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      A Case for Openness – Book Publishing and the Role of Amazon

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          Abstract

          The presence of Amazon is ubiquitous, especially in the online bookstore and e-book market. The introduction of the “Kindle” further cemented Amazon’s dominant position and business model in the market, having negative implications for authors, publishers and consumers. Publishers have less control over setting the price to have access to Amazon’s customer base. This will affect the authors’ remuneration and attribution. On the other hand, Kindle users are locked-in consumers, limited to Amazon’s e-book offering. This not only affects consumer choice but also reinforces Amazon’s market power due to the significant network effects. The European Commission attempted to increase competition in the e-book market by banning most-favourite-nation clauses, but this has seemingly failed. This article advocates for enforcing the Kindle’s interoperability with the e-book formats of other e-book providers. The proposed approach is beneficial for publishers as well as consumers. It safeguards copyright aims while alleviating the contractual constraints imposed by Amazon. Furthermore, consumers would benefit from broader flexibility when using their Kindle, allowing them to store and read e-books from the provider of their choice.

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          Most cited references34

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          E-books: A Tale of Digital Disruption

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            The Agency Model and MFN Clauses

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              Creative Industries – Contracts between Art and Commerce

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                Author and article information

                Contributors
                a.kreutzmanngallasch@deakin.edu.au
                simone.schroff@plymouth.ac.uk
                Journal
                IIC Int Rev Ind Prop Copyr Law
                IIC Int Rev Ind Prop Copyr Law
                Iic; International Review of Industrial Property and Copyright Law
                Springer Berlin Heidelberg (Berlin/Heidelberg )
                0018-9855
                2195-0237
                2 March 2022
                2 March 2022
                : 1-25
                Affiliations
                [1 ]Ph.D.; Lecturer, Deakin Law School, Melbourne Burwood Campus, Melbourne, Australia
                [2 ]GRID grid.11201.33, ISNI 0000 0001 2219 0747, Ph.D.; School of Law, Criminology and Government, , University of Plymouth, ; Plymouth, UK
                Author information
                http://orcid.org/0000-0003-4066-5712
                Article
                1159
                10.1007/s40319-022-01159-w
                8889052
                96829f55-ea6f-4e07-b27a-816c4869df86
                © The Author(s) 2022

                Open AccessThis article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence, and indicate if changes were made. The images or other third party material in this article are included in the article's Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the article's Creative Commons licence and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/.

                History
                : 27 January 2022
                Funding
                Funded by: Deakin University
                Categories
                Article

                article 102 tfeu,eu competition law,interoperability,abuse of dominance,amazon,e-book

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