How Harriet Klausner's Amazon reviewing scam works.

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strictlytopsecret

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Wait - there was public confidence in the reviews posted on Amazon?

If there weren't, there wouldn't be an industry devoted to generating and selling reviews on everything from books to baby bottles :)

I recently saw a television commercial for a company called "reputation.com" that provides a service that seems (at least according to the commercial) only to move "bad" or "inaccurate" information/reviews off the google front page and replace them with whatever they company perceives to be "truth".

We live in interesting times.

~STS~
 

Filigree

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The entire juggernaut of SEO and 'reputation management' runs off these not-quite-scams. The companies contacting me don't seem to understand or care that I do *not* want 300,000 hits to my blog every day. I want my very small target audience, and I'm getting there on my own.

As far as 4 and 5 star reviews on Amazon, so far they seem to be an approved marketing tool no matter their source. A coherent, well-argued review from a total stranger has as much critical weight as a gushing message from someone's Aunt June. Right now, there's no reason to change.

Klausner may get her conveyer belt of ARCs shut down, but her review system will probably remain. A pity, because she does muddy the waters with inaccurate reviews.
 

Jess Haines

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The what codes?

I recall hearing of some court ruling years or maybe decades ago - a publisher sued someone for selling ARCs. The ruling was that they were legal to sell AFTER the book was first published, based on First Sale Doctrine.

Here's something:
http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01854.htm
The third paragraph says:

The publisher did not SELL the ARCs to the reviewers, but is claiming to have loaned them, thus (the argument goes) it did not transfer a licensed copy - it only "licensed" ARCs for reading, and the publisher retains (or at least claims to retain) ownership. Thus it's technically illegal to give away an ARC.

It has certainly been a legal question, though this second link seems to say (for CDs) it is NOT illegal, but doesn't seem to address selling the item BEFORE the publication:
http://www.linkedin.com/answers/law-legal/corporate-law/contracts/LAW_COR_CON/153893-3412433
https://www.eff.org/press/archives/2011/01/04-0

Pardon me, I was in a rush when I typed up that post -- CP = shorthand for Civil Procedure.

Thanks for the link, BTW.
 

BardSkye

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I actually can read three books a day and write an honest review of them. Where do I apply to get paid for doing so?

Bah. Anywhere there's the possibility of making money, there will be scammers. Thanks for the links; interesting topic.
 

James D. Macdonald

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I recently saw a television commercial for a company called "reputation.com" that provides a service that seems (at least according to the commercial) only to move "bad" or "inaccurate" information/reviews off the google front page and replace them with whatever they company perceives to be "truth".

Whether they can actually provide the service they advertise is another question entirely....
 

MichaelZWilliamson

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There was a post about her selling them several years ago. No one seems to actually be stopping her.

I was quite pleased myself, to see an ARC of one of my books go on eBay for $125, two weeks before release.
 

benbradley

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If there weren't, there wouldn't be an industry devoted to generating and selling reviews on everything from books to baby bottles :)

I recently saw a television commercial for a company called "reputation.com" that provides a service that seems (at least according to the commercial) only to move "bad" or "inaccurate" information/reviews off the google front page and replace them with whatever they company perceives to be "truth".

We live in interesting times.

~STS~
I've heard the ads on the radio. There's no real legitimate, PUBLICLY KNOWN way to manipulate Google results. The website/SEO company for JC Penny was doing something interesting a while back, but Google fixed that shortly after the story broke.
Whether they can actually provide the service they advertise is another question entirely....
I presume they do SOMETHING - people such as doctors especially, who could lose business because of bad online reviews, would be interested in such "services." I'm wondering if they send "tone letters" to sites with reviews against their customers, threatening to sue if the reviews aren't taken down.

With that, I see a market for anonymous review sites about US businesses, with the servers located in Russia.
 

Tedium

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Personally, I wouldn't have an issue with her selling ARCs if her reviews didn't suck so hard. If she was at least taking the time to give an honest and insightful opinion, I'm sure people would care less about what she was doing with the books.

It's hard to say that what she's doing isn't a big deal when she is muddying the waters as much as she has.
 

Ketzel

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When a publisher provides an ARC to a reviewer in exchange for a review, the custom of the industry is, in effect, to transfer ownership of the ARC itself to the reviewer, not to lend, lease or license it. (I'd be curious to know if any publisher ever made a consistent practice of attempting to retrieve all the ARCs it sent out.) That means that if a publisher doesn't want a reviewer to sell an ARC before the date of publication (or at any other time) the publisher needs to have, and enforce, a written agreement to that effect with the reviewer. Stamping "Not For Resale" on an ARC has about as much legal/practical effect as writing "For Deposit Only" on a paper check.

