Grand Sorcerer
Posts: 11,732
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Join Date: May 2009
Location: 26 kly from Sgr A*
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How much does Smashwords pay publishers to distribute *their* ebooks to B&N, Apple, and Kobo? It sure isn't 6% of cover.
That might be a yardstick the court finds reasonable.
Or the court might look at other BPH contracts that offer up a nominal 25% (before funky accounting schemes) as fair comparables.
The plaintiffs seem to have multiple roads to victory; Harlequin just one--summary judgment. Failing that, they'll lose. (Or settle.)
Sometimes a scam is just a scam and no amount of smoke can hide it.
We'll see soon enough.
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