Barnes & Noble Takes Over Borders' Remains... After Some Last-Minute Wrangling
- by Michael Stillman
B&N's second email was terse and to the point.
There was a time when a sale of Borders to Barnes & Noble would have stirred great controversy, perhaps even an examination by the Attorney General for antitrust violations. By the time it happened, it caused hardly a stir. In late September, Barnes & Noble bought the name, website, and customer list and data of the now bankrupt Borders chain. Well, it caused a stir to hardly anyone except the bankruptcy court appointed Consumer Privacy Ombudsman. He felt B&N was not being entirely forthright with Borders' old customers.
While Barnes & Noble didn't have much interest in Borders' stores, perhaps having more than enough of their own, they did want Borders' intangibles. They purchased them from the bankruptcy court for $13.9 million. However, Borders had promised its customers that they would never give their names and data to anyone else. The court therefore required that Barnes & Noble inform Borders' customers that they had purchased their information, but that those customers had the right to stop that data from being transferred to B&N. If they so chose, their customer data would be deleted.
In keeping with this requirement, Barnes & Noble sent out an email to Borders' customers. It was a friendly email from B&N CEO William Lynch. Lynch informed the Borders' customers that, “Our intent in buying the Borders customer list is simply to try and earn your business.” However, he also informed the customers that they had “the absolute right to opt-out of having your customer data transferred to Barnes & Noble.” Customers were told they had until October 15, 2011, to opt out of the transfer of information to B&N. Lynch then concluded his message with, “We hope you'll give us a chance to be your bookstore.”
Consumer Privacy Ombudsman Michael Baxter immediately cried “foul.” Baxter had been appointed by the Court to watch out for the privacy interests of Borders' customers. When the deal was originally put together to sell the Borders' data, Baxter had wanted the message to be an opt-in, not opt-out. In other words, he wanted B&N to obtain affirmative approval from Borders' customers before their data could be transferred, rather than having it transferred automatically if those customers did not say no. To B&N, that may have been a deal killer, as a large number of customers, probably most, were not likely to respond to an email either way. They would not likely opt in if required, nor opt out if they had to either. Most of the 40+ million people in Borders' files could be expected to simply ignore the email.
Baxter backed down on this issue, agreeing to B&N's opt-out rather than fighting for an opt-in. The one concession he was able to obtain was the wording of the e-mail header, which stated simply “Important Information Regarding Your Borders Account.”
However, there were still two other things Baxter did not like about B&N's email, and having conceded on the important issue of opt out, he was evidently not in a mood to back down on a couple of smaller ones. B&N was unwilling to be more accommodating than it had already. The result was a couple of emails flying back and forth between Baxter and B&N before the customer email was sent. It concluded with B&N's attorney saying they had accommodated what they described as Baxter's “only significant comment,” that regarding the wording of the header. Baxter fired back that he would raise his objections with the court if a couple of other changes were not made. B&N ignored his further demands and sent the email as worded. For his part, Baxter did as he promised, filing an objection with the court.
In his objection, Baxter found two faults with the B&N email. First, he found the lack of notification that the email had been ordered by the court to be misleading. Lynch's folksy, friendly email might imply, Baxter believed, that B&N was sending this message as a favor to Borders' customers, rather than because they had been ordered to do so by the court. That, he believed, might make Borders' customers less inclined to opt out. Secondly, Baxter objected to the vague language of a “customer list” being transferred to B&N. Customers might believe all that B&N was obtaining was their names and email addresses, when in fact, B&N was obtaining their entire purchase history. It is easy to imagine a customer who years ago bought a book that might embarrass him today not wanting that information passed on to another company.
So, who won this little skirmish? Well, it appears that Baxter won on one out of two of his objections. However, we doubt that the same is true for B&N, though you would think that would follow from their opponent being one for two. On October 15, Barnes & Noble sent out a follow up email. This one was not so long and folksy. It was a one-paragraph, unsigned, business-like message. Introduced as a “reminder” to the earlier email, it stated with specificity, “The transferred personally identifiable information in the customer list includes customer email address and purchase history.” It added that credit card information was not transferred, and those that wished could opt out by November 2. It did not mention Baxter's other point, that the notice had been ordered by the court, so B&N must have won on that issue.
Nonetheless, we see this as a loss for B&N, not a tie. A couple of bad things happened to them. First, Borders' customers, whose last chance to opt out of the transfer of their data would have ended that day (October 15), got 18 more days to do so. People who might have chosen to opt out, but forgot the earlier email, or maybe never even read it, got a reminder. The greater clarity of this email may drive some people away, but we suspect the simple fact that a second opt-out email was sent will lead to thousands more Borders' customers opting out. B&N could have repeated the exact same email as the first and many additional people would have deselected themselves. It's just the nature of the beast. Each time you give a group of people an opportunity to opt out, some more will do so. Barnes & Noble would have been smarter if, instead of challenging the Ombudsman, they had accommodated his needs in one email. A second email could only lead to more opt-outs, and a smaller customer list for B&N's money.
