Surviving in the Amazon Jungle – How Authors and Reviewers Can Co-exist in a Hostile Environment (and run to court if they don’t)

This post by Pete Morin originally appeared on his site on 3/20/14.

Well, the Rice Petition has lost a lot of its steam as author after author continues to sign it with no apparent understanding of exactly what it proposes (based upon their own comments), but in the meantime, there has been a lot of discussion, and agreement, that Amazon’s review guidelines could use a few tweaks and a lot more enforcement.

There has also been a fair amount of criticism that demanding the true identities of ten million customers of Amazon products was too high a price to pay for a few dozen militant female reviewers to be “taught a lesson” by Queen Anne.

In that light, I began to consider the kind of actions the author and reviewer could take to both clarify their expectations in the book review arena and provide meaningful remedies against wrongdoers. There is no reason to send the cockroaches into the woodpile when a few well-coined provisos and wherefores can bring about harmony and understanding.

As a (dreaded) litigation attorney, I am forced to parse the language of contractual covenants, indemnifications, waivers, warranties, representations, certifications, promises and disclaimers. While the reading is excruciating, I take comfort in the fact that, pedantic and dull as they are, these kinds of clauses are usually enforceable according to their terms, no matter what they say. As long as both parties agree to the language and it is otherwise unambiguous and capable of only one meaning, it will be enforced in the event of a breach and consequent suit.

 

Click here to read the full post on Pete Morin’s site.

 

That Damned Anonymous Panned My Book!

This post by Pete Morin originally appeared on his site on 3/10/14.

In the past week, there has been a great deal of exposure of a petition to Amazon seeking to remove anonymity from all Amazon book reviewers. With a great deal of help from author Anne Rice’s nearly one million Facebook followers, the petition, initiated by one of Rice’s fans, has garnered over 5,000 signatures.

In the scheme of things, 5,000 is not a lot of signatures, but I am still baffled that this many people – I might assume many of them are authors and Rice fans – could put their names behind the mandate expressed in the petition.

Before we get to the petition itself, though, I want to point out a few things.

I’ve spent a fair amount of time in the Amazon forums, and perhaps out of morbid curiosity, followed and reviewed the history of many of the more egregious instances of author versus author, author versus reviewer, and perhaps the worst instances: author fans on reviewer. These nasty encounters occur in the dark recesses of the Amazon book world, more commonly surrounding self-published works of erotica, romance and paranormal romance. As I read none of those (I swear), I am a mere wide-eyed spectator.

Let me say that one of the worst examples of this kind of gang attack was perpetrated by Ms. Rice herself, who posted a one-star review on her Facebook page, for all of her nearly 1 million fans to see, with a link to the review. You need no imagination to know what happened.

So then, this petition was submitted by one Todd Barselow, an independent editor and avowed fan of Ms. Rice, last week. (Mr. Barselow once attempted to raise money via gofundme to pay for a trip to New Orleans to visit the author and her son.) In just a short period of time, news of the petition – and more importantly, Ms. Rice’s championing of it (complete with PR photos)- has reached a variety of press outlets, all liberally using the press package delivered to them. Interesting! Still, with all of that worldwide press coverage, the petition still stands at just 5,280 signatures.

 

Click here to read the full post on Pete Morin’s site.