The ethics of selling ARCs in the absence of an agreement not to is debatable, but there's nothing illegal about it, AFAIK.

[My opinion only; not intended as legal advice to anyone.]
 

veinglory

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The fact that many are stamped "not for resale" suggested that some publisher may not agree with that interpretation.
 

James D. Macdonald

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I presume they do SOMETHING - people such as doctors especially, who could lose business because of bad online reviews, would be interested in such "services." I'm wondering if they send "tone letters" to sites with reviews against their customers, threatening to sue if the reviews aren't taken down.

That's exactly what they do.

Perhaps the best-known case is of the family of a young lady who was killed in an automobile accident, who hired just such a firm to get the photos of her mangled body off the Internet.

The very first link you get, today, when you Google on her name is those photos.
 

Ketzel

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The fact that many are stamped "not for resale" suggested that some publisher may not agree with that interpretation.

It's more likely their attorney suggested they "belt and suspender" the agreement with the reviewer by making it clear to the public that the ARC is intended to be to be unsellable in the publisher's view. It doesn't give any more legal protection beyond the agreement itself, but it may make some buyers uncomfortable enough to refrain from buying. And in cases where the publisher didn't have a written agreement with the reviewer but tries to sue him or her for selling the ARC anyway, it's some evidence that there was an unwritten agreement between the reviewer and the publisher not to re-sell the ARC. But it's weak at best - a classic example of the Yogi Berraism that "an unwritten agreement isn't worth the paper it's printed on."
 

benbradley

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That's exactly what they do.

Perhaps the best-known case is of the family of a young lady who was killed in an automobile accident, who hired just such a firm to get the photos of her mangled body off the Internet.

The very first link you get, today, when you Google on her name is those photos.
Aha, it's the Streisand Effect at work.
 

veinglory

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It's more likely their attorney suggested they "belt and suspender" the agreement with the reviewer by making it clear to the public that the ARC is intended to be to be unsellable in the publisher's view.

All I said is that some publisher have a different view. As a reviewer I focus on my what my explicit/implicit agreement with the parties is, and my personal ethics. Rather than just assuming anything not illegal is okay to do. And I can't think of a single case where a publisher tried to sue a reviewer for selling an ARC. Can you name one?
 

Ketzel

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All I said is that some publisher have a different view. As a reviewer I focus on my what my explicit/implicit agreement with the parties is, and my personal ethics. Rather than just assuming anything not illegal is okay to do. And I can't think of a single case where a publisher tried to sue a reviewer for selling an ARC. Can you name one?
Not off the top of my head, no. But that's part of the point I'm attempting to make - the custom and practice of the publishing industry seems to be laissez-faire about the sale of ARCs by reviewers. It would certainly be possible for them to be a lot more aggressive about creating and enforcing a "no re-sale" stance than they generally are.

I don't think I've ever implied that it's always OK to do anything as long as it's not illegal. In my own view, the law creates a floor of permitted behavior, not a ceiling. It's always possible, and often preferable, to go above and beyond what the law requires - and, of course, a specific agreement between two parties is usually made for just that reason.
 

veinglory

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Indeed. And in the absence of a contract (which some publishers have tried but it caused a huge backlash) one tends to go by accepted custom -- unless there is a reason not to.

Both selling ARCs, and requiring reviewers to sign a contract promising not to, are against the quaint yet still palpable dictates of etiquette.
 

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It would certainly be possible for them to be a lot more aggressive about creating and enforcing a "no re-sale" stance than they generally are.

As understaffed as most publishers are, the question of resource allocation comes into this. What is the best use of their time and money? Hunting down reviewers who sold ARCs, or acquiring, editing, designing, distributing, and marketing books?
 

Ketzel

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As understaffed as most publishers are, the question of resource allocation comes into this. What is the best use of their time and money? Hunting down reviewers who sold ARCs, or acquiring, editing, designing, distributing, and marketing books?

Of course. And there's balancing to be done between the resource allocation and the harm, as well. And by harm, I mean both economic damage and harm to the relationships the publishers have with their reviewers - Veinglory notes the resistance the publishers got when some of them tried to impose an enforceable contract.

It does leave the publishers and their authors more vulnerable to a Klausner. However, given that the system seems to work well enough otherwise, I assume even someone like her doesn't have that big an impact and is sufficiently rare that it makes more sense to absorb whatever harm she might cause, rather than re-design the whole ARC distribution process to defend against her like.
 

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(Full disclosure: Klausner gave my book a favorable review)

This is a non-issue.

