The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

Posted by Victoria Strauss for Writer Beware®

I've gotten several alerts over the past week about a pirate site that's new to me (though not new: this warning was first published in September 2017): Kiss Library, where many authors are finding unauthorized electronic versions of their books.

Kiss Library differs from the typical pirate site in a couple of ways. Unlike, say, Ebook Bike, run by serial copyright thief and "information wants to be free" ideologue Travis McCrea, it doesn't simply offer pirated books for free download, but appears actually to be selling them. Also unlike Ebook Bike and other pirate sites, it seems to promptly respond to DMCA notices.

I found two of my own books listed.

I filled out the form on Kiss's DMCA page, and within minutes my books vanished from the site. I also received this email:

Awwww. How nice. They're contrite! It's not their fault! They'll pay back the illicit profits! They are so transparent about the whole thing!

Except...it's bullshit. They send the exact same response to everyone. Here's someone who got it in July:


A friend of mine got it in March. Someone else got it in 2018. Kiss seems to have concluded that it's better to lose a few listings (which can always be reinstated later) than to make waves by ignoring authors or telling them to f*ck off. It's a different strategy from the "fight everything" stance of many pirates, or those that send takedown notices into oblivion--and it's probably why Kiss, with its huge, monetized catalog of pirated books, hasn't sparked the uproar other pirate sites have.

It's been suggested that Kiss doesn't actually take down disputed books: it simply blocks the IP addresses of anyone who sends a DMCA request so they can't see that the books are still on offer. I've no idea if this is true.

Also, there's the question of whether Kiss really offers the books at all--whether it's nothing more than an elaborate phishing scheme that uses books as bait. I followed purchase links all the way to the point of providing credit card info, but I didn't dare do more. This anti-piracy service, however, did:

An interesting fact is that they actually don't even have the books they are selling! The catalog is automatically generated from indexing Amazon author pages.
We know this because we tried to buy a clients ebook out of curiosity..

— DMCA | Anti-Piracy Service | Pirat.io (@pirat_io) August 8, 2019

Exactly! This why we tried to purchase one of our authors eBooks to see if they could deliver the content.
We never received anything. -Eric

— DMCA | Anti-Piracy Service | Pirat.io (@pirat_io) August 8, 2019

So if you visit the site, be careful. Send the DMCA if you find your books, but don't try to test the system by buying anything.

Kiss's About page features a photo of smiling millennials and a Canada address. Kiss originally had a .com domain, registered in 2017 by a Gibraltar-based registrar that was shut down by ICANN this past March. Its current .net domain, which is just 6 months old, is registered to Legato LLC, a Russian company. Make of that what you will.

UPDATE: An update from the anti-piracy service:

Hi Victoria, sorry for the late reply. I wanted to ask the dev and legal dpt. regarding this. The website didn't seem to be hosting any phishing or malware. Its just an elaborate scheme profiting from pirated content. We also used a dummy PayPal account for this testing. -Eric

— DMCA | Anti-Piracy Service | Pirat.io (@pirat_io) August 9, 2019

So maybe there's no content on the site--just book covers--and all they're doing is taking the money and running.

ANOTHER UPDATE: Per this Facebook post from Tamara Thorne, the Authors Guild is aware of Kiss Library and is preparing a statement on the status of the matter and steps they are taking. I'll link to or post it here when it's released.

UPDATE 8/10/19: Well, that didn't take long. Thanks to an alert commenter, I visited Kiss Library this evening and found this:


Not only have they reinstated the two books I DMCA'd (with different covers; they're both backlist books that I re-published with Open Road Media), they've added my two other Open Road backlist books, and a pair of fake books put up by a Writer Beware-hating troll a few years ago as part of a harassment campaign. Think the Kiss Library folks know about this post?

UPDATE 8/11/19: Oops, gone again (except for the two fake books that use my name). Someone is following Writer Beware!

Posted by Victoria Strauss for Writer Beware®

Last week, the SFWA Contracts Committee issued this advisory.

SFWA Contracts Committee Advisory on No-advance Contracts

Recently, SFWA's Contracts Committee was made aware of a situation in which a well-liked publisher canceled the publication of a number of books it had contracted to publish. The publisher said the decision was made because of "unexpected changes" at the company. The Committee has reviewed the contract in use, which lacked a provision for such a cancellation. The Committee believes that canceling a contracted book that satisfies the author’s obligations is at odds with the spirit of the contract. Making this situation worse is the fact that these were no-advance contracts. Because no advance was paid, the publisher could make this decision without financial penalties. The authors' books, were, in effect, put in limbo for many months and the authors received nothing but an apology. Besides depriving the authors of the ability to sell the books elsewhere during this delay and putting off any income from the books into the indefinite future, the authors careers suffer as a result.

