Saturday, April 13, 2019

FOR THE LOVE OF JACK, HIS WAR/MY BATTLE before 9-11

Why you should never publish your book on April Fools Day or with Xlibris

This is a special cross post!
Wounded Times and PTSD Patrol
Kathie Costos
April 13, 2019


"We're not interested in owning your work...after all, we didn't write it." Xlibris
That quote is from the Xlibris brochure that made me decide on choosing them as the (FLUSHING) publisher for the book that had to "get out there" way back in 2003.
After all this time telling veterans to #BreakTheSilence and #TakeBackYourLife that is what I am doing. Breaking the silence on what has been torturing me for all these years and taking back control over my own work!

I wrote FOR THE LOVE OF JACK, HIS WAR/MY BATTLE before 9-11 but could not find a publisher. After all, it was about a veteran's family living with PTSD. To top that off, the veteran was a Vietnam veteran. You know, before they were big news again.

After 9-11, I added to the ending and had the copyright done in 2002. 


2003 I decided to self publish it. On April 1, 2003 it was published.

Yes, April Fools Day! Should have known right there it was off to a bad start with this (FLUSH) company.

 Product detailsPaperback: 148 pagesPublisher: Xlibris Corp (April 1, 2003)Language: English ISBN-10: 1401086918ISBN-13: 978-1401086916
After 16 years...I can assure you, that while the actual ownership of the book does belong to me, they have not seemed to be able to remember that fact.

I was hearing from people about reading the book, but saw few sales reported. I questioned Xlibris and they said that they were "used" books they must have been reading. Used book? How when there were only a few "new" ones sold according to them.

Just to find out what was going on, I ordered 2 books from Barnes and Noble. I had them shipped to the store and yes, paid full price. The bar code did not work. 

Anyway, a few more emails and trust was gone. I wanted my book out of their hands. I told them to stop printing it.

That didn't work. Really odd that they did not manage to explain why the book was still being sold, if there were no sales.

I wrote to the Better Business Bureau and Xlibris responded with it was my ego that was involved and not their problem. Besides, they also said that I was taking up too much of their time. Odd thing is that responding to the BBB, they said that "half a dozen" more were sold.

By 2004 I totally had it and my lawyer sent them a letter to stop publishing it and give me a full report.

In 2005, the book was still being sold. I (FLUSH) emailed them again! 


This is their response.


RE: STOP SELLING MY BOOK/CANCELLATION CONFIRMATION
Mon, Mar 14, 2005 6:33 am
Channel (Channel@Xlibris.com)


Dear Ms. Costos, As long as Ingram still has physical copies of your book in stock, your book will continue to be listed as available and people can continue to purchase copies of it through the different online resellers. Another way to get hold of your book is through the used book resellers. 
What happened was when customers decided to sell their used copy of a book to these resellers; they can set the book's price to any amount they want when they list it with online resellers with Amazon.com, Borders.com, Barnes and Noble.com. Xlibris does not have a relationship with these used book resellers nor do we have a say in the way they operate their business since they got these books from the customers who decided to sell their purchased books to them. Further, these used book resellers are entitled to sell used book under the first sale doctrine of copyright law. 
This email is also to confirm the cancellation of your book with Xlibris. Your book entitled "For The Love of Jack", with ISBN 1-4010-8691-8, is no longer available for sale through our Xlibris website or the 800 number. Although no new copies of your book will be produced from this point forward you should be aware that due to our relationship with various printers and book distributors, physical copies of your book currently exist within the book vending channels. For reasons of quality assurance and to provide a more efficient ordering process, Ingram will keep a handful of copies of all titles listed with them in stock at all times. Ingram currently shows one (1) physical copy of your book in stock. Your title will remain available in the channels until this copy is sold. When a title is listed as cancelled, production knows not to replenish this stock once it is depleted. Unfortunately, it must be depleted before Ingram will remove the title's listing from its system. 
Amazon and the other online channels base their listing information from what Ingram's system provides. As a result, as long as Ingram has copies in stock, title will remain listed with the online stores. These online resellers and distributors could not change the availability of your book to out of stock until somebody purchases these remaining books from them.

