Hail Mary

Both Zondervan and Thomas Nelson are being sued by a gay man who claims versions of the bible sold by these publishers refer to homosexuality as a sin and as a result directly violate his constitutional rights and have caused him emotional pain and mental instability. To say nothing of society. One might assume it is difficult to put a price on this pain (and instability)but Mr. Bradley LaShawn Fowler has assessed the damage at $60mm for Zondervan and a measly $10mm for Nelson. (He hasn't even murdered anyone and he is getting the full barrelled name treatment - perhaps because it is so colorful - I mean Bradley LaShawn WTF?)

You know the plot twist in Law & Order when the defendent decides to represent himself? That's when you know the guy is whacked and he's going down. BLF is defending himself. After refusing to appoint an attorney in his case against Nelson the judge said, "The Court has some very genuine concerns about the nature and efficacy of these claims." As part of his "brief", BNF claims, (USAToday)

because Zondervan's text revisions from a 1980s version of the Bible included, and then deleted, a reference to homosexuality in 1 Corinthians without informing the public of the changes.

The intent of the publisher was to design a religious, sacred document to reflect an individual opinion or a group's conclusion to cause "me or anyone who is a homosexual to endure verbal abuse, discrimination, episodes of hate, and physical violence ... including murder,"

He's got a better chance of seeing Jesus than winning this one. Yet another waste of judicial time and resources. I wonder if Mike Hyatt will be twittering about this one.

WSJ Looks At Textbooks

In this mornings WSJ, an article on textbook pricing but with a twist. The article notes the mutual interest that exists between publishers and institutions in maintaining revenues from the sale of texts. They note the uneasy relationship at the University of Alabama where a 'custom version' of a workbook is required reading for English Comp but in reality the workbook is little different than a non-custom version.

The spiral-bound book is nearly identical to the same "A Writer's Reference" that goes for $30 in the used-book market and costs about $54 new. The only difference in the Alabama version: a 32-page section describing the school's writing program -- which is available for free on the university's Web site. This version also has the University of Alabama's name printed across the top of the front cover, and a notice on the back that reads: "This book may not be bought or sold used."

Custom textbooks are the fastest growing segment of the education market but this aspect of publishing is likely to generate more scrutiny as publishers make even more extensive use of custom versions to circumvent the used book market. There are numerous state legislatures attempting (in some cases have done so) to write and pass legislation that will govern textbook pricing and place restrictions on the relationship between academicians and publishers. In NY, even the Attorney General's office is getting in on the action:

The book-royalty arrangements resemble a practice exposed during last year's student-loan scandal, when some universities steered students to particular lending firms and received a secret cut of the loans. New York Attorney General Andrew Cuomo called those payments "kickbacks" and forced universities, many of which said they used the money to fund scholarships, to halt the practice. Mr. Cuomo recently launched a broad conflict-of-interest investigation of the relationship between colleges and vendors, including book publishers.

Central to the WSJ article is the growth in the provision of 'royalty' payments back to course departments (via the Bookstore) as though this were something new. What is glossed over is the recognition that the bookstore has always made some margin on the sale of both new and used textbooks. In this article we would be forgiven for believing there was never any mutual interest in the sale of textbooks between college and publisher.

As with many things, technology will march on ahead of those that what to govern commercial interests, and while custom textbooks are a focus now, educational companies are already establishing deals where electronic versions of their titles will be paid for like lab-fees. If a student takes a course they are automatically charged a fee for access to the text material online. This subscription model will revolutionize educational publishing as it has legal, tax and financial information and this is not news to anyone in the business. It may be news to legislators. Fellow traveller, Alison Pendergast notes an article in The Chronicle of Higher Education:

Colorado Community Colleges Online, a consortium of 13 institutions in the Colorado Community College System, has teamed up with Pearson Education to offer digital textbooks at a one-time cost of $49 per student. The deal is the first of its kind between a major publisher and a public college system according to Rhonda M. Epper, co-executive director of learning technology for the Colorado online system. The $49 fee is rolled in with tuition.

In the above case, even though the fee appears low the total dollars paid by all students for access to materials may exceed what Pearson would have received were the books sold as print versions in the bookstore. This is because most students either don't buy a textbook or buy a used version. In the e-book world they may not have that freedom. The Colorado experiment is likely to become preferred by publishers and institutions over time but the market will also become a battle ground for publishers attempting to build delivery platforms for their content. Pearson leads in this development but the two other major publishers are spending fast to catch up. For many other educational publishers they may find themselves having to establish content licencing agreements with the major players so that they can deliver their content to students. Other than the largest publishers most will not have the resources to build a delivery solution and nor will their solution ever be as complete as the offer from Pearson or Cengage. It is dynamic stuff and in five years educational publishing will be unrecognisable versus what we see currently.

