Bye-Bye, Amazon: Why I Won’t Write Reviews For You Again
Posted by Christine Cavalier in Media, Rhythm Ticks, Right-inWhy I Won’t Write Reviews on Amazon Again
The RSS of alerts on my online content from FairShare usually stays pretty quiet. Even when another site uses my content and a new alert is generated, 99% of the time a link back to my blog accompanies the post. Even then, the post isn’t a full copy but a summary and a link. I have no problem with this, as I license my content under a Creative Commons copyright.
For those of you who aren’t familiar, here’s a 3-step process on how a blogger can protect the words she writes from being plagiarized or stolen.
1st: a blogger visits the Creative Commons website and picks which type of copyright she wants. I’ve chosen the copyright that allows other people to re-post my content, as long as they link back to me or give me credit and they don’t use my work to make money. They can’t sell my work or use it to sell other things, even if they do link back to me.
2nd: the blogger downloads the graphic and puts it on every page of her blog. Mine looks like this:
3rd: the blogger uses various web applications to send alerts via RSS or email whenever her content shows up somewhere on the Internet. I use FairShare to look after all my content and Google alerts to look after various keywords, including my name and blog name. When someone uses my content, those alerts will fire me an RSS update or an email, respectively.
That’s the basic way to keep track of where your work ends up online.
When I get an alert, I immediately investigate. If everything looks OK and within the terms of the Creative Commons copyright, I leave it be. About 99% of the alerts fall within what’s called “Fair Use.” In other words, the other site that borrows my content links back to my blog, giving me credit, and the site isn’t covered in ads or selling any products.
Today I started my RSS reader and found an alert from FairShare that was in that 1%.
FairShare showed me the site New and Used Books, where my review of NurtureShock by Po Bronson and Ashley Merryman was listed under the ad for the book. I was not credited. The full review was posted, not a partial clip. There was no link back to the Amazon site where I had posted my review, there was no link back to my blog. No link at all. And they were using my review (albeit a non-favorable one) to sell the book.
This is when I send a “cease & desist” letter. Basically, a cease & desist is a letter that says, “Please link to me or remove this content immediately. You are violating my copyright.” In other words, somebody owes me money or credit, and if you don’t delete my content from your site, you must pay me.
NewandUsedbooks is still violating my copyright because they are using my words to sell a book, but even that I could let go if they just linked to me or to my Amazon review (which links to my blog).
Here is my email to Newandusedbooks.com. It is a typical cease & desist email that I write:
“You have used my content and are violating copyright. Please either remove my book review or give me the link credit to my blog. You have taken the online reviews from Amazon.com but have not linked to that either. I will be forwarding a copy of this message to Amazon.com. Here is the link to your page where you violate my copyright: http://newandusedbooks.com/index.cfm?fuseaction=zmore&manu=Twelve&prodGroup=Book&item_ASIN=0446504122&author=Po%20Bronson&SubscriptionId=0JN0QHH0QAG4YVY4FY02 Here are the first few phrases of my review: ‘Conservative agenda by non-scientists.: (2009-09-20) New York Magazine journalists Po Bronson and Ashley Merryman team up to add commentary and more information to their articles in this new book published by Twelve, a division of the Hachette Book Group. The last page of the book has this blurb about Twelve:’ I expect this situation to be resolved by Wednesday, Sept. 30, 2009 by 2:00 p.m. Eastern Standard Time (GMT – 5). Thank you. Christine Cavalierchristine@purplecar.net”
Today is Sunday. I didn’t expect a quick response, but a few minutes later I received this email from newandusedbooks.com:
“Dear Ms. Cavalier, New and Previously Owned Books is an Amazon affiliate. We have not “copied” anything from Amazon rather as an Amazon affiliate and by contract with Amazon, we receive by automatic “download” the books, book covers, reviews, prices, availability, etc. directly from Amazon. We do not select what reviews to post on any given book – they are downloaded from Amazon. We cannot control what Amazon puts on their site and we cannot add to their descriptions and cannot add a link to your blog within their downloaded review. I hope this explains where the information is coming from and alleviates your concerns. Vickie Denneywww.ReaderToReader.com”
I wrote back immediately, but have yet to hear a response:
“Dear M. Denney, Thank you for writing with a prompt reply. Does your server refresh the pages often? If we remove our content from Amazon, can we conclude that it will then be removed from your site? -Christine Cavalierchristine@purplecar.net”
Then I went and deleted all 4 of the reviews I posted to Amazon.com, despite the reviews’ good ratings and conversations they generated.
