An Update to the LendInk Author List

THIS POST WILL BE UPDATED AS AND WHEN I RECEIVE MORE INFORMATION. LEAVE NOTES IN THE COMMENTS HERE.

I’ve decided to go through the list and record who among the guilty have apologised for the LendInk fiasco, mostly because I want the world at large to see who’s doing the right thing. I’m checking this by doing a google search for the author’s name and ‘lendink’ and by trying to find their site and most recent updates. Much obliged to A.B. Dada for his work in getting screenshots – full credit at his site here.

If I mark an author down as ‘nothing’, it means they were involved but I cannot find any apology or further information for them.

UPDATE 8/20/2012 – I’ve received an email from an author who is being harassed and threatened. Although I will not remove any names from this list, I want to say this again: nothing, NOTHING, justifies that kind of behavior. For many of the authors below, to the best of my knowledge, the extent of their involvement was a single tweet or Facebook post and nothing more, unless I have noted otherwise. If you can’t express your displeasure without resorting to harassment, then you are far lower than them and you have my complete and utter contempt. 

Some things to note

All of the authors listed posted at least an attack on LendInk on Facebook or Twitter, to the best of my knowledge. Many have deleted those posts and tweets. Many also sent either Cease and Desists or DMCA takedowns to LendInk’s host, though we will never know the full extent of that.

I have seen more godawful websites in the last few hours than I’ve seen in the entire year previous to this. I can count the ones that I would consider at an acceptable minimum standard for a professional site on the fingers of one hand. Authors, please, please get a professional to do your site! There were also more than a few for which I couldn’t find a site at all!

Although all these authors are culpable in some way, please reserve your ire for the ones listed in bold. They are the ones who don’t regret their actions, to the best of my knowledge.

If you believe that the authors listed below who have apologised have done so in good faith, then I ask that you forgive them. They may not deserve a pat on the back for doing the right thing, but they certainly don’t deserve your hate.

One argument was made by John Davis that LendInk did not have permission to display the book covers, hence the takedown was justified. I believe this is false; Amazon’s T&Cs cover this kind of usage. See my comment here.

(As an aside, it looks like the personal attacks are mostly happening on Facebook right now. For shame, people. You can express your feelings about this without resulting to name-calling.)

One final word on all this.

I want to give a shout out to the authors on Facebook who defended LendInk in the face of the angry hordes. I’m sure that couldn’t have been easy.

  • Philip Catshill, for repeating himself endlessly that LendLink was just a referral site and telling them how to use it
  • Michelle Poet for her support, and for starting the #DoTheRightThing tag on Twitter
  • Alberto Garbino for arguing with them
  • Ben Bookbinder for arguing with them
  • Martin Dooley for telling them over and over again that they agreed to lending when they signed up to Amazon
  • Kinnear David for telling them to use the site and see how it worked
  • Doc Mordin for linking the Amazon TOS that points out where it says they’re allowed to lend

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69 comments on “An Update to the LendInk Author ListAdd yours →

  1. I’ll comment with the nickname I use nearly in every forum, blog or e-commerce site, but I’m the Alberto Garbino you quote. Thank you for putting me in your list as one of those who wanted to defend Lendink, I’m not sure I did it at my best but I appreciate it. Authors who were there from the start, did their homeworks and took flak for doing the right thing deserve much more than me.

    I have to say that what happened really made me angry and I reacted insulting some of those authors, precisely the unrepentant ones who were, on their own, particularly vocal. At the same time I tried to reason with those who seemed to be willing to use their brain.

    I don’t know, exactly, why this particular episode moves me so much; probably it’s my temper combined with a lot of personal and professional interests. I won’t litter Lendink’s Facebook page more than I have already done so I apologise here not for my opinions, which are exactly represented on that page, but for speaking them out so vehemently when I could have exercised more restraint. All things considered, that Facebook page was about Lendink and not me, and Dale Porter’s gentle style should have been an example for me.

    One thing, though, leaves a very bitter taste: there were probably hundreds of authors willing to intervene to defend their rights: yet, they trampled the rights of others. They were very fast and now they are slow or absent. I realise some may want to remain anonymous, I prefer donations that way too, but the low number of donors for Lendink (at the moment) is rather unsettling.

    1. You did what you could. I want to thank you and the others who tried to hold back the mob, at least.

      It is a huge shame that the authors in question are not doing much now to help LendInk after having ruined it. If every name on that list donated to the fundraiser, the site would be back up by now.

    2. It was nice to make your acquaintance and I would like to say that I didn´t see anything inflammatory in your posts ( even not when we got sidetracked on semantics ;)).
      What I honestly don´t undrstand is why Dale lets Trolls like Randall Flag and Troy run rampant on the page. Their hateful style hurts the image of LendInk and its defenders as well as the donation drive. I´m sure that e.g. Chrysalla Thoma would have donated by now as she originally promised, had these two not driven her away by their constant inflammatory remarks.

      1. For Troy, I’d put out of context a quote from Mother Night: “The dismaying truth about the classic totalitarian mind is that any given gear, though mutilated, will have at its circumference unbroken sequences of teeth that are immaculately maintained, that are exquisitely machined.”

        He simply lost too many teeth in his gears and doesn’t realise it.

