[Nic]

Obvi, hypothetical.

If these blackmailing scams get more common, then hitting a few big trad names would probably trigger a close look at procedures.

 

[SasgoraBooks]

Isn't extorsion a major crime you could report to the FBI or something?

 

[Becca Mills]

Isn't extorsion a major crime you could report to the FBI or something?

You can report it, but the FBI cannot reach across the world to pluck a nameless two-bit crook out of who knows where.

 

[Nic]

You can report it, but the FBI cannot reach across the world to pluck a nameless two-bit crook out of who knows where.

But maybe an FBI involvement might make Amazon see the light of producing a more predictable and easier solution for authors than trying to reach Jeff Bezos. If they reinstated books just as fast on getting DMCA counter-notifications as they pull books on DMCA-notices this racket would stop soon.

 

[PhoenixS]

She says she "received no warning, no notice--nothing." That said, it's worth mentioning that the notification KDP sent me when Nolander was taken down did land in my spam folder.

If the books weren't pulled down in the Great Keywords Cleanse that just hit a bunch of folk -- several bestsellers, too, that I personally know who got hit -- then, because Holly is saying it's over copyright, there are two likely reasons that might happen. 1) A DMCA notice was filed. But she's not saying the emails said anything about a DMCA. When your book got tagged, the email in your spam folder was clear on that count, wasn't it, IIRC? So, 2) it's most likely a rights verification thing. If it wasn't a DMCA notice, then why on earth would Amazon willy-nilly pull down not just *a* book, but 4? There's no precedent for that -- at least none I've been privy to. But there is tons of precedent for rights verification mails being sent out with a 5-day deadline. It's certainly possible those mails wound up in spam. I'm simply suggesting there was effort made on Amazon's part to contact her. Because I've not failed to receive the over 50 or so of them I've been sent.

If someone targeted her books, Amazon wouldn't be coy about saying that's what happened, right? They weren't coy with you. But it *feels* like Holly is being coy with us, bringing extortion into the conversation when it doesn't seem Amazon is saying it was a DMCA thing at all.

So, I'll ask right out: Holly, what did the emails you receive notifying you the books had been taken down actually say?

 

[SasgoraBooks]

You can report it, but the FBI cannot reach across the world to pluck a nameless two-bit crook out of who knows where.

But, if you are contacted and they demand money. 1) The email they send could be traceable. 2) They have to have you send the money somewhere, that is traceable, unless it's some offshore account in the Cayman Islands? Shouldn't something be done with the evidence that is there?

Also, couldn't you just send the email to Amazon and say "Hey look Jeffy, EXTORSION! Fix it!"? Amazon can't be that daft as to just ignore clear evidence of a crime against you can they?

 

[Becca Mills]

If the books weren't pulled down in the Great Keywords Cleanse that just hit a bunch of folk -- several bestsellers, too, that I personally know who got hit -- then, because Holly is saying it's over copyright, there are two likely reasons that might happen. 1) A DMCA notice was filed. But she's not saying the emails said anything about a DMCA. When your book got tagged, the email in your spam folder was clear on that count, wasn't it, IIRC? So, 2) it's most likely a rights verification thing. If it wasn't a DMCA notice, then why on earth would Amazon willy-nilly pull down not just *a* book, but 4? There's no precedent for that -- at least none I've been privy to. But there is tons of precedent for rights verification mails being sent out with a 5-day deadline. It's certainly possible those mails wound up in spam. I'm simply suggesting there was effort made on Amazon's part to contact her. Because I've not failed to receive the over 50 or so of them I've been sent.

If someone targeted her books, Amazon wouldn't be coy about saying that's what happened, right? They weren't coy with you. But it *feels* like Holly is being coy with us, bringing extortion into the conversation when it doesn't seem Amazon is saying it was a DMCA thing at all.

So, I'll ask right out: Holly, what did the emails you receive notifying you the books had been taken down actually say?

