chrismooney’s posterous

Suit over secondhand smoke targets real estate broker

Boston.com THIS STORY HAS BEEN FORMATTED FOR EASY PRINTING

Suit over secondhand smoke targets real estate broker

Alyssa Burrage says she was smoked out of her new $405,000 condominium.

Burrage, a 32-year-old advertising company employee with a history of asthma, had smelled cigarettes when she first visited the bright, parlor-level condo in Boston’s South End in 2006 with her real estate broker. But the broker, she alleges, assured her that the owner must be a smoker and the stench would disappear.

After Burrage moved into the Milford Street brick row house, she says, she discovered the secondhand smoke was coming from one of two men living in the condo below. The men and the condo association refused to fix the problem, she adds, and she had to move out.

Today, in what tobacco law specialists call one of the first lawsuits of its kind to go to trial in Massachusetts, a jury is scheduled to decide whether Burrage’s real estate broker is liable for damages.

In recent years, there have been a handful of lawsuits over secondhand smoke in the state, including several disputes between tenants and landlords in Housing Court. But no one has ever won monetary damages in a case over smoking fumes, legal specialists say. If Burrage wins in Suffolk Superior Court, it could encourage similar litigation and open a new front in the battle over secondhand smoke.

Burrage, who has leased her condo out since she left the building in May 2008, says she dislikes confrontations and is hardly an antismoking crusader.

“I’m certainly not a person who’s on a soapbox saying people shouldn’t smoke,’’ she said in the Back Bay office of her lawyer. “But when it affects somebody else, that’s where the line needs to be drawn. It’s an awful thing to not be able to escape from something that’s hurting your health.’’

Neither the real estate broker, Joseph DeAngelo, nor his lawyer would comment on the case. In a joint court filing summarizing the case, DeAngelo and his employer, Gibson Sotheby’s International Realty, deny that Burrage questioned him about smoke in the condo.

“DeAngelo never made any misrepresentations, or any representations at all, concerning the source of the alleged smoke smell,’’ the broker’s lawyer, Jay S. Gregory of Boston, said in the filing.

Burrage also sued the two men in the downstairs condominium - Edward J. Allan, who owns the two-story garden-level apartment, and Michael Schofield, the smoker who has lived with Allan for 13 years - and the condominium association. All three defendants settled with Burrage out of court yesterday, according to Burrage’s lawyer, Colleen C. Cook. No details were available.

Earlier in the day, Schofield’s lawyer defended his client, saying that when the Massachusetts Legislature banned smoking in restaurants, bars, and other workplaces in 2004, it specified that it was still legal to smoke in one’s home.

“What Mr. Schofield has been doing, smoking in his home, is perfectly lawful,’’ said Henry A. Goodman, a Dedham lawyer.

Nonetheless, Schofield agreed to pay Burrage a settlement yesterday because it was less expensive to do that than to pay for his defense at trial, Goodman said.

The case against DeAngelo is expected to raise thorny questions about the rights of people to smoke inside their own apartments and the duties of real estate brokers to disclose accurate information about smoking to prospective buyers.

Burrage, a Brookline native, says she and her parents visited the condo several times before she bought it - the first home she ever owned. She loved its high ceilings, oversized windows, hardwood floors, and deck.

But she was concerned about the unmistakable stench of smoke, she said, and noticed that DeAngelo burned scented candles at an open house. DeAngelo assured her that with the renovations and painting Burrage had in mind, she alleges, the smell would disappear.

Burrage and her parents asked DeAngelo whether they could contact the seller of the condo or that woman’s broker, who also worked for Gibson Sotheby’s, to confirm that she was a smoker, Burrage said.

“He said he wouldn’t let us,’’ Burrage said. “He said that was his job.’’

Burrage moved into the condo in August 2006, after making what she said were about $45,000 in renovations. But the smell did not disappear, she said, and she soon found out that the smoke was coming from the condo below.

As the symptoms for her lifelong asthma worsened, Burrage says, she asked Schofield to smoke outside. She said he replied, “This is my own home.’’ She also asked Allan to hire a contractor to seal his unit, she said, but he refused.

Allan disputed that in the pretrial memorandum, saying he had a contractor seal areas where smoke could waft up to Burrage’s condo, bought an air purifier, and asked his roommate to smoke on the lower floor of the apartment.

The Environmental Health Office of the Boston Public Health Commission tested the air in Burrage’s apartment the month after she moved in. It detected nicotine in her condo and “a very high concentration’’ inside a laundry closet, according to a report in the court file.

Less than two years after she moved into the condo, Burrage said, she moved out.

Richard Daynard, chairman of Northeastern University’s Tobacco Products Liability Project, which tracks secondhand smoke litigation nationally, said Burrage’s suit could make condominium owners and associations fearful about being sued and might lead to more restrictions on smoking in such buildings.

The case comes as Mayor Thomas M. Menino of Boston is pushing to ban smoking at the city’s public housing projects. The Boston Housing Authority recently said 14 units in the Franklin Hill public housing development in Dorchester would be smoke free as part of a pilot program.

Jonathan Saltzman can be reached at jsaltzman@globe.com.  

© Copyright 2010 The New York Times Company
 

Loading mentions Retweet

Comments [0]

Publishers Win a Bout in E-Book Price Fight

 

With the impending arrival of digital books on the Apple iPad and feverish negotiations with Amazon.com over e-book prices, publishers have managed to take some control — at least temporarily — of how much consumers pay for their content.

Now, as publishers enter discussions with the Web giant Google about its plan to sell digital versions of new books direct to consumers, they have a little more leverage than just a few weeks ago — at least when it comes to determining how Google will pay publishers for those e-books and how much consumers will pay for them.

Google has been talking about entering the direct e-book market, through a program it calls Google Editions, for nearly a year. But in early discussions with publishers, Google had proposed giving them a 63 percent cut of the suggested retail price, and allowing consumers to print copies of the digital books and cut and paste segments. After Apple unveiled the iPad last month, publishers indicated that Apple would give them 70 percent of the consumer price, which publishers would set.

According to several publishers who have been talking to Google, the book companies had balked at what they saw as Google’s less generous terms, and basically viewed printing and cut-and-paste as deal breakers.

Now that both Apple and Amazon have agreed to terms more to the book companies’ liking, several publishers said that their conversations with Google have taken on a more flexible tone.

