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As the DoJ observed drily if the BPHs are that worried about B&M stores they could subsidise them directly, rather than making eBook consumers subsidise B&M sales.
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It's actually an interesting suggestion, but then that would move publishers towards vertical solutions where they not only develop and finance books but sell them in their own stores. More short term, they could just raise the wholesale prices on ebooks in order to subsidize B&M stores. Be careful what you wish for.
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And really? Do we really think that more people discover new authors working their way along shelves looking at spines than by following links and recommendations online?
I've loved books for half a century and I was already discovering new print authors via the internet rather than in my beloved bookshops years before I switched to ebooks.
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One study has found that people more readily discover new books browsing book stores. Even when they end up buying ebooks, they discover the pbook version browsing the B&M store. That's not just B&M store propaganda.
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This is speculation without evidence. I see no reason why Amazon themselves wouldn't finance projects like these, and provide a conduit for ground-breaking new authors. It's also begging the question to state that the BPHs will be squeezed out of this niche. Maybe, maybe not. They need to adapt to the new realities and use their core advantages to turn a profit. Advertise themselves as providing a quality product. Find a new route to market.
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Let's just say Amazon hasn't done anything like that yet, so its speculation to think they will , although they are moving into publishing . As for the publishers, I indeed think they'll find a new way, now that agency pricing is temporarily blocked. That new route will be their own ebook stores.
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The DoJ pointed out that the remedy was formulated in discussion with the three who settled, and that none of them saw any difficulty in providing the required information.
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THe problem was discussed in detail by Mike Shatzkin
HERE.
In short, the retailers have to provide the publishers with detailed sales info in order for the publishers to properly police the discounting restrictions-info that the publishers are not now getting . Please read the whole thing, though, to get a full analysis of the problems. The DOJ has oversimplified the issue in its Response.