Monthly Archives: April 2008

Attack of the 800-Pound Amazon

Got to hand it to Amazon.com — she’s a bitch on wheels! Writers of self-published books done print-on-demand have recently run afoul of Amazon’s new policy of only allowing on-demand books printed through their on-demand service to be sold on their e-tailer site. Phew! That’s a mouthful. Seriously, though — Amazon is a pisser!

Can’t say I’m surprised by this new policy. Anyone who’s done business with Amazon in the last few years should’ve seen the writing on the wall. Let’s face it, Amazon started it’s rise to the top buying-out other Internet properties. They own BookSurge and Createspace — 2 of the top on-demand publishing services. Is their latest move really so surprising?

My own experience with Amazon began with the publication of my own chapbook, Snake Oil. I signed-up with the Amazon Advantage program so I could sell books published by Asterius Press on the Amazon site. It was hardly a fair deal — Amazon basically takes a limited amount of books on consignment which the publisher ships to Amazon’s warehouse at it’s own expense. Then, if you happen to sell a book, Amazon takes a whopping 55% of the retail price. Needless to say, the publisher doesn’t make much money. In fact, over time, I discovered I was actually losing money. And then, as if Amazon wasn’t taking enough out of my pocket, they decided to charge an annual fee. At this point, I’d had enough and decided to stop doing business with Amazon and quit the Advantage program. Next, having also come to the end of my relationship with the traditional printing company I’d been with, I decided to try on-demand printing. So, I signed with Digitz.net. I liked the fact that they not only worked with self-publishers, but with small press publishers. Initially, the relationship was fine. I began working on my first project with them and things seemed to go smoothly. Then, they were gobbled-up by BookSurge and Digitz.net ceased to exist. I accepted the relationship with Booksurge because I was assured that nothing would change. Six sales reps later, I began to suspect something was amiss. Much time went by and I hadn’t done a second book with them, although I had one in the works. Finally, I get an email from sales rep number seven telling me that Booksurge was now owned by Amazon.com. This was followed by a postal letter and contracts to be signed, faxed and . . . oh shit! I’m getting a headache. It was clear to me that Amazon was not only greedy, but bent on destroying small press publishers like me.

But let’s be honest, shall we? Amazon isn’t the only company casting it’s big fat shadow upon the landscape. While Amazon’s practices are greedy and monopolistic, all the broohaha over Amazon’s latest move misses the larger point — that the self-publication services are moving in the exact same direction traditional publishing has gone. Ingram, the largest distributor of printed media owns Lightning Source. Author Solutions Inc. owns AuthorHouse, WordClay and iUniverse. Other on-demand companies will have no choice but to go on a feeding frenzy just to compete. What that means is fewer options for writers with all the power in the hands of a few media conglomerates. It was bad enough when writers were being squeezed from the top, but now we are being squeezed from the bottom as well, with nowhere to turn.

In truth, the writers are just pawns in the chess game. What else is new?

How Can We Talk About Race If We Don’t Talk About Race?

Senator Barack Obama’s forthright speech on race has certainly got some writers talking. Certainly, Obama’s speech is about mutual respect and racial unity — what it most certainly was not, was a call for creative writers to censor themselves with politically correct language at the expense of their individual creative license. I think this debate over political correctness has already been taken to an absurd extreme in this country. Rather than promote unity, the use of politically correct language has only deepened the wounds and further divided us as a country.

Just yesterday, I was reading an opinion piece by wellness coach and author, Lynn Capehart about racially neutral writing — an essay suggested by the Obama speech but, I believe, somewhat misrepresents the speech’s intent. In this piece, Capehart makes the point that writers should “support racial equality” by using racially neutral language. In other words, we should give equal weight to a character’s race by refraining from the use of labels and stereotypes:

“. . . writers never mention race unless the character isn’t white. They often use race alone to delineate the character, as if she were a generic stand-in for the entire race, a stock character that can be substituted for any other in the group, and not an individual with a unique set of talents and ties.”

While I would agree with this generally, I don’t think we should apply a racially-neutral standard to all instances of writing — particularly fiction writing. That smacks of political correctness — a trend which I’ve already condemned as being bad for the language and bad for our culture. While it’s usually a good idea to refrain from using stereotypes, I believe there are instances where stereotypes and labels are useful.

