eBook Publishing at Lulu.com

I recently wrote a book proposal for class that involved listing details of publishing and marketing campaigns.  The proposal was put together with the intent of presenting it to a potential agent, but the assignment also made me think about the self-publishing route.  One of the Print on Demand / Self-publishing options I found was through the website Lulu.com.  Since this blog has more of a technological base, I’ll take a look at the eBooks option. 

Lulu has a process outlined on their site consisting of 6 steps: Learn More, Upload a File, Create a Cover, Describe Your eBook, Pick a Price, and Promote Your eBook.  Learn More has helpful information on the different type of eBook formats, and there is a comprehensive manual available in the form of the Lulu’s eBook CreatorGuide.  Once you follow the steps of uploading a file, getting an ISBN, and you’re ready for the digital marketplace, Lulu offers marketing packages to help you be seen in the competitive world of eBooks.  Publicity packages include monthly book publicity campaigns, and extend to book reviews, posters, postcards, and marketing consultation services. 

While I find this service interesting, I want to check out the community section a bit more before I make the decision to commit to any contracts involved with publishing my intellectual property through a website.  I also need to consider my pricing, considering this would be my first title.  What is reasonable to expect for a first title?  I may call a Lulu sales representative to set up a consultation, and if I do, I will provide a follow up blog.  One thing is for sure, I feel closer than ever to publishing a fictional piece after completing a book proposal.  I think even authors looking to self-publish should put together a proposal for the sake of organizing your thoughts and making an effort to see how your work relates to the bigger picture.

Legal Podcasts

For a legal themed post, I listened to a few podcasts by Gordon P. Firemark, Esq. on his Entertainment Law Update website. Firemark discusses a number of copyright related issues, which I found particularly helpful in relation to my business plan.

The first podcast I listened to contained a discussion of the website Megaupload and its legal issues with Universal Music Group. Megaupload sued Universal Music Group following a takedown of a controversial music video uploaded to YouTube by Megaupload. The video contained a number of Universal Music Group artists, and was pulled based on contract details with YouTube. Firemark argues that this case highlights an issue in the system that allows labels to take down content at will. There is no system for an independent look to be taken at content by YouTube employees before it is removed, and the labels have access to take down materials directly. He went on to reference another issue that happened in the rap community in which a flagging algorithm was used to tell if an unauthorized user uploaded a song. Two rap artists performed different lyrics over the same instrumental, which they both obtained licensing to do, but since one of the artists was a Universal Music Group artist the other artist’s song was flagged and removed.

The Megaupload issue could potential apply to my business because episodes of Discover Wisconsin often license instrumental interludes as backing music. If the same flagging system for content used on YouTube is one day applied to mobile app content, then it would be important to make sure none of our content is at issue if another company happens to use the same audio track.

The next recording I listened to dealt with Universal Media Group again, this time with their dispute against the website Grooveshark. Grooveshark, owned by Escape Media, had a complaint filed against it based on the way the site runs. Users upload their music library, and then any user can listen to the tracks for free. Grooveshark has an ad network, and then offers a premium version without ads. Universal Music Group claims Grooveshark is a pirate website, and streams unauthorized content. They also claim that employees have uploaded over 113,000 songs to the site, and even listed names of employees in the complaint. This fact was based on a blog comment that stated employees are assigned a number of songs to upload each week. The employees were generated content since the site was new, and they wanted to have content available to their new users, but it’s interesting to hold them differently accountable since they are both employees and users.

My company may need to upload content to the mobile app before we have any user-generated content. Given that Grooveshark’s employees are listed in this complaint, I think it will be in our best interests to make sure any content employees upload is content copyrighted by the company, and not anything taken from other websites, be it text or image content.

The last podcast I listened to dealt with a nostalgia company using depictions of Wizard of Oz characters. Some believe that the characters from The Wizard of Oz are outside of copyright protection due to the fact that L. Frank Baum wrote the original book in 1900. However, Warner Brothers made the famous film in 1939. The nostalgia company in question acquired old posters from the movie, then took images out of the ads and put them on shirts, lunch boxes, cards, and other materials. Warner Brothers sued, and eventually the 8th circuit court ruled that features of film characters could be copyrighted, even if they are based on prior work. The scope covers all other visual representations, even advertising materials.

One potential concern this makes me think of is the fact that Discover Wisconsin features places of business in the episodes. If we used a picture of a business’s advertising materials, or recreated those materials, we could potentially get into trouble if we didn’t work out an agreement first.