Bonhams, Nov. 2-12: AUDUBON, JOHN JAMES. Red-Shouldered Hawk. London: R. Havell, Jr., 1829. $2,000 - $3,000
Bonhams, Nov. 2-12: STEWART, WILLIAM DRUMMOND, SIR. Altowan; or, Incidents of Life and Adventure in the Rocky Mountain... New York, 1846. PRESENTATION COPY. $800 - $1,200
Bonhams, Nov. 2-12: WILLUGHBY & RAY, JOHN. The Ornithology of Francis Willughby in three books... London, Martyn, 1678. $800 - $1,200
Bonhams, Nov. 2-12: SUSAN B. ANTHONY. Autograph Quotation Signed, on equal rights "for men and women," Rochester, 1898. $1,000 - $1,500
Bonhams, Nov. 2-12: FRANKLIN, BENJAMIN. Autograph Letter Signed integrally to Le Comte de Milly arranging a meeting with M. Broignard, Passy, 1778. $10,000 - $15,000
Bonhams, Nov. 2-12: FRANKLIN, JEFFERSON, & ADAMS. Mansucript Signed by all three architects of the American ideal, requesting a Treaty of Amity and Commerce. $750,000 - $1,000,000
Bonhams, Nov. 2-12: LINCOLN, ABRAHAM. Endorsement Signed, a pardon for a Confederate soldier, February 6, 1865. $4,000 - $6,000
Bonhams, Nov. 2-12: NAPOLEON FORMALLY RATIFIES THE LOUISIANA PURCHASE. Document Signed ("James Monroe," "Robt. R. Livingston" and "Barbé-Marbois"). $100,000 - $200,000
Bonhams, Nov. 2-12: JAMES MONROE ON THE DIFFICULTIES OF JAY'S TREATY. Autograph Letter Signed to Thomas Pinckney, Paris, January 17, 1795. $15,000 - $25,000
Bonhams, Nov. 2-12: GIDEON WELLES FIRST HAND ACCOUNT OF FORT PICKENS AND FORT SUMTER ON THE EVE OF CIVIL WAR. Autograph Manuscript, 44 pp, c.1870. $4,000 - $6,000
Bonhams, Nov. 2-12: SIGNED BY BORGES. Labyrinths: Selected Stories & Other Writings. 1962. First book publication in English. $4,000 - $6,000
Bonhams, Nov. 2-12: LORENZO DOW TURNER'S COPY. LOCKE, ALAIN. The New Negro: an Interpretation. 1925. $1,000 - $1,500
Forum Auctions A Visual and Historical Voyage into the Ottoman World: The Library of a Gentleman 14th November
Forum, Nov. 14: Preziosi (Amedeo). Stamboul: Recollections of Eastern Life, first edition, Paris, Lemercier, 1858. £6,000 to £8,000.
Forum, Nov. 14: Mayr (Heinrich von). Malerische Ansichten aus dem Orient. Vues Pittoresques de l'Orient, first edition in the original 10 parts, Munich, Paris & Leipzig, [1839-40]. £10,000 to £15,000.
Forum, Nov. 14: Lewis (John Frederick). Illustrations of Constantinople, made during a Residence in that City &c. in the Years 1835-6, first edition, [1838]. £6,000 to £8,000.
Forum, Nov. 14: Dodwell (Edward). Views in Greece, first edition, ordinary format, Rodwell and Martin, 1821. £8,000 to £12,000.
Forum, Nov. 14: Cassas (Louis François). [Voyage Pittoresque de la Syrie, de la Phoenicie, de la Palæstube et de la Basse-Égypte], 3 vol., first edition, [Paris], [1799]. £8,000 to £12,000.
Forum Auctions A Visual and Historical Voyage into the Ottoman World: The Library of a Gentleman 14th November
Forum, Nov. 14: La Chappelle (Georges). Recueil de Divers Portraits des Principales Dames de la Porte du Grand Turc, first edition, Paris, 1648. £8,000 to £12,000.
Forum, Nov. 14: Fossati (Gaspard). Aya Sophia Constantinople as recently restored by order of H.M. the Sultan Abdul Medjid, first edition, ordinary format, 1852. £6,000 to £8,000.
Forum, Nov. 14: Pertusier (Charles). Promenades Pittoresques dans Constantinople et sur les Rives du Bosphore, 4 vol., inc Atlas, first edition, Paris, H. Nicolle, 1815-17. £6,000 to £8,000.
Forum, Nov. 14: Brindesi (Jean). Souvenirs de Constantinople, first edition, [Paris], [1855-60]. £4,000 to £6,000.
Forum, Nov. 14: Le Bruyn (Cornelius). Voyage au Levant, first French edition, Delft, Henri de Kroonevelt, 1700. £3,000 to £4,000.
