J.T. Colby & Company, Inc. et al v. Apple, Inc.
Filing
78
DECLARATION of Claudia T. Bogdanos in Support re: 77 MOTION to Preclude the Testimony of Defendant's Rebuttal Expert Witness Stephen M. Nowlis.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Chattoraj, Partha)
EXHIBIT A
Book Survey Report
Volume I: Report and Appendices A-B
— September 2012 —
FIELD
RESEARCH
CORPORATION
Report of E. Deborah Jay, Ph.D.
I.
Introduction and Summary
I am President and Chief Executive Officer of Field Research Corporation ("Field
Research"), a San Francisco-based research firm specializing in marketing and public opinion
surveys. Field Research was retained on behalf of Apple to conduct a survey (the "Field Survey")
with a nationwide representative sample of persons age 18 and older who were potential buyers of
paperback and hardcover books over the Internet. The purpose of the Field Survey was to determine
whether potential buyers of paperback and hardcover books are likely to mistakenly believe that
Apple is the source of, a brand affiliated with, or the sponsor of books sold on the Internet that are
published by plaintiffs under the name "Ibooks" or "ibooks" and, if so, whether this is due to Apple's
use of the name iBooks in connection with its e-book application rather than other reasons (such as,
guessing and other sources of noise).
For the Field Survey, 1,272 face-to-face interviews were completed with potential buyers of
paperback and hardcover books over the Internet. To qualify for the Field Survey, persons age 18
and older had to say that they thought they would buy one of the following types of paperback or
hardcover books during the next 6 months: a biography or memoir, a history book, a science fiction
or fantasy book, or a comic or graphic novel. Qualifying survey respondents were required to say
that they thought they would buy one of these genres of books because I understand that plaintiffs
publish these genres of books under the name "Ibooks" or "ibooks." 1 Additionally, qualifying survey
respondents had to say that they thought they would buy a paperback or hardcover book from the
Amazon or the Barnes and Noble websites during the next 6 months. This is because Field Survey
respondents were asked to look at a page from these websites.
[GROUP A/B/C: IF WILL BUY BOOKS FROM AMAZON. COM , GROUP X//z: IF WILL BUY BOOKS
FROM BARNESANDNOBLE. COM ]
. "Do you or does anyone in your household...
- Work at this mall,
- Work for a company that prints, releases, puts out or sells books,
- Work in marketing research or advertising research?"
[IF NO TO ALL THREE]
"During the past 3 months, have you participated in a survey at a mall ?"
[IF NO]
• "Do you know anyone who has participated in this survey or did anyone tell you about
this survey before now?"
[IF NO]
• "Do you live in this area or are you visiting from somewhere else ?"
[IF LIVES IN THIS AREA]
• "When you shop for books on the Internet, do you usually wear contact lenses or
eyeglasses?" and, if so, "Do you have the contact lenses or eyeglasses with you that you
usually wear when you shop for books on the Internet?"
To qualify for the Field Survey, survey respondents age 18 and older had to say that they
thought they would buy one of the following types of paperback or hardcover books during the next
6 months: (a) a biography or memoir, (b) a history book, (c) a science fiction or fantasy book, and/or
(d) a comic or graphic novel. This requirement was based on my understanding that these are the
genres of paperback and hardcover books that plaintiffs publish under the name "Ibooks, Inc." and/or
"ibooks, Incorporated." Additionally, qualifying survey respondents in Group A, Group B, and
Group C had to say that they thought they would buy a paperback or hardcover book on the Amazon
website during the next 6 months. The reason for this is that respondents in these groups were asked
to look at a page from the Amazon website. Qualifying survey respondents in Group X, Group Y,
and Group Z had to say that they thought they would buy a paperback or hardcover book on the
Barnes and Noble website during the next 6 months. This is because qualifying survey respondents
in these groups were asked to look at a page from the Barnes and Noble website.
16
All qualifying survey respondents also were required to satisfy the following criteria:
• Not work or live in a household in which someone works (a) at the mall where the
interview was conducted; (b) for a company that prints, releases, puts out or sells books;
or (c) in marketing research or advertising research.
• Not have participated in a survey at a mall during the past 3 months.
• Not know anyone who had participated in the survey or have been told about the survey
before being interviewed.
• Live in the area where the mall was located.
• If the adult usually wears contact lenses or eyeglasses when shopping for books on the
Internet, the adult had to have these with him/her.
At the end of the screening interview, eligible adults were told the following:
"For the second part of this study, I would like to show you a page from a
website and ask you a few questions. To do this, I need to take you to our
interviewing room. This will take only a few minutes, and in appreciation for
your cooperation we will pay you $5."
Eligible survey respondents who agreed to be interviewed were taken to the interviewing
service's facility at the mall where the questionnaire was administered.
C.
Questionnaire and Survey Administration
At the beginning of the interview, interviewers asked the survey respondent to be seated in
front of a computer, and to put on contact lenses or eyeglasses if he/she normally wears them when
using a computer to access the Internet. Interviewers then told survey respondents the following:
• "I would like to show you a page from the (Amazon.com ) (BarnesandNoble.com )
website, and then I will ask you a few questions."
Interviewers then inserted a CD in the CD-ROM drive of the computer which contained a
website page from the Amazon website for Jakubowski's Murder Through the Ages (Group A, Group
B and Group C) or a website page from the Barnes and Noble website for Bester's The Stars My
Destination (Group X, Group Y, and Group Z). After the website page was loaded on the computer,
interviewers told survey respondents the following:
17
included responses for anticipated questions. Before interviewing began, Field Research project staff
reviewed each of the survey materials with local supervisors and interviewers during training sessions.
