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Predictions that the move to an agency model would be messy have proven correct with the most serious consequence being the inability of Penguin and Amazon to reach an agreement over terms of sale. As a result, Penguin e-books released beginning today will not be available at the Kindle store. E-books released prior to April 1 are still for sale at the $9.99 price.

In a letter to agents and authors, Penguin CEO David Shanks explained that Penguin has reached new terms of sale agreements with a number of e-booksellers, but not Amazon.  "Our conversations with Amazon are ongoing and we do hope to continue our long-time relationship with them," Shanks said. Shanks noted that new Penguin e-books "are available through Barnes and Noble.com, Sony, Kobo, eBooks.com, reader applications on the iPhone and soon on the iBookstore for the iPad.  Additionally, we're working with our digital delivery partners (Ingram, Overdrive, and Baker & Taylor) to make your eBooks even more widely available." He added the sales of print books are not affected by Amazon's actions regarding new e-books.

Amazon has reached agency deals with HarperCollins, Simon & Schuster and Hachette. Stil, late Wednesday night Hachette CEO David Young sent a letter to authors and agents warning them of possible problems in moving from the traditional model to the agency plan, but that he believed any issued could be resolved quickly.  In his letter, Young said Hachette has made arrangements with most of its e-book distributors to operate under the agency model. "However," Young said, "as with any transition, we expect there will be a few hiccups along the way, and you may even see some short-term interruption in the availability of our eBooks, especially in the first few days, as systems are being adapted to accommodate changes. We fully expect any such issues to be resolved within the first week, as we smooth out the new processes."  

In closing his letter to agents and authors, Penguin's Shanks observed, "We want you to know that when it comes to digital publishing, your interests and ours are aligned.  As your publisher, our first and foremost concern is that we protect the value of your books.  We appreciate your support. And, we trust that you are as excited as we are at the opportunity to sell books in all formats and to invent new ones as well."

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