Showing posts with label LendInk. Show all posts
Showing posts with label LendInk. Show all posts

Tuesday, August 14, 2012

LendInk starts crowdfunding campaign to raise $10,000


I just spotted this on my Facebook feed: LendInk's founder, Dale Porter, has launched a crowdsourcing campaign to raise $10,000 and bring the site back online. There are some unanswered questions about the new plan (see comments, below). Nevertheless, the campaign is very encouraging to supporters who were dismayed by the news of LendInk's forced closure last week.

Here's the text of Dale's message on fundrazr: (aside: Kickstarter apparently doesn't handle Web projects):
Lendink.com is an online community created to help readers discovery new authors and books by way of facilitating the legal lending of eBooks via the Amazon.com and Barnes and Noble lending programs. The site was recently shutdown by a group of angry authors who thought Lendink was pirating their books. This was the result of misinformation being spread via numerous online portals and by the time word got out that Lendink was a legit service, the damages had been done and the site taken down due to threats to Lendink and their web hosting company.

We have had hundreds of people write us and offer their support to bring Lendink.com back but in order to do this, we must transfer to a web host capable of handling the increase demands the recent exposure has brought. We also want to have the site worked on in order to better explain the book lending process and ensure that authors and readers alike understand how the site works.

We would also like to have some additional features built into the site such as "Meet the Author" and "Book of the Week".

Unfortunately, we also anticipate further issues from some of the misguided authors that still do not fully understand how the site operates. To this end, we also need to setup a legal fund to hire legal representation.

The success of Lendink is dependent on your donations. If you like Lendink and would like to see the site back online, please consider helping us.

Breakdown of funds needed:

Legal Retainer: $3,000
Hosting (12 months): $1,000
Website Redesign: $6,000
It's great to see that instead of dropping down to the level of his attackers and threatening legal action, or pouring more fuel on the backlash-driven witch hunt, Porter is taking the high road and simply trying to make the site come back to life. So far, he has raised $60, but I expect that number to increase as people discover the campaign.

In addition, I have two questions after reading about the crowdfunding campaign:

  1. Who will handle hosting? Are they equipped to deal with the misguided cease-and-desist letters and DMCA takedowns that brought down LendInk's hosting last week?
  2. Assuming LendInk is hosted anew and new C&D/DMCA takedowns come in, is $3000 enough to handle the legal challenges?


Monday, August 13, 2012

LendInk Witch Hunt, Part II: It's gone too far


Last week, I documented the closing of a legitimate ebook lending service in "What happened to LendInk? The owner responds." The reaction to those authors who had helped bring LendInk down -- either through joining the Internet torch mob or sending "hundreds" of cease & desist letters (and apparently some DMCA takedown notices) -- was characterized by fury and outrage. Here is a sample from LendInk's Facebook page:
"I read nearly every comment on this page. From the countless authors that carelessly destroyed Dale's business, I saw only two apologies. You took something that was designed to help you and was perfectly legal, and smashed it in to the ground. You should be ashamed of yourselves."
The anger is understandable. LendInk owner Dale Porter was providing a community service to readers, and abided by the terms of Amazon's and Barnes & Nobles respective ebook lending and affiliate programs. But his site was driven off the Internet by a baying mass of authors (indie and otherwise) who either:

  • Didn't understand ebook lending (or the terms they had signed with KDP and PubIt)
  • Thought that LendInk needed permission to use affiliate images and links
  • Mistakenly thought LendInk was posting pirated copies of the ebooks
  • Blindly piled on because everyone else was. 

I excerpted one of the comments on my original blog post, but you can see more of them on LendInk's Facebook page from earlier in the month:



The authors who participated in the frenzy are now reaping what they have sown. The criticism is deserved, and many are apologizing on LendInk's Facebook page and elsewhere:
"I was one of the misguided authors involved. Though I didn't send a DMCA, I did come here to this page and ask for my titles to be taken down. For this I am truly sorry though I'm sure it's too little and too late. It's the least I can do. … I feel horrible about the part I played in this and how far it's gone."
Other author apologies are popping up on Twitter, in online forums, on Goodreads, and in the comments section of my blog post. There is also a lot of discussion about what went wrong and the factors that led to this state of affairs.