Newandusedbooks.com passed the buck to Amazon, saying that the catalog content they lease from Amazon isn’t controlled by them (or their seemingly parent company readertoreader.com). Does Amazon strip the links before they sell the content? Or does newandusedbooks.com strip the links when they post the Amazon catalog content to their site? The response I received didn’t answer these questions, and I don’t think my follow-up email will get much of a response, either.
I don’t need to pour over Amazon’s Terms of Service. I can already guess that Amazon has standard legalese that states they own the content of all reader reviews on their site. I proceeded to delete all my reviews and decided that the few links back to my profile or blog aren’t worth it. My stats never showed very many links back to my blog from Amazon, and I don’t need to spend time building up a “reputation” on Amazon as a good reviewer.
I know, I know. I’ve been blogging since 2004, I should’ve known better. I was thinking it was an even trade-off for the potential in new blog readership. I didn’t think Amazon would sell my content without at least a link back to the original content on its own site.
This is one of those situations that critics Andrew Keen, @AmandaChapel, et al., cite when they bemoan the current practice of online retailers using free content by amateurs. Readers write free reviews on Amazon and Amazon sells them along with their catalog content to book selling sites. The Publisher’s Weekly reviews are also on Amazon, but Amazon doesn’t lease out that content because Publisher’s Weekly tells Amazon they must pay for that work. The lone avid reader/blogger has no team of lawyers looking after them like that. Amazon and other sites take advantage of readers’ want for connection, or fame, or whatever misguided motivations and sell their very-marketable, worthy content for their own profit.
What do you think of this? Has this happened to you? Do you use copyright protection on your work? Let me know in the comments.
As for me, I say, “Bye-Bye, Amazon.” Now I’m going over to Goodreads.com to see if their revenue model is based on members’ free reviews.
UPDATE: 27 Sept 2009 4:39 pm:
Readertoreader.com wrote back (I have a feeling they aren’t too tech savvy over there and are just guessing. Or they are assuming *I* am not tech savvy):
Yes. As the information is “downloaded” from Amazon; whatever you do to the review (add or remove) will be reflected on our site when Amazon updates their page(s).
Best,
Vickie Denney
www.ReaderToReader.com”
UPDATE: 28 Sept 2009 5:33pm Amazon Customer Service writes back. Here is my original note to them from Sunday 27 Sept. and then their response, dated 28 Sept.
My email to Amazon:
Dear Amazon, I am writing about a case of copyright violation against Amazon and myself. Please forward to the correct department. Are you aware that the site, http://newandusedbooks.com/ , is pilfering all the customer reviews on Amazon and posting them as their own? There is no link or credit being issued to the authors of the reviews or to Amazon.com. I have found the review I wrote on NurtureShock by Bronson and Merryman on the New and Used Books site. New and Used Books didn’t link to my blog or to the review I posted on Amazon. I have written them a cease and desist email and told them I would be contacting Amazon. I also noticed that the other reviews the site lists are reviews that are found on Amazon.com. Here is the link to the copyright violation for the NurtureShock review on newandusedbooks.com: http://newandusedbooks.com/index.cfm?fuseaction=zmore&manu=Twelve&prodGroup=Book&item_ASIN=0446504122&author=Po%20Bronson&SubscriptionId=0JN0QHH0QAG4YVY4FY02 Is Amazon affiliated with New and Used Books.com? Is this a violation of Amazon’s Terms of Use? Please advise. Thank you. Christine CavalierAmazon’s response:
Thank you for contacting us about this issue. We can appreciate your concerns; however, in this instance, the reviews showing up on this web site is within our guidelines.When you post content to the Amazon.com site, you grant Amazon a right to distribute that content, and to use the name that you submit in connection with your content. For more details, please refer to the Conditions of Use page found here:
http://www.amazon.com/gp/help/customer/display.html?ie=UTF8&nodeId=508088
If you would rather any or all of your reviews not appear outside of Amazon.com, the best solution would be to delete them via Your Profile. To find your Profile, click “Your Amazon.com” at the top of any Amazon.com page and then click the “Your Profile” link in the blue navigation bar. On Your Profile, you’ll find a list of your reviews as well as other community content you’ve provided. Under the list of reviews, click “See all reviews.” You’ll then see a list of your reviews and “Edit review” and “Delete review” options. Clicking the “Delete review” button will take you to a confirmation page. Clicking “yes” on the confirmation page will delete the review. Your review should be deleted from the website shortly.