These publishers, who requested anonymity because their discussions with Google are confidential, said Google had relaxed its plans to allow customers to print or cut and paste.

“Google has always been open to working with publishers as part of Google Editions, in terms of supporting an open and competitive e-book market,” said Daniel Clancy, director of Google Books.

How e-books are sold — and for how much — has been a crucial topic of debate among publishers and retailers for the last two years, as digital books have taken off. Led by Amazon.com’s Kindle electronic reading device, the e-book market is growing at a fast clip, fueled partly by cheap digital editions. Amazon and several other retailers now offer new releases and best sellers for $9.99, far less than the typical $26 cover price on hardcovers.

Publishers have been fretting that such pricing has devalued books in the minds of consumers and have been looking for ways to regain control of what readers pay. When Apple unveiled its iPad, it said it had agreements with five of the country’s six largest publishers. Under those agreements, publishers would set e-book prices — within limits — so that new releases of most general fiction and nonfiction would sell for $12.99 to $14.99. Apple will act as an agent of the publishers — a set-up known in the publishing world as the agency model — and take a 30 percent cut of each sale, leaving the rest for publishers to split with authors.

In early negotiations, the 63 percent Google had been offering publishers was based on a wholesale model, but executives briefed on the discussions said that Google was now open to talking about an agency model and was also prepared to discuss paying publishers 70 percent of each sale.

Even Amazon has been forced to back off its $9.99 pricing in an agreement with Macmillan, one of the country’s six largest publishers. In a recent dust-up after Macmillan told Amazon it was moving to the 30 percent agency model with higher consumer pricing, Amazon removed direct access to Macmillan’s physical and electronic books from its site for a week. Amazon later surrendered to the publisher’s terms.

Google’s e-book retail program would be separate from the company’s class-action settlement with authors and publishers over its book-scanning project, under which Google has scanned more than seven million volumes — mostly out of print — from several university libraries. That settlement was recently imperiled by a filing from the Department of Justice that said it still had significant legal problems with the agreement, even after a round of revisions. The settlement is subject to court approval.

Google users can already search up to about 20 percent of the content of many new books that publishers have agreed to enroll in a search program. According to publishers, Google originally said it would automatically enroll any book sold through Google Editions in the search program. An executive from at least one of the six largest publishers said the company did not agree with those terms. Mr. Clancy said that Google would not require books sold through Google Editions to be part of the search program.

Last May Tom Turvey, director of strategic partnerships at Google, told publishers at the annual BookExpo convention in New York that Google’s program for selling new e-book editions would allow consumers to read books on any device with Internet access, including mobile phones, rather than being limited to dedicated reading devices like the Amazon Kindle.

Google, without its own e-reader, wants to be a Switzerland of sorts, competing with Barnes & Noble and other e-book sellers to become the preferred digital bookstore on devices other than the iPad or the Kindle, such as Android smart phones.

In general, publishers are eager for Google to enter the e-book market because they want more competition. “We would love to have a diverse marketplace for e-books,” said Maja Thomas, senior vice president for the digital division of Hachette Book Group, which publishes blockbuster authors like James Patterson and Stephenie Meyer. Since Google would contribute to such diversity, Ms. Thomas said, “we welcome them.”

If Google does enter the e-book market, it would be one of a handful of programs under which the company sells content directly to consumers. Google generates the majority of its revenue from ad sales on its search pages and on the Web sites of publishing partners. It is now charging for content through its YouTube unit, renting digital versions of independent films tied to the Sundance Film Festival.


 

Loading mentions Retweet

Comments [0]

Men and Terror Run Wild

Men and Terror Run Wild

 
Published: February 5, 2010

The blood that runs through the “Red Riding” trilogy — three movies based on four crime books by the British author David Peace — begins as a river that races and then rages until it floods this dank, dark, pitiless world in misery. By the time the third movie finishes, some half dozen young girls will have been murdered, along with more than a dozen women. Men will have died as well, tormented by other men wearing smiles and sneers, and wielding fists, drills, lighted cigarettes, the usual guns and even a rat that ends splattered against a wall.

That rat is a reminder that the first book in Mr. Peace’s “Red Riding” quartet, titled “Nineteen Seventy-Four,” is an explicit nod to George Orwell’s “Nineteen Eighty-Four” and its infamous rodent of terror. The title of Mr. Peace’s book and the quartet as a whole — the other titles are “Nineteen Seventy-Seven,” “Nineteen Eighty” and “Nineteen Eighty-Three” — work as an obvious point of connection with that Orwell masterpiece, though there are more similarities, notably an enveloping sense of dread and a criminal gang that maintains its grip on the population through sadistic violence, all faithfully reproduced in the movies. Throw Irish hunger strikers and Thatcherism into the mix and set the whole thing in Yorkshire, the northern county birthplace of certain puddings and terriers and apparently endless horror. Stir.

The trilogy was adapted by Tony Grisoni, who has contributed to a few films by Terry Gilliam, including “Fear and Loathing in Las Vegas,” and so has an acquaintance with excess. And the three movies, each directed by a different filmmaker for a combined 305 minutes, are nothing if not extreme: along with all the female corpses and the dead and wounded men, there are off-screen miscarriages, multiple instances of child abuse, intimations of incest, a firebombed house and several cremations, all shot from inside the chamber, no less, as if the camera were perched in the pyre. Shortly after the first film opens, the main character attends a wake. The second movie ends in a cemetery. There’s a wedding, but it looks like a downer.

Made for British television, the “Red Riding” trilogy is the latest in an estimable line of crime entertainments from across the pond, like the “Prime Suspect” cycle, with Helen Mirren as a supremely human detective, and the more recent mini-series “Five Days,” about a missing mother. The trilogy’s pulp-literary pedigree, one further buffed by several high-profile festival showings — last October it played in the New York Film Festival, where it was presented rather hopefully as “one of this year’s great cinematic events” — partly explains why it is being released in theaters in America. Starting on Friday, the movies will play back to back, with intermissions, for a week at the IFC Center in New York. Thereafter, they will be shown separately and also open elsewhere. (They’re already available on video on demand in some areas.)