But for the authors who are silent or unrepentant, a new torch mob has emerged, targeting them for personal attacks and outright revenge.

One of the people who was targeted was an erotic fiction author who left the comment on Kindleboards that I cited in my blog post. She removed the comment from Kindleboards, and later posted this comment, claiming she had been subjected to personal attacks:
"The one who fired abusive comments directed toward me, my books and other writers who were only standing up for their rights, shame on you! Your emails and abusive threats are all accounted for, so please, continue to dig your own hole. Hopefully you will have enough grace to go hide in it, and fester there alone with your hate." 
It went beyond personal attacks. Someone gave her book a one-star review on Amazon, leaving this comment:
"33 Pages? $2.99? Really? from, let's face it, an unknown author. This adds up to... 9 cents per page.  
Additionally, apparently this Author considers anyone who treads on Author's rights to be scum, yet writes Cease and Desist letters for legitimate, fully legal sites because the author is unable to fully read and comprehend what is going on. Lack of reading comprehension, generally is not a trait i look for when seeking out authors to read. I highly recommend you avoid this one both for their over-inflated sense of their own work's value, and for their careless use of DMCA." 
Another person, posting on LendInk's Facebook page, put together a list of authors who had apparently been part of the first mob that slammed LendInk or demanded that their content be removed. After being challenged, the person who compiled the list added:
"They all collectively razed a legitimate business to the ground, leaving a small business owner with nothing but a mailbox full of threats, legal and personal. You don't think that should have consequences?" 
That list, along with more names, was copied to a blog post and expanded. Twitter and Facebook screencaps were added to prove they were part of the original anti-LendInk mob. Commenters joined in to add new names. At the top of the post, the blogger said:
"I will be attempting to add the author’s book pages at Amazon.com and BN.com so you can access what books never to buy in an easier fashion."
Despite the call for a boycott, and a new post that singled out an author who still insisted LendInk was wrong, the blogger claimed "I didn't encourage any sort of retributive action here whatsoever."

Surprisingly, there are even some authors who support retribution. I spotted this comment by a Canadian author on Kindleboards:
"I'm going to say this for what it's worth, and okay, it may be a controversial opinion... I think the authors involved with this deserve every one star rating they get.
They shut down a site that was bringing exposure to authors and providing a service to readers. In a very real way, they took money out of the pockets of authors as well as Dale himself, both for what LendInk was and for what it could have become. And for what? For the idea, the shocking idea, that someone, somewhere, might have gotten a copy of their book for free.
Not 'they did get a copy'. 'They might have gotten a copy'. They attacked LendInk without even knowing for sure that their livelyhood had ever been harmed.
If they had done any kind of due diligence, they would have seen that the lends went through Amazon's and B&N's systems, and it was not on LendInk if the books were not supposed to have that functionality. If they had done any kind of due diligence, LendInk would still be online. 
On top of that, it's one thing to destroy a legitimate business because it could be used for piracy, but it's quite another to destroy a legitimate business because you can't tell the difference between that and actual piracy. As far as I'm concerned, any of these authors that still maintains they did the right thing needs to get slapped around with bad ratings - there is no other way, realistically, for the community to punish them. The ones that apologise? It's good that they're willing, but they're not owed forgiveness from anyone, and if they continue to catch flak for what they did, then so be it (though they have my respect at least)."
As I said earlier, the offending authors deserve criticism for their actions. They should at least apologize to LendInk owner Dale Porter, and do whatever they can to right the wrong. But I am very disappointed to see a new witch hunt taking place, that has escalated to personal attacks, demands for "punishment" and "consequences", and bogus one-star reviews. It's a sign that mob mentality is taking over -- ironically, the very thing that helped bring down LendInk in the first place.

