Round up #85: Judge on the class action suit, KOLL-apse continues

Round up #85: Judge on the class action suit, KOLL-apse continues

The ILMK Round ups are short pieces which may or may not be expanded later.

KOLL-apse continues

Last month, I wrote about a downward trend in the Kindle Owners’ Lending Library. Well, the figures are out, and that trend is continuing.  Well, the April figures are out, and there were fewer borrows, fewer borrows per day, and fewer borrows per title.

Month Pool Pool Pay Borrows Per Day Count BPT % Drop
11-Dec  $  500,000  $     1.70    294,118    12,788
12-Jan  $  700,000  $     1.60    437,500    14,113      69,850 6.26
12-Feb  $  600,000  $     2.01    298,507    10,293      95,020 3.14 50%
12-Mar  $  600,000  $     2.18    275,229      8,878    117,652 2.34 25%
12-Apr $ 600,000 $ 2.48       241,935          8,065 131,110           1.85 21%

Let me explain those columns:

The month is the month. :)

The pool is the amount that was divided among the participating publishers.

The pool pay is how much those publishers got for each “borrow”.

The borrows are the number of times that books were borrowed from the KOLL. Note that those aren’t all different titles. It’s possible that The Hunger Games was borrowed a lot more often than Love Your Kindle Fire…in fact, I’d bet on it. :)

Per day is the number of borrows per day. I did adjust for the program not starting until December 8th.

The count is the number of books I recorded for the KOLL on the first of that month. I considered counting, say, March 1st as being the February number, but I decided not to do that.

BPT is the number of Borrows Per Title. I divided the number of borrows by the   count.

% Drop is the percentage drop in the borrows per title from one month to the next.

Now, fewer borrows with the same amount of pool pay does mean that there is more money per each borrow, so there is some advantage there…for the publishers who are actually getting the borrows.

June will be fascinating to see, since the Harry Potter books will “apparate” into the KOLL on June 19th. Jo Rowling doesn’t get any of the pool pay. In order to get that, you have to be in the KDP Select program…which requires giving Amazon exclusivity, and Jo and Pottermore won’t do that.

However, I suspect HP will suck up a lot of the borrows that month…potentially lowering the KDP Select borrows even more. You see, a Prime member only has up to one borrow a month…not one for KDP Select books and one that isn’t. Everybody who borrows an HP book in June won’t be able to borrow a KDP Select title in June.

That could have a negative impact on publishers which agreed to the KDP Select exclusivity before we found out about Harry coming to the KOLL…we’ll see, though. In the long run, it may be good for indies as it accustoms people to borrowing…but we’ll see.

Judge rules on Agency Model class action suit

Thanks to Andrys Basten of the excellent A Kindle World blog for what I would say has been the best ongoing coverage of the legal issues around the Agency Model.

In this

A Kindle World post

Andrys reports on Justice Cote’s ruling on the request by Apple, Macmillan, Penguin, and Simon & Schuster to dismiss a class action suit against them.

The request was denied: the case goes on.

I’ve read through the 56 page ruling (Andrys provided a link):

There are some fascinating things in there. Basically, the publishers which asked for the dismissal argue that the allegations are not supported.

The judge says that they are supported enough to allow the case to go forward.

I’m going to give you a few quotations from the ruling:


“After adoption of the agency model, the price of new
bestselling eBooks increased by forty percent on average, even
though there had been no corresponding increase in costs. eBook
prices are now identical at the four major eBook distributors,
Amazon, Sony, Apple, and Barnes & Noble.”


“The Complaint
describes specific conversations from which it is fair to infer
that the Publisher Defendants had agreed among themselves to
adopt a joint strategy to force an increase in the price of


“The defendants are incorrect.”


“Finally, Jobs’ prescient prediction
at the iPad launch that the prices consumers would be paying for
eBooks would all “be the same” and the other quotations from
Jobs, Murdoch and Sargent, combine to provide ample evidence
that the Publisher Defendants had agreed with each other to
undertake collective action to raise eBooks’ prices and that
Apple intentionally and knowingly joined that conspiracy.”


“…it is fair to infer that Macmillan’s conversation with
Amazon would not have occurred unless it had agreed with other
publishers to coerce adoption of the agency model and remove
price competition at the retail level. The “option” of no
access to any Macmillan eBooks for seven months can only
reasonably be viewed as an unpalatable one.”


We need to be very clear that this doesn’t mean that Judge Cote thinks that the publishers and Apple will eventually lose the suit. However, the judge did have the option to make it stop right here, and didn’t.

You may want to read the ruling. Yes, there are some dry parts, but it also has a nice summary of the whole situation.

Back from the graduation

We’re back from watching my “kid” graduate! The ceremony was great…one nice thing about seeing your kid graduate in New Orleans (in the Superdome, no less): good jazz music. 😉 My Significant Other compared one clarinet-playing professor to Benny Goodman…no small compliment.

Thanks for all the kind words about the accomplishment! I really appreciated that people continued to comment while I was gone. I was able to post a couple of times, in addition to the less time sensitive posts I had written ahead.

I did some of that from my Fire, although I also used the business center in the hotel.

