The Amazon Conflict

The single most controversial aspect of the current dispute has been Amazon’s tactic of using sanctions against Hachette’s writers as leverage to force concessions from their publisher. For more than six months, Amazon has targeted Hachette authors by removing preorder buttons (which is more significant than it might appear, since publishers factor in preorders to determine their print runs), slowing shipping times, refusing to discount some books and directing readers to competing titles. The move has outraged many traditionally published writers, including members of Authors United, a group led by Douglas Preston that in August purchased a full-page ad in the New York Times calling on Amazon to stop putting writers in the middle of its battle with Hachette. About nine hundred writers signed the statement, including household names such as Stephen King, James Patterson, John Grisham, Scott Turow, Nora Roberts, and Suzanne Collins, along with Sherman Alexie (who went on The Colbert Report to discuss the dispute with Stephen Colbert, a Hachette author), Paul Auster, Madison Smartt Bell, Michael Chabon, Andre Dubus III, Jennifer Egan, Mary Gaitskill, Mary Gordon, Allan Gurganus, Siri Hustvedt, Maxine Hong Kingston, Dennis Lehane, Ann Patchett, Scott Spencer, and Donna Tartt. “As writers—most of us not published by Hachette—we feel strongly that no bookseller should block the sale of books or otherwise prevent or discourage customers from ordering or receiving the books they want,” the group said. “It is not right for Amazon to single out a group of authors, who are not involved in the dispute, for selective retaliation. Moreover, by inconveniencing and misleading its own customers with unfair pricing and delayed delivery, Amazon is contradicting its own written promise to be ‘Earth’s most customer-centric company.’... Without taking sides on the contractual dispute between Hachette and Amazon, we encourage Amazon in the strongest possible terms to stop harming the livelihood of the authors on whom it has built its business. None of us, neither readers nor authors, benefit when books are taken hostage.”

For more than six months, Amazon has targeted Hachette authors by removing preorder buttons (which is more significant than it might appear, since publishers factor in preorders to determine their print runs), slowing shipping times, refusing to discount some books and directing readers to competing titles. The move has outraged many traditionally published writers.

The Authors Guild has also officially not taken sides in the dispute, but most of its leadership—including Robinson and co–vice president Richard Russo—deplores what Robinson calls Amazon’s “punitive and intimidating” tactics. “It’s the dirtiest kind of dirty pool,” says Russo, whose novels include the Pulitzer Prize–winning Empire Falls (Knopf, 2001). “Amazon and Hachette may both be ruthlessly pursuing their own interests, but Hachette isn’t forcing Amazon to abuse authors.”

Amazon’s treatment of Hachette writers has been widely condemned by a wide swath of authors, including Louise Erdrich, author of the National Book Award–winning The Round House (Harper, 2012) and the owner of Birchbark Books & Native Arts, an independent bookstore in Minneapolis. “This a form of blacklisting,” says Erdrich, adding that she’s particularly concerned by the prospect of Amazon becoming a monopoly in all but name. “Allowing one company to get so big that it controls all of the information is dangerous,” she says. “Do we have the freedom to speak and write as we wish? Presently. But if we allow one distribution point, we have a dangerous bottleneck. Amazon is basically holding the books, the information, the writers, the editors, and all who contribute to the book world, hostage.” Entrekin, at the NYPL forum, issued a similarly dire warning. “We’re concentrating the flow of information in our society into the fewest hands ever in the history of the world,” he said. “That’s not a healthy thing, for all the obvious reasons.” 

In its open letter, Amazon responded to criticisms of its sanctions against Hachette writers by pointing the finger back in Hachette’s direction. “We recognize that writers reasonably want to be left out of a dispute between large companies,” the company’s book team said in a letter to readers. “Hachette spent three months stonewalling and only grudgingly began to even acknowledge our concerns when we took action to reduce sales of their titles in our store. Since then Amazon has made three separate offers to Hachette to take authors out of the middle. We first suggested that we (Amazon and Hachette) jointly make author royalties whole during the term of the dispute. Then we suggested that authors receive 100 percent of all sales of their titles until this dispute is resolved. Then we suggested that we would return to normal business operations if Amazon and Hachette’s normal share of revenue went to a literacy charity. But Hachette, and parent company Lagardère, have quickly and repeatedly dismissed these offers even though e-books represent 1 percent of their revenues and they could easily agree to do so. They believe they get leverage from keeping their authors in the middle.”

And as Amazon pointed out in the letter, not all authors are united in their opposition to the retailer or its negotiating tactics. Indeed, more than eighty-five hundred people—largely self-published writers, many of whom have been rejected by the New York legacy houses but found success distributing their work on Amazon’s Kindle Direct Publishing platform—have signed an online petition calling on Hachette to “stop fighting low prices and fair wages.” Calling the Big Five a “collusive cartel”—a reference to the Department of Justice’s 2012 lawsuit alleging that the largest New York publishers conspired with Apple in a price-fixing scheme—the petitioners attacked Hachette and the other big publishers as greedy, elitist, and high handed, while praising Amazon for its consumer focus and willingness to help writers shut out by the New York establishment and give them a chance to find an audience. “Amazon provides us the freedom to express ourselves in more creative ways, adding to the diversity of literature,” the writers state in the petition. “Hachette believes you’ll read whatever Hachette tells you to, and rejects and dismisses many worthy writers.” With regard to Amazon’s negotiating tactics targeting Hachette writers, the petition was sanguine: “Unfortunately for Amazon, a company that prides itself on customer service, a breakdown in negotiations has meant making decisions that are hard on customers and authors in the short run in order to fight for the rights of those same customers and authors in the long run.”

One early signer of the petition was C. J. Lyons, a former emergency-room pediatrician who now writes best-selling medical thrillers published independently and by the New York houses, and who is a member of the Authors Guild board of directors. “I totally see why [Hachette] authors are upset,” she wrote in an e-mail. “Without these extras [such as preorder buttons] that Amazon used to provide, their publisher has to work harder to market and sell their books and, quite frankly, Hachette has not been able to do that. I’ve seen reports of sales dropping by 50 percent or more.” On the other hand, she wrote, “Is it Amazon’s fault that publishers have given it such a large market share or that publishers themselves have created a business model where they have become dependent on Amazon? Several years ago, the same could be said of Barnes & Noble—in fact, Simon & Schuster authors suffered when they were in negotiations with B&N [in 2013]. That’s business. And if you don’t like the business model your own company has created, change it.”

As for nonfiction books that take years to research and write, “Those authors are clearly passionate about their work, as are their readers (however limited),” Lyons says. “While I applaud that, it would be up to each publisher to decide whether a work and author should be subsidized with a large advance. I don’t think we can lay that onus on any one distributor. Perhaps the answer lies in crowd-sourcing, increased grants and endowments for the arts, as well as self-publishing models where the author recoups more of the profit as well as has the chance to connect with [the] audience and create multimedia income streams.”

For now, the health of the publishing business is “extremely important to the health of literary culture,” Nawotka says. “They’ve published a lot of books that advance our culture that will be difficult to fit into the self-publishing structure, which is largely relegated to genre fiction and self-help books. You’re not going to see a lot of self-published biographies of Abraham Lincoln.”