Really Big News For Authors

[R. Richard]

I'm simply copying an e-mail from Mark Coker. Obviously, the e-mail only directly applies to Smashwords publications. However, the effect will be felt by many publishers and many, many authors! A tip of this author's hat to Mark Coker!

March 13, 2012

Smashwords author/publisher update: PayPal Reverses Proposed Censorship


Great news. Yesterday afternoon I met with PayPal at their office in San Jose, where they informed me of their decision to modify their policies to allow legal fiction.

Effective last night, we rolled back the Smashwords Terms of Service to its pre-February 24 state.

It's been a tumultuous, nerve-wracking few weeks as we worked to protect the right of writers to write and publish legal fiction.

I would like to express my sincere thanks to Smashwords authors, publishers and customers. You stood up and made your voice known. Thank you to every Smashwords author and publisher who wrote me to express opinions, even if we disagreed, and even if you were angry with me. You inspired me to carry your cause forward.

Smashwords authors, publishers and customers mobilized. You made telephone calls, wrote emails and letters, started and signed petitions, blogged, tweeted, Facebooked and drove the conversation. You made the difference. Without you, no one would have paid attention. I would also like to thank the Electronic Frontier Foundation (EFF), The American Booksellers Foundation for Free Expression (ABFFE) and the National Coalition Against Censorship (NCAC). These three advocacy groups were the first to stand up for our authors, publishers and customers. Their contribution cannot be overstated. We collaborated with them to build a coalition of like-minded organizations to support our mutual cause. Special kudos to Rainey Reitman of EFF for her energy, enthusiasm and leadership.

I would also like to thank all the bloggers and journalists out there who helped carry our story forward by lending their platforms to get the story out. Special thanks to TechCrunch, Slashdot, TechDirt, The Independent (UK), Reuters, Publishers Weekly, Dow Jones, The Digital Reader, CNET, Forbes, GalleyCat & EbookNewser and dozens of others too numerous to mention.

I would like to thank our friends at PayPal. They worked with us in good faith as they promised, engaged us in dialogue, made the effort to understand Smashwords and our mission, went to bat for our authors with the credit card companies and banks, and showed the courage to revise their policies.

This is a big, bold move by PayPal. It represents a watershed decision that protects the rights of writers to write, publish and distribute legal fiction. It also protects the rights of readers to purchase and enjoy all fiction in the privacy of their own imagination. It clarifies and rationalizes the role of financial services providers and pulls them out of the business of censoring legal fiction.

Following implementation of their new policies, PayPal will have the most liberal, pro-First-Amendment policies of the major payment processors. Will Google Checkout and Checkout by Amazon be next now that the credit card companies have clarified their positions, and have essentially given payment providers the permission to adopt more enlightened policies? Finally, thanks to Selena Kitt of Excessica and Remittance Girl for helping me to understand and respect all fiction more than I ever have before.

This is a bright day for indie publishing. In the old world, traditional publishers were the arbiters of literary merit. Today, thanks to the rise of indie ebooks, the world is moving toward a broader, more inclusive definition of literary merit. Smashwords gives writers the power and freedom to publish. Merit is decided by your readers. Just as it should be.


Thanks,

Mark Coker
Founder
Smashwords


Twitter: http://twitter.com/markcoker
Blog: http://blog.smashwords.com

 

[lovecraft68]

I was just going to start a thread titled Paypal folds when I saw this.

And it really was due to the people who made noise and refused to take their shit without a fight.

The real shame here is that bookstrand and others really jumped the gun and a lot of people lost a lot of money, and for some the money was not negligible but necessary.

In a perfect world this wouldn't stop and people would continue to instigate with the CC companies to go after paypal for pretty much trying to incriminate them in this matter.

But as Coker said, hats off to all of us who made the effort.

 

[manyeyedhydra]

Called it!

 

[lovecraft68]

Called it!

That you did.

Now let's see if Pilot come here and admits that he said you and others were wrong ,that it would not blow over.

I still cannot fathom what PP stood to gain from this. They make money per transaction if they had gotten rid of this material, that would have been a loss in income and there is no way in hell the charge backs out weighted the profit.

The bold faced lying about the CC companies involvement is mind boggling. Coker said they claimed to have a letter from the CC companies, people should demand to see it. I think Visa/MC should demand to see it.

Again though people went into panic mode and a lot of people lost a lot of money.

Paypal will now slink away with no repercussions other than increasing their and e-bays sleazy reputation for bullying tactics.

I want to say that I am grateful that the people at SW and erotica writers everywhere didn't take this lying down.

I am also going to maintain my reputation as an asshole and say that it was appalling that the general consensus here was "oh, well I guess they can do what they want."

 

[mikey2much]

This isn't over

Paypal has made its intentions known, and the people fought back. Paypal will fall back but some other company will step forward and try to achive the same results some other way.


The right wants to take us back to the fifties, in birth control, gay rights, and other social issues. At the same time they are pushing power to the rich, they are taking away from the poor. It brings to mind the lyrics of an old rock song,

"You know the preacher likes the cold,
He knows they're going to stay."