The 1,272 interviews for the Field Survey were conducted by 114 professionally trained
interviewers between August 1 and August 26, 2012. The interviews for the Field Survey were
double-blind: neither the interviewing staff nor the survey respondents were told the names of the
sponsors of the study, or that the survey might be used in connection with litigation.
Under my direction and supervision, Field Research survey supervisors, word processors, data
processors, and programmers processed the data from the completed questionnaires. After the data
initially were entered in the computer, Field Research's project staff proofed the original questionnaires
against computer printouts of verbatim responses to ensure that the data file was accurate. During data
collection, survey respondents were asked for their name and telephone number so that Field Research
could independently verify their participation. Field Research was able to reach by telephone over half
(53%) of the eligible adults who were interviewed at the mall within a week or so after they completed
an interview and independently verify that they had participated in the mall survey. 8
D.
Characteristics of Survey Respondents
Respondents for the Field Survey were recruited and interviewed at shopping malls. This
survey approach allowed interviewers to show a website page for a book to a nationwide representative
sample of persons who buy paperback or hardcover books over the Internet, and then ask a series of
questions about the book on the webs ite page. Marketing and advertising research often is conducted in
this manner. The sample for the Field Survey is not a probability sample (i.e., a sample in which the
probability of a particular person being interviewed is known). Therefore, quotas were set to ensure
that the survey respondents were representative of potential buyers of the relevant genres of paperback
and hardcover books sold on the Amazon and Barnes and Noble websites.
20
As shown in Table 5, none of the survey respondents who were shown the page from the
Barnes and Noble website for Bester's The Stars My Destination said the book was printed, released
or put out by Apple, regardless of the publisher's name.
Table 5
Companies That Printed, Released or Put Out Bester's The Stars My Destination
Test Group X
"ibooks"
Control Group Y
"jilt"
Control Group Z
(n=215)
(n=210)
(n=212)
ibooks, Inc. /flit Inc./xbooks Inc.
23%
18%
26%
Amazon or Barnes and Noble
20
21
18
Named specific publishers or said
the publisher"
5
6
5
Named specific authors or said "the
author" or "the editor"
3
6
3
Apple
0
0
0
Other
7
7
6
46
45
44
Don't know
("xbooks")
Based on responses to Q. Ia. Percentages add to more than 100% because some survey respondents
gave more than one answer to this question.
Table 6 combines the results for the two test groups (the groups shown the website pages that
listed "Ibooks, Inc." or "ibooks, Incorporated" as the publisher). The results also are combined for the
control groups (the groups shown the website pages that did not list "Ibooks, Inc." or "ibooks,
Incorporated" as the publisher). As shown in Table 6, none of the survey respondents said that Apple
was the source of the book on the website page they were shown, regardless of the publisher's name.
Table 6
Percent in the Test Groups and Control Groups Who Said "Apple"
Printed, Released or Put Out the Book on the Website Pages
Control Groups
C/Z ("Xbooks"
or "ibooks")
Control Groups
B/Y ("Ilit"
or "ilit" )
(n =428)
(n =420)
(n =424)
Test Groups
A/X ("Ibooks"
Said Apple
Did not say Apple
0%
100
Based on responses to Q. I a.
24
0%
100
or "xbooks")
0%
100
book application, one would have expected a much larger percentage of survey respondents in the
test groups than in the control groups to mention Apple and Apple products in connection with the
book on the website page they were shown. In my opinion, the Field Survey clearly shows that there
is not a likelihood of reverse confusion due to Apple's use of the "iBooks" name because the same
percentage of survey respondents in the test groups and the control groups mentioned Apple or an
Apple product in connection with the website page they were shown even though the control website
pages (unlike the test website pages) did not refer to "Ibooks, Inc." or "ibooks, Incorporated."
It is my opinion, based on my analysis of the Field Survey, my professional experience, and
my education, that the Field Survey strongly supports the conclusion that potential buyers of
paperback and hardcover books over the Internet are not likely to mistakenly believe that Apple is
the source of, a brand affiliated with, or the sponsor of books sold on the Amazon and Barnes and
Noble websites published by plaintiffs under the name "Ibooks, Inc." or "ibooks, Incorporated."
Thus, the Field Survey strongly supports the conclusion that there is not a likelihood of "reverse
confusion."
I declare under penalty of pei jury under the laws of the United States that the foregoing is
true and correct.
Executed this 17th day of September 2012 at San Francisco, California.
E. Deborah Jay, .D.
33
Appendix B
Survey Materials
• Website A/B/C ("Murder Through The Ages, "Amazon.com )
— Supervisor Instructions A/B/C
— Interviewer Instructions A/B/C
— Responses to General Questions A/B/C
— Test Group A ("Ibooks')
— Screener A
— Questionnaire Al and A2
— Website A
— Control Group B ("Ilit')
— Screener B
— Questionnaire BI and B2
— Website B
— Control Group C ("Xbooks')
— Screener C
— Questionnaire Cl and C2
— Website C
• Website X/Y/Z ("The Stars My Destination, " BarnesandNoble. corn)
— Supervisor Instructions X/Y/Z
— Interviewer Instructions X/Y/Z
— Responses to General Questions X/Y/Z
— Test Group X ("ibooks')
— Screener X
— Questionnaire X1 and X2
— Website X
— Control Group Y ("ilit')
— Screener Y
— Questionnaire Y1 and Y2
— Website Y
— Control Group Z ("xbooks')
— Screener Z
— Questionnaire ZI and Z2
— Website Z
Appendix B
PART 2: QUESTIONNAIRE
Qla. Now, for my first question. (PAUSE.) What company or companies do you think printed, released
or put out this book? (RECORD RESPONDENT'S EXACT WORDS.)
