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Censorship The Almighty Buck United States Your Rights Online

Best Buy Uses DMCA To Quash Black Friday Prices 640

Sethb writes "It looks like Best Buy didn't learn from Wal-Mart last year, and has now invoked the DMCA in order to prevent FatWallet from posting information about what items they will have on sale the day after Thanksgiving. Hopefully FatWallet will stand up for themselves again, and Best Buy will be laughed out of court."
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Best Buy Uses DMCA To Quash Black Friday Prices

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  • Next Headline: (Score:5, Insightful)

    by j0keralpha ( 713423 ) * on Sunday November 16, 2003 @02:59PM (#7488334)
    Major Book Publishers use DMCA to quash blurbs and book reviews!

    This law is getting just a shade ridiculous.
  • by Anonymous Coward on Sunday November 16, 2003 @03:00PM (#7488339)
    ill be saving lots of money by sticking with ad-busters "National Buy Nothing Day" on "black friday" and sticking up for our culture.

    or whats left of it.

    have fun at wal-mart suckers
    • by fredmosby ( 545378 ) on Sunday November 16, 2003 @03:26PM (#7488496)
      America has been based on consumerism for the last 50 years. Doesn't that make it part of American culture?
      • by adamfranco ( 600246 ) <adam@NoSPAm.adamfranco.com> on Sunday November 16, 2003 @04:07PM (#7488749) Homepage
        America has been based on consumerism for the last 50 years. Doesn't that make it part of American culture?

        Yes, it does. It is sad that our [American] culture is defined by consumerism as opposed to food, literature, art, music, fairy tales, and social events.

        When someone says "American Culture", what is the first thing that pops into your head? I think Coke, or something along those lines. Say "Russian Culture" and I think ballet, itsy-bitsy figure skaters, and vodka. "Italian?" Pasta mama mia! And opera. Ferrari is there, but somewhere down the list.

        Granted, cultural history here starts about 300 years ago, versus 2,000-4,000 years in much of the rest of the world. I'm not including Native Americans because we, for all intents and purposes, exterminated them. Lack of an ancient heritage doesn't have to mean that all we think about is obtaining "stuff". We can do better than this.

        On that "black friday" day, buy nothing. In fact, buy nothing (or little) whenever you can. Instead of working extra hours for money to buy christmas presents, take that time and spend it with your kids/family. Heck, make them something with your hands. They'll remember it for a heck of a lot longer than an expensive piece of anything from a store.

        </rant>
        • by Ryan Amos ( 16972 ) on Sunday November 16, 2003 @07:19PM (#7489763)
          You act like consumerism is a bad thing. Consumerism is what drives economies. A steady increase in consumer spending almost inevitably leads to a boom period for the economy. When people stop consuming at a high rate, the economy heads down. It's also really, really stupid to have "buy nothing day" on the biggest shopping day of the year. The amount of money flying around on the day after Thanksgiving are so high that companies are not going to notice if a few broke hippies don't shop that day. If you want anyone to notice your stand against The Man, you should do it on a slow shopping day when more people might be willing to comply with you.

          Also, the cool thing about America is that there is no single culture. There are urban cultures, rural cultures, religious cultures, and so on. Each one draws from a different set of influences. America has no defining culture because our population is so diverse. Each culture has its own different food, literature, art, music, etc. Mexican-American culture is significantly different from Mexican culture.

          You also seem to be mixing up the iconography of a culture with the true values of a culture. I think most Italians would probably be offended if all you could think about Italy was pasta. All the Coke analogy proves is that Coke has been successful at selling their image. Everyone knows Coke is from America, whether it's an important part of our culture or not, so you just kind of make the relation.
          • by JimmytheGeek ( 180805 ) <jamesaffeld.yahoo@com> on Monday November 17, 2003 @01:18AM (#7491343) Journal
            the endless pursuit of stuff is killing us and what's worse, it's making us shallower.

            I'm afraid that Coke is a pretty good shorthand reference for American culture. American cities are hidious, with maybe two exceptions (San Fran, New Orleans). The sole urban design goal seems to be the breakdown of community and conversion of citizens to consumers. We've lost a tremendous amount of personal time to work. Is that a good trade-off? What about pro-family values? Can you raise your kids from work? Once they are fed, housed, and clothed, is the delta income worth the -delta face time? Did you get a choice re: -delta face time?