Publishers of all sizes may find themselves unable to live up to their contractual commitments for a wide variety of reasons, some of which could not have been reasonably anticipated. Hence, the Contracts Committee urges writers to think carefully about signing a contract that provides no advance, or only a nominal advance, while tying up their work for a lengthy period of time. Critically, payment of an advance gives an indication the publisher actually has the financial resources to meet its obligations. Publishers who do not pay advances or pay only nominal advances should include language in their contracts specifying how they can cancel a book and what happens if they should cancel a book, including a specified amount of compensation to the author.

SFWA Contracts Committee
October 25, 2019

Legal Disclaimer: The contract alert should not be understood to be legal advice. The issues presented by contract law are complex. Authors should consult a competent attorney familiar with the business of publishing as well as contract law before signing any contract.

The publisher in question is Fireside Press.

The cancellations were first reported on October 8 by Jason Sanford in his Genre Grapevine column, and discussed on October 9 in Mike Glyer's File 770. Fireside publisher Pablo Defendini issued a statement on October 8, in which he revealed that the five canceled contracts were for manuscripts that were "unpublished and unannounced", and attributed the cancellations to disruptions caused by editorial departures.

Author Meg Elison, one of the canceled authors, did not find this to be a sufficient explanation...and she was livid.



A few days later, Defendini issued an apology. "I can see now how [the cancellation emails] read as callous, uncaring, and dismissive of the authors’ feelings," he wrote. "I’m very sorry for that....My behavior was not consistent with Fireside’s values, and I deeply regret it."

Beyond the Contracts Committee's general warning about no-advance contracts (and if you're part of the small press world, you know how common these are): multiple simultaneous contract cancellations are not frequent or normal, and can signal trouble beyond whatever the publisher offers as an explanation (if it explains at all). Ditto for a publisher that suddenly starts offering to revert rights on request.

Fireside's situation also highlights the risks of signing with a publisher that's essentially a one-person operation (as Defendini admits in his apology). With the best will in the world, the publisher can be sidelined by a single bad event (personal or professional), leading to glitches, errors, and delays in scheduling, payment, and more. Writer Beware's files are stuffed with such stories.

Troubled publishers do recover, or at least hang on. Month9, which canceled dozens of contracts in 2016, is still publishing, as is Permuted Press, which axed an undisclosed number of titles in 2015 (both publishers cited overstocked lists, though in both cases there were other issues as well). In the short term, though, if a publisher is or has been actively shedding writers, it's best to hold off on submitting until it's clearer what's going on.

In mid-2016, I wrote about YA publisher Month9 Books' abrupt decision to scale back its list, reverting rights to as many as 50 authors across all its imprints. Explaining the culling, Month9 founder and CEO Georgia McBride cited her own health problems, along with staffing issues and the company's "substantial growing pains" over the past six to nine months.

McBride's announcement triggered a surge of complaints from Month9 authors, who described a host of serious problems at the company, including late or missing payments (for staff as well as authors), problems with royalty accounting, delayed pub dates, broken marketing promises, overcrowded publication schedules, communications breakdowns, and harsh treatment and bullying by McBride.

According to authors and staff, these problems were not new or even recent, but had been ongoing for a long time. Why had authors kept silent? Almost every writer who contacted me mentioned their fear of retaliation--along with the draconian NDA included in Month9's contracts. I've rarely encountered a situation where authors seemed so fearful of their publisher.

Things quieted down after the initial flood of revelations, as they often do. Month9 survived and kept on publishing, though its list continued to shrink: between a high point in 2016 and now, the number of titles appears to have fallen about 50%. Apart from a handful of additional complaints in late 2016 and early 2017 (similar to this one), I didn't hear much about Month9 in the years following.

Until now. Over the past few weeks, I've been contacted by multiple writers who say they are still suffering from the same problems that surfaced in 2016: primarily, late (sometimes very late) royalty and subrights advance payments and statements (in many cases received only after persistent prodding by authors and their agents), and allegations of irregularities in royalty reporting.

