There is a precedent for the argument that giving the book away for free doesn't count as the lowest sale price (it isn't being sold).
On Dec 3, 2010, Marcello Perathoner <marcello@perathoner.de> wrote:
On 12/03/2010 01:30 PM, Joshua Hutchinson wrote:
> 3 - I also think we should have (we as in PG) "published" everything to Amazon
> et al as soon as it became obviously this new-fangled ebook reader fad was gonna
> stick around!
From preliminary research it figures that:
- You cannot offer free Kindle books (yet).
- Minimum price would be $0.99 - $2.99 (depending on size).
- We would get only 35% royalty (you are not allowed to sell
PD stuff under the 70% royalty option).
furthermore:
"... you must adjust the List Price as required to ensure that the List
Price, plus 15% (the statutory Luxembourg VAT rate) for sales to UK
customers, does not exceed the lowest of: (a) the lowest suggested
retail price or equivalent price for any digital or physical edition of
the Digital Book; (b) the lowest price at which you list or offer any
digital or physical edition of the Digital Book on any website or other
sales channel; and (c) any maximum List Price we provide from time to
time in the Program Policies."
----
http://forums.digitaltextplatform.com/dtpforums/entry.jspa?externalID=393
This has the ridiculous consequence that everybody can sell stuff from
PG on Amazon except PG. We would have to match the price we 'sell' the
book on gutenberg.org and at the same time maintain a minimum price of
$0.99.
--
Marcello Perathoner
webmaster@gutenberg.org