Despite this unusual sendoff, the trilogy affords a fairly familiar immersion in contemporary British cinematic miserablism, where men and terror run wild, and beauty exists only in the cinematography and some of the performances. All else is horror. Certainly that’s true in the trilogy, which, starting with “Red Riding: 1974,” leaps into the void when a young Yorkshire journalist, Eddie Dunford (Andrew Garfield, not up to the leading-man task), realizes that the murder of a girl might be connected to a few earlier deaths, an insight that finds him first chasing after clues and then being chased in turn. The director Julian Jarrold shot the film in Super 16 millimeter, which gives the images atmospheric grit and swirling grain that, with the almost comically ubiquitous cigarette smoke, nicely thickens the air.

The second movie, “Red Riding: 1980,” glossed up with 35-millimeter film and directed by James Marsh with an elegant, self-conscious visual style at odds with the grunge milieu and desperate crimes — dead bodies are as attractively framed as some clouds reflected in a window — pivots on Peter Hunter (a solid Paddy Considine). An outsider brought into Yorkshire to conduct an internal review of the police investigation of the so-called (true life) Yorkshire Ripper murders, Hunter soon enough becomes the hunted. At the same time, a local detective, Maurice Jobson (David Morrissey), who appears in the background of the first movie, steps closer to the center, while a clergyman, Martin Laws (Peter Mullan), edges further into view. Both men become focal points in the final movie.

As the trilogy unwinds, the violence keeps the action hopping and you occasionally gagging, either in revulsion at its severity or at the tender, loving care with which it has been art directed. Meanwhile, some of the actors, notably Mark Addy, who plays a lawyer unkindly named Piggott in the third movie, and Rebecca Hall, who plays a grieving mother in the first, firmly hold your attention, which is striking, given that the story’s totalizing worldview doesn’t allow for much variation in human behavior. In a universe populated by victims and victimizers, there is screaming and shouting, but no joy, little laughter, barely any pleasure: when Piggott tells a joke, it proves more of a jolt than any death because it’s comparatively rare.

If the characters are generally deprived of life’s small and large pleasures, there is some enjoyment for the viewer, who can admire how different characters melt in and out of the trilogy, gaining and fading in importance, as supporting players in one movie become the star attractions in the next, and vice versa. A relatively minor player in the first film, for instance, a male hustler, B J (Robert Sheehan), steps forward in the second chapter only to jump into the spotlight in the third, becoming a force of change, an intermittent narrator and (weak) voice of conscience. Several members of the police force remain constants, including two professional sociopaths, Bob (an excellent, terrifying Sean Harris) and Tommy (Tony Mooney).

If you stick through to the end of the trilogy, you will be treated to further brutal displays, now in digital, as Anand Tucker, the director of the third movie, “Red Riding: 1983,” attempts to tie up the ragged ends through the combined efforts of B J, Maurice and Piggott, who each hurtle down to their own private hells via flurries of flashbacks. Although Mr. Tucker brings welcome warmth and unexpected humor to the series (thanks mainly to Mr. Addy), he stumbles badly when, after a teasing buildup, he reveals the marble-white body of a murdered girl who, while grossly disfigured, also looks as beautiful as a carved Della Robbia angel. The murderer has turned her ravaged body into an aesthetic exhibit, an assault Mr. Tucker mimics.

The “Red Riding” trilogy looks fine blown up on the big screen, though it’s easier to watch at home, where the remote offers fast relief from a grim fiction that, with its murky palette and unyielding cruelty, serves up a nihilistic vision that is unyielding, hermetic, unpersuasive and finally self-indulgent. What matters most in the books is Mr. Peace’s scatting prose and imaginative hijacking of real tragedies for his Grand Guignol fantasies, which brings to mind James Ellroy (“L.A. Confidential”), but danker and without the obvious glee that Mr. Ellroy takes in his own work. What matters in the movies are some of the performances and the slickly packaged sadism. Nothing else on screen is at stake, certainly not life or hope.

In 1940, a year after Britain declared war on Nazi Germany, Orwell wrote that ours was a “shrinking world” in which, the “ ‘democratic vistas’ have ended in barbed wire.” In the “Red Riding” movies that world has shrunk to the size of a pebble: it’s hard, unblemished by variation and very, very small. And the democratic vistas aren’t behind barbed wire: they’re nonexistent, which makes for entertaining nightmares but not dreams.

“There is less feeling of creation and growth,” Orwell continued, “less and less emphasis on the cradle, endlessly rocking, more and more emphasis on the teapot, endlessly stewing. To accept civilization as it is practically means accepting decay. It has ceased to be a strenuous attitude and become a passive attitude — even ‘decadent,’ if that word means anything.”

 

Loading mentions Retweet

Comments [0]

Giving Serial Killings Serial Treatment

The New York Times
This copy is for your personal, noncommercial use only. You can order presentation-ready copies for distribution to your colleagues, clients or customers here or use the "Reprints" tool that appears next to any article. Visit www.nytreprints.com for samples and additional information. Order a reprint of this article now.
Printer Friendly Format Sponsored By


January 31, 2010
FILM

Giving Serial Killings Serial Treatment

“IT’S getting dead murky, isn’t it?” says a detective in the “Red Riding” crime trilogy, a voyage into the decaying heart of Northern England in the 1970s and ’80s. This adaptation of three novels of the four-book series by the Yorkshire-born writer David Peace is an ambitious endeavor: it is shot by three directors, shares characters (though the protagonists shift) and mingles invention and fact. Like David Fincher’s 2007 serial-killer drama “Zodiac,” the “Red Riding” films are more about capturing an era than solving a mystery.

“Certain crimes allow you to examine a particular time and place,” Mr. Peace said when reached by telephone in West Yorkshire. He was speaking of the Yorkshire Ripper murders, in which a man named Peter Sutcliffe was jailed in 1981 for the deaths of 13 women over five years in Yorkshire and neighboring counties and whose crimes inspire the atmosphere and the events in Mr. Peace’s books and their three-part adaptation.

“What I was trying to figure out,” Mr. Peace continued, “was why did this happen here, and was there something in the way we behaved that made us somehow culpable? Or were we very unfortunate, that here was this evil man?”

The “Red Riding” trilogy, which opens Friday at the IFC Center but had its premiere last March on British television, conjures life in a benighted world of corrupt police and missing children, of weird secrets and guilt-ridden romance.