Q 1 b. What makes you think this? (RECORD RESPONDENT'S EXACT WORDS.)
Q 1 c. Can you be more specific? (RECORD RESPONDENT'S EXACT WORDS)
Q l d. Are there any other reasons why you think this? (RECORD RESPONDENT'S EXACT WORDS.)
H:\1030004\Quex\2012 Consumer Opinion Survey Quex A2.doc
Q2a. Now, I am going to read you a question that has three answer choices. (PAUSE) Please do not
answer until I have finished reading the question and the three answer choices. (PAUSE.) After I
am done reading, if you would like me to repeat the question and answer choices, just ask me.
(PAUSE.)
Now, with respect to the company or companies that printed, released or put out this book.. .Do you
think... (READ CATEGORIES AND CHECK ONE BOX).
One, that they have not made or put out other things, besides
books .......................................................................................... u
ASK Q2b
GO TO
Q3a
Two, that they have made or put out other things, besides
books , or .................................................................................... u
Three, do y ou have no opinion? ...................................................
Y
~
u Goa -- ►
Q3a
Q2b. What else besides books do you think they have made or put out? (RECORD
RESPONDENT'S EXACT WORDS.)
Q2c. What makes you think this? (RECORD RESPONDENT'S EXACT WORDS.)
Q2d. Can you be more specific? (RECORD RESPONDENT'S EXACT WORDS.)
Q2e. Are there any other reasons why you think this? (RECORD RESPONDENT'S EXACT
WORDS.)
H:\1030004\Quex\2012 Consumer Opinion Survey Quex A2.doc
4
Q3a. This question also has three answer choices. (PAUSE) Once again, please do not answer until I
have finished reading the question and the three answer choices. (PAUSE.)
Now, with respect to the company or companies that printed, released or put out this book.. .Do
you think... (READ CATEGORIES AND CHECK ONE BOX).
ASK
Q3b
One, that they did not receive permission or approval from some
GO TO
other company to print, release or put out this book . ................ ..
Q101
Two, that they did receive permission or approval from some
other company to print, release or put out this book, or............ 0
GO TO
0. Q101
Three, do you have no opinion?
...................................................
Q3b. What company or companies do you think gave their permission or approval for this
book to be printed, released or put out? (RECORD RESPONDENT'S EXACT WORDS)
Q3c. What makes you think this? (RECORD RESPONDENT'S EXACT WORDS.)
Q3d. Can you be more specific? (RECORD RESPONDENT'S EXACT WORDS.)
Q3e.
Are there any other reasons why you think this? (RECORD RESPONDENT'S EXACT
WORDS.)
H:\1030004\Quex\2012 Consumer Opinion Survey Quex A2.doc
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Murder Through the Ages: A Bumper Anthology of
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Book Description
Publication Date: March 1, 2006
With a wide array of talent, such as Kate Ellis, author of the West County Murder Mysteries, Peter Tremayne, author of A Mystery of Ancient
Ireland series, Ian Morson, author of theWilllam Falconer Medieval Mystery books and Dead Letter Mysteries, and Manda Scott, author of The
Boudlca Trilogy, among others, Murder Through the Ages Is a compendium of not-to-be-missed historical mysteries.
------------------------------------------------------------------------------------------------------- ------------------------------------------------------------
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Maxim Jakubowski was bom in Barnet, London but brought up in Paris. He followed a career in publishing by opening the Murder One bookshop in
London in 1988. He writes, edits and publishes in many areas of genre fiction, including SF and fantasy, mystery and erotica. He is an official
advisor to several international film festivals, writes for a variety of publications including the "Observer," the "Big Issue" and 'Time Out," and
reviews crime in a monthly column in the "Guardian." He is also contributing editor to "Mystery Scene," a director of London's Crime Scene
Festival and a winner of the Anthony Award.
------------- --------------------------- - — — -- — -------------------------------------------------------------- — --- — -------- — ----------------------------------
ProdLict Details
Paperback: 512 pages
Publisher: Ibooks, Inc. (March 1, 2006)
Language: English
ISBN-10: 1596873221
ISBN-13:978-1596873223
Product Dimensions: 5.3 x 1.3 x 8.3 inches
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15 of 15 people found the following review helpful
Murder Through The Ages! January23,2007
----------------
By Michael OConnor
TOP 500 REVIEWER
Murder mystery fans who prefer their dirty deeds served up in small doses should pick up this
new short story collection from ibooks. Editor Maxim Jakubowski has assembled a stellar
collection of mystery scribes like Peter Tremayne, Kate Ellis, Susanna Gregory, Paul Doherty,
Search Customer Reviews
Ian Morson and 20 others to spin tales of murder most foul. With a few exceptions,
Jakubowski's anthology offers a bumper crop of stories.
The 25 stories contained in this anthology range, chronologically, from the 10th Century BC to
1941. Most are set in England though other settings - Mount Olympus, Norway, Rome, Ireland,
New York, RMS TITANIC, etc. - are used. Almost all of the characters in the stories are new
with just a few familiar faces - Sherlock Holmes, Robin Hood, Sister Fidelma - popping up.
Jakubowski is to be complimented for assembling such a high-quality effort. I especially
enjoyed 'Raven Feeder,' an exceptionally well-done tale by Manda Scott, 'Flyting, Fighting'
Clayton Emery's engaging, taming-of-the-shrew-ish take on Robin Hood and Maid Marian,
Susanna Gregory's wonderfully wicked 'Trebuchet Murder,' Mat Coward's 'But Poor Men Pay
for All' and several others. Scott and Coward especially are wordsmiths of the first order.