The intimidation level, too, seems not to have changed. Most of the authors told me that they feared reprisal for coming forward, and asked me specifically not to mention their names or book titles. (Writer Beware never reveals names or other unique identifying information, unless we receive specific permission from the individual. That disclaimer is included on our website and in our correspondence.)

If you've been following the recent ChiZine scandal, you may be feeling some deja vu--notably, in the alleged existence of a toxic culture within the publisher that makes authors fearful and and helps to keep them silent. It's disappointing to learn that even if the issues that thrust Month9 into the spotlight three years ago have gone quiet, they don't seem to have eased. Writers be warned.


I wrote about Black Rose Writing in 2009, in connection with its requirement that authors buy their own books. Writers who submitted were asked how many of their own books they planned to buy; their response was then written into their contracts. (Book purchase requirements are back-end vanity publishing: even if writers aren't being asked to pay for production and distribution, they still must hand over money in order to see their work in print.)

Black Rose got rid of the book purchase requirement a few years later, and claimed to be a completely fee-free publisher. I had my suspicions that money might still somehow be involved, though...and as it turns out, I wasn't wrong.

I've recently learned that new Black Rose authors receive a Cooperative Marketing Catalog that sells a range of pay-to-play marketing and promotional services, with costs ranging from a few hundred dollars to four figures. For instance:


It's true that purchase is optional (though I would guess that authors are heavily solicited to buy). But reputable publishers don't sell marketing services to their authors--and in any case, much of what's on offer are things that other publishers, even very small ones, do for their authors free of charge, as part of the publication process.

That's not the only way in which Black Rose authors are encouraged to pay their publisher. Owner Reagan Rothe is a self-described "financial partner" in two additional businesses: the Maxy Awards, a high entry fee book competition that donates "a large part of every entry" to a charity (how large? No idea; that information is not provided); and Sublime Book Review, a paid review service.

Though Mr. Rothe's financial interest in these businesses is not disclosed on the business's websites, both businesses are clearly energetically promoted to Black Rose authors. On Sublime's website, nineteen of the first 20 book reviews are for Black Rose books. There's also this, from the marketing catalog (note the lack of disclaimer):


As for the Maxys, thirteen of the 17 winners and runners-up for 2019 are Black Rose books.

Mr. Rothe does admit his relationship with the businesses in this recent email to Black Rose authors--though only to afford them yet another opportunity to give him money:

Although there is no 2020 Wondermark calendar per se, observant Marksman Gary T. let me know that dedicated calendar fans can make a 2020 calendar at home with the aid of: • January–February: The 2014 Wondermark calendar • March–December: Either the 2009 or 2015 Wondermark calendar It’s Leap Day this year that throws things off. SO, […]

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Di Rusia sana ada terkenal makanan berupa roti yang diberi nama KARAVAY. Dimana roti ini memiliki peranan bagi orang Rusia sana. Dimana biasanya roti ini sendiri disajikan pad acara pernikahan dan juga sampe ke acara pemakaman pun tak luput dari hidangan roti yang satu ini. memang, selama berabad-abad lamanya roti di Rusia menjadi salah satu […]

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Setiap orang pasti akan mengikuti suatu kebiasaan yang memang dari dulu sudah tercipta di negaranya tersebut. Misalnya saja kebiasaan orang Indonesia, yang dimana sering kali mengejar layangan yang sudah putus (kaum anak kecil, secara turun temurun masih menggunakan kebiasaan ini ), lalu kebiasaan melakukan tindakan seperti ” Salim..” setiap hari ke Orang yang lebih tua […]

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Scuttle scuttle

Hi May

Next week is basically nothing but robot butts

buttsgiving week begins

Starting out 2020 with some butts

turn it off!!

Beeps!

something something p value

I mean, maybe

The growls from the caged hyena reverberate through the room as Mohamed Sheikh Yakub slumps silently in a chair nearby, hoping the animal will frighten away the evil spirits he says have troubled him since his divorce.

A quick-thinking Helsinki bakery has saved itself from financial ruin due to the new coronavirus pandemic by creating a cake that looks like a toilet roll.

Volunteers clad as Superman and Spider-Man sprayed disinfectant against the coronavirus on Indonesia's island of Java, flanking a colleague wearing the winged helmet of local superhero Gatotkaca who shouted, "Wear masks, wash hands and stay alert."

Coronavirus test kits used in Tanzania were dismissed as faulty by President John Magufuli on Sunday, because he said they had returned positive results on samples taken from a goat and a pawpaw.