Eddie Dunford, the brash, callow reporter played by Andrew Garfield in the first of the three films, “Red Riding: 1974,” is only the first to question the established disorder. In the second, “Red Riding: 1980,” a detective (Paddy Considine) from Manchester is assigned to review the Ripper investigation, while “1983” tracks a feckless lawyer (Mark Addy) and a wavering cop (David Morrissey) in the aftermath.

The hellish experiences of these four characters are rendered through an unusual experiment in comparative style: each picture had its own director. Julian Jarrold, who shot “1974” on Super 16, creates a twisted noir and fuguelike atmosphere to depict Dunford’s investigation and doomed romance with a victim’s mother (Rebecca Hall).

On the telephone from London Mr. Jarrold, who also adapted “Brideshead Revisited” and “Crime and Punishment,” said that for one shot he told his director of photography “to come back with a ‘Lost Highway’ shot,” referring to David Lynch’s twisted and textured 1997 film.

Shot in Leeds, “1974” and its follow-ups delve into the notoriety of “the North” against a backdrop of block houses, humble sitting rooms, nuclear power plants, offices and pubs. The Northern creed and manner — tough and often humorously blunt — are epitomized in the films by the police and their allies. (According to the films’ screenwriter, Tony Grisoni, it’s all analogous to “what Jacobean English dramatists thought of Sicily.”)

The casts’ British stalwarts include Warren Clarke (once a droog in “A Clockwork Orange”) as a stonewalling police chief, Sean Bean as a cocksure developer, and Mr. Morrissey (who played Gordon Brown in “The Deal”).

“In Northern England it was quite grim, quite hard,” said Mr. Morrissey, who grew up in Liverpool in the ’70s. “There was a very white, working-class male world, which was very insular, and it was a very violent place.”

Mr. Morrissey, who stars in “1983” but appears in all three films, recalled the specter that seemed to hang over those years: “There was a sense that one world was closing and the other one was not ready to open.”

Because of budgetary restraints (all three films were done for a lean $9 million), the book that deals most directly with the Ripper, “Nineteen Seventy-Seven” was not filmed. But the haunting presence of the crimes feeds into the dread of “Red Riding: 1980,” which focuses on Peter Hunter (Mr. Considine), a Manchester detective who is investigating the local handling of the case. A creeping paranoia becomes the film’s dominant mood as Hunter’s inquiry is thwarted through misdirection and violence; meager solace comes from a wistful affair with a colleague.

Seeking to offset the nebulous threats working against the protagonist, the director, James Marsh, chose a clean, wide-screen look for this involuted middle story, shooting on 35 millimeter.

“I felt that Peter’s character was a very straight arrow, and I wanted the film to be really clear,” Mr. Marsh said in an interview in Manhattan.

Mr. Marsh is best known for the Oscar-winning documentary “Man on Wire,” but he also made “Wisconsin Death Trip,” which examined a Midwest town struck by myriad tragedies at the end of the 19th century. His “Red Riding” opens with an audiovisual overture of actual and fabricated radio and television reports of the crimes combined with recreated photos of victims.

(Mr. Peace, 43, who came of age at the height of the investigation into the Yorkshire murders, recalls the efforts to solicit the help of ordinary citizens: “They set up temporary sheds in every bus station where you could go in and listen to tape recordings of what they thought was the Ripper’s voice.”)

The unsolved killings in “Red Riding” and the portrait of Northern masculinity, brutality and corruption suggest a terrible sins-of-the-father burden borne by a beleaguered society. The full scope of the institutional rot always seems just out of reach, as if — in Mr. Grisoni words — “you’re seeing a tiny fraction, in the same way a child would.”

For the conclusion of the grim saga, “1983,” its director, Anand Tucker, used a Red One digital camera and introduces golden sunshine and a lighter touch. But horrific secrets still emerge in this story about a struggling lawyer (Mr. Addy) and a police officer (Mr. Morrissey), who grows shocked by the unsavory sides of his colleague’s extracurricular endeavors.

“I wanted an anti-noir, a light noir,” said Mr. Tucker, who made the homicide-free “Shopgirl” and “Leap Year.” “It’s two characters struggling to find the light, to find some hope or redemption.”

Taken together these varied visual formats and the ambitious historical canvas lend a cinematic scope that belies the trilogy’s original broadcast in three installments on Channel 4 in Britain. Andrew Eaton, its producer for Revolution Films, confirmed in an interview that theatrical distribution was always their ambition. For the American release IFC Films plans, at least initially, to release all 305 minutes of the films as “Red Riding: Special Roadshow Edition” with two intermissions, though they will also be available individually through video-on-demand.

The trilogy has already found interest from the director Ridley Scott for an American remake, which sounds like an unusual bit of cultural transposition until you learn that Mr. Peace himself wrote the source novels while abroad. From 1994 until recently he lived in Japan and taught English while writing.

Some inspiration for his “Red Riding” quartet came from the case of child killer Tsutomu Miyazaki, who was sentenced in 1997 and later executed for a series of grotesque murders, and Mr. Peace also recalls going to “Se7en” and “Zodiac” during his stay. It was also in Japan that he wrote other North-set novels, including “The Damned United”(which was adapted for film last fall) and “GB84” (awaiting production).

“I wrote six books, all about West Yorkshire,” Mr. Peace said, who has since returned to his storied hometown to be close to family. “It must have been a kind of homesickness. Although the West Yorkshire tourist board are not as proud of the Red Riding books.”


 

Loading mentions Retweet

Comments [0]

To Deliver, iPad Needs Media Deals

The New York Times
This copy is for your personal, noncommercial use only. You can order presentation-ready copies for distribution to your colleagues, clients or customers here or use the "Reprints" tool that appears next to any article. Visit www.nytreprints.com for samples and additional information. Order a reprint of this article now.
Printer Friendly Format Sponsored By


February 1, 2010
THE MEDIA EQUATION

To Deliver, iPad Needs Media Deals

Short of landing in a flying saucer and having a tablet teleported into his hands, there was no way that Steve Jobs could have lived up to the hype before last Wednesday’s iPadannouncement.

But he came pretty close. By the time the bells, whooshes and clicks died down, I couldn’t say the future had arrived, but I’m pretty sure we can see it from here.

“It was like someone came back from five years into the future and handed this to us,” said John Gruber of Daring Fireball, a respected tech blog.