Reader sensitivity is not a legitimate standard by which writers should decide how best to express something in their writing, whether it be about race or anything else. The individual needs of story and character should sort that out. For example, there are occasions where it would be better to simply refer to a character as “a black guy” or “white girl” rather than go into a long, writerly description of skin color or where failing to mention race at all wouldn’t meet the needs of a piece of writing. Indeed, some descriptions aren’t even as informative as a simple indentifier. One of the examples Ms. Capehart gave as an acceptable alternative is to depict a family carrying a Mexican flag, speaking Spanish and eating a Mexican meal. Correct me if I’m off the mark, but wouldn’t such a description be just as stereotypical as an ethnic label? Without being told that the family is Mexican, would those facts automatically tell you the family’s nationality and ethnic make-up? They could be a white family on vacation for all the reader would know from just those facts — which is fine if the family is white, but if it’s somehow important that the family be Mexican, wouldn’t you need to know that for certain? Certainly, depending on the location, it would be suggestive but that’s a lot of description to arrive at suggesting what a simple indentifying label tells you outright. Now, don’t misunderstand me, I’m not saying that you shouldn’t also add description and other facts as appropriate, just that I don’t see how stating that a character is Mexican or Black or Martian if those characters are one of those things promotes racial inequality.

Hypothetically, let’s say you have a scene in a story that takes place in an elevator. You have four people on that elevator: 3 men and 1 woman. Let’s say for the sake of argument that at the onset of the story that the race of these characters hasn’t yet been identified. All we know is that two of the guys and the woman are wearing business suits and the other man is a pizza delivery person:

” . . . so they’re both standing there naked as the day they were born,” Chad says to Bob, “and she says to him, ‘I thought you guys had big cocks’.”

Bob looks at Chad nervously and glances over at the pizza guy who is chortling loudly. Barbara is standing close to the door, her face tense. As the doors open, Barbara shoots Chad a disapproving stare.

“What’s the matter, Babs? Can’t take a joke?” Then, as she hurries out of the elevator, Chad points to the pizza delivery guy who is still laughing — laughing so hard, he drops his pizza box. “See,” Chad says, “The black guy gets it.”

The pizza guy finally stops laughing as the elevator doors close and begins moving to the next floor.

“You’re a funny man,” the pizza guy says, his eyes hardening to a dark point.

So, why did we simply identify the delivery man as “the black guy”? What was the rationale? In the scene, Chad relates a story that is obviously offensive to both women and blacks — or at least should be. Although no one else is identified by race, we can assume at the very least that Chad is white because it’s likely that only a white guy would identify a black person as “the black guy” (this is also rationale enough to tell you that Bob and Barbara are also white). Describing the characters’ race in any great detail would not necessarily add anything to the scene and could, in fact, bog it down in superfluous noise. It’s enough to simply identify the pizza guy by a label — why? Well, why did the pizza guy laugh? Do you think he thought Chad’s story was funny? Was his laughter genuine? What was it he “got” from hearing Chad’s anecdote? Do you think he was offended and was as uncomfortable as Bob and Barbara, who didn’t laugh? The pizza guy’s laughter is inappropriate and jarring largely because he is “the black guy”. Would describing the man’s skin color or hairstyle tell you anything you needed to know about him that a simple label does not in this particular instance? Secondly, if the pizza guy weren’t identified at all, most readers would assume he’s white and that would change the scene dramatically, wouldn’t it? Obviously, if the pizza guy were central to the larger story, the reader would need more information about him beyond the fact that he’s a black pizza delivery man. However, in this scene, the pizza guy is a very minor character — the kind of minor character I’d call a “mirror character” or a cookie-cutter stand-in who is reflective of the main character’s attitude and point-of-view and, hopefully hardens and reinforces, in the reader’s mind, what the main character is about. The pizza guy is a “stand-in” for the black race in this scene because that’s the way Chad sees the man. Again, these decisions are predicated upon the mechanics of the individual story and nothing more. Hopefully, the reader is intelligent enough to understand that. Overly sensitive readers are likely to find any excuse to be offended because they tend to bring their own baggage to their reading experience instead of taking a piece of writing on it’s own merits which is why it’s a mistake to give those people any thought when writing a story.

And this brings me to another point: how does writing about racist characters perpetuate racism or even suggest racism, ignorance or laziness on the part of the writer? There may not be a perfectly acceptable way to deal with race in fiction — at least so it’s acceptable to everyone. But, isn’t it better to acknowledge these realities and talk about them openly rather than bury them “outta sight, outta mind,” and hope they go away? To the extent that racial tension is still a part of American society, American literature will continue to reflect this. The purpose of literature isn’t to paint the world the way we want it to be, but the way it actually is. Enforcing some racially neutral standard of gray won’t change that and won’t make for “better writing.” Witness the white writers Ms. Capehart uses as good examples of racially neutral writing: James Patterson, Tom Clancy, Sara Paretsky and Lee Child. Popular writers to be sure . . . but truly great writers? I rest my case.

Oh Yeah? If You Don’t Like it, Sue Me!