Best Travel/Food Show on TV

In case you don't know this already, Anthony Bourdain's No Reservations show on the Travel Channel is the best Travel/Food show going. So forget little Rachael and even gorgeous Giada and check out some real life travel and cooking. A new series has just started.

Chark Blog in Book Form

Exact Editions is reporting that Richard Charkin's blog posts, made when he was Chairman of Macmillan UK may be coming out in print. As Adam says,

The Charkin blog was a very good read while it lasted, it will be interesting to see if it can work in volume form.

Strange Mr. Charkin hasn't reestablished a new blog. He seemed to relish the first version so much.

Later on....

Coincidentally, CNet writer Caroline McCarthy notes the trend (not sure it is one) in blog to books:

This blogs-to-books trend seems to keep chugging along, despite the fact that none of their predecessors have been particularly successful. Gawker Media's Guide to Conquering All Media sold dismally, as schadenfreude-happy blogger Jeff Bercovici gleefully pointed out. Options, the book takeoff of the wildly popular Fake Steve Jobs blog, wasn't exactly a chart-topper, either. And now there are books either just out or on the way for blogs Stuff White People Like, I Can Has Cheezburger, Postcards From Yo Momma, Passive-Aggressive Notes, and a heap of others.

Personnally, I can't begrudge any of these people/sites from taking publisher's money to turn their free stuff into book form. If nothing else, the ability to construct a sentence and acheive meaning coupled with the development of a market should make the blog world a ready proving ground for many a book author. I would have thought the limitless talent of many blog writers will have made the agent and editor's life a little easier.

BTW, I'm still waiting....

Ebsco Launches New Interface

Ebsco has made available their new interface to subscribers for several months and is about to launch it officially sometime in July. This is the first revision in over five years and the company seems to have taken a very focused approach to designing the new interface. First impressions are impressive with the simplified Google like search page which can expand to include 'drop-down' advanced search options. The manner in which they have done this is elegant negating the need to click to a separate page.

The full results page renders further options to narrow a search - Source, Author, Subject, etc - as well as by timeframe. Missing is an indication of the number of results that occur within each of these related search terms which can potentially result in proceeding down a dead end. The timeline limiter is executed using a sliding bar: Some users will like this but an equal number will dislike it. To me it looked like an attempt to incorporate some 'trendy technology' when using date ranges with a number indicating the articles falling within that range would have been more useful. As the user makes decisions on the direction of their search, these are recorded in a query chain that runs across the top of the page. As a result the user can jump back several steps at a time to retrace their search steps. The user can also use the same trail of queries to drop terms out of the string as well as start new queries. Users will find this feature highly useful.

The 'narrow/limit' your search boxes which run each side of the results set can be closed or opened and aids navigation especially when the user has narrowed their search closer to their objective. In short, closing these boxes alters the look of the page and improves usability; however, closing them makes the page less cluttered but does not seem to increase the number of items above the fold.

Ebsco has also included images from their image collection which are presented as part of each search result and can be viewed in pop-up form. Images include photos, diagrams, illustrations, graphs, and tables and Ebsco promises to have 3mm+ available by 2009.

While there are many other features included in the product, the preview tool is worth noting. Hovering over the magnifying glass icon brings up a pop-up preview window that enables the user to determine whether the article is worth accessing. From this window the user can save the article citation to a folder for review later. In practice, this means a user can scan through a list of results, rapidly identify the items of relevancy and save them all in one place for detailed review once their first pass research is complete. This is a nice feature and will prove useful to any researcher. (Export to all standard citation tools is also available).

For those more interested in looking at the other features here are some Ebsco documents. Of interest will be the Visual and Advanced search features which in the case of visual search offers an interesting approach to mapping the results set of any search.

(On a side note, I wish they would drop the 2.0 moniker; this is so 2005).

A Real Celebrity Bio - UPDATE

It is almost hard to believe that Ingrid Betancourt has been set free and even appears healthy. With all the drivel published about the lives of vapid insignificant people, this would be a story worth telling.

Rodrigo Arangua/Agence France-Presse — Getty Images
Ingrid Betancourt, a former presidential candidate, was one of the hostages rescued.


Update:
According to several sources Ingrid Betancourt is wasting no time meeting with publishers (and who can blame her). Discussions may center around her writing a play about her experiences as a captive in the jungle. This weekend she was interviewed by French newspaper Le Journal du Dimanche and suggested as much in the following:

Votre vie désormais ce sera vos enfants, la politique, mais aussi
l'écriture?

