette CEO?

I fully expected to be ripped into as Toni had been. I got a bare acknowledgement of my points and that the effect on KDP authors wasn't his "primary interest." In other words, this has turned into an ideological battle for him as much as it has for James Patterson and Douglas Preston. And he avoided my specific questions, something he often rails at Patterson and Preston for doing.

I thought Barry Eisler was better than that. I'm disappointed at finding out yet another hero has feet of clay.

Through all of this, no one's asking the bigger question: Why the hell does Amazon think they need the help of a bunch of indie authors, whom Hatchette is going to ignore anyway?

Amazon Is Going Further to Hide Erotica...Even When You're Looking for It!

Well, if the weirdness with Red Phoenix's latest release, The Keeper Finds Her Mate (Keeper of the Pack #2), wasn't bad enough, Amazon is now hiding erotica books even when you're looking for them.

Late Wednesday night, I started poking around Amazon by entering my favorite authors or erotica writers I've met online. I got some interesting search results. If one or more of that author's books has been flagged with the dreaded ADULT label, those books won't show up, even you go to the Books>Kindle submenu. And it is more than one writer that this is happening to:

To get around the ADULT label, some authors, like Selena Kitt, are going through their library and changing covers and titles.

This is the original cover of Selena's book Connections and is still used on the Excessica storefront. Excessica is a cooperative of erotica authors headed by Selena.

By the time I downloaded the book from Amazon on July 25, 2012, Selena had to digitally add a bikini to the cover model, but the book was still listed as erotica.

(By the way, this is the cover that still appears on Barnes & Noble and Smashwords.)

Jump forward to the Kernel Pornocalypse in October of 2013. Everything labeled as erotica was getting banned, regardless of how covered the models were.

So Selena tried a different tactic. Not only did she create a brand-new cover, she changed the category of the book. It is no longer in Erotica, but listed as New Adult.

In this case, a reasonable argument can be made that the story is New Adult. There's only one sex scene, and it's not all that graphic. Also, Selena would be the first to warn against misleading readers.

But to paraphrase a statement Kallypso Masters made on Facebook during the Red Phoenix incident earlier this week, just how many hoops do writers have to jump through?

And she's got a point.

How long will Amazon continue to pretend it's not selling erotica? And why are their rules so arbitrary?

DH commented that putting out a defined set of rules means people will twist them to get away with things. I responded that many of us are already gaming the system to get around Amazon's undefined rules that we are figuring out.

I guess the point of all this rambling is why does Amazon make it so hard to find things that readers do want to read. Is it worth pissing off readers by hiding things, or in Red Phoenix's case, refusing to put something up for sale without saying why, thereby unleashing hordes of furious fans?

And at what point are we writers going to piss off the readers by gaming the system, changing a blurb too far to where the readers feel betray?

Why the hell can't we just call a duck as duck?

Surviving the 2013 Pornocalypse

While the 2013 Pornocalypse came to a head in October with a smear piece by The Kernel, the actual event has roots back to the beginning of the year.

In the first quarter, erotica writers noticed weird events like they were no longer showing up in the Top 100 on various retailers despite selling in record amounts. (And yes, indies do compare sales numbers with each other.) Several authors compared rankings/sales and discovered on Barnes & Noble, no erotica author was ranked higher the #126. It was too much of a coincidence.

At the same time, erotica no longer appeared in the Amazon search function if you searched from the main menu, even if you knew the author and title. Indies discovered their books were being slapped with the super-secret ADULT label. The problem was none of the authors knew what the criteria was.

Through experimentation, and a few assertive conversations with Amazon, Selena Kitt mapped out some of the issues and developed survival tips.

Things got a little better over the summer, then the Kernel attempted to take down Amazon with their smear piece. At which point, Amazon, Kobo and a few other retailers overreacted. The sad part is the fake alarm didn't really hurt the retailers, but it did fuck over a few thousand indie writers, most of which didn't publish erotica to begin with!