        Randall Flagg is a sock puppet. The old latin question comes to my mind, “Cui Prodest?”

        Who benefits from Randall’s antics? Only the ones who are have an interest in the ridiculous lynch mob vs lynch mob debate. It should be noted that, being a fictional character, Randall violates Facebook’s TOS. While Troy simply has a skipping one-track mind, Randall’s presence is simply unjustifiable. Reporting the user to Facebook for a TOS violation is the right thing to do. I did.

        As for Mr Porter not blocking/reporting them I really don’t know, it seems he allowed every comment there. I’m not sure that’s the right thing to do but, in a certain sense, he allowed an extremely open debate where he intervened sparsely. I respect his decision.

  2. I was watching when this whole lendink thing went down. I was a big fan of some of these writers. I ripped me off some real hateful comments to og tomes when I found her contact info. She said she was sorry she had made me hate her and I was like right bitch! Yesterday I saw this message where she was askingthis other author to support lendink and apologise to Dale. I ripped off a message and she knows I hate really her now. I ben watching her blog to see if she was going to say she is sorry. Nothing there still. This stuff has ever one pissed off! today I googled her and right at the top is this link looking like she has told her part. I went over there thinkin she is one stupid b**** and read everthing. This dude was ripping her a new one. I couldnt believe she had the nerve to comment. She has acouple of comments over there and one is her apology. yep og apologised about 3days ago and she aint bragging like some are about theirs. she didnt hide in the safety of her blog like that Vaughn woman and because of what she said and where she said it which took alot of balls im going to tell her Im sorry for hating her. Here is where its at go see for youself
    http://www.the-digital-reader.com/2012/08/12/one-author-explains-his-role-in-the-lendink-lynch-mob/

    1. Thanks very much, although I have censored one word in your comment.

      The link to her apology has been added to the list, and she is not marked as unrepentant anymore.

  3. Thanks for the comprehensive update! On August 1st, the LendInk was brought to my attention through my organized coalition of authors known as “No Pirates.” Immediately I informed the group that this was NOT a pirate site, and that they should not engage. The three in my group who decided to engage anyway were promptly removed. After the LendInk travesty became well known, I have made a couple of attempts to contact a couple of authors whom I felt were on the fence, and with a little persuasion, could possibly see reason. I have only heard from one, and she took my suggestions as threats (only she and God know why any of my words could have been misconstrued as any type of threats!). Well, she is on your list, and will be contacted several times I am sure by others with plenty of words surely more clearly threatening. Hopefully she learns the difference between threats and advice, if nothing else.
    I have been tracking the LendInk situation, and also other, LEGITIMATE pirate take downs my group has been engaged with, on my blog (http:nopirates.blogspot.com). I will be sure to add a link to this page, as it is worthwhile and timely. Thanks for your efforts in standing on the side of reason and intelligence. I think it is time to cull the industry of those ballasting our craft with inferiority anyway. By the sounds of it, some of these amateurish websites may be telling of a similarity in the professional style of the authors themselves.

  4. I want to bring this:
    https://www.facebook.com/groups/410648985654086/permalink/417730391612612/
    to your attention.

    Additionally, why no word about Helen White?
    https://www.facebook.com/permalink.php?story_fbid=389720797760316&id=124974504234948
    http://www.goodreads.com/user/show/9153908-helen-white
    She seems to have been one of the main instigators, even opened a dedicated coordination blog. Very unrepetant, passive-aggressive and sadly also quite good at covering her tracks. But the google cache still holds gems, just do a search.

    1. Thanks for the further info – I’ve updated the list.

      Helen White was there, but I didn’t bold her entry. I have screenshots, of course. At this point I am assuming she’s either unrepentant or trying to cover her own ass and weasel out of all responsibility.

      I’m also assuming the same of Jeanette Baird Vaughan, as she apparently posted to the Lexicon group asking for people to report A.B. Dada on the same day that she posted the first non-apology on her blog. I think it’s safe to say that her second apology two days later was not entirely sincere.

      1. I was in communication with her; she basically said she has suffered enough for her involvement (apparently a few people calling her out on her crimes -yes, libel is a crime- are entirely to much for her), complained about her poor health and after a while just plainly refused to talk and said the “mob” got her and destroyed something she loved dearly. Don´t know know what that might have been. Her blog that she used to spread hate maybe? That SHE had a victim and had destroyed something of his and that people maybe would be easier on her if she apologized and offered some kind of help to him seemingly never crossed her mind. To her it was always me vs. them. At least that was my experience. I´ve talked to a few of these people, but while most seemed to simply have been caught up in the mob whirlwind and often in a smaller or bigger degree of denial she really offered a very unstable, almost sociopathic impression.

  5. You people are cruel. I write books to support my son who is dying of Duchenne’s muscular dystrophy. An apology is exactly that, but keep bringing on the wrath. You are not hurting me, you are preventing my son from getting the medical equipment he needs to survive a few more months.

    Thanks bunches.

    1. The ends do not justify the means, Jeanette. That you write for a good cause does not absolve you of guilt nor let you wash your hands of the responsibility you bear, and it does not mean you are owed forgiveness for what you have done. You destroyed a disabled veteran’s business. Do you really want to play the pity game, having done that?

