The Patreon Licensing Agreement

Okay, all of this started when the following post, by a lawyer, was brought to my attention:

https://www.thepassivevoice.com/the-beginning-of-the-end-for-patreon/

(I suggest reading it)

So I hired an IP lawyer to look at the post above as well as the terms of the contact you sign when you join Patreon as a creator, and this is what I got back:

Hi John,

 I have broken the analysis up into a couple of sections going from high level at the top to nitty-gritty at the bottom.

 Bottom Line: The rights you are giving Patreon are too broad if you are posting complete novels to the site. You have two options: 1) Use Patreon to collect payments and post updates to engage with your community, but distribute your work (books, rewards, and content) through another system like email (i.e. not posting them to Patreon, but using Constant Contact or Mail Chimp); or 2) Stop using Patreon altogether.      

Explanation of Bottom Line: Here is the language of the license you are granting Patreon: “By posting content to Patreon you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your content.” It is too broad because there is no time limit, no limitations on use (despite the later wording in the same paragraph, see attached and below), no payments to you, and no ability by you to revoke the license should a falling out occur. 

 Detailed Analysis: There are some things in the post with which I agree, but some things with which I don’t. The post heavily implies that the language gives Patreon ownership of the work you post on Patreon. That is false, but the tricky part is that the rights you do give up are so broad that it looks like ownership to normal people.

 The reason it is false is because of the words “non-exclusive.” That means you have all the ability to perform all the copyrights (use, reproduce, distribute, perform, publicly display or prepare derivative works) yourself, or authorize others to do so. For example, you can sell your books on Amazon because you retain the right to authorize Amazon to reproduce and distribute. 

 However, the reason it looks like ownership to normal people is that Patreon can distribute your works for free, the same works you are selling on Amazon. Patreon can do that because of the words “royalty-free,” “reproduce,” and “distribute.” So to normal people, what good is that non-exclusivity doing? Not much, because although you can sell on Amazon, you won’t make any money when they can go to Patreon for the same content for free. But it is because of that non-exclusivity that these Patreon statements are true: 

·         “You keep complete ownership of all content, but give us permission to use it on Patreon.”

·         “You keep full ownership of all content that you post on Patreon, but to operate we need licenses from you.”

 Speaking of which, the following statements MAY also be true, but the problem is two-fold: 1) it requires you to trust Patreon; and 2) the trust requirement is unnecessary if Patreon would have just circumscribed the rights language in the first place (this is the part where I agree with the post):

·         “The purpose of this license is to allow us to operate Patreon, promote Patreon and promote your content on Patreon.”

·         “We are not trying to steal your content or use it in an exploitative way.”

 The best way I can put it is that Patreon’s actions are not comporting with their words. They may not have broken their promise yet, and they may never break their promise due to the bad PR they would receive, but if we are in a position where we can protect ourselves from a potential broken promise then let’s do so.

Molasses Cookies

Okay, I made these the other day and some folks were asking about my recipe, so here it is:

Molasses Cookies:

Ingredients:

1 cup packed brown sugar

3/4 cup shortening

1/4 cup molasses

1 egg

2 teaspoons baking soda

1 teaspoon ground cinnamon

1 teaspoon ground ginger

1/2 teaspoon ground cloves

1/4 teaspoon salt

2 1/4 cups all purpose flour

About 3 tablespoons of sugar (you'll figure it out) for pressing the cookies into.

Steps:

Note: if you double this recipe, you'll use about 3 cookie sheets and make about 50 - 60 cookies. I always double it. Twice the reward for the same amount of work.

• Heat oven to 325 degrees F. In a large bowl beat brown sugar, shortening, molasses, and egg. Use an electric mixer.
• Once you've got that mixed up nicely, then add the rest (EXCEPT the sugar). Add the flour a cup or two at a time, to avoid making a mess. Don't worry about over-mixing.
• Pour the sugar on to a small plate.
• Roll the dough into small balls, about an inch and a half in daimeter, then press them down into the sugar on the plate to flatten them. Then put that on your ungreased cookie sheet, sugared side up.
• They will slump about 50% when you cook them. If you leave them as balls, they're gonna come out as balls. They slump about as much as chocolate chip cookies (the ones made with shortening, not butter). So you can put them about an inch apart on the cookie sheet. I press mine down to about a half inch to a quarter inch thick.
• Cook for 13 to 16 minutes. This can be a little tricky. You really don't want the insides to be doughy. They will firm up as they cool as well. Some recipes call for you to take them off the sheet immediately (if you grease it, you won't have to). If you wait till they're cool, you'll have to be a little more careful with your spatula to not break them.

So Amazon Screwed up Last Night

And deleted my last two Jan Stryvant novels, including the one I released last week and which was a #1 bestseller.

No one at Amazon has ANY idea when this will be fixed, could be days (last time this happened it took almost two weeks). This didn't just happen to me, it happened to a lot of new releases, but I'm screwed pretty royally all the same, because I was in a new release cycle on Amazon with two high rated books (the older one had been #1 a few weeks ago and was still in the top 20 or so). Both had made it to about the top 100 overall in the Amazon ratings.

But that's all gone now. When they come back out they'll be pushed to the bottom as all of their sales data is not only gone, but they'll have had zero sales for however many days it takes to fix this. So not only am I looking at shelling out a lot more money for a lawsuit, I will now have a piss poor income for this month because of this, just like the last time this happened.

This just sucks on so many levels. If only Amazon knew about backups and how to restore from them.

In Case You Hadn't Heard...

I've filed a lawsuit in US Federal Court against the guy running that pirate site.
Or rather my lawyer has filed it. I've found out why nobody else has sued him, it's because it costs a hell of a lot of money. Litigation is very expensive.

Why did I do it? Because he's a scumbag and somebody had to. He's ripping me off and when I sent him a Cease and Desist as well as a DMCA take down, he refused. After my lawyer sent him one, he just put up more of my books. Oh, and he's making money off of his pirate site. He even bought himself an airplane. And he's rude and nasty to the people who have been asking him to stop pirating their works. Because he knew those people didn't have the money to go after him.

Now of course, he's in hiding, because someone finally got tired of his bullshit.

I've got a gofundme running to help defray the legal costs, if you want to contribute:
Link -> https://www.gofundme.com/bring-ebookbike-to-justice 

I'm not crazy about having to do this, but the guy is actually hurting me, as well as a lot of other people. Everyone else kept talking about it, but I'm the guy who actually did it. The threats have started, people calling for me to be doxed or assaulted or murdered. About what you'd expect from the folks following a scumbag like him. I don't really expect anyone to really try to attack me, but some of the things people are saying is just flat out nuts.

On the other hand I'm getting a LOT of support from the people who this guy has been ripping off for years. One of the things that convinced me to act was this new author. On the pirate site he was a featured author with (apparently) tons of downloads. But on Amazon he was selling almost zero. That's right, new author puts out a book and this pirate totally rapes his sales and discourages him from continuing.

Also, I just can't stand bullies.