            GDP is not a sound measure of societal health. I don't think it's even a good measure of economic health. Where externalities aren't monetized (you aren't charged for pollution), but cancer treatments are, you have a skewed measurement and eventually warped values. /end rant gotta get some sleep

        • by ojQj ( 657924 ) on Monday November 17, 2003 @07:40AM (#7492196)
          As an American living in Germany, I'm sick of seeing American culture belittled based on false premises. You at least don't try "Americans have no culture", but your statement is still blatantly false that our cultural history is only 300 years old.

          Our history on this continent is only 300 years or so old. But our culture, just like that of the Europeans is thousands of years old. Just because our ancestors moved to a new continent doesn't mean they gave their culture up. We got our culture from our ancestors; the Europeans got their culture from their ancestors. We've changed that culture since then, the Europeans have changed that culture since then. Why should the Europeans somehow have more of a right to that culture just because they live on the same continent that our shared ancestors lived on?

          Legitimate criticism (like criticisms of American consumerism) are justified as long as clear arguments are presented to show that those are indeed features of American culture and that they are indeed harmful. The yogurt joke* is just bigotry in one of its variety of forms.

          Oh and by the way: my father spent 2 years with the Navajos and I have Cherokee indian ancestry. Native American culture has had a direct effect on the way I view the world. Stating that Native American culture has no effect on our culture today is just as inaccurate as stating that European culture isn't a part of our cultural heritage. Just as one example: did you know that the turkey, the potato, tobacco, the tomato, the pumpkin, the cranberry, corn, kidney beans, bell peppers, pecans, squash, and many other crops are American? Many dishes which are made from these foods still cannot be found in Germany today (cornbread, pumpkin pie, candy corn, sweet potato casserole, cranberry relish, pecan anything, etc.)

          *(what's the difference between a cup of yoghurt and America? -- yoghurt will eventually develop a culture)

          (end rant -- sorry. As you can imagine its an issue of some sensitivity for me.)

          • by Slime-dogg ( 120473 ) on Monday November 17, 2003 @04:04PM (#7495487) Journal

            That's true. All nations still dwell within the U.S., even if they are not still within their sovreign states. The American Culture is much more than a propensity to eat sweet and fatty things, and to buy the biggest thing with the most pizzaz. The culture of the U.S. is a conglomeration of family values, community support, acceptance of differences, in addition to the food, all blended together with a "don't tread on me" attitude.

            This became most apparent after 9/11, where each U.S. citizen felt that much closer to their fellow citizen. I'm sure the Red Cross hadn't seen so much blood donated as in those following weeks, nor has New York been offered so much voluntary assistance. The Stars and Stripes became an emblem that shone on automobiles, and though the flag was treated without respect in these instances, the motivation, attitude, and intentions were sincere and honorable.

            The culture gets buried beneath things that are clearly against it's members, those things being the superior attitudes of super-commerce, the inherant human want for everything, and the supreme availability of everything to those humans. No culture goes without these problems, though. The U.S. has enemies within that treat the people like cattle being steered towards the butcher. These enemies have arisen from within the culture, but they are not of the culture itself.

            The culture of the U.S. is quite possibly the most flexible one, which is why such things can occur. Coca-Cola is not an emblem of the U.S. culture, rather it is a battle-flag of it's children. The culture supports the U.S., it thrives within each of its citizens without them knowing about it.

            The culture of the U.S. is not shallow, like many think it is. The culture is possibly more complex than any other on this Earth, precisely because of the number of lives, races, and creeds that went into building it. It has its flaws, yet it is the object of jealousy the whole world over. People look at America and thing Coke, yet people also look at America and think "freedom," "spirit," "steadfastness," and "cohesion."

    • Don't worry, I'll buy twice as much to make up for it!
    • Where's the logic in this? Sure there are people who go and buy a bunch of stuff just because it's cheap, which is equally as dumb. However if there are products that you'll probably buy anyways that happen to be on sale, you're only hurting yourself. I'm always amazed by the people who try to be "non-conformist" but end up supporting the system they're trying to fight against.
  • Pretty braindead (Score:3, Informative)

    by mousse-man ( 632412 ) on Sunday November 16, 2003 @03:02PM (#7488348) Homepage
    Using the DMCA to block competitors off selling products you're not even the sole distributor seems be a braindead concept. But then, there are lawyers as well....wasn't there an important sentence in King Lear about that profession?

    At least the Germans have some laws governing sales, so they have some logic in there.

    • Lawyers are only partially brain-dead in that most of their intellect is left intact: I mean, there are some very sharp attorneys out there. However, their brain centers for "social consciousness" and "ethics" are generally smaller and not as well developed as those found in ordinary people.
      • by valdis ( 160799 )
        The average lawyer has a *highly* developed sense of *ethics*. It's *morals* they're lacking. The average lawyer has absolutely no trouble doing something completely slimy and nasty - but will be offended if you even *hint* that he do so in a manner that doesn't follow all the proper procedures and forms.