Je ne vais pas avoir la prétention d'écrire beaucoup mais je veux laisser un témoignage de ce que j'ai vécu à deux niveaux: l'histoire telle quelle, mais il y a des choses qui ne peuvent pas être dites. C'est très difficile à expliquer. A un moment, lorsque j'étais en captivité, je me suis dit: "Il faut que les gens comprennent, mais je ne peux pas l'écrire tel quel. Alors je ferai une pièce de théâtre. Et là, je montrerai des choses que les gens doivent sentir." Il faudra une mise en scène pour que les gens comprennent ces choses qui tiennent plutôt à la condition humaine, à ce que nous sommes au fond de nous. Nous pouvons être des anges mais nous pouvons aussi être des démons pour l'autre. Ceux qui verront ce que j'ai vécu comprendront qu'il faut faire attention à ne jamais tomber dans cet abîme. Chacun de nous. Pas seulement l'autre: chacun de nous dans notre intérieur peut être extraordinairement bon et extraordinairement méchant. On peut être les deux en même temps. Il faut vraiment prendre conscience de ce que nous sommes et prendre garde: nous pouvons tous tomber dans cette horreur d'être des loups pour l'autre.

MediaWeek (Vol 1 No 27):

Some headlines from the week in media June 30 - July 6. Penguin Blog: Nick Hornby bemoans both e-books and the lack of interest in reading. Radar Online: Gawker media keeps lowering their pay scales. Bloomberg: Reports on the rapidly rising cost of newsprint. As if news wasn't bad enough in newspapers. Reuters: Security Analysts following the newspaper industry are abondoning ship as well. Forbes: Axel Springer are on the look out for acquisitions. SF Gate: Is a Kindle to books as an iPod is to tunes? Telegraph: Review of a book about 'the grandest name in [British] publishing' John Murray Open Access News: Latest bruhaha in Journals publishing regarding Open Access Publisher Public Library of Science. Private Equity Hub: Reed offering sweatener for Reed Business Deal TimesOnline: Newspaper publisher Trinity Mirror may cut dividend after dropping its share buy-back program

Neil Young's Living With War Movie

Mrs PND and I saw Neil Young when he was in NYC for a four night stop at the United Palace Theatre in Washington Heights. Of the four or five times I have seen him, this was the best show which saw him play a varied set covering much of his 40 year career. He did not play cuts from the Living With War album which he released in 2006, but those songs formed the backbone of CSNY's 2006 tour which is now the subject of a tour documentary. The movie is scheduled to be released later this summer and in advance TimesOnline caught up with Young at his local diner (really).

The film is a documentary about Crosby, Stills, Nash and Young’s Freedom of Speech tour, staged during the US midterm elections in 2006. But it is a far cry from Michael Moore-style agitprop. Young/Shakey has gone out of his way to present an impeccably balanced picture of America’s reaction to a tour whose repertoire consisted entirely of antiwar songs, from Buffalo Springfield oldies such as For What It’s Worth and CSNY’s era-defining Ohio to selections from Young’s 2006 album, Living with War. To this effect, their trip is narrated by an award-winning television journalist, Mike Cerre, who has covered both Vietnam and Iraq, where he was an “embedded” reporter.

Set List from the December show:

From Hank to Hendrix
Ambulence Blues
Sad Movies
A Man Needs a Maid
Harvest
Try
Journey Through the Past
Mellow My Mind
Love Art Blues
Cowgirl in the Sand
After the Gold Rush

Mr Soul
Everyone Knows this is Nowhere
Dirty Old Man
Spirit Road
Bad Fog of Loneliness
Winterlong
Oh Lonesome Me
The Believer
No Hidden Path

Cinnamon Girl
Cortz the Killer

Jordan Edmiston Deal Report

JEGI just published their first half review of M/A in the media business. As most will realize, deal flow is off considerably at the top end of the market; however, JEGI has seen some resiliancy in the middle market.

From their press release:

M&A activity for the first half of 2008 was increasingly cloudy, but with continued bright spots in several areas, especially in the Online Media & Technology and Marketing & Interactive Services sectors, as well as in sub-$1 billion transactions. High-quality, innovative mid-sized companies continued to trade at a brisk pace, as diversified media and marketing groups, major technology companies, and private equity investors continue to participate in the “retooling” of the media and marketing services industries. In spite of economic pressures, ongoing turmoil in the financial markets, and concerns about consumer confidence, the total number of transactions for media, information, marketing services and related technologies increased slightly to 404, versus 397 in the prior year. Deal value, however, was down dramatically to $23.2 billion from $65.8 billion in the same period in 2007.

They also offer some consolidated highlights thus far on the year:

M&A activity in the first half of 2008 showed less than half the number of transactions for business-to-business magazines, compared to the first half of 2007. Deal value decreased 85% in 2008 from 2007 levels, as there was no transaction in this sector to offset VSS’s $1.1 billion acquisition of Advanstar in the first half of 2007.

* Consumer magazines also slowed significantly in the first half of 2008 in number of deals (down 38%) and value (down 82%), compared to the first half of 2007. In the first half of 2008, there were no transactions over $500 million in value, compared to Source Interlink’s $1.2 billion acquisition of Primedia’s Enthusiast Media group last year.