I would have given the book five stars but, for the life of me, I couldn't get into Ian Morson's 'A
Right Royal Attempt.' Likewise Lauren Henderson's 'Dark Mirror.' And I absolutely hated the
opening story 'Who Killed Dido?' by Amy Myers with Greek gods talking and acting like jivetalking sitcom characters.
In any case, I recommend this book to other murder mystery fans. There are many fine stories
to savor in this collection, several high-quality gems and, in my opinion, a few duds. Read and
enjoy!
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#5 in the Millennium SF Masterworks series,
a library of the finest science fiction ever written.
"Science fiction has only produced a few works of actual genius,
and this is one of them"-Joe Haldeman
"Beater at the peak of his powers is, quite simply, unbeatable"
-James Lovegrove
Marooned in outer space after an attack on his ship, Nomad, Gulliver Foyle lives to obsessively
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Alfred Bester was among the first important authors of contemporary science fiction. His
passionate novels of worldly adventure, high intellect, and tremendous verve, The Stars My
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before his death. Bester also was an acclaimed journalist for Holiday magazine, a reviewer for
the Magazine of Fantasy and Science Fiction and even a writer for Superman.
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Gale Research
Samuel R. Delaney
Bester's The Stars My Destination was "said by many people to be the best science fiction
Considered by many... to be the single greatest SF
novel ever written," T. A. Shippey related in the Times Literary Supplement. Wendell called it
novel.
"undoubtedly Bester's masterpiece, showing his 'pyrotechnical' style at its best." In the opinion
of Village Voice reviewer Robert Morales, "The Stars My Destination—an incredible takeoff on
The Count of Monte Cristo, and James Joyce pastiche—burlesqued the adventure novel into high
art. Both story and novel excel in sheer lunatic excitement."
Product Details
ISBN-13: 9781876963460
Publisher: ibooks, Incorporated
Publication date: 6/30/2011
Edition number: 2
Pages: 236
Sales rank: 85,383
Product dimensions: 6.00 (w) x 9.00 (h) x 0.54 (d)
Customer Reviews
Average Rating 4.5
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Anonymous
Posted June 13, 2000
Submit
Showing all of 20 Customer Reviews
Incredible) Coolest Sc-Fl ever written.
I have always seen this book listed on best of lists. I thought nothing of it. I thought it would be another old style sci-fi
romp in the style of Heinlein or Asimov. it's not. It reads like it was written this year. Now I see where William Gibson got
his start, Neal Stephenson too. This is cyberpunk without computers. It's dark, brooding, and probably the most
imaginative piece of fiction I've ever read. Remember that scene at the end of the matrix where he stands up and flexs and
the hallways wobbles.. remember how cool that was? This entire book is that cool.
2 out of 2 people found this review helpful.
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HobbitForming
Posted March 30, 2009
more from this reviewer
No Report this review
People make lists of the "must read classics"
And this certainly cams its place among them.
Many things have and can be said about this book, but the most important ones are "Read it!"
Bester takes a page to draw you in to his world, but once he has you there it Is nearly impossible to turn away. If it has
any "flaw', it is the distraction of a superior wordsmith at work when one is used to what passes for great writing too many
times these days.
1 out of 1 people found this review helpful.
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Anonymous
Posted September 12, 2007
Cyberpunk Forerunner
Drifting abandoned in space for six months in the wreckage of the spaceship NOMAD, uneducated ship's mate Gulliver
Foyle has survived in a small closet not much larger than a coffin. Another ship finally arrives in response to his distress
signal, but his relief turns quickly to blinding anger when the VORGA leaves him to die. Driven by his lust for revenge,
Foyle sets in motion his escape from the NOMAD's wreckage to pursue the crew of the VORGA. The story, no doubt
familiar to most, is tom from The Count of Monte Cristo and set in a future where individuals are able to jaunte, or teleport,
limited distances and the solar system is engulfed in a shooting war between the inner and outer planets. Author Alfred
Bester, who many have called the "father of cyberpunk" (a noir subgenre of science fiction focusing on the lower elements
of a high-tech society), has created a vivid universe and populated it with memorable characters. In the jaw-dropping
climax, Bester shatters all of his own rules (right down to the typeface in the book) and reveals the hidden powers in his
protagonist. TSMD is fascinating reading, not only for the story but for the ideas Bester presents and, most of all, the
manner in which they are presented. Not only is this book a classic of the science-fiction genre, but it has become a
personal favorite of mine.
I out of 1 people found this review helpful.
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Anonymous
Posted June 24, 2005
Bester Is the Best!!
This is a must read for any one. Alfred Bester is, in my opinion, the best Sci-Fi writer.
1 out of I people found this review helpful.
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No Report this review
Anonymous
Posted August 15, 2001
You can't afford to miss It.
I read Tiger Tiger (or The Stars My Destination, if you prefer) over 7 years ago for the first time. I've been rereading it (now
in newer print) since then at least once a year and every time I do so, I find something new to learn from it. The Stars My
Destination is a story of a man who was risen by a hand of fate from the very bottom of a social ladder and eventually
achieved what any intelligent person would strive for. Yet this is not a tale of a peasant-turned-prince. Relying on the thirst
for revenge in the same way others rely on love, faith, etc., the protagonist of the novel brings the reader through a stormy
life, never once making the narative seem boring or unnecessary. Although the protagonist is a criminal - a cancer, as he
puts it - I always considered him the ultimate role model for myself and I believe many others would agree with my pick. I
strongly recommend this book to any reader, even if you don't like science fiction.
I out of 1 people found this review helpful.