The iPad’s promise was hinted at before Mr. Jobs hit the stage. The set was dominated by a large, comfy chair. Since the birth of the personal computer, we have been hunched over, squinting at screens — great big terminals, laptop displays, tiny screens on PDAs. With the iPad, the screen has come to us as we lean back in ease.

Critics who suggested that Apple unveiled little more than an iPhone that won’t fit in your pocket don’t seem to understand that by scaling the iPhone experience, the iPad becomes a different species. Media companies now have a new platform that presents content in an intimate way.

“Looking at it through the lens of whether or not it has new features and applications misses the point,” said Craig Moffett, an analyst at Bernstein Research. “It is nine times larger than an iPhone, and that is fundamentally a new application.”

That application isn’t work, not without a keyboard (touch-typing with all fingers on a virtual keyboard is miserable) or a camera. This is a device for consuming media, not creating it. So are the media providers ready to deliver?

Yes and, sadly, no. The iPad’s glories as a media consumption device open up a whole new frontier for developers and publishers. But they also raise large questions about the business models that will drive that content to the screen.

For gaming, the iPad manages to be both a remarkable display device and a large, engaging controller, and the App Store from the iPhone should accommodate a new generation of games played on a bigger field. But when it comes to other dynamic media like television and movies, the iPad is running into the familiar trouble.

Apple has limited agreements with movie studios, so movies received very little play last Wednesday. The movie “Up,” a fancy piece of software produced by Pixar, looked great during the presentation, but most studios have yet to come to terms with how their work will be monetized and displayed on the iPad.

The iPad won’t play Flash, the Adobe software which powers a great deal of animation and interactivity on the Web, so for the time being, iPad’s utility as a surfing device is significantly compromised. You can’t, for example, watch Hulu, the popular site that offers a free buffet of network TV shows.

Apple and many others have problems with Adobe’s Flash because they don’t control it, but it also means that people who want to see those shows on their iPad will have to pay for them on iTunes rather than watch them free on Hulu. (And according to The Financial Times, just before Apple introduced the iPad, the company pressed television studios to cut the iTunes prices for their programs in half.)

Of all media, books had the most real estate in the presentation — with good reason. The reading interface on the iPad is almost as sexy as the gaming, with no waiting for e-ink or pages to load. Readers can literally page through books in an interface that replicates the tactile romance of reading. And the forthcoming iBooks marketplace means that Amazon no longer has absolute authority on the price of electronic books (an authority Amazon tried to impose on Friday by refusing to sell books from Macmillan after the publisher insisted on pricing similar to the iPad; Amazon backed down Sunday night, saying it would “capitulate and accept Macmillan’s terms.”)

But the book industry seems ill-prepared to take advantage of many of the new worlds the iPad opens up. Although five of the top six publishers signed on, there was little indication that they would use some of the muscle the device displays. Readers on the iPad should certainly expect that when they buy a cookbook, building in cooking demos would be a no-brainer, but it may be a long while before the industry has the ability to produce books that incorporate multimedia.

Newspapers and magazines will have far less trouble changing the wheels on the car as it goes flying down new roads. Martin A. Nisenholtz, senior vice president for digital operations at The New York Times, took a turn on the Apple stage with a demonstration that displayed the new flexibility and range of the iPad.

But many people could not help but notice that no magazine companies were involved in Wednesday’s presentation. “I saw iBooks today, but no iMagazine,” said Sara Ohrvall of Sweden’s Bonnier Corporation, which owns a number of American magazines. And many magazine companies have been working on prototype applications for a device that would seem to be a dream come true.

Writing on the Pentagram blog, the designer Luke Hayman said the iPad will “revolutionize the way we read magazines.” (Tell that to Condé Nast, which just put the finishing touches on a prototype of a gorgeous digital magazine — in Flash.)

But there’s a sticking point here, too. The consumer side of both newspapers and magazines is in the database business, trying to expand their base of credit cards and information about consumers. In a world of applications, a share of the revenue will go to publishers, but the information about customers mostly belongs to Apple. The big question for publishers is, will Apple allow them to develop their own relationship with the consumer?

Despite that doubt, Terry McDonell, editor of Sports Illustrated, liked what he saw, in part because the product that was unveiled fit nicely with a prototype that the magazine has developed.

“I saw the Mac demo’ed by Steve Jobs in 1984 in the offices of Newsweek, and I knew at the moment it was going to change everything because of its capabilities for desktop publishing,” he said. “I felt the same way watching this presentation. There are huge potential gains for us here.”

Even as business models have yet to evolve, the iPad is clearly a next-generation media consumption device. The iPad is less gadget than pure frame on content. During the hands-on demo, I was so intent on what was on the screen that I all but forgot I was holding a piece of technology.

A lot of things are clearer in this gorgeous new environment, except that part about turning the iPad into a cash register for media companies.


 

Loading mentions Retweet

Comments [0]

Publisher Wins Fight With Amazon Over E-Books

The New York Times
This copy is for your personal, noncommercial use only. You can order presentation-ready copies for distribution to your colleagues, clients or customers here or use the "Reprints" tool that appears next to any article. Visit www.nytreprints.com for samples and additional information. Order a reprint of this article now.
Printer Friendly Format Sponsored By


February 1, 2010

Publisher Wins Fight With Amazon Over E-Books

After a weekend of brinksmanship, Amazon.com on Sunday surrendered to a publisher and agreed to raise prices on some electronic books.

Amazon shocked the publishing world late last week by removing direct access to the Kindle editions as well as printed books from Macmillan, one of the country’s six largest publishers, which had said it planned to begin setting higher consumer prices for e-books. Until now, Amazon has set e-book prices itself, with $9.99 as the default for new releases and best sellers.

But in a statement Sunday afternoon, Amazon said it would accept Macmillan’s decision.

On Friday, Amazon removed “buy” buttons from thousands of titles published by Macmillan, including recent best sellers like “Wolf Hall” by Hilary Mantel and “The Gathering Storm,” by Robert Jordan and Brandon Sanderson. Customers who wanted to buy print editions could do so only from third-party sellers. Digital editions made for Amazon’s Kindle device disappeared.

In a strongly worded message on its Web site on Sunday, Amazon said that while it disagreed with Macmillan’s stance, it would bow to the publisher’s plan.