The copies that the online retailers have were purchased from us (you were paid royalties for these sales) giving the resellers the right to continue the sale of your book with no implication on the contract between you and Xlibris. Please note that as part of Barnes and Noble's sales programs, titles that are considered "out of print" are kept in the system as such to allow customers the ability to track hard-to-find books. Hard-to-find and out-of-print books present a great source of revenue for these businesses, which is why they continue listing books that are no longer available through their distributor. We would like you to know that it has been a pleasure doing business with you. We wish you success in your writing endeavors and we hope to work with you again in the future.
How could there be more "used" copies than ones I had been "paid for" in the first place?
"Hard-to-find and out-of-print books present a great source of revenue for these businesses, which is why they continue listing books that are no longer available through their distributor."
A great source of revenue that are no longer available? Is this why they refused to pull the book? FLUSHING seriously?


I emailed them again and told them I wanted this stopped! I asked them how I could finally get this done.

This is their reply.
Channel (Channel@Xlibris.com)To:you (Bcc) + 1 more DetailsDear Ma'am,Currently, there is only one (1) physical copy of the book left at Ingram's microinventory. You may purchase this remaining copy either through Amazon/Borders.com or Barnes and Noble.com. Based on Amazon's listing, it is indicated that there is only 1 left in stock for your title. List Price: $20.99
 So I paid full price for that book and others!







Well this kept going on, and on, and on! I tried giving away free PDF of it, and that happened many times, because I figured if I was not getting paid, I could at least control that and get it into the hands of people it would help.

In 2012, I opted to have it republished with a few changes on Amazon.





Long story short, 2019 and the book was still online. I am planning on writing the follow up.

Last week, after trying to get my ducks in a row for more changes coming to this site (which we'll talk about later), I went onto Amazon and saw that the damn thing was still online right next to the one I put up in 2012. I hit the roof when I saw that there were "new" copies and "used" copies.

I sent an email to Xlibris, Lightening Source/Ingram (the printer) and Amazon legal department.Ingram legal department responded, just stating that "The title in question, For the Love of Jack / EAN 9781401086916, is already cancelled in our system." with no answer as to when that was done or why it was still available.


Cutting this shorter than including in all the evidence and emails back and forth, on March 28, 2019 Xlibris responded with,

"However, although no new copies were produced, we would like to make you aware that due to our relationship with various printers and book distributors, physical copies of your book may currently exist within the book vending channels until these copies have been sold out."
The email went on to state that, when a book is out of print, it can still be online but will show "out of print" or "not available" even though I had already shown them, that according to Amazon, they had at least one new one. So, I ordered it and it shipped.

I didn't know I was a magician! How did I manage to buy a brand new book that went extinct in 2005? Wow, looks like there are a lot of (FLUSHING) magic tricks going on!

This new copy that did not exist shipped out the day after I ordered it from California.



On April 1, 2019, exactly 16 years after they published my book, I asked them to tell me when they supposedly stopped it from being printed. On April 2, 2019 they responded with this.


"Upon further checking, the book was cancelled way back March 11, 2005. Therefore, there was really a time wherein the book was available." 




When questioned again as to how it was possible I managed to buy a new book...and not a new one, they replied with this.
The books I bought online in 2005 were new, and they had emailed acknowledgement of at least one of them. 

How were they not able to decide when they "cancelled" it? Was it 2004? 2005? And how the (FLUSH) were people making money off new ones when Xlibris denied the existence of new ones?

How did I manage to buy new books, yes, paying full price, for books that went extinct?

I called Morgan and Morgan yesterday and ran down what happened. They wanted to know how many I thought were sold. How the (FLUSH) would I know that since Xlibris keeps saying that only "used" copies are being sold and they have "no control" over that?

The lesson here is, never publish on April Fools Day...or with Xlibris because after 16 years of putting me through hell, they cannot, or will not, explain how it is a book that had so few sales, according to them,  IS STILL BEING SOLD!

UPDATE
Here is the link to GoFundMe

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