The more you know, the more it sucks.

Ingrams availablity = they can be ordered by individual stores but the books aren't actually SOLD to various chains and stores. In this case the bookstore has to go looking for the books, they aren't presented as they are with distribution.

Right, but also in the case of Ingrams, is it not also a well known ordering channel with a return policy?

I think that is the most important thing I heard about Ingrams.

Because several managers I talked to knew immediately they could order the books I showed them from Ingrams unlike a direct from the publisher deal which most stores I was told just will not do as policy.

There’s a significant difference between having distribution and simply being available to be ordered through Ingrams.

Distribution = a sales force selling the books to the chains and independents. Once the sales are made, the books are sent out etc. Almost all of the Big Publishers have their own sales force.

Ingrams availablity = they can be ordered by individual stores but the books aren’t actually SOLD to various chains and stores. In this case the bookstore has to go looking for the books, they aren’t presented as they are with distribution.

This publisher never had a sales force presenting the books – not even for a day. They did have in house accounts with Borders and Borders would order directly from the publisher but its not the same as proper distribution. The bookstore would order X number of copies of a book but there was no rhyme or reason as to what stores they went to.

As for EC not filling orders properly – this part is true. For example – A store might order 100 books from 10 authors and if there were only 98 books in the warehouse, they’d send the 98 books and wait on the remaining titles. Now if the books are shipped out in a timely fashion, this isn’t an issue – but the publisher took unreasonable amounts of time to fill the orders.

With Borders, the invoice for the order doesn’t go into their payment system until the 100th book arrives. Its very easy to see how this pub got into a bad spot financially if they didn’t fufill their orders in a reasonable amount of time. Borders is notoriously slow to pay anything so it might take a six months or longer to see any money from them.

The Comic Book industry works on a no return basis. Unfortunately…that means comic book stores are dropping like flies. They can't afford to order a title, display it, and NOT have it sell. It's just too expensive.

You also can’t return books to comic shops; I mean, you can if the copy itself was defective, but aside from that, you can’t. You can usually trade it in for store credit at a much-reduced price though.

No returns to publishers generally means no returns for consumers, either.

(You probably know that, Jade, I’m just using your comment as a springboard.)

A lot of the smaller game companies deal direct with the stores. The store that is willing to special order a game from a smaller company often then gains a customer for life.

When the company says ‘your minimum order is 1′ the store is a lot more willing to take a chance on a new product, especially when they’ve already sold X,Y and Z in the same line as special orders. *grins*

Those publishers who are willing to deal with the comic/game stores find that the stores are often willing to let authors carry in stock for signings (If the book fits their store). They often view such an event as ‘found money’…

I have always thought that the contract claim was the hardest to prove and the easiest to dispose of from a motion standpoint because if Borders was abiding by the terms of the contract (and EC hasn’t alleged any specific act of breach) then there would be no breach.

I had not thought of the parole evidence defense though.

I went to a Waldenbooks I’d had a signing at maybe six-eight months previously to check on my titles and was told that neither of my books were in their computer as being orderable in any way, shape, or form and to contact the publisher. (this would have been March-April ish 2008). To be honest, I shrugged it off, but that was my experience.

But then again, I’ve quit buying books pretty much at any B&M store since I have the free shipping with Amazon.com. I more than get my $79/year worth in free two-day shipping. LOL! :)

The only EC books I’ve bought have been at author signings. I can’t recall seeing many in bookstores.

I think the return model of publishing is one of the worst in retail (though the policy of some garment manufacturers sharing the loss when items don’t sell is about as bad).

What I’d like to see come out of this are more publishers establishing a no return policy and bookstores being more prudent in ordering. The consignment model fills huge warehouse sized spaces with lots of glossy items – but how many times have any one of us left a bookstore after browsing not having found anything to our liking? I’d like more diversity or smarter ordering choices.

Honestly, I’m not buying that new bestseller in the stores (now at our local Borders at full list price) when I can get it on Amazon at maximum discount. What I’m looking for in stores are new must-have midlist books.

What’s the legal grounds for dismissing?