        Think about it - if there are lawyers involved in an adversarial encounter (as opposed to, for instance, a real estate sale where everybody WANTS the deal to happen), you are almost guaranteed that someb
  • Is it just me... (Score:3, Insightful)

    by joseph schmo ( 223532 ) on Sunday November 16, 2003 @03:03PM (#7488354)
    ...or does everyone else have a HUGE list of businesses they refuse to do business with?

    And Best Buy DOES seem to have some pretty good prices, too, at least on new-release DVD's...
    • Yeah so hopefully with this information being public, they will lose money?

      ...or just change the items that will be on sale.
    • by Champaign ( 307086 ) on Sunday November 16, 2003 @03:10PM (#7488395) Homepage Journal
      That's usually how I deal with businesses that I feel have behaved irresponsibly or treated me badly as a customer, I stop shopping there.

      The unfortunate side-effect of this is I have to move every few years as I run out of places to buy food, clothes and other necessities of life...

      *BUT* at least I live a principled life! ;-)

    • It's just you. OK, maybe not just you, but most people don't participate in useless boycotts.

    • No, everyone has a HUGE list of businesses they complain about on Slashdot and do business with anyway.
  • by Sheetrock ( 152993 ) on Sunday November 16, 2003 @03:04PM (#7488362) Homepage Journal
    Much of a store's profits are made on strategy. When this kind of data is released, it cuts into the ability of a business to price things appropriately to the demand.

    I'm not saying the DMCA oughta cover this, but this is definitely something that can hurt business.

    • by Trepalium ( 109107 ) on Sunday November 16, 2003 @03:09PM (#7488391)
      Just because something hurts business (or profits, rather), doesn't mean it should be illegal.
    • Is it the primary purpose of society/government/law to protect business?

      What about the rest of us, who are 'merely' people, and not incorporated profit-driven organisations?

    • by Anonymous Coward on Sunday November 16, 2003 @03:11PM (#7488400)
      Is it also unfair to get several quotes, or search pricewatch to compare prices ?

      Or to wait til you can get a good deal on a used one on ebay ?

      How about having an above average IQ ? That cuts into your usefulness as a consumer also.

      Just because a business thought of a way to make money, doesn't mean actions that make that way look stupid are somehow "unfair". It's just as "unfair" to not let me read all the ads before I go shopping.
      • by Herkum01 ( 592704 ) on Sunday November 16, 2003 @04:54PM (#7489022)

        Customer Notice! EULA!

        To all customers entering this store you have access to private corporate information regarding prices for items that available for sale in this store. Any attempt to use this information for you own benefit, by comparision shopping or purchasing of items from a competitor, or to the detriment of this store, can be used against you in court of law as a violation of "corporate trade secrets" via DMCA!

        Thank you and have a nice visit.

    • Linux hurts a lot of businesses.
    • by t0rnt0pieces ( 594277 ) on Sunday November 16, 2003 @03:12PM (#7488411)
      Much of a store's profits are made on strategy. When this kind of data is released, it cuts into the ability of a business to price things appropriately to the demand.

      Doesn't FatWallet have a right to make money too? Best Buy should have guarded their pricing info better. Besides, you don't think Best Buy sends people to other stores to check prices?
    • by JayBlalock ( 635935 ) on Sunday November 16, 2003 @03:14PM (#7488425)
      The entire basis of a (more or less) free market economy and its success is the ability of consumers to make learned, rational market decisions which are in their own interest. Advertising today, however, relies far more on trickery, psychological games, and "invisible" price hikes and drops than actually producing a quality product at a competitive price. If it is harmful to Best Buy for just their *prices* to be made public, then it means Best Buy is doing business in such a way that basically undermines the functioning of our economy.

      Much of the reason the system seems so out of wack right now is that it's the company who has the most clever advertising that wins, NOT the one actually producing the best product. And that's very destructive in the long run.

      • Advertising today, however, relies far more on trickery, psychological games, and "invisible" price hikes and drops than actually producing a quality product at a competitive price.
        [...]
        Much of the reason the system seems so out of wack right now is that it's the company who has the most clever advertising that wins, NOT the one actually producing the best product.


        Not that I disagree with you on principle, but:

        What about the advertising companies? Their product is advertisement, you seem to not include t
        • Hmm, that's a good point, but it sort of depends on your point of view. They produce a product which, in the end, really contributes very little to society besides, admittedly, keeping a lot of people employed.