I talked about my personal issues in November. It didn't get any better in December. In fact at one point, I was banned from Amazon for six hours. Why? I asked very politely why Amazon wouldn't tell their long-time vendors what the changes in terms and conditions were because they weren't posting the info on the KDP website, but something had obviously changed.

To paraphrase the one sentence answer I received from Amazon:  We don't have to tell you shit.

(And people wonder why I don't go exclusive with Amazon.)

While retailers have the right to decide what they will and won't carry, it's the hypocrisy in their decisions aimed solely at indie writers that burns my britches. It burns Selena's too, and she goes in depth here. Unfortunately, we are not protected from corporate censorship, only government censorship. (Something a lot of Americans just don't get.)

So that means we need to play the corporate game if we want to use their retailers. Would it simply be easier for a company to have an adult filter that ADULTS can turn off if they so desire? Yes, it would, and it's exactly what Smashwords does. You know, it's pretty fucking sad when Mark Coker can outthink Jeff Bezos.

First, go read Selena's survival tips. I'll wait.

Now, here's things that have happened to me and erotica writers I know:

1) Selena's bad word list now applies to the descriptions, too. And here's the thing, THE WORDS CANNOT BE IN THERE. PERIOD. I've had two of my books banned because those particular words WERE TAKEN TOTALLY OUT OF CONTEXT.

For example, one story was about a rape survivor dealing with her boyfriends treating her like a porcelain doll. I asked politely for Amazon to reconsider, and then asked them to confirm this was the new policy. (P.S. This is the one where I got banned from the site for six hours for daring to question their policies.) I can say, "brutal sexual assault" but I can't say, "rape."

Both another writer and I used the the word, "forced", in a sentence that had nothing to do with sex. As in, "forced to leave the state to find a new job." Yet, Amazon laid down the hammer on those, too.

2) Beast erotica is the latest target of Amazon. Dinosaur porn is okay, but Bigfoot, centaurs, and satyrs aren't. Pseudo-incest? Forget it! Ironic that Flowers in the Attic is still available.

3) Covers? The policies concerning clothing and position don't make any sense whatsoever already, but things have been added to Selena's list. No partial boobs. No butt cracks. Ropes, handcuffs and whips are now verbotten. Hell, you can't even put an innocent puppy on your cover without being accused of bestiality.

The only good news to come out of this? The retailers aren't restricting actual content, just the packaging and themes.

So far.

Like I said in my November post, once we erotica writers get past the initial fallout, things will get back to normal.

Until the next Kernel writer gets rejected at a bar.

The Kernel Pornocalypse - Round 2

I wrote about the nasty little piece by the British rag The Kernel launched a panic attack throughout the halls of Kobo last month. Other retailers haven't been inactive, but they've been quietly axing or delaying indie erotica behind the scenes.

Nor did I think mine or Alter Ego's books had some special magic exemption from the current witch hunt. So far my erotica series, Seasons of Magick, has remained unscathed.

Alter Ego though?

1) Apple has refused to accept book four in her first BDSM series, despite changes to the cover, since May.

2) Since the beginning of 2012, Apple has sat on Alter Ego's books for three months or more before approving them for sale. By contrast, Blood Sacrifice was on sale at Apple one week after it was shipped by Smashwords.

3) Kobo was taken down all of Alter Ego's books that were distributed by Draft2Digital. Both mine and Alter Ego's books distributed by Smashwords are still available, except for the two(one from each of us)  that were released in October.

4) On Thursday, November 21, Amazon took down two of Alter Ego's books. In the past, Amazon slapped on their super-secret-double-probation ADULT label. This time they simply took the books down. Ironically, one of the books is about a married couple, and just the married couple, trying to jump start their sex life after the birth of their first child. When I told fellow erotica authors which book had been banned, the response was universal: "You've got to be fucking kidding me."