      I, personally, am not convinced of the sincerity of your apology. The language you used is that of the non-apology, i.e. qualifying your remorse with terms such as “My apologies to LendInk if I was misinformed.”

      I have listed above a number of authors who did their best to defend LendInk while the mob was raging, and they explained why the site was legitimate. Philip Catshill replied to your post asking for emails to organize a class action lawsuit, and explained how the site worked. You ignored him. You posted about the site on your blog here: http://jeanettevaughan.wordpress.com/2012/08/04/pirates-of-the-ebook-how-vulnerable-are-you/ – the first comment told you that you were wrong. You refused to believe them. You say you sought answers, but when you were given them, you did not listen.

      You tried to incite ANOTHER mob in the Lexicon Writing Conference group to go after A.B. Dada for listing you as one of the instigators. You accused him of libel for posting factual information, along with his own opinion of you.

      Finally, you stated in the comments on your own post celebrating the death of LendInk that “Mine was available as a free download from LendInk” regarding your book. You are asserting something that literally cannot be true, and I cannot find any retraction of this statement.

      In short: you have not earned any kind of leeway or goodwill. You ask straight out for authors to accept your paltry apology and forget all that you did to destroy a legitimate business, to take the high road, let bygones be bygones and all that.

      You could have done that when you first encountered LendInk. You didn’t. So forgive me if I cry no tears for what you have done to your own reputation. Unless and until I am convinced that you are truly sorry for what you did (and not because you’re currently in hot water as a result), this list, and your comments here, will stand as written.

  6. I want to first of all thank you for this post, I had not done so because I did want to have a civil conversation about it. I admit not only that I jumped into conclusions, but I will donate to the lendink.com reinstatement. I’m not justifying my action, just explaining my train of thought. Yes, I heard from someone whom I thought was more knowledgeable than me in the business and trusted their assessment. I emailed Lendink.com asking questions, not accusations and didn’t get a response. I emailed Amazon and B&N. B&N never responded, Amazon stated that they had not authorized this website to lend the books and that’s when I posted the Facebook post that yes, I later deleted.

    As a small business owner and as a Christian I would never purposely attempt to endanger anyone’s source of income and that’s why I will definitely be donating to their reinstatement because I really feel bad that I didn’t do my homework more thoroughly before assuming something wrong was being done. I’ve learned a lot from this experience. I hope not only Lendink.com, but all the readers out there accept my apology.

    Thanks

    1. *applauds*

      Naty, if only the authors involved would follow your lead, the topic would VERY QUICKLY become a non-issue. With such a quick, simple, and genuine gesture, you have reinstated your integrity, confirmed your status as the kind of human we all like to see in our neighbors and selves, and have provided an easy template for others to follow. I wish you success, and will work in your defense should I see your name appear in any pirated lists. Thank you for your honesty and intelligence.

  7. I don’t know how you missed this. This is from one of the August 9th postings on LendInk’s FB Page with Electa Graham. http://i.imgur.com/B4IJa.png. Someone took that snapshot on that post too. It’s LONG.

    There is more dialogue below that too, but I don’t know how to link to individual facebook entries.

    1. That IS long. I’m not sure what to make of it. It just sort of rambles on…

      Still, it fills in some of the gaps. I was looking for her blog and assumed she had deleted it herself. And with nothing in the Facebook feed bar the link I found, I couldn’t add anything else.

      I would say that it seems she was caught up in it and started tweeting back and forth without really knowing what was going on, being lead by other authors. It doesn’t make it any better, of course, but she does sound genuinely bewildered by all the flak she’s catching.

      Thanks for this, I’ll add it to her entry.

    2. To get the link you simply hover over the date&time stamp of the post and rightclick. Choose “Copy link adress” from the context menu and … alas!
      Sadly I cannot find the comment thread reference on LendInks page anymore 🙁

  8. That’s a great list. Helen White may have deleted her twitter account, but she’s still active on Facebook.

    Speaking of Helen, she’s buddies with the DVD pirate Miranda Stork who you say is in hiding.

    1. Thanks for your addition, Randall, but I’m not adding their general Facebook profile links to the list. I only want links specific to this incident.

      I’ve removed the links from your comment. They can be found elsewhere if anyone really wants to view them.

  9. Actually, I didn’t send a DMCA notice. Yes, I stated that I would per my now deleted FB post but I didn’t which is why I deleted it but hey, keep me on the list if you want. I’m not an indie author nor do I publish novels.

    1. Thank you for your information. I have updated your entry on the list.

      You will stay on the list, I’m afraid. You had a part in this, even if you are not an author. I will not remove anyone from this list unless it is shown that they are there by mistake and never took any action against LendInk.

    2. If I posted something threatening personal harm to someone, that someone wouldn’t be satisfied if I just deleted it.

      Nobody feels safe when someone just deletes his/her threats. Someone may feel they’ve done nothing wrong and I’m frightened and angered to share the same gene pool. Moe’s right when he talks about the sociopathic aspects of this affair when talking about a specific case, but I think he’s wrong when he restricts it to that case. The total lack of sense of guilt in these human beings (which ironically often depict themselves as good Christians) is striking.