“We have expressed our strong disagreement and the seriousness of our disagreement by temporarily ceasing the sale of all Macmillan titles,” Amazon said. “We want you to know that ultimately, however, we will have to capitulate and accept Macmillan’s terms because Macmillan has a monopoly over their own titles, and we will want to offer them to you even at prices we believe are needlessly high for e-books.”

The face-off had set the already anxious publishing industry on edge. “I think everyone thought they were witnessing a knife fight,” said Sloan Harris, co-director of the literary department at International Creative Management. “And it looks like we’ve gone to the nukes.”

As of Sunday evening, the “buy” buttons had not yet been restored to Macmillan titles on Amazon. In a statement to Publishers Marketplace, an online industry newsletter, John Sargent, chief executive of Macmillan, said: “We are in discussions with Amazon on how best to resolve our differences. They are now, have been, and I suspect always will be one of our most valued customers.”

Under Macmillan’s new terms, which take effect at the beginning of March, the publisher will set the consumer price of each book and the online retailer will serve as an agent and take a 30 percent commission. E-book editions of most newly released adult general fiction and nonfiction will cost $12.99 to $14.99.

Those terms mirror conditions that five of the six largest publishers — Hachette Book Group, HarperCollins Publishers, Macmillan, Penguin Group and Simon & Schuster — agreed to with Apple last week for e-books sold via the iBookstore for the iPad.

For more than a year, publishers have been fretting about the price of digital books, which Amazon, as the dominant player in the fast-growing market, had effectively been able to set.

Last Thursday, Mr. Sargent flew to Seattle to explain the pricing and new sales model to Amazon. He said Amazon could continue to buy e-books on the same terms it does now — allowing the retailer to set consumer prices — but that the publisher would delay the release of all digital editions by several months after the hardcover publication.

Amazon buys and resells e-books in the same way it handles printed books, by paying publishers a wholesale price that is generally equivalent to half the list price of a print edition. Because Amazon has discounted the price of most new and popular e-books on its Kindle e-reader to $9.99, it loses money on most of those sales.

Amazon’s goal has been strategic: it aims to establish a low price for e-books that will have the ancillary benefit of helping it sell more Kindle devices.

Amazon’s decision is also a victory for Apple’s chief executive, Steven P. Jobs, who first pitched the idea of selling e-books under the agency model to book publishers earlier this year. Now Apple, whose iPad tablet is due in March, can compete on fairly equal footing with Amazon.

Book publishers, meanwhile, are volunteering to limit their digital profits. In the model that Amazon prefers, publishers typically collect $12.50 to $17.50 for new e-books. Under the new agency model, publishers will typically make $9 to $10.50 on new digital editions.

Apple’s stance in allowing publishers to set their own e-book prices (albeit within a limited range) is also a bit of a reversal. That is precisely the kind of arrangement it declined to offer TV networks and music labels, which have long railed against the 99-cent price of songs in iTunes.

Analysts say Amazon, which accounts for 15 to 20 percent of domestic book sales, probably realized it could not compete with Apple if it wasn’t offering the same range of content. “Amazon figured out pretty quickly that this was a battle they could not win,” said Mike Shatzkin, the chief of the Idea Logical Company, a consultant to publishers.

Amazon may still hope to play one asset to its advantage. Loyal Kindle users routinely give low ratings to books they perceive as too costly, or whose digital editions are delayed past the publication of the hardcover edition. These consumers could ostensibly reject costlier e-books.

An earlier version of this article misstated Brandon Sanderson's given name as Brad.


 

Loading mentions Retweet

Comments [0]

NYT: Books on iPad

Books on iPad Offer Publishers a Pricing Edge

With a few notable exceptions, the print world welcomed Apple’s new iPad on Wednesday, eager to tap into the 125 million customers who already have iTunes accounts and are predisposed to buying more content from Apple.

“We have learned that it is never wise to stand between a consumer and a preference” for how they get their content, said John Makinson, chief executive of Penguin Group, the book publisher.

The iPad may offer an even more attractive prospect: the chance to reset the downward spiral in e-book prices.

When Steven P. Jobs announced the new iBooks app, he said five of the six largest publishers — Hachette Book Group, HarperCollins Publishers, Macmillan, Penguin and Simon & Schuster— had signed on to provide e-book content for the new tablet.

In negotiations with Apple, publishers agreed to a business model that gives them more power over the price that customers pay for e-books. Publishers had all but lost that power on Amazon.com’s Kindle e-reader.

With Apple, under a formula that tethers the maximum e-book price to the print price on the same book, publishers will be able to charge $12.99 to $14.99 for most general fiction and nonfiction titles — higher than the common $9.99 price that Amazon had effectively set for new releases and best sellers. Apple will keep 30 percent of each sale, and publishers will take 70 percent.

One book publisher did not sign on to the iPad: Random House, the world’s largest publisher of trade books. Stuart Applebaum, a Random House spokesman, said the company would “look forward to our continuing conversations” with Apple.

In the short term, authors and publishers will most likely earn less from book sales on the iPad. On the Kindle, Amazon subsidizes the $9.99 price by paying publishers a higher wholesale price equivalent to what booksellers typically pay for print editions. But publishers were concerned that Amazon, as the dominant player, would eventually demand lower digital wholesale prices.

The agreement with Apple gives publishers leverage to negotiate with Amazon on future pricing.

Publishers acknowledge that digital content should be priced lower than the print content. “We listened to what consumers have said,” said Carolyn Reidy, chief executive of Simon & Schuster.

Amazon and others are likely to continue selling e-books through the Apple app store even after the iBooks app arrives. No publisher wanted to discuss publicly what would happen if Amazon and others continued to charge $9.99 for new releases. But once Apple begins selling e-books at a higher price, publishers could withhold titles if Amazon continues to discount books to $9.99.

Antitrust attorneys suggested there could be legal complications if Amazon claimed that publishers were colluding to set prices, or dictating prices to retailers, which is illegal under a 2007 Supreme Court decision.

Newspapers had mixed reactions to the iPad. Martin A. Nisenholtz, senior vice president for digital operations of The New York Times Company, said the combination of iPad and app “joins the best of print with the best of digital.”

The Times has not struck any deals with Apple yet, making it too soon to say whether the newspaper would charge for the app or solicit subscriptions on the iPad.

But Christian A. Hendricks, the vice president for interactive media at McClatchy, which publishes The Miami Herald and The Kansas City Star, said, “We haven’t seen tremendous interest as far as demand for newspaper subscriptions on it.”