Legal Issues in Technology

What happens when your online money is stolen? The virtual currency company Bitcoin suffered a malicious attack, and $228,000 was stolen from customers. Bitcoin is making updates to their program to make it more secure, but I can only imagine this breech will make new users hesitant to join, and current user consider removing their funds from the service. Bitcoin trading service Bitcoinia stated they are “committed to absorbing any loss” as “the thief stole from us, not you.” How about their legal commitment when getting involved with other people’s money?

Should the FCC be allowed to shut off cellphone and Internet service in cases of public safety? Recently there was an instance in San Francisco where the Bay Area Rapid Transit disrupted cellphone service in order to stop planned protests. Now the FCC evaluating itself to see if it has the authority to take actions in matters that might require communications networks to be turned off. If the FCC is indeed allowed to pull the plug on cellphones and Internet services, it will mark a landmark decision in government jurisdiction over the services of private companies.


An interesting trend on the rise in the world of videogames is the notion that a videogame can be a service. Considering a game as more than a good invokes issues of copyright law and software ownership, which means users may have to accept license agreements similar to those found on computer software before they can enjoy a game. It also means they don’t actually own the game, since they are only licensing it. But how many gamers will think about games in this manner? If you spend your hard-earned money on a video game, it is natural to think that you own it, and that you don’t have to abide by an end-user licensing agreement. I expect some new legislation to be developed in the near future related to video games as services.


The last liability issue I want to look at is when problems arise in the IT field. A study shows that more often than not it is the vendor that takes the blame for faulty IT. Even if internal staff at a facility is the actual cause for the problem, the blame still gets back to the vendor. I think this presents a major problem for manufacturers, as there is no way to account for all the possible misuses of a product once it’s implemented, possible sabotage, or problems that arise from shared materials. It would be in a manufacturer’s best interest to include clauses in a vendor contract that would exempt them from liability in situations not related to the actual functionality of the product.

Make Money Watching TV With Viggle

I recently signed up for the new mobile app Viggle that awards you for checking in to TV shows. I thought it was a cool idea, and one was new to me. The way Viggle users are awarded points is by amount of time spent watching shows, and through featured shows. There are featured shows that give you a certain amount of points, for example The Simpsons is valued at 325 points, and the Walking Dead is valued at 300 points. Otherwise a user receives 120 points for each hour of television watched. Points are given at the end of a show, and if you check into a new show partway through the episode you are awarded for the amount of minutes you spent on the previous show.

When you sign in, you set your location and television provider so that Viggle can recognize the programming in your area. The “Check In” button then scans the audio of the show playing, similar to Sound Hound and other apps, then asks you to confirm the selection it pulls up. I have had a few instances where the audio feature didn’t work due to background noise, but then I was able to manually check in by typing in the name of the show. Viggle also lets you check into shows you have recorded through DVR.

Viggle gives rewards of gifts cards - $5 gift cards at 7,500 points, and $10 gift cards at $14,000 points. Some of the companies participating in the Viggle rewards program are: iTunes, Barnes & Noble, Burger King, Sephora, Foot Locker, Lowe’s, Papa John’s Travelocity, and Target to name a few. There are also higher tiers of prizes. Amazon is giving away a Kindle at 175,000 point mark.

Viggle recently acquired the company Loyalize as a means of real-time audience engagement. During the Grammys users were able to participate in polls and voting as a means of earning points. Users can also discuss the shows they’re watching through the “Latest Chatter” feature, which is a comment stream that users can also choose to share through Facebook or Twitter.

I’m already at almost 6,000 points, and I can’t wait to start getting some gift cards!

The Super Bowl Streamed for the First Time

I decided to do a post about streaming video for today’s post. Specifically, the streaming of live video feeds is of particular interest to me, and with the Super Bowl being streamed for the first time ever tonight, I thought it would be a good topic to search up on.

It took a lot to get the licensing of the Super Bowl on mobile devices, as well as a lot of technical work. One thing to note is that the event is only available through Verizon customers with NFL mobile, and also only for specific versions of the Android platform. It is also recommend to do the stream through a wireless connection for best viewing results. This makes sense, as many people are most likely trying to view the event, causing lots of strain on anyone attempting to view through 3G or 4GLTE. There are also a number of unofficial streams out there for those that can’t view the official sources, but the NFL has been cracking down on these mediums.

However, it is expected that most NFL games will be kept off the internet for the foreseeable future. There is still a lot of money in network television, and also a lot less revenue in airing online ads. NBC is banking on most online viewers already watching the game on TV, and only tuning in online to receive bonus material. Don’t expect the quality of sports related video streams such as this to get better anytime soon either, as network television has plenty of money tied up in keeping the games on TV only.