A large part of the problem is that there are no guidelines from any of these retailers about what is and is not acceptable. The second part of the problem is the lack of consistency in these mysterious super-secret-double-probation guidelines. The third problem is that the primary target is indie writers.

What do I mean?

E.L. James' Fifty Shades of Gray is okay. Selena Kitt's Babysitting the Baumgartners is not. Why? Selena's book has the rear view of a woman's hiney on the cover and the word "babysitting" in the title.

Chelsea Fox's Dog Gone It was banned for bestiality simply for have a canine on the cover, though no bestiality is even hinted in the description or the text. Meanwhile, Christie Sims and Alara Branwen's Taken by the T-Rex, which does all three, is still available without the ADULT label and a best seller, even though Amazon has made public statements that they will not accept any books with bestiality.

Charlaine Harris' Harper Connelly series, which includes an affair between the heroine and her stepbrother is okay, even though incest and pseudo incest is supposedly verboten according to a statement by Amazon to the BBC.

So what are indie erotica writers supposed to do?

1)l I strongly suggest you read Selena Kitt's guide to surviving the Pornocalypse.

2) Have your readers protest the unavailability of your books. The retailers are more likely to listen to disgruntled customers than disgruntled writers.

3) Realize that Smashwords is the only retailer that will.take responsibility and place an adult filter on their website. Promote them to your readers.

4) If you want to sell on the other retailer sites, understand that you will have to play the game dictated by Amazon, Apple, Barnes & Noble, and, maybe Kobo (assuming they will ever allow new indie books again).

It all sucks but there it is. Best of luck to all indie writers, because the Powers That Be are doing their best to tear us down. I don't know about y'all, but I like my taste of freedom, and I'm not about to give it up!

The Kernel, Kobo, and the Great Erotica Blow-up of 2013

Yes, I know I don't normally write a Thursday blog, but I wanted to record the shitstorm that happened over the last week while it's still fresh.

Once upon a time, which was actually Wednesday, October 9, 2013, a little U.K. rag called The Kernel ran a piece by Jeremy Wilson, vilifying Amazon as the purveyors of pornography. Specifically, they named erotica books that allegedly contained underage sex, incest, non-consensual sex and bestiality, four of the biggest no-no's in erotica because these are usually illegal in real life.

There's two things you need to understand before I continue:

1) The Kernel is so bad it makes the U.S.'s National Enquirer look like the epitome of top journalism.

2) Most traditional publishers, including those in newspapers and magazines, have a bad case of ADS, aka Amazon Derangement Syndrome, a term coined by the Passive Guy, the well-known, pro-indie publishing blogger of The Passive Voice, to describe the rampant trashing of Amazon in the publishing industry by those traditional pundits who still use Amazon's services to sell their merchandise.

On Saturday, October 12, 2013, The Daily Mail latched onto the so-called "story", but they added Barnes & Noble, W.H. Smith, and Waterstones (all brick and mortar stores with an online presence) into the lambasting of porn sales. Yes, this is the same Daily Mail singer Amanda Palmer mocked for reviewing her boobs instead of her singing.

That same day, the BBC (British Broadcasting Network which is the state-run television network) jumped on the bandwagon. They only focused on Amazon and the contents of the original Kernel story. According to the Amazon spokesperson's statement to the BBC, all books mention in the original story had been removed.

***
A legal side note to explain something: the U.K. does not have any equivalent to the U.S.'s First Amendment guaranteeing a right to freedom of speech. What the U.K. does have is the Obscene Publications Act, which makes the retailer liable if a shopper accidentally encounters material that would outrage public decency.