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Anonymous
Posted July31, 2001
Vorga I rot you I crack you I kill you filth!
Tiger, Tigerl(Published the following year in the US as Stars My Destination) is for most, one of the best science fiction
novels and for me, THE best science fiction novel ever written. In all his works, even the lesser ones, Alfred Bester's
trademark is how engaging his characters are. Stars my Destination is one of the great works of the genre that does not
focus on an individual event, but on characters. True, this book could not exist without an interplanetary war nor the advent
of Jaunting(a telekinetic triggered quantum tunneling mode of transport is the best description I make) however this story is
about Gully Foyle. A gradual transformation of him from a brutish man to well., .you really must read it. This book speaks
of the value of education as his character's moral substance grows from microscopic to universal due to his absorbt!on of
knowledge. He cannot help but become a better person for the aquiring of it even though his original goal was for pure
vengence and was driven by reaction. This is one of literature's best examples of the lengths of unnoticed potential that
lies within each person. I believe the most significant contribution of this novel however, is the vocalization of the idea that
the will to destroy is no less dangerous than destruction itself. I write of the weapon sought after by all in the book. As this
involves a key plot point I do not feel at liberty to scribble about it further. Those are only two of the many characteristics of
this novel that set it apart from other science fiction. Only one part of the book could be called dated (Dagenheim's
impossible physical anomaly) which in itself screams loudly of the quality of writing. To end, I consider this the best novel
in it's genre and one of the best books written in the last century. That may seem a little extreme even to some who have
read it. But having read the book several times, I cannnot help but find it an accurate phrase. This book should be read
twice, once for the incredibly entertaining style of Bester's writing, and again for the thoughts that occur behind the action.
I out of 1 people found this review helpful.
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Anonymous
Posted June 28, 2001
No Report this review
Incredible
I'm not really a big Sci-Fi reader, but when a good friend recommended this book to me, I thought I'd give it a try... and I
loved this book! This is just a wonderful story, full of interesting things that make you think. And the moral is clear, the
main character Gully even says it in a speech at the end of the book, 'Die or live and be great.' I really loved this book, and
recommend it to ANYONE looking for a good book to read. It was incredible.
1 out of 1 people found this review helpful.
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Anonymous
Posted November 10, 2000
A Sci-Fi Rollercoaster Ride!
A masterpiece of hard Sci-Fi. This book Introduces and then details an epic tale filled with energy. As I began to read this
book I was taken away by its fast pace and extraordinary storyline. The central character is a unique but ordinary space
mechanic who was wronged (in a big way). From page 1 you will be carried away from space to a future earth, to the far
reaches of the galaxy and back again. If you love hard Sci-Fi than acquire this book and cherish it. If only 'Hollywood'
would embrace this novel than we could all enjoy a movie not unlike 'Blade Runner' in its scope and characters.
1 out of I people found this review helpful.
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kamas716
Posted March 10, 2012
more from this reviewer
A tremendous work of fiction. Even reading it today doesn't see
A tremendous work of fiction. Even reading it today doesn't seem all that dated. This is the novel that proved to me that
Beater deserves to be mentioned at the pinnacle of SF writing.
Gully Foyle is not a nice man, but he can do some amazing things. And everyone wants to know HOW he can do them.
Unfortunately, Gully is a little fuzzy on the details of what happened. We get to follow along as Gully figures it out.
Was this review helpful? Yes No Report this review
cwms
Posted February 1, 2012
Probably a good book, but the nook version is broken
iBooks seems to have failed to do any correction of errors from scanning in the digital version. On every page, many words
have a space in the middle of them causing the words to break across pages. Certain characters from the book are
incorrectly translated to the electronic version (an 0 with a cross at the bottom turns into a subscript T). I only got through
25 pages before it annoyed me enough to stop reading, at least on the nook. Maybe I'll find it electronically at some other
store minus the errors, or just go with the print version.
I think the book itself is probably good (I enjoyed the beginning), but the formatting Issues made it too annoying to read, for
me.
0 out of I people found this review helpful.
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Posted April 17, 2010
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Anonymous
Posted March 13, 2010
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Posted December 26, 2008
No text was provided for this review.
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Posted June 27, 2009
No text was provided for this review.
Anonymous
Posted January 13, 2012
No text was provided for this review.
Anonymous
Posted March 24, 2009
No text was provided for this review.
Anonymous
Posted May26, 2012
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Posted July23, 2009
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Anonymous
Posted October28, 2008
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Anonymous
Posted March 1, 2009
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Appendix H
Control Group B (Ilit, Inc.)
What Companies Gave Their Permission or Approval
for the Book To Be Printed, Released or Put Out
Base: Respondents in Control Group B who said the company or companies
that printed, released or put out this book received permission or approval
from some other company to do this in response to Question 3a.
Q3b. What company or companies do you think gave their permission or
approval for this book to be printed, released or put out?
Q3c. What makes you think this?
Q3d. Can you be more specific?
Q3e. Are there any other reasons why you think this?
Appendix H
ID.
Q3b.
Q3c.
Q3d.
Q3e.
2089 I don't know.
I never really got
I know there are so
many companies out into publishers, so I
there. I wouldn't
really have no idea.
even begin to know
their names.
M
2090 Edit magazines.
Because you can't
No.
copy a book without
copyright.
No.
2091 A company that
might be connected
to this same
company.
On the Amazon.com M
page, I could see a
lot of information
and they probably
did get permission.
No.
2092 To me, it would be
the writer and their
representatives.
Because you have to I don't think I can
have their
get any more
permission legally,
specific than that.
and nobody wants to
be sued.
No.