          But anyway, my point wasn't that advertisers need to be gotten rid of - but that the Corporations have no business whatsoever trying to keep accurate and information information out of the media. Widespread proliferation of this sort of stuff (the FatWallet prices) can provide an effective counte

    • by k12linux ( 627320 ) on Sunday November 16, 2003 @03:24PM (#7488486)
      Much of a store's profits are made on strategy. When this kind of data is released, it cuts into the ability of a business to price things appropriately to the demand.

      Actually it would cause a business to more accurately price things appropriately to demand. But that's not what they want is it? They want to be able to price things above what demand would dictate so they can have higher profits. In this case they don't even want to do that.. they want to force people into the stores to find loss-leader items so they can sell them the high-profit items along with or instead of the low priced items.

      From what I remember in civics (history/government) class long ago there were no items in the Constitution or Bill of Rights which guarantee businesses high margins at the expense of other citizens. Funny how things which hurt margins (not destroy sales.. but hurt margins) in favor of the rest of society are suddenly becomming illegal in the U.S.

      I own a small business. Current US policies (even legitimate use of DMCA) don't appear to do one bit of good for small business. They only seem to help big business... which already has tons of tax breaks and other benefits none of the rest of us get.

    • The right to profit (Score:3, Interesting)

      by Aceticon ( 140883 )
      Much of a store's profits are made on strategy. When this kind of data is released, it cuts into the ability of a business to price things appropriately to the demand.

      I'm not saying the DMCA oughta cover this, but this is definitely something that can hurt business.


      There is no such thing as a right to profit.

      Businesses will try to get as much money as they can from their customers, while customers will try to get what they need/want for the cheapest price.

      Using the DMCA to deny a customer's right to f
      • There is no such thing as a customer's right to find a better bargain.

        If there was, couldn't we just find the best price then keep invoking this "right" to get better and better prices?

  • No scans? (Score:4, Insightful)

    by saikou ( 211301 ) on Sunday November 16, 2003 @03:08PM (#7488379) Homepage
    I always thought that prices per se can't be copyrighted. Now situation when people post scan of upcoming ads (which was not the case with BestBuy and FatWallet) can probably fall under copyright violation, as only author of that page can lawfully distribute it (short of posting it with design/layout critique and "never use this font in publication" kind of thing :) )

    In this particular case it's not worth it anyways, as most of the deals were easily available from other retailers for about the same price. It would be good though, to finally get those lawyers into the court and get a precedent of them being slapped with "No can't do" decision. That way any upcoming price-related DMCA cases would be still-born :)
  • Interesting... (Score:2, Interesting)

    by Tarivus ( 692748 )
    At first read I thought to myself "What the hell?!" but now that I sit back, chug my daily dose of caffeine, and think about it, I wonder if maybe Best Buy is in the right and has an interest in keeping their items and prices under their hat.

    As said above, releasing such data would cripple Best Buy's ability to price and stock their items strategically. But on the other side of the coin, I believe BB would benefit much more by having the data released to a limited degree and allowing people to at least see
    • They might enjoy the right to privacy if they can convince the courts that the prices in their store are classified national secrets or something, but I'm afraid that price information for a "big sale" doesn't quite cut it. If some stockboy decides to release their prices, they don't have much of a leg to stand on.

      On the other hand, the website in question (which was involved in this during the last go-round I believe), is probably enjoying the extra attention and big spike in viewers that comes from this
    • Re:Interesting... (Score:5, Insightful)

      by crayz ( 1056 ) on Sunday November 16, 2003 @03:21PM (#7488468) Homepage
      And if our government's sole function was to ensure the highest possible profits for Best Buy, you'd have a point.

      Instead, as a poster pointed out earlier in this topic, our economy is more or less based on free market principles. The foundation of the free market is the ability of the members of that market to be able to make informed decisions about their economic choices(e.g. buying something). By saying that Best Buy has the right to prevent people from sharing information about its prices, you are implicitly tossing out a free market in favor of a "lets make the rich richer" market.

      Wonderful
      • And if our government's sole function was to ensure the highest possible profits for Best Buy, you'd have a point.

        Ecactly. Since it's sole function is to ensure the highest profits for the Record Labels, the law doesn't apply here.
    • I wonder if maybe Best Buy is in the right and has an interest in keeping their items and prices under their hat.

      Who cares what Best Buy's interests are? I have an interest in executing anyone who critices me. Does that mean I have the right to do so? No!!!!!