Things have gone too far, people. Let's keep the discussion going, but please end the vitriol and extreme actions that do nothing to help Dale and his business.

Wednesday, August 8, 2012

What happened to LendInk? The owner responds.

(Updated with comments from LendInk's Dale Porter, below. Several authors who originally opposed LendInk have responded in the comments section, below. I have also written a follow-up post, "The LendInk Witch Hunt, Part II: It's gone too far", which is linked from the bottom of this entry.

LendInk is no more (Update: It's back online, see note at the bottom of this page). The site, which matched up people who wanted to loan or borrow e-books, featured an easy-to-use interface (see screenshot, below). When a match was made, the parties were sent to Amazon or BarnesAndNoble.com to complete the e-book loan.

Loaning certain Kindle books in this manner is allowed per the Amazon lending terms and the rights outlined by the publisher. Here's how the Amazon help page describes the arrangement:
Kindle books can be loaned to another reader for a period of 14 days. The borrower does not need to own a Kindle -- Kindle books can also be read using our free Kindle reading applications for PC, Mac, iPad, iPhone, BlackBerry, and Android devices. Not all books are lendable -- it is up to the publisher or rights holder to determine which titles are eligible for lending. The lender will not be able to read the book during the loan period. Books can only be loaned once, and subscription content is not currently available for lending.
As an author (my books are in the how-to space, addressing topics such as what is Dropbox, What is Google Drive, and more), I don't have any problem with this type of lending service as long as it's not abused.

However, there are many publishers and independent KDP authors who did not understand loaning and lending on Amazon's Kindle platform. Others wrongly assumed that the titles appearing on LendInk were pirated. Here's how one angry KDP author reacted:
I noticed my work there and sent the site a Cease and Desist Notice, giving them 48 hours to remove my work or face prosecution. They were in breech of copyright and deserved to be shut down. Am I proud they have been shut down? Am I proud to have stood up for my legal rights as author? You betcha! If they were a legitimate site and had written consent from each and every author to display their work for free (forfeiting their royalty income as a result) then I doubt very much that the site would have suddenly disappeared overnight. I am tired of plagiarism, book piracy and cheap-*ss scum bags who won't part with a measly $2.99 or $4.99 to support authors and show respect for their hard work, not to mention the graphic artists, editors, photographers who also contributed to the birth of an author's ebook.
Although not legitimate, hundreds of C&D letters and other complaints helped kill LendInk, according to LendInk's Dale Porter (see my interview with him at the bottom of the page). Dale also posted the following explanation of what happened on several forums:

My name is Dale Porter and I am the owner of Lendink (or what's left of it). I can say without hesitation that Lendink was not a pirate site, we did not store, transfer, lend or publish any ebooks, period! All we did was attempt to provide a means for people that enjoy their ebooks to meet other like minded people and share their "lend" enabled ebooks. The lending process was completely handled on the Amazon or Barnes and Noble websites.

Lendink was operated solely by myself and operated the last couple of years with absolutely no income.

There is a lot of misinformation on the internet claiming that we hosted ebooks illegally, that Amazon did not allow us to lend ebooks, etc. Let me try to address some of those here.

Amazon did not allow us to lend ebooks. This is a 100% true statement and the fact of the matter is, Lendink did not nor did it ever attempt to lend ebooks. All we did was put person A in touch with person B and redirected A and B back to Amazon or Barnes and Nobles where the actual lending took place.

Lendink was hosting ebooks illegally. This statement is 100% false. We never hosted any ebooks on our servers. We attempted to dispell this rumor on our FAQ page and for those that actually read the page, it usually cleared up the misunderstanding. For those that did not read the page, all I can assume is that is simply doesn't matter at this point. No amount of explaination would have satisfied the vultures looming over head.