2093 I Maxim Jakubowski.
That's the name on
the book.
2094 I do not know.
Just a feeling I have. No.
2095 The booking
company.
They have to get it
proofread and
revised before they
put it out.
2097 Whatever company
publishes the book.
Someone would
I No.
need to give
permission for them
to put it on their
website.
I No.
2099 That I wouldn't
know.
Only because of
today's legal age
where everybody
sues everybody for
something.
No, that's pretty
much it. Nowadays
you look at
somebody and they
will sue you.
2104 I I don't know
Because it looks like I No.
it involves facts and
fiction, and it is an
anthology.
Appendix H
It's Maxim
Jakubowski's book,
so approval would
have to be given or
they'd sue.
No.
No.
It can be too graphic No.
or explicit for the
public.
The copyright
protections.
No.
Page 4
ID.
Q3b.
Q3c.
Q3d.
Q3c.
2134
The author of the
book.
If someone else did
it, it would be
copyright
infringement.
No.
No.
2135
I don't know.
It does not say on
the webpage.
No.
No.
2136
The author.
Can't take
something without
their permission.
No.
No.
2137
No idea.
I didn't really notice
anything on the
website about it.
I didn't even see the
publisher's name
when I did a quick
glance at the
webpage.
No.
2139
Amazon.
Because they are
selling the book.
No.
No.
2142
I don't know. Maybe I don't know. I just
Harper One.
said it.
Im
No.
2143
From whoever wrote No.
the stories.
No.
No.
2147
From the writer of
the book.
He wrote it, so he
gets to decide who
puts it out.
No.
I think the writer
would have an agent
to make those kinds
of decisions.
2149
They had to go
through copyright
from the
government to
approve this book.
Every book has to,
because copyright
laws are strict.
It's the law.
No other reasons.
2150
Amazon.
The law.
No.
No.
2151
I have no idea.
Just not sure.
I don't know the
names of other
publishing
companies.
No.
Because of
copyright laws
You can be sued for I No.
publishing
unauthorized
materials.
2152 They had to get it
from the author.
2154 I Amazon.com and I That is the usual
process.
the author and his
editor.
Appendix H
No.
No.
Page 6
ID.
Q3b.
2177 I don't know the
name.
Q3c.
Q3d.
I guess if you do
What I read about
him starting his own that, you have
book company and permission.
publishing company.
I wouldn't know.
Q3e.
No.
There would be
lawsuits.
2178
I have no opinion. It It could have been
is very complex. It
sent here by a
bookseller.
was published in
England and sent
here.
2180
The author,
publisher. I don't
know.
Because of
copyright.
The copyright laws. No.
2184
Whoever published
the book or wrote it.
You have to get
stuff approved.
No.
2185
Harcourt Branch.
The only company
that comes to mind.
The only big-name No.
publishing company
I know.
2187
Amazon.
It's on their website.
It's a good, reliable
website.
2188
Ilit, Inc.
They are
copywritten. The
author has to sell
rights to the book to
a publisher.
That's what authors No.
do. They sell stories
to publishers who
have the rights to the
story.
No idea. Whoever
had the royalties on
the book would give
permission.
Content of the book No.
— anything of the
graphic pictures that
could be
misconstrued as
stolen.
2194
Because they are
selling it at lower
prices.
Because of
copyright.
You don't want to
violate copyright
laws.
I No.
2196
I don't know what
other companies.
Obviously, Amazon
is selling the book
for them.
We're on the
Amazon page
browsing for this.
No, that's pretty
much it.
M
2197
Ilit, Inc.
They are listed
under Product
Details.
ZI,
Appendix H
No.
No.
Page 8
Appendix U
Underlying Data Tables
Appendix U
Sep 17, 2012 10:24
Table 33
Page 38
2012 Consumer Opinion Survey
FINAL
Q.3b What company or companies do you think gave their permission or approval for this book to be printed, released or put out?
Base : Overall Sample
Test
Groups
Control Groups
- ------
Group
----------------------
-----------
B
Ilit
------
C
Xbooks
------
X
ibooks
-----------
Y
ilit
-----------
Z
xbooks
------
A/X
Ibooks/
ibooks
-------
213
100.0
210
100.0
212
100.0
215
100.0
210
100.0
212
100.0
428
100.0
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
2
0.9
-
-
-
8
3.8
7
3.3
5
2.4
-
-
-
-
6
2.8
-
-
-
-
1
0.5
-
-
-
-
7
3.3
7
3.3
------------------------------------------------
A
Ibooks
Base
Apple/Other Apple
products (net)
Apple
Other Apple products
Ibooks/Ilit/Xbooks/
ibooks/ilit/xbooks (net)
Ibooks/ibooks
8
3.8
------
------
2
0.9
Amazon/Barnes and Noble
(net)
Amazon
Barnes and Noble
Project #1030-004
420
100.0
424
100.0
-
-
-
-
-
-
-
-
-
-
-
-
------
-------
-
2
0.5
-
-
-
-
-
-
-
6
2.8
1
0.5
7
3.3
14
3.3
20
2.4
8
1.9
12
2.8
-
-
-
-
-
14
3.3
-
-
-
-
-
-
-
-
-
8
0.9
8
1.9
-
-
5
2.4
10
4.7
8
3.8
7
3.3
13
6.0
9
4.2
8
3.8
6
2.8
3
1.4
1
0.5
-
1
0.5
11
5.1
-
844
100.0
------
-
-
Xbooks/xbooks
2
0.5
Total
------
-
7
3.3
-
-------
-
-
Ilit/ilit
------
B/Y
C/Z
Ilit/ Xbooks/
ilit xbooks
------ -------
-
12
1.4
8
3.8
23
5.4
-
2
0.9
7
3.3
6
2.8
-
-
-
12
2.8
30
3.6
15
3.6
15
3.5
12
2.8
16
1.9
8
1.9
8
1.9
12
2.8
14
1.7
7
1.7
7
1.7
-
-
Field Research Corporation
Sep 17, 2012 10:24
Table 33
Page 39
2012 Consumer Opinion Survey
FINAL
Q.3b What company or companies do you think gave their permission or approval for this book to be printed, released or put out?