We traveled without a keyboarded computer: no laptop or netbook. That does have its challenges, and my Fire isn’t up the usefulness of a computer with a keyboard at this point. I’m hoping that one of the tablets I expect Amazon to release before the end of the summer serves that purpose better…perhaps through speech-to-text.

I wanted to give you some feedback on using the Fire on this trip.

I wasn’t on a flight with wi-fi (although Southwest indicated strongly that was coming to more flights in the future), so I wasn’t able to test that.

I did watch Battle Royale on the plane (you can read my take on it and how it compares to The Hunger Games here), which I had rented from Amazon to test watching that on the plane. I purchased several days before the trip, and made the point to download it the day before (I had a 48 hour period to watch it). I had no problem watching it on the plane…except that it first stopped me by telling me I didn’t have a web connection (which I didn’t need).

I had that happen with the Fire a couple of times on this trip…the Fire would tell me it was not going to be able to do something, and then I would make the exact same request and it would work just fine.

One particularly disconcerting one was when it told me I couldn’t open a book because of DRM (Digital Rights Management) restrictions, and that I should delete and download it again from Amazon. I happened to notice that my Fire wasn’t showing its proper name in my top left corner of the screen. It switched to the proper name (“Coventy”) very quickly, and then the book opened properly.

That suggests to me that it forgot who it was for a minute…so the coding of the downloaded file didn’t recognize the Fire as the device for which it was keyed.

Outside of that, it worked well. I read The Mongoliad: Book One (The Foreworld Saga) start to finish. I also read quite a bit of Doc Savage: The Desert Demons (The Wild Adventures of Doc Savage). I’ll write reviews of both of those.

I read some magazines.

I did listen to some Old Time Radio…including trying the TuneIn Radio Pro app, recommended to my by my reader, Gwen.

I played Dabble. 🙂

I also used the Maxthon Mobile Web Browser extensively. I do like it in a lot of ways…there was only one site it didn’t seem to render well. One reason why I was using it instead of Silk is that it has a private mode. That means it doesn’t remember where I’ve been. While people might do that to hide certain types of sites, my main concern is protecting my information if somebody got hold of my Kindle Fire. I’ve used the Parental Controls to block the Silk browser, and I do have that remember some passwords. Maxthon let me visit websites without fear of leaving a trail that someone unwanted could retrace easily.

No question, I used the Docs tab…it had my travel information. 🙂 I also add little notes to the document, with things like our parking space and room number. I’ve also parental controlled that tab.

In fact, I think the only tab I didn’t use at all was Music…I’ve certainly used it before, but I think the OTR really took that over this time.

What about you? What was the best thing for which you used your Kindle or Kindle app in the past seven days? Feel free to let me know…or to comment on the stories in this post.

This post by Bufo Calvin originally appeared in the I Love My Kindle blog.


7 Responses to “Round up #85: Judge on the class action suit, KOLL-apse continues”

  1. tuxgirl Says:

    It may seem silly, but I honestly preferred the KOLL before the indies were allowed in. There was a small number of books available, and it was easy to glance through them and find the ones that looked interesting. The past two months, I honestly didn’t feel like sifting through the list of books to try to find something I wanted to read. Now, I will probably only end up borrowing if I search for a book that I’m interested in, and then notice that it happens to be prime-enabled.

    I have the same sort of feelings toward the sudden influx of freebie books over the past couple months. Back when there were 10-20 new freebies per day, it was exciting, and I checked the list every day to see if there was anything there that I wanted to read. Now, with a couple hundred new freebies every day, I only even look a couple times a month, and when I do, I only look at the ones recommended by other people. It’s not as exciting to have freebies available, and I’m not as eager for them as I was when there were only a few per day.

    • Bufo Calvin Says:

      Thanks for writing, tuxgirl!

      I understand that to some extent…it can be overwhelming! On the other hand, some of the books I have selected to borrow were indies.

      I’ve also stopped getting all the freebies…it’s just too much work. 🙂

    • vrwl Says:

      If I read about a book I might be interested in and it is prime-enabled, I add it to my wish list to remember for future borrowing. So basically my wish list is my borrow list. 🙂

      • Bufo Calvin Says:

        Thanks for writing, vrwl!

        Sure, that’s a good idea…and you could even set up a different wish list for that, if you wanted.

  2. jadwriter Says:

    It is interesting to see that the no of borrows is now down on KOLL. It makes me think that it might not be worth it putting an ebook on there and put it on all platforms instead to get more readers.

    • Bufo Calvin Says:

      Thanks for writing, jadwriter!

      That’s always been part of the calculation. Since January, the number of borrows has been dropping, and the number of borrows per title has also been dropping. I do think the presence of the Harry Potter books will further significantly drop the income for KDP Select members, since the total number of borrows is likely to increase, and that will come in part from people who would otherwise have borrowed a KDP Select title.

      It’s possible Amazon will increase the pool pay…they haven’t announced the amount for June yet.

  3. The Kindle Chronicles - TKC 199 Paul Slack Says:

    […] do a similar deal to welcome Kindles into independent bookstores on this side of the pond. 2) Bufo Calvin finds declining activity at the Kindle Owners’ Lending Library. 3) Stephen Windwalker points […]

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