Comments on: Embargo vs. Event, or, Why The New York Times HP Review Didn’t Matter

By: booklover

booklover — Wed, 25 Jul 2007 22:50:58 +0000

A lawsuit against anyone putting the book on a website likely stands a chance in claiming violation of copyright, but to sue someone because they shipped a book early really takes chutzpah. First, one would have to prove intent, i.e., that the distributor planned to do it knowing full well that whatever agreement they signed with Scholastic prohibited it (destroy all those e-mails guys!). I’m not even a lawyer and yet the “it was an honest mistake” defense immediately jumps to mind.

As far as reviews go, aren’t they really all a sham anyway? What one literary figure thinks about a particular book means little to most people I serve (no one comes in and says “you know, the New York Times really liked James Patterson’s new book, so that makes me want to buy it”). Reviews are just one more attempt to get free publicity, like embargoes. I find that most reviews I agree with has little effect in my enjoyment of a book and the reviews I don’t agree with doesn’t dissuade me from reading it.

By: Kassia Krozser

Kassia Krozser — Wed, 25 Jul 2007 14:32:14 +0000

I stand corrected, though, if our legal system proves normal (my former boss used to note that litigation kept America working), by the time the suit wends its way through the system, it will be nothing but a forgotten artifact of the Potter era. The publishers will spend far more pursuing a suit than the case is worth (what damages can they prove, for example?). Since it’s likely a civil suit, can you imagine arguing this case in front of a jury?

By: marydell

marydell — Wed, 25 Jul 2007 14:21:22 +0000

“What are they gonna do? Sue?”

Actually, yes. The first lawsuit was filed before the release date.

http://www.washingtonpost.com/wp-dyn/content/article/2007/07/19/AR2007071900374.html

By: Edward Champion’s Return of the Reluctant » Roundup

Edward Champion’s Return of the Reluctant » Roundup — Wed, 25 Jul 2007 13:05:20 +0000

[…] Kassia on why literary embargoes don’t matter. […]

By: Kassia Krozser

Kassia Krozser — Wed, 25 Jul 2007 04:19:52 +0000

Mitzi — so true, so true. There is something fantastic about going out to lunch with a friend and…discussing a book. Really discussing a book. Talking about a book in detail. Having the kind of conversation that people usually have about movies or TV shows. Reveling in the fact that we both had a great, great weekend. Also, making a non-Potter reader feel like he needs to start with book one and keep going.

For all of the discussion about how book reviews in newspapers are on the decline, it’s (in my mind) because there are so few books that two people can discuss in great detail over lunch. My friend swears she stayed in bed all day Sunday and read. I sat in the backyard… That’s really what it’s all about.

By: Kassia Krozser

Kassia Krozser — Wed, 25 Jul 2007 04:15:09 +0000

I so avoided commenting on the “what are they gonna do, sue?” angle, because, well, what are they gonna do? Sue? I mean, if it’s proven that the embargo was broken, what, if any, were the damages? Sure, you could say you won’t sell that retail outlet, but, really…

This is why I think embargoes are silly. Of course, I also think that some things that are part of books really fall under the notion of “news”. Why should we pay $25 to discover deep dark secrets about our (current) government?

As for the NYT review, well, you’re right. And you’re right. And there’s a reason for that, on both levels (child and parent). But ultimately, to my mind, it was the kind of review that really served no purpose. It didn’t offer broader understanding of the novel, it didn’t convince potential readers one way or the other, and it didn’t even offer spoilers. Kakutani is a very good reviewer; this convinces me that the goal was first over best.

By: booklover

booklover — Mon, 23 Jul 2007 19:32:53 +0000

As this is the last book, there was no reason for any media outlet to accept the conditions set down by Scholastic, Rowling, etc., since there are no real consequences to behold. Can you imagine a judge fining the New York Times for breaking an arbitrary embargo date? If we had sold the book before the SOS date, what would have happened to us? Would the publishing houses stop selling their books in our store, thereby losing about a quarter of the market? Doubtful. We didn’t sell it before midnight, of course, but this game was designed more to give the publisher another tool to build hype (as if they needed it) then for any valid reason. Your point that the review didn’t matter is also true. Most of the kids who bought the book don’t read the New York Times (as, I doubt, do their parents). In this case, I think this is all much ado about nothing.

By: Mitzi

Mitzi — Mon, 23 Jul 2007 18:04:14 +0000

And that was the BEST thing – all of us (millions of us) reading and being taken into that magical world at the same time.

That’s what it was all about!

Mitzi