1) I do not know Harriet Klausner personally. I have no way to know whether she reads the books she reviews. Time magazine and the NYT have tracked her down. She's a retired librarian and she says she's a speed reader.

She posts her reviews under her real name. This is her whole thing; she's tied her identity up in Amazon reviews to a greater extent than perhaps anyone else alive. As a reviewer, she is a better-known quantity than just about any customer reviewer on Amazon.

Either you find her reviews helpful or you do not. As of right now, she has 108,000 "helpful" votes.

2.) The fact that she gives only 4 or 5 star reviews is not at all controversial. On Amazon, anything less than 4 stars is a negative review. I generally don't buy or read books I don't expect to like, so I've got no cause to give bad reviews on Amazon.

Perhaps we'd be better off if a five-star review was reserved for extraordinary works and three stars still connoted a worthwhile read, but it does not. An average rating of about 4.2 signifies an acceptable book on Amazon, and an average rating of 3.7 suggests that readers were disappointed.

Also, when readers don't like books, they tend not to finish them. That's especially true of readers who don't pay for books, and don't get paid to review them. I tend not to read books I expect to dislike, so I have not read a book in the last 3 years that I felt the need to go on Amazon and un-recommend. Therefore, if I were a reviewer, I would not have published a review below 4 stars either in the last 3 years.

3.) To the extent that Harriet Klausner's reviewing practices are problematic, Amazon has already done something about them. Klausner became the number 1 Amazon reviewer at a time when reviewer ranking was calculated according to a reviewer's total number of helpful votes. This gave an insurmountable advantage to people who posted a huge number of reviews.

Years ago, they changed the ranking algorithm considerably. Klausner's current reviewer ranking is 1616.

4.) Most professional media reviewers, whether of books, film or music, review publisher-provided review materials. Professional outlets do not post FTC disclaimers on their reviews. What constitutes a "relationship" or an "endorsement" under the FTC guidelines is vaguely defined, and I am not aware of them ever being enforced against a book blogger, or anyone at all.

It has not traditionally been an ethical requirement of a reviewer to disclose that review materials were provided by a publisher, though it is a widely-known common practice to review publisher-provided materials. This obscure FTC guideline does not create a new ethical obligation.

Many top Amazon reviewers receive review materials and do not post disclaimers, either because they don't know about the relatively obscure FTC guidelines, they've dismissed what they've read about FTC disclosure requirements as Internet misinformation, or because they have concluded that the guidelines do not apply to their reviews.

I assume all top reviewers get their books for free, and I still trust them more than I trust non-top reviewers. People get to be top reviewers by writing reviews that strangers find helpful.

5.) ARC-selling is annoying. Secondhand book sales are kind of annoying. Neither of these activities pays royalties to authors. But the fact is, obscurity is the biggest challenge any author has to overcome, and that's why all authors want their publishers to send out lots of ARCs, despite the fact that they may be resold. A lot of authors don't get ARCs, and wish they did.

Secondhand sales of physical books, ARCs or otherwise, are an absolutely trifling problem compared to digital piracy. And as a "racket," or a scam, selling secondhand review materials isn't very lucrative. Booksellers make most of their money selling lots of copies of popular books. Klausner's review habits get her one copy each of thousands of different books, many of which aren't in high demand. Even if you believe she can sell every single book she gets from publishers on Half.com, she has to do a lot of envelope-stuffing, listing management and trips to the post office for a profit of a couple of dollars per book.

6.) Klausner's review of my book is not derived from any of my publisher's marketing materials. She refers to characters and events that are not mentioned specifically in any of the promotional stuff, so it appears she read at least part of the book and wrote several paragraphs about it.

I know my publisher sent my book to Klausner unsolicited, and I know of several other reviewers who have higher current reviewer ranks that either bought the book based on professional reviews or had to request it from Vine or Netgalley. I am actually a little bit frustrated that publishers aren't doing a better job of cultivating some of these other top reviewers, since these people seem to maintain groups of readers who place a lot of trust in their recommendations, whereas Klausner's influence is more diffuse since she reviews so much.
 
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fourlittlebees

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Harriet passed away last week.

No matter what you felt about her reviews (and I'll readily admit to being in the "never read a book" camp based on often erroneous things in the reviews of books I'd also reviewed), it was utterly depressing to read her obituary, where apparently so much of her self-worth was tied up in that reviewer status.

http://m.news-daily.com/news/2015/oct/17/harriet-klausner/
 

Kylabelle

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Thank you for that news.
 

brainstorm77

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I honestly didn't think she was a real person. RIP!
 
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