The email I got from KDP was extremely short. Like, a sentence or two. I didn't really understand it meant when I first got it. It didn't say that a DMCA notice had been filed, or give the name/contact info of the person who'd made the claim, or give any specifics at all. Working from memory, it was something like, "Your book Nolander [ASIN] has been blocked due to disputed copyright. You and the other party must both contact KDP with written permission for the book to be restored." And that was it. If I hadn't gotten a more detailed email from Smashwords soon after, I would've been at a loss as to what was going on.

But yeah, it was clearly different from the run-of-the-mill "Is this really your book?" email baldricko quoted in that other thread.

 

[Becca Mills]

But, if you are contacted and they demand money. 1) The email they send could be traceable. 2) They have to have you send the money somewhere, that is traceable, unless it's some offshore account in the Cayman Islands? Shouldn't something be done with the evidence that is there?

Also, couldn't you just send the email to Amazon and say "Hey look Jeffy, EXTORSION! Fix it!"? Amazon can't be that daft as to just ignore clear evidence of a crime against you can they?

That is, in effect, what I did, and Amazon did fix it. But I was able to connect the name of the person who contacted me offering help to the email address from which the DMCA notification had been filed. The case wouldn't have been nearly so clear-cut if I hadn't been able to make that link.

I wish the FBI were willing to work with the Mumbai police to arrest and extradite someone who's blackmailing an American author for $200, or whatever the sum would've been, but I think the chances of that are hovering right around zero. That's why these scams pose such a threat and why Amazon and the other retailers really MUST step into the breach and help. The safe-harbor provisions are built into the DMCA to prevent this sort of thing, but if a company refuses to use the safe harbor, the law can be abused grossly.

 

[SasgoraBooks]

That is, in effect, what I did, and Amazon did fix it. But I was able to connect the name of the person who contacted me offering help to the email address from which the DMCA notification had been filed. The case wouldn't have been nearly so clear-cut if I hadn't been able to make that link.

I wish the FBI were willing to work with the Mumbai police to arrest and extradite someone who's blackmailing an American author for $200, or whatever the sum would've been, but I think the chances of that are hovering right around zero. That's why these scams pose such a threat and why Amazon and the other retailers really MUST step into the breach and help. The safe-harbor provisions are built into the DMCA to prevent this sort of thing, but if a company refuses to use the safe harbor, the law can be abused grossly.

Ok, now I wonder who will be the first to write a novel about an author who snaps and travels to Mumbai to exact some vigilanti justice?

 

[Mark E. Cooper]

What I fear whenever I see this sort of thing is that it will happen to me. I'm a non US citizen and hence have no rights. Over here, we don't have a proper certification thing for copyright. We have the British Library and 5 copyright "offices" that hold copies of our paper books, but we don't get a reg number or certificate. When asked "You don't need it, you wrote it, you own it."

I'm told I could register in the US, but as Becca said, the good guy AND the bad guy have to come to "terms" and email KDP to say it's sorted. What BS is that?

If anyone needs yet another reason to NOT be exclusive with anyone, let alone Amazon, this bollocks has go to be it.

 

[PhoenixS]

What I fear whenever I see this sort of thing is that it will happen to me. I'm a non US citizen and hence have no rights. Over here, we don't have a proper certification thing for copyright. We have the British Library and 5 copyright "offices" that hold copies of our paper books, but we don't get a reg number or certificate. When asked "You don't need it, you wrote it, you own it."

I'm told I could register in the US, but as Becca said, the good guy AND the bad guy have to come to "terms" and email KDP to say it's sorted. What BS is that?

If anyone needs yet another reason to NOT be exclusive with anyone, let alone Amazon, this bollocks has go to be it.

