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NEWS | Laissez Faire Books Launches the Laissez Faire Club Thumbnail

Laissez Faire Books

Laissez Faire Books (LFB) is a seminal libertarian institution that dates back to 1972, six years before I was born. In its heyday, it played a central role in the libertarian movement as the largest libertarian bookseller, a publisher of libertarian books, and an old-school social network, hosting social gatherings and other events. This was before my time.

I’d never bought a book from LFB until yesterday (the 19th). By the time I became a libertarian in my undergraduate years at Louisiana State University, after reading the work of Ayn Rand (starting with The Fountainhead) at the urging of a friend, I was able to learn about libertarianism and Austrian economics from a large and growing sea of resources online. I bought books from Amazon and the Ludwig von Mises Institute (LvMI), read online articles and blogs, and took advantage of the growing library of digitized books and other media put online and hosted by the LvMI.

Laizzez Faire Books was fading into irrelevancy and, I think, in danger of being shuttered for good as it was passed from new owner to new owner. Enter Agora Financial, the latest owner of LFB, and hopefully the organization that will oversee its resuscitation and return to relevancy. With Jeffrey Tucker at the helm as executive editor, the prospects for profitability, innovation, and spreading the message of liberty are exciting indeed.

Many, if not most, of you know Jeffrey Tucker as the editorial vice president who led the LvMI into the digital age, building it into the open-source juggernaut with a vast online and free library of liberty and a thriving community that it is today. We were sad to see him leave that beloved institution, but eager to see what he would do in charge of a for-profit publisher and bookstore. Now we’ve been given the first taste.

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Book Publishing's Real Nemesis

Book Publishing’s Real Nemesis

Book Publishing's Real Nemesis
Book Publishing's Real Nemesis

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Government Failure by Gordon Tullock, Arthur Seldon, and Gordon L. Brady
Government Failure by Gordon Tullock, Arthur Seldon, and Gordon L. Brady

Michael Stackpole, a traditionally published author who was one of the early champions of self-publishing ebooks, has an interesting post analyzing the settlement agreed to by three of the Big Six publishers — Hachette, HarperCollins, and Simon & Schuster — involved in the alleged ebook price fixing flap. If he’s right, the Department of Justice is going to be imposing more injustice than just preventing a little self-destructive collusive fixing of high prices. This is yet another among so many many many examples of the state stepping in to prevent something only to impose that very thing itself. Yes, it looks like the DoJ is going to prevent price fixing of one sort only to impose its own brand of price fixing. But hey, it’s only a bad thing when non-state entities do it, right?

Here is Stackpole’s breakdown of the settlement  provisions:

  1. For a period of two years,
  2. Publishers will not be able to set a restricted retail price for their product.
  3. Retailers will be able to set their own price for an ebook, but they cannot discount the bookbelow their own discount. (In short, the retailer cannot sell ebooks at a loss.)
  4. Publishers cannot “retaliate” against retailers during this time.
  5. The “favored nation” status that prevented a publisher from selling at a lower price to one retailer over another is gone.
  6. The Agency Pricing discount of 30% off the top that retailers pay publishers can remain in place.
  7. There are compliance procedures being set in place (that I don’t bother discussing) so the government can make sure that the publishers are complying with the agreement.

That’s right. Provision #3 fixes an arbitrary minimum price —a price floor. Retailers like Amazon will not be allowed to sell ebooks below the price they pay publishers for them; they will not be allowed to sell at a loss. For two years. And apparently there is yet more intrusive bureaucracy being set up to monitor compliance with these new regulations for the ebook market. It’s another shovel-ready Obama jobs program!

The federal government is also going to prevent publishers from requiring retailers sell their ebooks for a certain price. In other words, it bans the agency model. Now, I’m no fan of the agency model, and I think it’s self-destructive for publishers to adopt it in order to screw their customers with high prices so that they can prop up their dead-tree book business model for a while longer. But I don’t think they should be prevented by law from doing so.

Stabilization is Chaos: “Monetary policy all over the world has followed the advice of the stabilizers. It is high time that their influence, which has already done harm enough, should be overthrown.”
— F.A. Hayek, 1932

The federal government is also going to prevent publishers from retaliating against retailers for the prices they set. Also, no more contracts that stipulate publishers can’t sell to other retailers at a lower price. In other words, the state is going to short circuit the market process by preventing publishers from putting any kind of meaningful pressure on retailers and vice versa. No jockeying for position in the ebook market. Forget letting consumers decide and the best business model win. The United States federal government prefers stasis — the maintenance of a status quo of its own making.