Okay, it’s not really newsworthy at this point, as I am sure many of you are already aware that David Kuzminski of Preditors & Editors fame is defending himself against not one, but two separate libel suits (he is actively seeking donations for his legal defense so if you want to help, go to his website). The first lawsuit was filed on September 20, 2007 in a New Jersey District Court by literary agent, Barbara Bauer, a woman who has been the bane of many literary sites over the last few years. The second lawsuit was filed on Valentine’s Day in Virginia by Maryland attorney, Victor E. Cretella III, who is employed by PublishAmerica.

I can’t really speak about the second lawsuit, since I don’t know any of the details. Although, I would offer that Cretella’s reputation isn’t being damaged by any perceived libel so much as by his own association with PublishAmerica. The way I hear it, the man had a pretty solid reputation as a litigator prior to his association with that company, so he might want to rethink his employment situation if he’s interested in protecting his reputation.

The first lawsuit is much more interesting to me as it goes to the heart of something I’ve been preaching about for as long as I’ve been involved in the literary life: that there are too many dumbshits out there who know nothing about the publishing business. Inexperienced writers who get taken-in by so-called literary agents because they are ignorant of how the publishing industry works. So-called literary people who file frivolous lawsuits because they don’t understand anything about publishing law.

This lawsuit is a culmination of events which have transpired over the last few years. Discussions and postings about Bauer’s business practices. Cease and Desist letters. Taunting. Threats. The substance of the matter is this: Bauer is alleged to charge upfront fees of varying amounts for services ranging from reading manuscripts to “marketing” them to publishers — something no legitimate literary agency does. It is also alleged that she has a less than stellar track record selling manuscripts to publishers and that she submits manuscripts in less than satisfactory form. This has been widely posted on many literary sites. It is a fact that the watchdog site Writer’s Beware lists Bauer as one of the 20 worst literary agents. I’m not the one alleging this — I have no idea whether or not it’s true. However, many others have made these claims. Certainly, these claims should be easy enough to prove or disprove. Obviously, if these allegations are true, Ms. Bauer cannot argue libel.

Libel is a form of defamation in a fixed medium (usually in print, but also, through video broadcast, visual representation or sculpture) in which a person or organization makes a false claim which causes verifiable injury to a person’s reputation.

There are several defenses for libel — the most obvious being the truth. The truth of the matter is an absolute defense in the common law of the United States and Canada.

Other defenses include:

Privilege: statements made in a court of law or on the floor of a government legislature. or comments made between spouses.

Opinion: Anything presented as opinion rather than fact is generally recognized in most jurisdictions as not being libelous.

Fair comment:
statements made with an honest belief in their truthfulness in a matter of public interest are protected.

Good Faith: Statements made in the good faith and reasonable belief that they are true are usually treated as true statements. However, the standards of proof in such cases vary depending on the nature of the defendant.

Consent: The plaintiff gave consent for the defamatory statement to be used.

Innocent Dissemination:
when the defendant had no knowledge that the statement was defamatory. i.e. you can’t sue a postal worker for delivering a newsletter containing a defamatory statement or an ISP for delivering a defamatory email message.

Although, not a common defense, if the plaintiff can be proven to have such a low-standing in the community (in Bauer’s case, this would refer to her standing within the publishing industry) prior to the alleged defamation, to the extent that the individual’s reputation could not possibly be hurt any further, one can argue that it’s no longer possible to libel the plaintiff.

If I were one of the seventeen defendants in the Bauer lawsuit (and given that she seems to go after anyone who even mentions her name, that might yet happen), the first thing I’d do is file a counter-suit for Abuse of Process, Malicious Prosecution, and for interfering with my rights under the First Amendment (note that most courts are pretty friendly to bloggers in matters of free speech — I refer you to a 2003 decision by the 9th Circuit Court of Appeals which stated that “bloggers, website operators, and e-mail list editors cannot be held for libel for information they republish”). The second thing I’d do is track down as many allegedly wronged clients of the Bauer Agency and get them to make sworn affidavits detailing their experiences with the agency. If there is sufficient evidence of fraudulent behavior I would persuade those (again, allegedly) disgruntled clients to file their own class-action lawsuit against the Bauer Agency. That’s just for starters. if I had to go bankrupt defending myself anyway, I’d do just as well burying the plaintiff in so much trouble that even if the plaintiff could manage a victory (not possible if the allegations are true), they’d have to destroy themselves to achieve it. Indeed, if any of the allegations against Bauer are even remotely true, she’s exposing her skeletons to the light of day. If I were Bauer and I knew that the allegations were true, I’d have to think twice about pursuing legal action. Sometimes it’s better to let sleeping dogs lie.

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