  10. Taking a look at Amazon I found that John M. Davis had some bad reviews based on his inability to punctuate or edit. In the comments of one of them I found the link to an image of his now deleted blog post “The Funeral of Lendink”:

    http://i.imgur.com/0L8W0.png

    Another deleted, gloating blog post was made by Shawn Lamb, being now replaced with some sort of “Writing for Dummies Who Write for Dummies” advice. I saved the page for future reference, that’s what she wrote:

    Well, my previous posts on the use of DRM came in very handy last week when I was made aware of a pirate site illegally displaying all my e-books, Kindle and Nook, for unlimited borrowing. This offending site claimed to be linked to Amazon and Barnes & Noble. Not! Armed with Twitter, FB, and any online social media site available to me, I shot the word out and it went viral.

    Contacts flooded in from other authors discovering their e-books on the offending site and inquired about what to do. Some of these authors were newly published, and like me, had DRM and were not in the Kindle Select program, thus the only way to have our books was through piracy. Readers were also upset, for such sites reflect badly upon honest people who want to support authors. A course of action was set, and an unrelenting broadside of determined authors and readers scuttled the pirate in less than 12 hours! All links to the site now display one of these messages: 404 Not Found, or This account has been suspended.

    Several suggested during this barrage, it felt like the game “Whack-a-Mole”. True, it may seem futile against the growing number of pirate sites, but it is a victory for authors! Thus, I will not reveal the site name and raise it to the level of legitimate acknowledgement, save to say, the assault showed the success of authors and readers working together in a grass-roots effort to take down pirates.

    1. Excellent, thanks very much. This will be added to the list.

      It’s rather shocking to know that John Davis’ argument is that the COVERS were copyrighted and not supposed to be on LendInk, hence why he is unrepentant. This is simply not true, as far as I can tell. The KDP T&Cs make clear that Amazon can retransmit any portion of a Kindle book (which obviously includes the cover) for the purposes of marketing and selling. Here’s the clause in particular:

      “You grant to each Amazon party, throughout the term of this Agreement, a nonexclusive, irrevocable, right and license to distribute Digital Books, directly and through third-party distributors, in all digital formats by all digital distribution means available. This right includes… …the right to… …display, market, transmit, distribute, sell and otherwise digitally make available all or any portion of Digital Books through Amazon Properties (as defined below), for customers and prospective customers to download, access, copy and paste, print, annotate and/or view online and offline…”

      The Properties definition is as follows:

      “Amazon Properties” means… …any web site, application, device or online point of presence through which any Amazon Properties or products available for sale on them are syndicated, offered, merchandised, advertised or described.”

      Very straightforward, to me at least. Amazon must have this clause or else their affiliates would be in copyright violation. I can only assume that Mr. Davis has missed this. I think I’ll try to contact him on Twitter for comment.

    2. After reading your quote from Shawn Lamb, I would also like to note that she is neither creative, nor original. Her statements parrot some of the language I have used in my group and on my blog, as we dismantled a REAL pirate. I don’t have her on my roster, so if she WAS in the group, it was under another name. My guess is she was just a spectator who found an opportunity to try to rip off my efforts. Terms like “whack-a-mole,” “grass-roots efforts to take down pirates,” “broadside,” and the general feel of the theme of the message – number of hours required, and the general update- style, although not unique, when combined, it resembles my work. When you put it all together, well, she sucks. Cheaters never win.

      1. Interesting to note, but I am aware that anti-piracy efforts in general uses the same terms. ‘Whack-a-mole’, for example, turns up on Techdirt and TorrentFreak pretty regularly in the comments in reference to site takedowns.

  11. I am one of the authors who asked to have my book removed from Lendink’s site. I admit that I am inexperinced in how lending and even Amazon works. I hate how this has all turned out for everyone invovled and feel that my ignorance in understanding the ins and outs of getting published has not helped. I did not send letters or a DMCA. I went to the lendink site and to the facebook page and asked that my book be removed. I truly thought that this was a pirate site. I know my ignorance was no excuse and I truly am sorry. I know that a lot of authors are afraid to come forward because of the backlash that waits at every turn from all sides. Again, I know an apology sounds feeble at the least but maybe something good will come out of it for all involved.

    1. Thank you very much for your honesty. I’ve amended your entry.

      Any author who wishes to apologise is welcome to do so without fear on this post. No inappropriate language or personal attacks will be tolerated.

  12. Hi, Claire. I’ve been in touch with MR Mathias; for whatever reason, he can’t get into GoodReads to see my blog, but I have referred him here. Long story short, he says that either LendInk is a pirate site (I’ve told him it isn’t) or Amazon is not keeping his titles exclusive. I am hoping that reading your blog and the comments here will be of assistance to him.

      1. Ugh. I keep forgetting to add things I mean to say. I’m sharing this information here so that you know I’ve at least opened a dialogue and hope to help MR see the light, even if he is getting some “bad dope” from his legal advisor.