But wait, there’s more. Stackpole does the math and argues that far from preventing publishers from fixing high prices for consumers, the settlement will actually disincentivize both publishers and retailers from setting lower prices:

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Sharis Pozen

DoJ Assistant AG Sharis Pozen

Sharis Pozen
DoJ Assistant AG Sharis Pozen

Jeffrey Tucker recently discussed the Department of Justice’s decided to launch antitrust litigation against Apple and five of the Big Six publishers — Hachette, HarperCollins, Macmillan, Penguin, and Simon & Schuster, but not Random House — for alleged price fixing. Three of them — Hachette, HarperCollins, and Simon & Schuster — decided on the same day to settle straight away. The alleged sin was that Apple and the publishers decided to go with the agency pricing model in which the publishers get to set the prices for their books in the iBooks Store, while Apple takes a 30% cut.

As you’d expect, I’m with Jeffrey Tucker in believing that price fixing, collusion, cartels should not be illegal. In a free market, these practices are not stable and will end up harming the companies in the long run if they dissatisfy customers. What I want to highlight in this news post is not what so much what libertarian justice has to say about the matter but some bad economic-tech journalism about the business side.

I recently read this article on Mashable by Lance Ulanoff, the site’s Editor-in-Chief:

How Steve Jobs Got Apple Into Trouble Over Ebooks.”

Wow, is this guy clueless.

And if Steve Jobs really thought Amazon screwed up in alienating major publishers by not adopting the agency model, he was clueless as well. Amazon is WINNING.

Jobs pushed the agency model on the publishers? I don’t think so. They preferred that model but couldn’t get Amazon to go along with it without Apple’s help. It’s the screw-your-customers model and it wouldn’t have been good for the publishers over the long haul. They want high ebook prices so that they can hang onto their outdated IP-dependent business model of selling paperbacks and hardcovers in big-box brick-and-mortar stores for as long as possible.

That antiquated business model is particularly insane in the United States. The origin of the current wasteful publisher/brick-and-mortar bookstore relationship is fascinating. The strip-and-return system has its origin in the Great Depression (thanks Fed!).

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Sharis Pozen

DoJ Assistant AG Sharis Pozen

Sharis Pozen
DoJ Assistant AG Sharis Pozen

Get this: The federal bureaucrat who last month started the litigation against Apple and book publishers for ebook pricing is the same person who, back in the stone age, represented Netscape in its lawsuit against Microsoft.

Recall that Microsoft was trying to give away its Internet Explorer to computer users for free. Netscape went nuts and got the government to clobber Microsoft for being so nice to consumers. It put the company through litigation hell and even demanded that Microsoft change its operating system code to untie it from IE.

The person’s name is Sharis Pozen, and she is acting head of the Justice Department’s antitrust division and a political appointee of the Obama administration. She claims that she is threatening state violence against Apple and publishers for pricing collusion — and that it’s her job to protect consumers.

Interesting. She began her career trying to protect the rights of an old-line company to rip off consumers. To her, a price of zero was unfair competition. She was sure that a browser should be a paid product. The progress of history flattens that argument. Today, dozens of companies beg you to download their browser for free. Browser use is all over the place, sort of like a free market. There is no Microsoft monopoly, contrary to the overheated predictions.

Given that history, one might suppose she would retire from public life and maybe go into flower arranging or something. Instead, she is still at it. Last year, she denied a proposed merger between T-Mobile and AT&T that would have improved your cell service. This year, she says that a deal between publishers and Apple is harming consumers, so she has to act.

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The Children of the Sky by Vernor Vinge
The Children of the Sky by Vernor Vinge

Back in February, the Libertarian Futurist Society announced the 2012 Prometheus Hall of Fame Award finalists. Over the weekend, on March 31st, they announced the 2012 finalists for the Prometheus Award for Best Libertarian Novel.

Below is the most of the press release.

io9 picked up the press release as well; the comments offer up a predictable ton of FAIL, so you might want to read them for a good laugh or avoid them if you have a low tolerance for stupidity and ignorance.

The first finalist on the list, The Children of the Sky by Vernor Vinge, was reviewed by Matthew Dawson back in February. But we still need reviews of the rest of the finalists, preferably before the winner is voted on.

As a reminder to our readers, we are open to submissions of reviews (as well as news, articles, interviews), whether you’d like to contribute regularly, irregularly, or just once.

So if you’d like to read and review one of the finalists, nominees, past winners, or another piece of fiction, we’d be happy to consider it for publication.

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NEWS | James Cameron on the Piss Poor State of Ocean Exploration Thumbnail

io9 has the story about Cameron’s complaint and his endeavor to spearhead a return to “Challenger Deep, the deepest known point in all the world’s oceans.”

I just want to highlight a pleasantly surprising remark from Cameron:

“I think we’ve got to do better,” he told Nature News. “If it means getting private individuals together with institutions and bypassing the whole government paradigm, that’s fine. Maybe that’s what we need to do.”

Please, by all means, do.

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