Loading mentions Retweet

Comments [0]

Our Boredom, Ourselves

From today's NY Times, great Article.

ESSAY

Our Boredom, Ourselves

If you read a lot of book reviews, there are certain words that tend to crop up with comforting, or maybe it’s dismaying, regularity. Lyrical. Compelling. Moving. Intriguing. Absorbing. Frustrating. Uneven. Disappointing. But there is one word you seldom encounter: boring. It occurred a mere 19 times in the Book Review in 2009, and rarely as a direct description of the book under review.

This isn’t because books sent out to reviewers never turn out to be boring. (Trust me on this one.) Rather, boredom — unlike its equally bland smiley-faced twin, interest — is something professional readers, who are expected to keep things lively, would rather not admit to, for fear of being scolded and sent back to the Weekly Reader. As a general state of mind, boredom is morally suspect, threatening to shine its dull light back on the person who invokes it. “The only horrible thing in the world is 

ennui
,” Oscar Wildeonce wrote, suggesting that boredom doesn’t feel much better in French. “That is the one sin for which there is no forgiveness.”

And yet boredom is woven into the very fabric of the literary enterprise. We read, and write, in large part to avoid it. At the same time, few experiences carry more risk of active boredom than picking up a book. Boring people can, paradoxically, prove interesting. As they prattle on, you step back mentally and start to catalog the irritating timbre of the offending voice, the reliance on cliché, the almost comic repetitiousness — in short, you begin constructing a story. But a boring book, especially a boring novel, is just boring. A library is an enormous repository of information, entertainment, the best that has been thought and said. It is also probably the densest concentration of potential boredom on earth.

Boredom, like the modern novel, was born in the 18th century, and came into full flower in the 19th. The Oxford English Dictionary’s first recorded use of “to bore” dates to a 1768 letter by the Earl of Carlisle, mentioning his “Newmarket friends, who are to be bored by these Frenchmen.” “Bores,” meaning boring things, arrived soon after, followed by human bores. By the time of the O.E.D.’s first citation of the noun “boredom” in 1852, in Dickens’s “Bleak House” (where it occurs six times by my count), everyone, or at least everyone in the novel-reading middle classes, seemed to be bored, or worried about becoming bored.

Boredom, scholars argue, was something new, different from the dullness, lassitude and tedium people had no doubt been experiencing for centuries. In her ingenious study“Boredom: The Literary History of a State of Mind” (1995), Patricia Meyer Spacks describes it as a luxury — and a peril — born of the Industrial Revolution, reflecting the rise of individualism, leisure (especially female leisure) and the idea of happiness as a right and a daunting personal responsibility. “Boredom presents itself as a trivial emotion that can trivialize the world,” Spacks writes. “It implies an embracing sense of irritation and unease. It reflects a state of affairs in which the individual is assigned ever more importance and ever less power.”

In Saul Bellow’s “Humboldt’s Gift,” the narrator — a writer who spends the “final Eisenhower years” trying to write the definitive treatise on boredom — describes it as “a kind of pain caused by unused powers, the pain of wasted possibilities or talents, . . . accompanied by expectations of the optimum utilization of capacities.” But boredom may itself be a highly useful human capacity, at least according to some psychologists and neuroscientists, who have begun examining it not just as an accomplice to depression and addiction but as an important source of creativity, well-being and our very sense of self.

Researchers have discovered that when people are conscious but doing nothing — for example, lying in an f.M.R.I. scanner, waiting to be given some simple mental task as part of a psychology experiment — the brain is in fact firing away, with 

greater 
activity in regions responsible for recalling autobiographical memory, imagining the thoughts and feelings of others, and conjuring hypothetical events: the literary areas of the brain, you might say. When this so-called default mode network is activated, the brain uses only about 5 percent less energy than it does when engaged in basic tasks. But that discrepancy may explain why time seems to pass more slowly at such moments. It may also explain the agitated restlessness that compels the bored to seek relief in doodling or daydreaming.

It’s common to decry our collective thaasophobia, or fear of boredom, manifested in our addiction to iPhone apps, the cable news crawl and ever mutating varieties of multitasking. One cellphone company has even promoted the idea of “microboredom,” which refers to those moments of inactivity that occur when we’re, say, stuck waiting in line for a latte without our BlackBerry. But novelists, for all their own fears of being dismissed as boring, continue to offer some bold resistance to the broader culture’s zero-tolerance boredom eradication program.

In April 2011, the limits of literary boredom will be tested when Little, Brown & Company publishes “The Pale King,” David Foster Wallace’s novel, found unfinished after his suicide in 2008, about the inner lives of number-crunching I.R.S. agents. An excerpt that appeared last year in The New Yorker depicts a universe of microboredom gone macro: “He did another return; again the math squared and there were no itemizations on 32 and the printout’s numbers for W-2 and 1099 and Forms 2440 and 2441 appeared to square, and he filled out his codes for the middle tray’s 402 and signed his name and ID number. . . .”

For all the mundanity of its subject matter, the excerpt presents boredom as something more strenuous and exalted than the friendly helper depicted by the neuroscientists, keeping our minds revved up even when we think we’re idling. Boredom isn’t just good for your brain. It’s good for your soul. “Bliss — a second-by- second joy and gratitude at the gift of being alive, conscious — lies on the other side of crushing, crushing boredom,” Wallace wrote in a note left with the manuscript. “Pay close attention to the most tedious thing you can find (Tax Returns, Televised Golf) and, in waves, a boredom like you’ve never known will wash over you and just about kill you. Ride these out, and it’s like stepping from black and white into color. Like water after days in the desert. Instant bliss in every atom.”

It remains to be seen whether “The Pale King” will break through to the ecstasy beyond boredom, or just put readers to sleep. (Or perhaps cause serial brain injury, like the unreadably dense experimental novel that keeps laying waste to readers in “The Information,” by Martin Amis.) But if Wallace’s last work turns out to be unbearably dull, perhaps we should be grateful. After all, if it weren’t for all the boring books in the world, why would anyone feel the need to try to write more interesting ones?

Jennifer Schuessler is an editor at the Book Review.

Loading mentions Retweet

Comments [0]

With Kindle, the Best Sellers Don't Need to Sell

With Kindle, the Best Sellers Don’t Need to Sell

Here’s a riddle: How do you make your book a best seller on the Kindle?