Base : Overall Sample
-
C
Xbooks
----
X
ibooks
------
Y
ilit
------
Z
xbooks
------
Test
Groups
A/X
Ibooks/
ibooks
-------
213
100.0
210
100.0
212
100.0
215
100.0
210
100.0
212
100.0
428
100.0
844
100.0
420
100.0
424
100.0
Misc. authors or the
author (net)
23
10.8
25
11.9
25
11.8
13
6.0
13
6.2
12
5.7
36
8.4
75
8.9
38
9.0
37
8.7
The author/editor
(nonspecific)
18
8.5
24
11.4
24
11.3
13
6.0
11
5.2
9
4.2
31
7.2
68
8.1
35
8.3
33
7.8
Maxim Jakubowski/
chapter authors
5
2.3
1
0.5
1
0.5
-
-
-
-
-
-
5
1.2
2
0.2
1
0.2
1
0.2
-
-
-
-
-
-
-
-
2
1.0
3
1.4
-
5
0.6
2
0.5
3
0.7
-
-
-
-
-
-
-
-
-
-
19
8.9
15
7.1
17
8.0
11
5.1
11
5.2
11
5.2
30
7.0
54
6.4
26
6.2
28
6.6
-
-
-
-
-
-
-
-
-
-
Misc. publishers
(e.g., Random House)
2
0.9
2
1.0
2
0.9
2
0.9
2
1.0
2
0.9
4
0.9
8
0.9
4
1.0
4
0.9
The publisher
(nonspecific)
17
8.0
13
6.2
15
7.1
9
4.2
9
4.3
9
4.2
26
6.1
46
5.5
22
5.2
24
5.7
10
4.7
15
7.1
15
7.1
9
4.2
7
3.3
11
5.2
19
4.4
48
5.7
22
5.2
26
6.1
Group
------
------------------------------------------------
A
Ibooks
-----Base
Alfred Bester
Other authors
Misc. publishers or the
publisher (net)
ipicturebooks
Other (net)
Project #1030-004
B
Ilit
-----
--
-
Control Groups
----------------------
Total
------
B/Y
C/Z
Ilit/ Xbooks/
ilit xbooks
------ -------
Field Research Corporation
Sep 17, 2012 10:24
Table 33
Page 40
2012 Consumer Opinion Survey
FINAL
Q.3b What company or companies do you think gave their permission or approval for this book to be printed, released or put out?
Base : Overall Sample
C
Xbooks
X
ibooks
Y
ilit
Z
xbooks
Test
Groups
A/X
Ibooks/
ibooks
210
100.0
212
100.0
215
100.0
210
100.0
212
100.0
428
100.0
-
-
-
-
-
-
-
-
-
-
-
-
1
0.5
-
-
-
-
2
0.5
-
-
-
-
-
-
-
-
-
-
1
0.5
1
0.5
2
0.9
3
1.4
1
0.5
2
0.9
4
0.9
6
0.7
2
0.5
4
0.9
3
1.4
1
0.5
2
0.9
3
0.7
3
0.4
1
0.2
2
0.5
-
-
-
-
-
-
1
0.2
3
0.4
1
0.2
2
0.5
-
-
-
-
-
-
4
1.9
2
0.9
3
0.7
13
1.5
8
1.9
5
1.2
-
-
-
-
-
-
-
-
-
-
Group
------
------------------------------------------------
A
Ibooks
213
100.0
Base
B
Ilit
Misc. websites or book
sellers (subnet)
1
0.5
Other named book
seller (e.g.,
Borders, Books Inc.)
1
0.5
Non-book website
e-reader (subnet)
Nook, Nookbook
1
0.5
e-readers
The copyright holder/
office
Computer (nonspecific)
Project #1030-004
-
-
-
-
1
0.5
1
0.5
2
0.9
-
-
-
-
3
1.4
4
1.9
3
1.4
-
-
-
-
-
Kindle
-
-
-
1
0.5
2
0.5
1
0.2
Control Groups
----------------------
B/Y
C/Z
Ilit/ Xbooks/
ilit xbooks
Total
844
100.0
420
100.0
424
100.0
-
-
-
-
-
-
-
-
-
-
-
-
Field Research Corporation
Sep 17, 2012 10:24
Table 33
Page 41
2012 Consumer Opinion Survey
FINAL
Q.3b What company or companies do you think gave their permission or approval for this book to be printed, released or put out?