Well, actually, you should blame the U.S. Congress and not Amazon for the BS. There are certain "safe harbors" that service providers are afforded under the Act. And certain steps that Amazon is required -- by law -- to take. Here's a nice quasi-layman's breakdown of the provider's pertinent responsibilities in regard to Notice and Take-down:
http://digital-law-online.info/lpdi1.0/treatise34.html

ETA: Bear in mind that there is no evidence that Holly's issue has to do with any DMCA infringement claims. This, right now, is a SIDE DISCUSSION to the OP's issue.

 

[Zelah Meyer]

That really sucks, Holly. 

I hope you are able to sort it out A.S.A.P. and that Amazon changes their policies to clamp down on the people who do this kind of rubbish.  It's crazy, and yes, a very good reason not to go exclusive!

 

[Jan Hurst-Nicholson]

Holly, that is frustrating and scary, especially as it affects your income. I hope there is a simple explanation that an email to Jeff Bezos will sort out. Sending you virtual hugs 

 

[B.A. Spangler]

Holly, maybe you should send an email straight to Jeff. Seriously. You have the clout.

First thought too!
I work with a former Amazon employee (higher up) and Jeff is known to read all of his email.

 

[Betsy the Quilter]

Holly,

sorry to hear about this.  Hopefully it's one of the run of the mill notices that others have received and quickly resolved.

Betsy

 

[KaiW]

I think it might just be the recent keywords thing, lots of titles taken down willy-nilly and the OP is jumping to conclusions that it's a copyright thing? Hard to tell without knowing what the accompanying email contained.

 

[Guest]

This is absolutely disgraceful. They shouldn't be pulling titles unless they are 100 percent certain that there is plagiarism / breach.

You have to wonder about who is making these decisions. If this is the level of respect / professionalism Amazon deals with one of their most successful indie authors, it speaks volumes to the vulnerability of every author publishing with them.

 

[Speaker-To-Animals]

It would help a great deal of you could say what the Amazon emails say specifically or if you have any at all, if not check your spam folder. It could be a copyright troll or not.

 

[Becca Mills]

This is absolutely disgraceful. They shouldn't be pulling titles unless they are 100 percent certain that there is plagiarism / breach.

You have to wonder about who is making these decisions. If this is the level of respect / professionalism Amazon deals with one of their most successful indie authors, it speaks volumes to the vulnerability of every author publishing with them.

The DMCA requires them to pull the title. There's really no way around that. The wiggle room the DMCA affords comes after counter-notification. That's when Amazon could safely restore the title.

What I fear whenever I see this sort of thing is that it will happen to me. I'm a non US citizen and hence have no rights. Over here, we don't have a proper certification thing for copyright. We have the British Library and 5 copyright "offices" that hold copies of our paper books, but we don't get a reg number or certificate. When asked "You don't need it, you wrote it, you own it."

I'm told I could register in the US, but as Becca said, the good guy AND the bad guy have to come to "terms" and email KDP to say it's sorted. What BS is that?

If anyone needs yet another reason to NOT be exclusive with anyone, let alone Amazon, this bollocks has go to be it.

Mark, you can register your copyright here in the U.S. Your citizenship doesn't matter.

As I discovered, holding official copyright is not enough, on its own, to make Amazon put your book back up. But my copyright papers were in the packet of materials I sent to the [email protected] address. It may well have had an impact.

 

[555aaa]

The KDP contract is two way flexible in that you can pull your books at any time, and Amazon can reject any book at its discretion, for any reason, and it doesn't have duration. They can also terminate the contract with you at any time, at their discretion.  The ACX contract is a lot different as it is fixed term (seven years followed by annual renewal) and once your title is in their system you can't (easily) pull it out or re-price it. So far I've never heard of anyone's ACX title being pulled. They (ACX) can still pull the title but it's a lot bigger deal because they also are an aggregator to iTunes.

So yes this is a raw deal and is being abused by scammers, but it also shows how vulnerable anyone is who uses KDP because the contract is pretty weak. There's been lots of music lawsuits on copyright infringement, but the titles don't get pulled as I understand it. The two parties duke it out in court and those disputes often take many years to resolve.