  13. I am battling pirates “real ones” have been battling torrent sites for months. Still am. This site was never on my radar as it was reported to Amazon and was deemed their problem. While I didnt see any tweets I made about this I will say this. I may have commented wrongly and for that I am sorry. I never have minded lending of my books to friends, as you would a paperback you purchased, or even an ebook. The difference is, if you want to loan my paperback to a guy in Spain, you have to mail it to him. A crucial part of reality is bypassed with open lending. AND Amazon has an obligation to keep books I have in their KDP select program off of sites like this, as I get PAID to lend it there, and they have AGREED to keep it AMAZON exclusive. I might not have been wronged by this lendit place, BUT If I wasnt then Amazon has violated their lending agreemend with me and thus I have still been wronged. My legal matters are against torrent sites not lending sites. Thanks for your time and thank you Sharon. As for any problems I mat have caused the lenders, sorry. Michael Robb Mathias

    1. Hi Michael, thanks for your update. It’s been added to the list.

      I must inform you that I believe you are mistaken about what exclusivity and KDP Select lending actually mean in this context. Neither Amazon nor LendInk has violated any agreement with you.

      If a book is enrolled in KDP Select, Amazon Prime members can borrow it and you are paid for those lends. However, if your book is on Amazon and in the 70% royalty bracket, you must (as a condition of being in that bracket) allow another type of lending – the one time temporary ebook lends between Kindle owners. (The one time lending feature is enabled by default on all books in the KDP program. Books in the 35% bracket have the option of disabling one time lends.) This means that, if someone buys an ebook of yours, they have the ability to lend it once – and only once, for a period of two weeks – to someone else. You don’t get paid for this lend, as far as I’m aware.

      Now, as for exclusivity – your books can still be exclusive to Amazon while being listed on a site like LendInk. This is because LendInk does not handle any of the lending or buying process. If someone searches for a book on LendInk, the system shows them other possible lend partners who have a copy with a one time lend available if any exist. Otherwise, they are shown a buy now screen. In either case, the LendInk system directs the user back to Amazon to process the request. Effectively, your book is exclusive to Amazon because any lend or sale must go through them – but sites such as LendInk can hook into the Amazon system through certain technical interfaces provided by Amazon, and can make use of their data for the purposes of sales or affiliate income or simply to provide a niche service.

      In short, Amazon have no obligation to keep your book off any non-Amazon site that makes use of its data provided that the non-Amazon site routes all technical transactions to do with your book back through Amazon. They are also not obliged to pay you for the one time lends, as I believe that is simply a condition of being in the 70% royalty bracket.

      My advice to you, before you go any further, would be to read over the terms and conditions of being in the 70% bracket and of being in KDP Select. I think you will find that all parties involved here have acted within their rights.

      Torrent sites, obviously, are not in any way covered by this, as they do not route any transactions back to Amazon (because they are letting people download the file directly).

      1. It still amazes me how many authors seem to be confused about the two different kinds of lending and how their book is included in the user to user lending option.

    2. Michael, when I go to Amazon and look at the Butcher’s Boy it does not appear to be part of the Kindle Online Lending Library. That is the lending process where the authors get paid. If it was available I would show it is one I could borrow because I am a Amazon Prime Member.

      If I look a little ways down the page at the product details I see the following:

      Sold by: Amazon Digital Services, Inc.
      Language: English
      ASIN: B004FPYWKU
      Text-to-Speech: Enabled
      X-Ray: Enabled
      Lending: Enabled

      That lending enabled is for the user to user lending option. As Claire said, if you are at the 70% royalty rate then you have to allow that lending. You can only disable it by dropping to the 35% royalty rate.

      And I have to say I honestly think you are chasing your tail in trying to legally nail pirates. I don’t support them but after decades of watching software publishers, music publishers and movie publishers squash the practice I doubt the book publishers and authors will have any better luck.

      1. Tom,I have27 novels under 3 different pen names. Search M. R. Mathias at Amazon and you will find half a dozen KDP titles. I will not reveal my other pen name.

        The Butcher’s Boy is an Award Winner, but it is just one of many books of mine you were lending.

        And here is the thing. You were lending a Nook version of a book that is exclusive to Amazon. I took the book(s) OFF of B&N months ago, but they were offered for lending to nook users.

        Like I said. I dont mind people lending a book to their friends, or once, or whatever. But Amazon cant support a site lending a B&N version of my book when they have EXCLUSIXE rights. And just becaus this site is legit doesnt mean the next one will be. There are 5 of my books on a dozen torrent sites right now. Either way, I dont remember tweeting about you. If I did I’m sorry, but I wasn’t rallying against you I dont even care what happens with purchased copies of my work. Its the people downloading it free as a bit torrent that I want stopped.

        I would recommnd that you better advertise what you do. More than 50% of READERS have a kindle book out. When you say indie was shutting you down that means that readers were shutting you down. I never started the twitter campaign I was planning against pirates, but get this: YOU WERE NOT PART of that anyway. I have 87 thousand twitter followers for a reason. I DONT send them on ghost chases. Anyway, I am not against lending and te crusade against you wasn’t me. Thanks for your time again, M.R. sorry this is from a cell phone.

        1. “Like I said. I dont mind people lending a book to their friends, or once, or whatever. But Amazon cant support a site lending a B&N version of my book when they have EXCLUSIXE rights.”

          Actually, you are wrong in multiple ways. First off, if someone purchased your book on B&N, they can offer it for lending even long after you have pulled the title from the B&N site. Your removal of the title does not void the agreement between B&N and the consumer, which in regard to this situation is the customer’s right to lend out the title they have legally purchased, no matter if the title is still available at retail or not.