Answer: Give copies away.

That’s right. More than half of the “best-selling” e-books on the Kindle, Amazon.com’s e-reader, are available at no charge.

Although some of the titles are digital versions of books in the public domain — like Jane Austen’s “Pride and Prejudice” — many are by authors still trying to make a living from their work.

Earlier this week, for example, the No. 1 and 2 spots on Kindle’s best-seller list were taken by “Cape Refuge” and “Southern Storm,” both novels by Terri Blackstock, a writer of Christian thrillers. The Kindle price: $0. Until the end of the month, Ms. Blackstock’s publisher, Zondervan, a division of HarperCollins Publishers, is offering readers the opportunity to download the books free to the Kindle or to the Kindle apps on their iPhone or in Windows.

Publishers including Harlequin, Random House and Scholastic are offering free versions of digital books to AmazonBarnes & Noble and other e-retailers, as well as on author Web sites, as a way of allowing readers to try out the work of unfamiliar writers. The hope is that customers who like what they read will go on to obtain another title for money.

“Giving people a sample is a great way to hook people and encourage them to buy more,” said Suzanne Murphy, group publisher of Scholastic Trade Publishing, which offered free downloads of “Suite Scarlett,” a young-adult novel by Maureen Johnson, for three weeks in the hopes of building buzz for the next book in the series, “Scarlett Fever,” out in hardcover on Feb. 1. The book went as high as No. 3 on Amazon’s Kindle best-seller list.

The digital giveaways come as publishers are panicking about price pressure on e-books in general. Amazon and other online retailers have set $9.99 as the putative e-book price for new releases and best sellers, and publishers worry that such pricing ultimately creates expectations among consumers that new books are no longer worth, say, $25 (the average list price of a new hardcover), or even $13 (a standard list price for trade paperbacks).

Some publishers have tried to take control of pricing by delaying the publication of certain e-books for several months after the books are made available in hardcover.

Executives at some houses said that given such actions, offering free content amounts to industry hypocrisy.

“At a time when we are resisting the $9.99 price of e-books,” said David Young, chief executive of Hachette Book Group, the publisher of James Patterson and Stephenie Meyer, “it is illogical to give books away for free.”

Similarly, a spokesman for Penguin Group USA said: “Penguin has not and does not give away books for free. We feel that the value of the book is too important to do that.”

But some publishers regard free digital books as purely promotional, in the same vein as the free galleys they distribute to booksellers and reviewers to create attention and word-of-mouth buzz for an author.

“Most people purchase stuff because somebody has recommended the title,” said Steve Sammons, executive vice president for consumer engagement at Zondervan.

Neither Amazon nor other e-book retailers make any money on these giveaways either. But it is a way of luring customers to their e-reading devices.

Free e-books are also a way of distinguishing a less-well-known author from the marketing juggernauts of the most popular books.

“You have to show people things because there’s a lot of competition,” said Ms. Johnson, the author of “Suite Scarlett” and seven other books. “If they go into a store, they are going to see 4,000 books with Robert Pattinson’s face on it,” she added, referring to movie-tie-in versions of Ms. Meyer’s “Twilight” series. “Then my book will be buried under them.”

And if a free e-book rises to the top of the Kindle best-seller list — or Barnes & Noble’s ranked list of free e-books — it automatically gives an author more visibility.

“When you push to No. 1 of any best-seller list, that in itself seems to beget publicity,” said Brandilyn Collins, who writes suspense novels with Christian themes and whose novels “Exposure” and “Dark Pursuit” were No. 1 and 2 on the Kindle best-seller list earlier this month and remain in the Top 10 (and are still available free).

Most of the giveaways are of older titles by an author, with the idea that reading them will convert new fans who will go on to buy more recently released books. Even if only a small percentage of those who download a free book end up buying another one, “that’s all found money,” said Steve Oates, vice president for marketing at Bethany House Publishers, a unit of Baker Publishing Group, whose authors Beverly Lewis and Tracie Peterson had free titles on the Kindle best-seller list this week.

Samhain Publishing, a publisher of romance and erotica, has offered a free e-book title every two weeks for more than a year. Christina Brashear, its publisher, said that the giveaways have led to a noticeable bump in sales.

In October, the most recent month for which she has statistics, Ms. Brashear said Samhain offered free digital versions of “Giving Chase,” a romance novel by Lauren Dane, leading to 26,897 downloads.

But paid purchases of some of Ms. Dane’s other novels jumped exponentially. Her earlier novel “Chased,” which sold 97 copies in September, sold 2,666 digital units in October, and another of her previous books, “Taking Chase,” which sold 119 copies in September, sold 3,279 in the month in which a free download was available.

With e-books still representing about 5 percent of the total book market, data on the effect of digital giveaways is still inconclusive. Brian O’Leary, a principal at Magellan Media Consulting Partners, which advises publishers, said that while it appeared that free downloads led to an uptick in actual book buying, there was a risk that free reading could eventually “supplant paid reading.”

Indeed, said Brian Murray, chief executive of HarperCollins, “free is not a business model.”

Authors are torn between wanting to experiment with new formats and wanting to protect their income. Charlie Huston, the author of the Henry Thompson crime trilogy and a series of books about Joe Pitt, a vampire detective, said that “the part of me that grew up in a union household” still feels as if he were occasionally undermining himself by sanctioning digital giveaways by his publisher, Random House.

But, he said, “I guess my attitude right now is that I can be afraid of what’s coming or I can try and aggressively embrace it in some form.”

And in some cases, the free e-books work. Pamela Deron, a 29-year-old administrative assistant in Florida, said she downloaded a free edition of “Already Dead,” the first in the Joe Pitt series, onto her Kindle this month.

“There are so many authors out there that fall into obscurity,” Ms. Deron wrote in an e-mail message. “Simply no one knows of them, and some readers are hesitant buying an author they never heard of. Free books allow you to experience the writer as a whole, not just a small tidbit.”

She added: “Fifty dollars later, I have the entire Joe Pitt series.”

Loading mentions Retweet

Comments [0]

James Patterson, Inc.

Interesting article about James Patterson to appear in this week's NY Times magazine.  You can read it here:

http://www.nytimes.com/2010/01/24/magazine/24patterson-t.html?ref=books

Loading mentions Retweet

Comments [0]