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Got My Mind on My Money and DRM on My Mind

“When someone buys a book, they are also buying the right to resell that book, to loan it out, or give it away if they want. Everyone understands this.”
Jeff Bezos, Amazon CEO, Open Letter to Author’s Guild, 2002

“You may not sell, rent, lease, distribute, broadcast, sub-license or otherwise assign any rights to the Digital Content. In addition, you may not, and you will not encourage, assist or authorize any person to, bypass, modify, defeat or circumvent security features that protect Digital Content.”
Amazon.com, Kindle Terms of Service, 2007

Before we get started, does anyone NOT know what Digital Rights Management (DRM) is? If you’re an author signed with a large publisher it’s probably lurking somewhere in your contract, but is it your friend, or a foe? The relationship between eBooks and DRM is complicated, so before you take a blind stand on either side, please take the opportunity to educate yourself- don’t let paranoia be your guide.

A detailed explanation of DRM can be found here, but in a nutshell, it’s a system embedded into the electronic book you buy that restricts how you can use it. Let’s say you’re on board with the eBook concept: multiple books can be carried around on one device, you don’t need two hands to hold said device while you read: yee haw, happy, happy. Okay, so you buy a Sony Reader and gosh, isn’t it pretty? Now let’s say you buy three different eBooks from three different vendors. Keeping in mind that there are no industry standards for eBook publishing, you’re now faced with the possibility of having to install and use three different formats, thus leaving you with a fragmented bookshelf. But wait, it gets better because once you’ve downloaded those eBooks they’re likely now tied to that particular device. If you’re loyal to one device that may not be a problem for you, but not everyone is like that. Some people like the flexibility of having their eBooks on their readers, computers and cell phones; shouldn’t that be the consumer’s choice? To utilize their purchases in the way that works best for them?

Regardless of your answer to that question, here’s something else to ponder: what happens when your original device of choice is no longer an option? Picture this little scenario: you have lovingly organized $200.00 worth of eBooks on your laptop and out of the blue it crashes or gets stolen. You were smart enough to back everything up beforehand, lucky you, so you should be able to retrieve your library on a new device, correct? Maybe, maybe not. Upon installing the application onto your new computer you could be asked to first re-activate it on your old computer- good luck there. Your next course of action is to take your claim to the eBook vendors. You did remember to make a list of all the eBook vendors you’ve patronized, of course, and naturally they’re all still in business. Right? Right? Bueller?

The problem then arises that the decision to allow transfer of your license is at the pleasure of the vendor that sold you that eBook. Because of DRM your only recourse now is to throw yourself on someone else’s mercy and hope the tears in your voice will bring your eBooks back. Is this logical? Is it fair? Does it matter? It depends on who you ask.

If this sounds like a melodramatic, doomsday scenario, please direct your attention here, here and here. This is just a sample of honest people who simply want to read their books, but because of DRM are having to jump through hoops in order to do so.

Well, if DRM is such a problem for consumers, why keep the practice?

That is a fabulous question; how astute of you to ask! The answer is that even though consumers may not want DRM, many book publishers and authors do (or they think they do). Some of you may be outraged by the suggestion that this is due in large part to greed and/or fear, but let’s ride this horse and see what happens.

Both publishers and authors are in business to make money and the threat of piracy stands in the way of that objective, or so it would seem. This is the fear: stolen property. This is the greed: lost sales and royalties. Both concerns are reasonable and valid, but they’re also short-sighted. News flash everyone: any book that can be viewed (eBook or paper) can be pirated- it’s unavoidable. There are lots of smart, creative people around who are always up for a challenge and deep down, past the denial and delusions that help you sleep at night, you know it’s true. Why then are so many resources being thrown at a problem that will never go away? DRM restrictions that create unnecessary friction and make consumers feel like criminals is bad for business. It is effectively pushing them into the arms of the competition that will treat them with more respect. How’s that going to help your sales and royalties? Most people will buy books if given the opportunity, but as long as it’s harder to be honest, piracy will continue to be a draw.

“The sky is falling! The sky is falling!”

No, not really. Publishing is in a state of transition is all. Books are going to have to stop being viewed as individual products and more as vehicles of distribution for ideas, knowledge and experiences. Publication can’t just be an end product anymore; it needs to morph into a process for which promotions will play a huge role. Piracy and sharing will be embraced and encouraged as new forms of viral marketing, with every book showcased as an ambassador for itself, the author’s list and the publisher’s catalog (as in, “If you liked this book, you’ll love…). This is a time of great possibility. Welcome the changes; have fun with them. This is good.

Look, we’re all on the same side here: authors want to write, publishers want to publish and readers want to read. The problems come in when we start trying to screw each other over. Think win/win people: play fair with me and I’ll play fair with you. We need to build long-term relationships with our readers and look to the future. What more do our readers want? What else do we have to give? We need to be open to finding the answers to these questions and willing to try new things. Fear has no place in this world. Worrying about things over which you have no control is pointless- let it go. Better yet, make it work for you. Eric Flint over at Baen has a pretty good philosophy and for you self-publishers, why not give Kevin Kelly a look-see for inspiration. Think big. Dream big. Move forward. That is all.

Well, not quite. Paper books don’t have DRM and life seems to have moved along just fine. What’s up with that, DRM?