          Secondly, the Amazon exclusivity places demands on you, the author. YOU are not allowed to let another entity to distribute your KDP Select enrolled titles. Now, if you wish to argue that if someone used the B&N lending system – after the title is pulled from the B&N online store – is in violation of this distribution agreement, then YOU are in violation of the KDP select agreement, not Lendink or any other lending matchmaker and not B&N. YOU, the author, placed those titles on another sales channel and agreed to their terms and conditions.

          In other words, you are asking one entity to violate its terms and conditions in order to appease the terms and conditions of another entity. Sorry, that does not pass any sense of legal muster. The sole person who can be found in violation of the KDP select agreement is you, and you have zero right to expect any other entity to honor your agreement with a competitor above and beyond the grant of authorization you provided to the former.

          1. I would give my book free to anyone who couldn’t pay for it, Al. Lending is great for many reasons. Lendlink or whatever stated clearly across the bottom of their page that they were not affiliated with Amazon or B&N, and now they say they are? The reason people attacked them is because plain and simply they didnt present themselves clearly. That is a marketing FAIL on the sites part, not the hundreds of indie authors and readers they confused by saying they were not affiliated with Amazon. Readers can borrow my books right now without this site, through many other lending programs who explained what they do clearly and efficiently. I’m sorry the site was shut down. I spend more time trying to wheedle free giveaways out of sites than anyone. Lending can only help me, but please, while you are spewing legal shmegal around, remember that the sites failure to announce itself, its purpose, and its methods is REALLY WHY IT WAS SHUT DOWN.

            Again, I apologized. But get a grip. If I sold my books as twilight romance it would be my fault they didnt sell, not the readers who got pissed because they bought dragon books by mistake. The site has a responsibility to the authors it makes its living off of to be clear in what they do. Otherwise a failure like this can happen. Blame is a funny thing if you look at the root of it. Dont blame me. I read “This site is not affilliated with Amazon or Barnes and Noble in any way” Appearantly that mislead a lot of people.

            A propperly announced and marketed site would have avoided all this with a little clarity of purpose. When you are back up I will gladly tweet you to the masses via @Dahgmahn and @MrStubbssays, Thanks again, Michael Robb Mathias

          2. Michael, this would make more sense except that just as many authors went to the site, checked it out, read the FAQ, and rightly concluded that it was legit. They then went and told the authors who were crying piracy, and most were ignored. To say that LendInk was shut down simply because it wasn’t clear about what it was doing is plainly not true; the authors who actually did look into it with an understanding of their contracts with Amazon had no problem with its operation.

            Whether LendInk was affiliated with Amazon or not isn’t relevant. The main instigators of all this cried piracy and didn’t listen to reason, by all accounts. Affiliated or not, piracy simply wasn’t happening.

            I believe you were mislead by those authors and, as a result, you jumped in with an accusation of piracy. I appreciate that you’ve apologised, as I’m sure everyone keeping track of this fiasco is, but to place some of the blame on LendInk is simply unfair.

        2. Just want to highlight that what Al says above is most likely the correct answer.

          KDP places restrictions on authors in exchange for an extra sales and promotional channel. The onus is on the author to adhere to those restrictions; Amazon makes this clear in the KDP Select T&Cs. Amazon itself is not invested in maintaining this exclusivity beyond checking for other sources of KDP Select books by automated means and delisting those it finds in violation of the T&Cs.

          Assuming Barnes & Noble have the same kind of one time lends that Amazon does, this should not affect the KDP Select exclusivity restrictions. It says, and I quote, the author “cannot sell or distribute, or give anyone else the right to sell or distribute.” One time lends are not sold (they’re free) and a single copy would not count as distribution. In any case, the author does not sell or distribute, nor give anyone the right to do the same, when a one time lend occurs. The one time lend is a result of a prior agreement that has since ended and therefore out of the author’s control. So I would think that the possibility of certain number of one time lends occurring in another service does not count against Amazon exclusivity, as long as the agreement with that service has been terminated and no further lends can be issued, and no breach of the KDP Select T&Cs happens.

          Disclaimer: I’m not a lawyer but this stuff is interesting to me.

        3. Just as an FYI,

          I just looked up books on Amazon under the name you used here which is why I only found one. I have not bought or lent any of your books.

          Also, I am not affiliated with LendInk in any way. The way you worded your message I get the feeling you think I am. I am simply a lowly reader. I have only loaned one e-book out ever and that was to my brother.

          Good luck chasing down the pirates on the torrent sites. I still think you are chasing your tail and that your time could be spent more productively. It is your time to waste though so knock yourself out trying to stop what the entire music industry could not.

  14. All I am saying is a well worded paragraph would have kept all of this at bay. Its very simple logic. You have explained it well enough to people that they now understand. If you would have done that in the first place this wouldn’t have happened.

    Authors did not respond well. Your site didn’t explain its purpose well. The result was unfortunate. I’m still not sure where or how I responded about this, but I do remember seeing the site and then messaging Amazon about it as they and I were in the middle of a discussion over me having two versions of the same book. One KDP and one not.