There is a lot of truth in those words. Poor people and religion seem to go hand and hand. Where religion holds power, the people are always poor. It is no accident that the one time that the church ruled the world is referred to as the 'dark ages'.

If you feel like this battle is won, I'm afraid you're wrong. Watch over the next few months, somebody will start talking about the interstate transport of obscene materials, or some sort of stupid idea to stop printed porn.

The plan isn't a one punch plan, it is a plan of grinding down, similar to what they have done with abortion rights, minority voters, and gay rights.

 

[lovecraft68]

Paypal has made its intentions known, and the people fought back. Paypal will fall back but some other company will step forward and try to achive the same results some other way.


The right wants to take us back to the fifties, in birth control, gay rights, and other social issues. At the same time they are pushing power to the rich, they are taking away from the poor. It brings to mind the lyrics of an old rock song,

"You know the preacher likes the cold,
He knows they're going to stay."

There is a lot of truth in those words. Poor people and religion seem to go hand and hand. Where religion holds power, the people are always poor. It is no accident that the one time that the church ruled the world is referred to as the 'dark ages'.

If you feel like this battle is won, I'm afraid you're wrong. Watch over the next few months, somebody will start talking about the interstate transport of obscene materials, or some sort of stupid idea to stop printed porn.

The plan isn't a one punch plan, it is a plan of grinding down, similar to what they have done with abortion rights, minority voters, and gay rights.

Interesting post. Can't say I disagree, but if paypal was the first salvo, then the people watching saw that there will be a fight so we'll see where that goes.

For me someone like Santorum getting in could certainly speed up your idea, Mr. God boy himself.

hell I don't believe in God if he wins I may be deported.

 

[BuckyDuckman]

I read the Forbes piece against Paypal's decision and thought it was spot on with how nebulous PP's terms were. As a former broadcaster, I follow censorship issues and First Amendment rights with a keen eye. Of course, there isn't a First Amendment in the private sector - which means companies like PP or whomever can set whatever rules they want, leaving the rest of us with the choice of "Well, don't do business with them." Or, regulation/reform by shareholders.

This gets to be a real gray area of the law. When does a company have an ad-hoc monopoly of the marketplace? Much like the battles Microsoft fought against the EU about Internet Explorer a few years back, I believe PP has a similiar ad-hoc monopoly that bears greater attention. American broadcasters have dealt with these issues for years when it comes to phrases like "serve the public trust" and "community standards." You see, there are only so many broadcast licenses to go around in any one community - so, the government (through the FCC) believes it has the responsibility to regulate in a way print publishers have never had to endure.

It's a slippery slope to say we should regulate big business for the greater good, but how else do we ensure that the rights of the many aren't trampled beneath the oversized footsteps of the pinheaded few?

Meanwhile, I'm an active member of the ACLU - and while I don't agree with their every position, they hit enough sweet spots that I respect the opinions I don't agree with.

 

[sr71plt]

It's a process, not an event. And, having publishers, I let them take care of it. I was writing during this round rather than signing petitions under fake names and running around like a chicken with my head cut off. The Visa element did turn up to either be a false reason or it was, in fact, Visa rather than Paypal that blinked and then repapered their actions. Who knows? It doesn't change that it wasn't censorship; it was business choice, that was happening--and can happen again. My point from the beginning was that folks were spinning wheels misidentifying what the issue was.

Incidentally, although Smashwords has backed down, as of this morning ARE and Bookstrand haven't.

 

[R. Richard]

There are people in business and/or in society whose reason for existing seems to be either forcing others to do what the people want or preventing others from doing what the people don't want. I suspect that PayPal has some of those kind of people on the [mis]management level. JMHO.

 

[lovecraft68]

Taking this in another direction I wonder how paypal now publicly changing their policies to accept "all legal fiction" may effect other markets.

I doubt this would happen, but seeing Amazon and Paypal/E-bay are bitter enemies, I wonder if this could cause Amazon to look again at allowing incest and certain other "questionable" content back onto amazon rather than remove it because 1 person out of every 5,000 that visits the kindle store complained about it.

More likely than not, No. Amazon got high and mighty claiming they would never cater to censorship, but that lasted for a very, very short period of time. But hey, one never knows.

 

[mikey2much]

Fox news is reporting this

Fox says that Paypal is going after gambling now, saying that they don't want their clints using their service for gambling. They are making their clints sign a form that they won't use paypal for gambling or for any service that requires a entry fee and gives a prize.

These people should be running a sunday school instead of a payment service.

 

[sr71plt]

Boy, it's a good thing you didn't go all the way in misspelling "clients."

and drop the "n" too.

 

[PennLady]

Fox says that Paypal is going after gambling now, saying that they don't want their clints using their service for gambling. They are making their clints sign a form that they won't use paypal for gambling or for any service that requires a entry fee and gives a prize.

These people should be running a sunday school instead of a payment service.

Since the US has outlawed internet gambling, I can't say I object to PayPal making sure the service isn't used for it. Presumably there could be legal ramifications.

 

[lovecraft68]

Boy, it's a good thing you didn't go all the way in misspelling "clients."

and drop the "n" too.

Freudian slip perhaps.