Ketterer Rare Books Auction November 25th
Ketterer Rare Books, Nov. 25: H. Schedel, Liber chronicarum, 1493. Est: € 25,000
Ketterer Rare Books, Nov. 25: P. O. Runge, Farben-Kugel, 1810. Est: € 8,000
Ketterer Rare Books, Nov. 25: W. Kandinsky, Klänge, 1913. Est: € 20,000
Ketterer Rare Books Auction November 25th
Ketterer Rare Books, Nov. 25: W. Burley, De vita et moribus philosophorum, 1473. Est: € 4,000
Ketterer Rare Books, Nov. 25: M. B. Valentini, Viridarium reformatum seu regnum vegetabile, 1719. Est: € 12,000
Ketterer Rare Books, Nov. 25: J. de Gaddesden, Rosa anglica practica medicinae, 1492. Est: € 12,000
Ketterer Rare Books, Nov. 25: M. Merian, Todten-Tanz, 1649. Est: € 5,000
Ketterer Rare Books, Nov. 25: D. Hammett, Red harvest, 1929. Est: € 11,000
Ketterer Rare Books Auction November 25th
Ketterer Rare Books, Nov. 25: Book of hours, Horae B. M. V., 1503. Est: € 9,000
Ketterer Rare Books, Nov. 25: J. Miller, Illustratio systematis sexualis Linneai, 1792. Est: € 8,000
Ketterer Rare Books, Nov. 25: F. Hundertwasser, Regentag – Look at it on a rainy day, 1972. Est: € 8,000
Doyle Stage & Screen November 14 & 15
Doyle, Nov. 14-15: A studio-sanctioned Darth Vader Touring Costume from The Empire Strikes Back. $50,000 to $100,000.
Doyle, Nov. 14-15: An original Al Hirschfeld's illustration of the cast of On Golden Pond. $4,000 to $6,000.
Doyle, Nov. 14-15: The largest trove of personal Grace Kelly letters to come to market. $60,000 to $80,000.
Doyle, Nov. 14-15: An Important Archive of Musical Manuscripts of Truman Capote and Harold Arlen's House of Flowers. $40,000 to $60,000.
Doyle, Nov. 14-15: The archive of an original Merrily We Roll Along Broadway cast member. $5,000 to $10,000.
Doyle, Nov. 14-15: Jerry Herman's Yamaha Model C7 Ebonized Grand Piano. $6,000 to $9,000.
Doyle, Nov. 14-15: A large group of Jerry Herman musical posters. $300 to $500.
Doyle, Nov. 14-15: Group of awards presented to Jerry Herman. $300 to $400.
Doyle, Nov. 14-15: Six pages of original art for "The MAD Game of Basebrawl," a complete story published in MAD #167, pages 31-36, June 1974. $3,000 to $4,000.
Doyle, Nov. 14-15: A MAD book made for Al Jaffee, containing original art and writings from many MAD contributors. 2011. $1,200 to $1,800.
Doyle, Nov. 14-15: A Jaffee-themed MAD Fold-In - "What honor should the creator of the MAD Fold-Ins be given?" $800 to $1,200.
Doyle, Nov. 14-15: MAD Fold-In - "What developing news story has many Americans totally transfixed?" $800 to $1,200.
Old World Auctions (Nov 6-20): Lot 51. Ortelius' Influential Map of the New World - Second Plate in Full Contemporary Color (1579) Est. $5,500 - $6,500
Old World Auctions (Nov 6-20): Lot 165. Reduced-Size Edition of Jefferys/Mead Map with Revolutionary War Updates (1776) Est. $4,750 - $6,000
Old World Auctions (Nov 6-20): Lot 688. Blaeu's Superb Carte-a-Figures Map of Africa (1634) Est. $3,000 - $3,750
Old World Auctions (Nov 6-20): Lot 105. Striking Map of French Colonial Possessions (1720) Est. $2,750 - $3,500
Old World Auctions (Nov 6-20): Lot 98. Rare First Edition of the First Published Plan of a Settlement in North America (1556) Est. $3,000 - $3,750
Old World Auctions (Nov 6-20): Lot 181. Important Map of the Georgia Colony (1748) Est. $2,750 - $3,500
Old World Auctions (Nov 6-20): Lot 547. Ortelius' Map of Russia with a Vignette of Ivan the Terrible in Full Contemporary Color (1579) Est. $1,400 - $1,700
Old World Auctions (Nov 6-20): Lot 85. Homann's Decorative Map of Colonial America (1720) Est. $1,600 - $1,900
Old World Auctions (Nov 6-20): Lot 642. Blaeu's Magnificent Carte-a-Figures Map of Asia (1634) Est. $3,000 - $3,750
Old World Auctions (Nov 6-20): Lot 748. The Martyrdom of St. John in Contemporary Hand Color with Gilt Highlights (1520) Est. $1,000 - $1,300
Old World Auctions (Nov 6-20): Lot 298. Scarce Early Map of Chester County (1822) Est. $2,750 - $3,500