    I honestly think its a great idea, as long as its based on the sharing of purchased copies. I hope that our back-n-forth here is helping ease the mind of the indies who are unsure. I just think that blaming the authors is pretty silly. They are also the readers, and more importantly to your buisness, the advertisers.

    This is what I am dealing with. http://ebookee.org/The-Sword-and-the-Dragon-by-M-R-Mathias_877212.html and http://ebookee.org/Kings-Queens-Heroes-amp-Fools-by-M-R-Mathias_1598864.html See there are real “ePirates” out there. So you expecting authors not to react is what is absurd. Just ad a well worded explanation on the front page when you get the site back up. I have 145k twitter followers between @DahgMahn @MrStubbsSays and @BookReTweeter Once its back up and running I will help you spread the word.

    I dont want to argue with you guys. I want to feed my family and put my kids through college just like the next guy. I give away books and help authors and readers all the time. Loaning is healthy for books if its done responsibly. I think you guys intended to do that.

    As to the comment about the music industry…. I have a band w/ a CD out too. @NocturnMP3 if your interested in some free songs. NAPSTER and LimeWire were both eventualy restructured.

    Tom, I may be chasing my tail, but you never know… I hope there is no hard feelings here. As you can see by the links I provided there is a legitimate issue for authors to worry about. Try and be understanding toward them. In a world full of pirates you have to fly a friendly flag or take the cannon shot. You didnt have a friendly flag and when defending from pirates it usually best to fire first. Thats all the authors did. Seriously, tweet me when you are back up!

    1. LendInk had an entire FAQ detailing its service. This apparently had no effect.

      That site you mentioned there has no copies of your book. Those are links to other sites, mostly cyberlockers, and the few I tested were dead. You are literally wasting your breath trying to get a link to a link where your books are not actually available pulled down. Both of the books you list there are already available on the Pirate Bay, and that’s the first place a pirate will look – not some unknown ebook site with unreliable links.

      LendInk is not my site. I’m an interested onlooker at most. But I know enough about piracy, both from a social perspective and a technical perspective, to know that the time and money spent fighting it directly will never, ever be recovered in greater sales. It’s literally a bad business decision and a waste of resources. I have seen enough authors, never mind large businesses, play this fool’s game and not once – I repeat, not once – has it ever been shown conclusively that sales improved as a direct result of fighting piracy. So it sticks in my craw, somewhat, that piracy has grown into the damn bogeyman around authors and their first reaction, when faced with a site they don’t fully understand, is to scream ‘PIRACY!’ and start sending out takedown notices.

      You ARE chasing your own tail here. You are wasting your time and money. That you posted those two links tells me that you don’t get the technical aspects of piracy and likely don’t have an understanding of the psychology behind it. As an author you are not alone in this, but you need to understand – the ignorance and trigger-happy attitude of authors very much like you about a problem you literally cannot solve took down a legitimate site, one that was bringing exposure and extra sales to authors and providing a good service to readers.

      Every author involved deserves a portion of the blame, though the ones that are not repentant deserve the lion’s share of it.

      1. Claire,

        I think you need to read that last sentence-
        “Every author involved deserves a portion of the blame, though the ones that are repentant deserve the lion’s share of it.”

        Those that aren’t repentant deserve to lose future sales, I am still on the fence about those that admit they screwed up (without any qualifiers and blame shifting).

        1. I’ve edited my comment. I meant to say the ones that are not repentant deserve the lion’s share of the blame, of course. Can’t imagine how I missed that.

          I believe the authors who apologise and make amends are deserving of a little forgiveness.

          1. Thanks for the link, but I have no indication that she was involved in the takedown. Therefore she will not be added to the list.

            Having an opinion on the LendInk incident – even if it’s a pretty misguided, ignorant, and borderline offensive one – isn’t grounds for inclusion, though it’s certainly interesting.

            I’ve changed your link to the direct link for her comments to save people hunting through the thread.

          2. Hello Claire,

            I just now (a month after the fact) came across your site. I did read Mr. Porter’s angry response to my statement and decided not to respond. It was a quick text-like statement and not thought-out at all. Perhaps my wording could have been better and actually, the conversation continued on Google Plus.

            Yes, I did question what Lendink was all about when several threads were started by others on the KDP forum. I reserve the right to question anything and anyone, including people seeking assistance with a claim of being a veteran. Dale may be a veteran, or he may not be. I have still never seen any sort of proof offered anywhere. But why does it matter anyway? What specifically does that have to do with the entire Lendink fiasco? That was my issue when I snapped back at the person that announced it to me in the Cnet comments.

            Sure, the pro-war and pro-military people (more often the military dependents) have used my statement to despise me. There are many different levels of war profiteers and they’re all at the bottom. My parents were career USAF and I’m clear on the benefits involved. I never accept any one of them claiming they are killing for my benefit or my freedom. The last couple of years my disdain for such absurd statements has become more pronounced, no doubt. I am a Wikileaks and a Brad Manning supporter. I also spend serious time supporting Paul Bergrin and have for a couple of years now.

            Who is Paul Bergrin? A former US Army major and JAG that represented US soldiers in defense in the Abu Ghraib and Operation Iron Triangle fiascos Pro Bono. A fellow supporter convinced me to compose a letter to send to various veteran organizations, though blogging on the case is what I usually do best. Not a single veteran organization had the decency to respond. Face it – they do not support their own, so I am not real clear on why I am supposed to kneel at their feet and I won’t be. The great majority of them want Manning’s and Assange’s heads on a platter – literally.