* The number of deals for the database and information services sector was up 29% in the first half of 2008. However, the first half of 2007 included Thomson’s $18+ billion acquisition of Reuters. Without this transaction, deal value for this sector would have nearly tripled in 2008 over 2007 levels.

* Half as many transactions occurred in the educational and professional publishing sector in the first half of 2008 versus the first half of 2007. 2008 includes JEGI’s sale of CQ Press to SAGE. However, total deal value was down considerably mainly due to the $7.75 billion acquisition of Thomson Learning by Apax Partners and Omers Capital Partners in the first half of 2007.

Stealing Education - Update

CHE has managed to interview the student behind the website Textbook Torrents. Mr Anonymous characterises his activities as 'civil disobedience' and he described his web site as

operating in a “legal gray area.” He said he is an undergraduate at a college outside of the United States, though he would not name the institution or country, and that he operates the Web site from there.

More here.

Following is the original post from earlier this week.


The Chronicle of Higher Education has an article on illegal text books scanning which strongly suggests the situation is getting worse and may soon be out of control. Publishers will be forced to revise their textbooks far more frequently in order to keep ahead of the scanners. That of course is a strategy that will only work for a limited time.

From the article:

One Web site, called Textbook Torrents, promises more than 5,000 textbooks for download in PDF format, complete with the original textbook layout and full-color illustrations. Users must simply set up a free account and download a free software program that uses a popular peer-to-peer system called BitTorrent.

"In any given two-week period we found from 60,000 files all the way up to 50,000 files," said Edward McCoyd, director of digital policy for the publishing association. Mr. McCoyd, who leads the Online Piracy Working Group, said the group has been performing periodic scans for piracy since 2001, and that it has seen a gradual increase in the number of titles available.

Ewww, There're All Old

I went to a book reading and signing last week. I don't go to these often but this was an author I really like and I took along some older titles for him to sign. The room at the Lincoln Center B&N was full - about 150 people - and I was the one of the youngest people in the room. Now, maybe at 7:30pm other younger people are out on the town or still at work but I think here in a microcosm is the publishers problem. All the readers of books are getting on a bit and there is less and less interest in the product from the younger generation. I don't believe this is news to most of us, what with the steady stream of official reports suggesting that reading books is going the way of the dodo and I wouldn't have thought the above worthy of comment except I saw the following news report from Variety.

According to a study released by Magna Global's Steve Sternberg, the five broadcast nets' average live median age (in other words, not including delayed DVR viewing) was 50 last season. That's the oldest ever since Sternberg started analyzing median age more than a decade ago -- and the first time the nets' median age was outside of the vaunted 18-49 demo. Fueling the graying of the networks: the rapid aging of ABC, NBC and Fox. The three nets continue to grow older, while CBS -- the oldest-skewing network -- has remained fairly steady. "The median ages of the broadcast networks keep rising, as traditional television is no longer necessarily the first screen for the younger set," Sternberg wrote.

I guess the news on CBS proves every cloud has a silver lining. Young people spend money and buy stuff. Why would anyone be trying to reach them via the networks. Are they smoke?

Millennials, Screenagers call them what you will are not bound by tradition or habit or convention. Those characteristics are not necessarily unique to new generations. It is the insertion of the power of personal choice into the mix - the ability to select from a far wider range of activities, options and/or content (with no diminution in quality or access) than was ever the case in years past - which has undercut the appeal of traditional media to the 'youth of today' (...said grandad).

In publishing, as I noted a few weeks ago, I think the traditional method of telling a story in book form is dead. It has no future. Telling stories has a future but the vehicle for that may be more a kin to the holodeck on the Enterprise than print on paper. For example, what if as an introduction to Shakespeare I get to read King Lear with Ian McKellen interactively on stage (and never leave my bedroom). What if I don't know who Ian is and decide Cordelia should be 'played' by Miley Cyrus. What if I decide to set up my own theater program and invite my friends to participate online/in game? All of this is going on now. Some of this content is the same as the stuff we struggled through in book form but not so the milennials. Question is where are the publishers?

Informa Bid Tops $4.3Billion

Informa announced this morning (via Reuters) they are considering a $4.3Bill private equity bid for the company from a consortium led by Providence Equity partners, The Carlyle Group and Hellman & Friedman. The bid is established at 506 pence per share and the Informa share price rose by 12% its largest gain in two years, however the current price (423 pence) is still far below the offer price. The company stressed that discussions are at an early stage and that there can be no certainty of a bid being accepted.

If this bid is successful it will be the largest PE play since the markets froze earlier this year. Analysts have suggested this deal has more likelihood of being completed because the company can be broken into its constituent parts and sold off relatively easily. This mitigates some of the inherent risk in the deal.