So while this year’s Super Bowl being streamed online may be more of an experiment than the new norm, I think it presents an interesting view of what the future may potentially hold. Networks will have to figure out how to make online streaming more cost effective for them before they give up TV broadcasts, so expect to see more and more subscription fees before it becomes a format that users can tune in to for free as they can with TV.

Negotiation Interview

For my negotiation interview, I spoke with Todd Maahs, Director of Partner Relations, at Discover Mediaworks. Todd has many years of experience in sales and client interactions, and had a wealth of knowledge on the topic of negotiating.

DR: Thanks for meeting with me, Todd! The first topic related to negotiations is dirty tricks. What are your thoughts on dirty tricks?

TM: In my opinion, dirty tricks don't work. But there are tricks, they are real, and you have to be ready for them. One of the tricks that I’ve used myself is the assumptive close. At the end of the conversation, talk like the deal is already done. Don’t say that it will be, or it could be, use terms such as “when this is done” or “once under way.” You talk about it as if the decision is made.

Another trick I use is if I can’t close the sale right then and there, I always schedule the next meeting while I have them. Don’t ever walk away without a meeting set up to try again. This puts things back in my control, and it gives me the timing advantage, setting me up for the actual negotiation. I’ll also do the opposite and say I’m not available, or out of town and will have to get in touch at a later date.

It all comes back to doing business in person. A face-to-face situation is more than just a proposal sent over email or phone – it’s really easy to say no to that. But if you drive out to see somebody, you have what I call “skin in the game.” You have that sense of guilt going out of your way to see somebody in person creates.

DR: Great insight! What are your thoughts on negative emotions that come up during a negotiation?

TM: I like to get a good understanding whenever negative emotions arise. Knowing exactly where the other party stands helps me figure out ways they would be happy. A bad deal is when both people are unhappy. The best deal is when both are happy. And make sure it’s a sincere understanding – don’t put words in their mouth. Also don’t rush – people need time to think, so give them time to think. Wait longer if you have to. The awkward silence will eventually make them say what’s on their mind.

DR: What are your thoughts on industry standards when you are making sales?

TM: Well, I don’t necessarily compare price as much as services. Discover Mediaworks is often compared to a marketing agency, but an agency doesn’t offer anywhere near the services our potential clients have access to. I try to make an apples to apples comparison as opposed to making a comparison to an orange. Your quality and expertise is an intangible, so I try not to let the price points of other companies factor in too much. However, when I’m on the east coast I recognize that we have a mid west price, so price factors in more in that situation.

DR: How do you use leverage and power to your advantage?

TM:

I like to use a sandwich technique that involves the company president in the negotiation. What we do is the president will work with the president of the company we’re meeting with, and then I’ll meet with the people actually doing the work. We’ll leverage them against each other, but at the same time I’m aligning what they’re looking for. This leverages their trust, and they end up agreeing to what we propose.

DR: Thanks, and I appreciate you taking time for this interview! Any last comments?

TM: Mutual benefit is the single most important aspect of a deal. Sincerely consider not doing the project if it isn’t mutually beneficial.

The Facebook Millionaires

The Facebook Millionaires

With the upcoming Facebook IPO, there is much speculation as to the potential creation of thousands of millionaires. Facebook is expected to debut on the market at $100 billion dollars in 2012, which makes me wonder what other numbers are at play that we aren’t seeing.

How much revenue does Facebook need to account for executive compensation and employee wages? Facebook had around 700 employees in 2008, and currently employs over 3,000. Not all employees will get equal shares either, and one downside to going public is that all executives will need to include the amount of shares owned in quarterly reports. There may be dissent among the company once this information is released, and only time will tell if a restructuring of the company is necessary. Current investors will have a vested interest in making sure everything goes smoothly, and may be the deciding factor in the future of the company.

This makes me wonder how our experience as end users will change. Can we expect to see more invasive advertisements because it’s what stockholders want? Will our status updates and fan-page comments be considered fair game when we mention specific products? I also wonder what this means for the on-going privacy issues held against Facebook. How much of a say will the stockholders have in the way our data is used?

Facebook’s IPO is expected to be the biggest tech IPO ever – Google debuted at $1.9 billion as a comparison. I plan to invest, but I’ll see how I feel once next April comes around. A lot also depends on how Facebook offers the shares – they may opt for an auction as Google did in 2004. Pricing most likely won’t be known until the night before it goes public, but definitely keep an eye on this story. If you have a lot of money to invest, this may be something for you to consider. This could be the ground floor of something major, and though there is always the possibility of Facebook becoming the next Myspace, I think it will be a while before Facebook is replaced.