            When veterans and veteran groups decide to support someone other than themselves, they can count me in. My experiences with most have left a serious bad taste for all. When they gather the guts they claim to have and decide to stand-up and support Bergrin, I’ll take another look.

            As far as the person you are responding to is concerned, what specifically did I state that was a lie? I do not lie and resent that accusation. If it was a reference to the questionable issues with Lendink, including the expired security certificate, that was not a lie in any way, shape, or form. I tried to join the site to look deeper; however, Firefox screamed (in red) that there was a problem. There was no such issue with just looking at the site, which also included a statement about being “governed by the laws of Canada”. There were conflicting statements and certainly the site owner could have worded statements better and taken the time to update the legal statement. He didn’t.

            At the end of the comments that continued into Google Plus, I stated my solution: The site was a business and the entire mess could have been handled by sending each author that accused him of copyright infringement or sent a DMCA takedown notice a bill for $100. That is how we do things in capitalist America. The end result is that the site would have been back up quickly and the owner would have full pockets.

            Thank you for your time.

          3. Hi Vicky, thank you for your input.

            On the veteran issue – this seems to be sticking point with some, but it doesn’t change what happened. The facts remain: the authors involved in the LendInk takedown damaged a legitimate business and shouted down or ignored the people who tried to explain to them that the site was not involved in piracy.

            The pro- or anti-military thing makes little difference to me, an Irish citizen living in Canada, so I don’t think you should feel you have to justify your stance in that respect here.

            I did not state that you lied. That would be Pacific Blues’ opinion; feel free to challenge them on it if you like. My opinion – that you were misguided, ignorant, and, well, plenty of people seemed to find you offensive – I will happily stand behind.

            Dale could have sent a bill for $100 to every author that sent him a takedown notice. He didn’t because he has no standing to demand money from them, and the takedowns were sent to his ISP, not to him directly. There is very little facility for counter-claims under the DMCA that don’t involve crippling legal bills, and that you suggest this as a solution indicates your lack of familiarity with the process.

            I do appreciate your taking the time to respond, and I hope the info you find here is useful.

    2. I agree, tearing down an honest, legitimate site because it’s much easier than trying to prosecute a real pirate site registered in China and located in The Netherlands and NOT hosting files, just like assaulting an old widow and stealing her pension is easier than fighting a gang of well equipped, knowledgeable and stealthy thugs located in places and acting in a way that cannot grant the U.S. any kind of jurisdiction…

      I’m speechless for this moral and intellectual bankruptcy.

  15. Hi,

    I’m one of the authors listed above, and I just sent you an e-mail with my apology enclosed, but I figured I would also post something here. My husband told me about this place, and well, believe me I am truly sorry for everything that happened. That’s really all I can say. I feel horrible, and I never meant to hurt anyone. This has caused a lot of sleepless nights for me and I’m sorry.

    Rebecca Rynecki

    1. LendInk’s ISP took the site down precisely because it received many complaints, Cease and Desists, and DMCA notices. The chain of cause and effect there is quite clear, Michael. No site can protect itself from that.

  16. I sent you an email copying my apology which was posted on another blog. I have also written to Mr Porter offering my apologies. I’m sorry about what happened, and can only reiterate that I acted because ebook lending is not available from Amazon.co.uk at the present time and that Amazon.co.uk recommended that I contact Lendink and request my books be removed from its site, which I did.

    Thank you for allowing me to comment.

    1. Thanks Jenny, I’ve updated the list. I’m afraid your email hasn’t reached me, but that’s not a problem.

      Please see my previous comments regarding ebook lending. Although the one time lending function is not available in the UK, if your books were available for the Kindle in the US, those readers would have been able to lend them if you had lending switched on or if you were in the 70% royalty bracket. If your books were on LendInk anyway because the system pulled them from Amazon’s API, then the fact remains that all lending or sales transactions were routed from LendInk back to Amazon or B&N and none of your books were ever actually on LendInk’s site. What you received from Amazon.co.uk was probably the same form letter that many other authors got when they tried to contact Amazon for clarification.

      I hope you understand your mistake, and that you’ll try to avoid the same in the future.

    1. I update as and when I get information, Stephen. I’ve added that to the list.

      I may have to revisit some of this because it looks like LendInk is down again as a result of another DMCA notice.

  17. I found this post today after popping along to see how LendInk was doing and finding it non-operational. I’m sorry I didn’t find this earlier and thank you for your kind words about me in the supporters list. But I’m even sorrier that LendInk appears to have been dealt a death blow by the hysteria and ignorance during that short but lethal period in 2012.

    I have had experience trying to get various online businesses up and running and know how horribly disheartening it can be when one fails due to outside forces over which there is no control and which could not be foreseen. A very, very unpleasant experience I wouldn’t wish on anyone.

    I hope Dale is ok – do you have any info on his status now?
    Best wishes to you and I’m still very saddened about what happened.

    1. I have no info, I’m afraid. I compiled this list as an outside observer, and I had no contact with Dale.

      If I hear anything, I will post another update, but for now I’ve heard nothing.

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