On top of the OPA, Prime Minister David Cameron is pushing a far-reaching law that would prevent anyone in the U.K. from accessing any kind of sexually explicit materials, not just child pornography. This proposed law has been jokingly referred to as the Great Firewall of London, but it would have some serious ramifications for writers, retailers and consumers if it is enacted.
***

At some point on Sunday, October 13, 2013, W.H. Smith shut down their website. I don't mean just the e-book portion but the entire fucking thing. Here's the screen shot of the holding page as I write this at 1 AM CDT on Thursday, October 17, 2013:

As you can see, more finger-pointing started. W.H. Smith blamed Kobo for the content of their e-books. Nevermind that W.H. Smith had been making money off that content for some time.

Kobo, in turn, started deleting books from their online sales site. But it wasn't just the books mentioned in The Kernel and The Daily Mail articles. Nor was it a deletion of erotica titles. It was a wipe of small/micro press and indie books regardless of the genre. Specifically targeted were books handled by distributor Draft2Digital (D2D) and those uploaded through Kobo's Writing Life.

One of the writers hit was thriller author and pro-indie pundit David Guaghran. The guy does NOT write erotica.

[DISCLOSURE: Two of Alter Ego's erotica titles handled by D2D are no longer available through Kobo. Both the Suzan Harden and Alter Ego erotica titles distributed through Smashwords, Inc., are still available on Kobo's website.]

On Monday, October 14, 2013, at 9:26 AM, I received the following e-mail from D2D's CEO Kris Austin:

Dear Suzan Harden:

We have discovered that over the weekend Kobo removed all books published through our account. While we have received no official word concerning this issue, we believe this is related to recent articles in the media concerning erotica titles available at WHSmith and Kobo’s storefronts.

However, Kobo’s response to this situation seems to have been removal of all books for any publishers (including distributors) that have offending titles until they find a solution.

I deeply regret that authors who have released books that are not erotica have been affected by this situation as well.

We are working aggressively to resolve this issue as quickly as possible and we will keep you updated as we learn more information.

Sincerely,
Kris Austin
President and CEO
Draft2Digital, LLC

Late Monday afternoon, Kobo finally made a statement concerning the removal of D2D books.

Defense of indie writers from the Kernel's hatchet job started early. The Digital Reader came back with some valid points.

On the IndieReader, Michelle Fox describes the witch hunt going on over at Amazon. Apparently, The Kernel didn't do their research. A couple of the books they mentioned didn't have the things they described. Kernel writer Wilson claimed author Chelsea Fox's book, Dog Gone It, supposedly had acts of bestiality. His reasoning? There was a dog on the cover.

Since the story went viral, The Kernel has taken down several of the alleged bad books on their page. Why? The U.K.'s laws concerning libel and slander are a lot more stringent than the U.S.'s. Writers like Chelsea Fox could have a hell of a payday if they decide to pursue actions against The Kernel.

Even though Chelsea's book was originally removed, it's now back up on Amazon (at least the U.S. website).

In the meantime, Amazon is doing more than taking down the books named by The Kernel and The Daily Mail. Erotica superstar Selena Kitt has a spectacular rundown over at One-Handed Read. While not mentioned by the British tabloids, one of her bestselling books, Babysitting the Baumgartners was removed from Amazon. She had to change the title only in the data base, not on the cover or text, to get Amazon to put it back on sale.

My thoughts on all of this? Major overreaction on the parts of the retailers. Smashwords has had an adult content filter on their website almost from day one. Why the mass purging when a little forethought could have saved these retailers a lot of trouble?

Because Amazon, Kobo, et. al. are only going through the motions. They WANT you to find these erotic books. They WANT to sell these books. Erotica makes them a BUTTLOAD of cash every year. I know because I've been making a buttload of cash since I created Alter Ego.

Right now, they're calming the pearl-clutchers as my friend Angie refers to the holier-than-thou assholes like Jeremy Wilson, knowing that writers will rename their books and upload them again when the kerfluffle dies down. THE RETAILERS DON'T GIVE A FLYING RAT'S ASS. Not about the writers. Not about the consumers. Not about Jeremy Wilson and drama mamas of his ilk.

Welcome to capitalism, baby! Ain't it great?