Base : Overall Sample
Test
Groups
Control Groups
- ------
Group
----------------------
A
Ibooks
B
Ilit
C
Xbooks
X
ibooks
Y
ilit
Z
xbooks
A/X
Ibooks/
ibooks
213
100.0
210
100.0
212
100.0
215
100.0
210
100.0
212
100.0
428
100.0
844
100.0
-
-
-
-
1
0.5
1
0.5
-
1
0.5
1
0.2
2
0.2
5
2.3
10
4.8
9
4.2
5
2.3
2
1.0
6
2.8
10
2.3
35
16.4
31
14.8
20
9.4
37
17.2
27
12.9
22
10.4
35
16.4
31
14.8
20
9.4
37
17.2
27
12.9
-
-
-
-
117
54.9
114
54.3
132
62.3
Q3a - Did not receive
permission or approval
27
12.7
26
12.4
Q3a - No opinion
90
42.3
------------------------------------------------
Base
The printer
Other
Don't know/No answer
(net)
Don't know
No answer
Not applicable (net)
Addsto:
Rows
Respondents
Project #1030-004
Total
B/Y
C/Z
Ilit/ Xbooks/
ilit xbooks
420
100.0
424
100.0
-
2
0.5
27
3.2
12
2.9
15
3.5
72
16.8
100
11.8
58
13.8
42
9.9
22
10.4
72
16.8
100
11.8
58
13.8
42
9.9
-
-
-
-
-
-
132
61.4
148
70.5
149
70.3
249
58.2
543
64.3
262
62.4
281
66.3
34
16.0
30
14.0
22
10.5
36
17.0
57
13.3
118
14.0
48
11.4
70
16.5
88
41.9
98
46.2
102
47.4
126
60.0
113
53.3
192
44.9
425
50.4
214
51.0
211
49.8
----
----
----
----
----
----
----
----
----
222
213
215
210
221
212
226
215
214
210
220
212
448
428
870
844
429
420
-
-
441
424
Field Research Corporation
Sep 17, 2012 10:24
Table 34
Page 42
2012 Consumer Opinion Survey
FINAL
Qla2b3b Composite: mentioned Apple, iBook app, iBook computer, iPhone or other Apple products
Base : Overall Sample
Test
Groups
Control Groups
- ------
Group
----------------------
B/Y
C/Z
Ilit/ Xbooks/
ilit xbooks
C
Xbooks
X
ibooks
Y
ilit
Z
xbooks
A/X
Ibooks/
ibooks
212
100.0
215
100.0
210
100.0
212
100.0
428
100.0
844
100.0
420
100.0
424
100.0
-
1
0.5
2
0.9
1
0.5
1
0.5
2
0.5
3
0.4
1
0.2
2
0.5
-
-
-
-
-
-
-
-
-
2
0.9
-
-
-
-
-
-
-
-
-
-
-
-
-
iBook computer
-
-
-
-
-
iPhone
-
-
-
-
-
-
-
-
1
0.5
213
100.0
210
100.0
----
213
213
------------------------------------------------
A
Ibooks
Base
Apple, iBook app, iBook
computer, iPhone or
Apple products (net)
Apple
iBook app
Other Apple products
(net)
All others
Addsto:
Rows
Respondents
Project #1030-004
B
Ilit
213
100.0
210
100.0
-
-
-
2
0.5
Total
-
1
0.2
-
-
-
-
-
-
-
3
0.4
1
0.2
2
0.5
211
99.5
426
99.5
841
99.6
419
99.8
422
99.5
----
----
----
----
----
210
210
213
212
428
428
845
844
420
420
-
1
0.1
-
-
-
-
-
-
1
0.5
1
0.5
211
99.5
213
99.1
209
99.5
----
----
----
210
210
212
212
215
215
-
-
-
1
0.5
-
-
-
---425
424
Field Research Corporation
Sep 17, 2012 10:24
Table 35
Page 43
2012 Consumer Opinion Survey
FINAL
Qla2b3b Composite: mentioned Ibooks/ibooks AND Apple, iBook app, iBook computer, iPhone or other Apple products
Base : Overall Sample
Test
Groups
Control Groups
- ------
Group
----------------------
C
Xbooks
X
ibooks
Y
ilit
Z
xbooks
A/X
Ibooks/
ibooks
210
100.0
212
100.0
215
100.0
210
100.0
212
100.0
428
100.0
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
1
0.5
-
-
-
-
1
0.2
------------------------------------------------
A
Ibooks
Base
Mentioned Ibooks/ibooks
AND one or more of the
following (net)
Apple
B
Ilit
213
100.0
1
0.5
1
0.2
B/Y
C/Z
Ilit/ Xbooks/
ilit xbooks
Total
844
100.0
420
100.0
424
100.0
-
-
-
-
-
-
-
-
-
-
-
-
iBook app
-
-
-
-
-
-
-
-
-
-
iBook computer
-
-
-
-
-
-
-
-
-
-
iPhone
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
97
22.7
-
-
50
23.3
-
-
-
-
-
424
100.0
Other Apple products
(net)
Mentioned Ibooks/ibooks,
but not Apple, iBook
app, iBook computer,
iPhone or other Apple
products
47
22.1
Did not mention ibooks
166
77.9
210
100.0
212
100.0
164
76.3
210
100.0
212
100.0
330
77.1
844
100.0
420
100.0
----
----
----
----
----
----
----
----
----
213
210
212
215
210
212
428
844
420
Adds to:
Rows
Project #1030-004
424
Field Research Corporation
Sep 17, 2012 10:24
Table 35
Page 44
2012 Consumer Opinion Survey
FINAL
Qla2b3b Composite: mentioned Ibooks/ibooks AND Apple, iBook app, iBook computer, iPhone or other Apple products
Base : Overall Sample
Test
Groups
Group
Control Groups
-------
----------------------
A/X
Y
Z
Ibooks/
ilit xbooks ibooks Total
------------------------------------------------
A
Ibooks
Base
Respondents
Project #1030-004
B
C
Ilit Xbooks
X
ibooks
B/Y
C/Z
Ilit/ Xbooks/
ilit xbooks
213
100.0
210
100.0
212
100.0
215
100.0
210
100.0
212
100.0
428
100.0
844
100.0
420
100.0
424
100.0
213
210
212
215
210
212
428
844
420
424
Field Research Corporation
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