I hope this information is helpful to you and addresses your concerns. Thank you for choosing Amazon.com.
Please let us know if this e-mail resolved your question:
If yes, click here:
http://www.amazon.com/rsvp-y?c=betuhqrg3450546415
If not, click here:
http://www.amazon.com/rsvp-n?c=betuhqrg3450546415
Please note: this e-mail was sent from an address that cannot accept incoming e-mail.
To contact us about an unrelated issue, please visit the Help section of our web site.
Best regards,
Joe G.
Amazon.com
We’re Building Earth’s Most Customer-Centric Company
http://www.amazon.com/your-account
Did Amazon just admit they violated their own TOS? The phrase ”
When you post content to the Amazon.com site, you grant Amazon a right to distribute that content, and to use the name that you submit in connection with your content” implies that my name is not stripped from my work, as it was on the newandusedbooks.com site.
I’m clicking on the “If not” option. I’ll let you know how it goes.
UPDATE 29 Sept 2009: Amazon says they own all.
I clicked the “If not” option, which sent me to a new trouble ticket screen. Here is what I wrote:
COMM ID:betuhqrg3450546415
EMAIL: christine@purplecar.net
COMMENTS: You said this in an email to me: “When you post content to the Amazon.com site, you grant Amazon a right to distribute that content, and to use the name that you submit in connection with your content.” But you sold my content (a book review) and did NOT include my name. All identifying information from the review sold to newandusedbooks.com was stripped. Did you violate your own terms of service?
Here’s is what Amazon wrote back:
From: cust.service03@amazon.comSubject: Your Amazon.com Inquiry
Date: September 29, 2009 4:08:17 PM EDT
To: christine@purplecar.net Greetings from Amazon.com.
Thank you for writing back to us about this issue.
The full quote from our Conditions of Use that was referenced in our previous message is included below:
“If you do post content or submit material, and unless we indicate otherwise, you grant Amazon a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Amazon and sublicensees the right to use the name that you submit in connection with such content, if they choose.”
The ‘…if they choose’ part at the end indicates we can decide to include whatever identifiable information you submitted, or not. I’m very sorry for any frustration this causes.
Again you are welcome to delete any content you have submitted at any time. In turn, the content would later be removed any third-party sites that were legitimately using the content.
Unfortunately, we aren’t able to provide any further insight or action in this matter.
Thank you for shopping at Amazon.com.
Please let us know if this e-mail resolved your question:
If yes, click here:
http://www.amazon.com/rsvp-y?c=hucugvtg3453102235
If not, click here:
http://www.amazon.com/rsvp-n?c=hucugvtg3453102235
Please note: this e-mail was sent from an address that cannot accept incoming e-mail.
To contact us about an unrelated issue, please visit the Help section of our web site.
Best regards,
Jeff G.
Amazon.com
We’re Building Earth’s Most Customer-Centric Company
http://www.amazon.com/your-account
Somehow I don’t think Jeff G. or Amazon is “sorry.”
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