The Lendink website is down, this is proof they were pirating ebooks. Really, this is proof that we were pirating ebooks? The fact of the matter is that our host company was so overwhelmed with hate mail and threats of lawsuits that they felt they had no choice but to suspend the site. These hatefull people did nothing but harass and threaten Lendink and our host company to the point that it just didn't make sense to keep the site online. For those of you on this site that are patting yourself on the back for bringing Lendink down, shame on you. I only hope at this point that you see the same results with your books and your writing career.

Amazon dropped Lendink as an Affiliate due to digital rights violations or new digital rights laws in California. This is 100% false. Lendink is a California based company and as such, was cut off from earning money from sales when Amazon and the State of California disagreed over the collection of State Sales Tax. Amazon cut off all of their California affiliates from earning money via their affiliate program. It was not just Lendink. This only prevented us from earning money via Amazon. It did not however stop use from matching people for book lending.

I am simply a hard working guy that was trying to provide a legit service. Let me ask you all this, if I truley intended to use Lendink as a pirate site would I keep my contact information clearly associated with the site? Would I form an LLC and run the site as a business? Would I actually take the time to file for and receive a Federal Trademark for the site? These are not the actions of a person bent on stealing other persons intellectual property. The site had been negelected the past year or so and this was due to health issues related to my service connected injuries. Working a fulltime job to pay the bills and health issues just took their toll on me and unfortunately the site suffered. My plan was to ride out the Amazon vs. California Sales Tax dispute and then pick up when I was able to make some income from the sale of books. Sadly, it appears that my American Dream has been left as road kill at the hands of misguided individuals.

I contacted Dale with some follow-up questions, and he sent the following replies:

Who was threatening lawsuits? Was it authors, publishers, Amazon, other rights holders?

Dale: "At this time, the host company is only advising that they have received hundreds of threats regarding possible lawsuits if they did not take Lendink.com down immediately. I do not know personally if it was a result of authors, publishers, Amazon or other rights holders. I have not personally been in contact with anyone other thaan the host company. I do however have a certified letter awaiting my pickup at the post office which is from a company called Noble Romance."

How many people were using the site per month before it was shut down?

Dale: "At the time the site was suspended, Lendink had 15,000+ register users. Not bad considering the site has been on auto pilot for a year or so due to my health issues."

How did you make money from the site?

Dale: "When I purchased the site, I was an Amazon Affiliate and the hopes were that I could make extra income selling books as an affiliate and then earn a little extra from advertising. Unfortunately, shortly after I purchased the site, Amazon and the State of California had a large dispute over the collection of Sales Tax and in response, Amazon cancelled all California Affiliates. This meant I could not make money from selling the books but it did not prevent me from matching people that wanted to lend their books according to the terms set forth by Amazon and Barnes and Nobles. Since that time, I have not made any income from Lendink.com. It was kept alive in the hopes that Amazon would some day open up the affiliate program to California businesses again."

What other communities/sites are offering similar matching services for loaners/borrowers of ebooks?

Dale: "I know of a few sites such as Lendle.me, the Kindle Book Club and a few others. Many of the site owners contacted me when I first purchased Lendink to wish me best of luck. We never really consider each other as compteitors or business rivals. We all enjoyed ebooks and simply wanted to provide a service to others."

Dale also offered this comment:

"The hosting company has offered to reinstate Lendink.com on the condition that I personally respond to all of the complaints individually. I have to say, I really do not know if it is worth the effort at this point. I have read the comments many of these people have posted and I don't think any form of communication will resolve the issues in their eyes. Most are only interested in getting money from me and others are only in in for the kill. They have no intentions of talking to me or working this out. So much for trying to start a business and live the American Dream."

Update 8/10: Lots of people would like to contact or help Dale. I would suggest doing so through the LendInk Facebook page, which contains additional discussion about what happened.

Update 8/13: I have written a follow-up post, LendInk Witch Hunt, Part II: It's gone too far.

Update 8/14: Dale has started a crowdfunding campaign to bring LendInk back online.

Update 8/26: Lendink is back online!




Here is a screenshot of the original LendInk service:

LendInk book loan

The message now seen on LendInk.com:

LendInk suspended