      The point here is that Best Buy is trying to censor information they have no right to censor. Bust Buy can not invoke the DMCA unless they have a copyright on the content they wish to control. Facts (e.g. prices) are not copyrightable. Bust B

  • by cK-Gunslinger ( 443452 ) on Sunday November 16, 2003 @03:14PM (#7488420) Journal

    I still have my response emails from Target, Wal-Mart, and Best Buy from last November/December when the same thing went down. They basically said, "Our prices are designed to help our customers save money and these 'hackers' are violating your rights as a consumer as well as ours. We shall defend ourselves by any means neccesary"

    What a joke.
    • The connection is this. The "doorbuster" specials you see on the morning of Black Friday are loss leader selections designed to get you in their store first that day, in the hope that you'll make other purchases where all things are equal between all stores with them since you're already there.

      If other stores get wind of the loss leader selections with time to react, and duplicate them, suddenly all of the punch of the loss leader is lost. If everybody knew everybody's loss leaders ahead, there'd be no poi
  • What's the legal justification/argument for this? I don't see how you could hope to apply the DMCA here, but then again I've read the law is hopelessly vague so I guess anything's possible.
    • Generally, getting these prices means trolling their websites and looking for pages which have been uploaded but not yet linked-to. If it's HTTP Secure, that means it's encrypted. Therefore, in a REAL stretch of the legal imagination, it's illegally accessing encrypted information.

      It occurs to me, however, that Fat Wallet could reverse-DMCA them. Before you can get to their actual prices, you have to click through a screen that says something like, "The information contained on this site is licensed fo

    • The DMCA protects encrypted content from decyphering and illegal copying. But sending plain HTML over an encrypted link is entirely different. SSL protects the pipe between the server and the client from third party interception. There is no 'cracking' involved since the client and server agree on the encryption algorithm and keys to be used before the transmission takes place.
  • Tough for Best Buy. (Score:3, Informative)

    by Maul ( 83993 ) on Sunday November 16, 2003 @03:18PM (#7488460) Journal
    Seriously. I don't see how their "secrets" of what items are going to be on sale at what time should be priveledged information. They should do a better job of keeping their secrets if they don't like it.

    On the other hand, maybe if I find out (hypothetically) that the printer I was going to buy tomorrow at Fry's will be 20% less at Best Buy, I'll wait to shop at a Best Buy.

    • This is very analogous to the current MPAA issue. Insiders can't be controlled/trusted and kept from releasing information early, so instead, the 'victim' just stretches the hell out of existing laws and lets their lawyers clean up the mess. Laziness, plain and simple.
  • Never, in the history of the company, has Best Buy had an advertised sale item on the shelf. So it's a moot issue anyway.

    Friends don't let friends shop there, they are a terrible store.
    • Mod up (Score:3, Insightful)

      by bogie ( 31020 )
      This is so true. Best Buy is King of never having items in stock you want to buy. They are also the best at screwing people out of rebates. On two occasions even though I included the receipt, the actual UPC seal etc, they have flat out lied and said something was wrong and they couldn't issue the rebate. What am I going to do? Sue them over a $20 rebate? Bunch of mother fuckers they are. I think its bestbuysucks.com that's a great place to go to read about how shitty a company they are. So many people have
  • by Quila ( 201335 ) on Sunday November 16, 2003 @03:22PM (#7488471)
    Sec. 512 F of the DMCA:

    `(f) MISREPRESENTATIONS- Any person who knowingly materially misrepresents under this section--

    `(1) that material or activity is infringing, or

    `(2) that material or activity was removed or disabled by mistake or misidentification,

    shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
  • Long live Consumeras!

    I won't be buying anything that day. Why go to the store at all? It will be crowded, people will push and shove to get their hands on the lastest, bestest, cheapest item, forgetting *why* they're there in the first place.

    This 'holiday' has gotten so far away from the original meaning that it shouldn't be called 'Christmas' anymore.

    Society, marketing and more marketing shames everyone to buy, buy, buy. Makes me ill to see 'Christmas' decor up *the day after Halloween*.

    Spend time with your family and friends. Let them know you love them. Give them a gift, even. Just don't get sucked into the 'holiday spirit' of finding the best deal on Takgagamoochi cards or whatever.

    Your time is the best gift. Or old Playboy mags.

    • This 'holiday' has gotten so far away from the original meaning that it shouldn't be called 'Christmas' anymore.

      No kidding! "Christmas" used to be a fun celebration of the winter solstice, something especially important for those people living in Northern Europe, where the winter nights are especially long and dark. A good reason to get together with friends and family, exchange gifts, and cheer up the season.

      And then those stupid mystical religious people had to come along and appropriate it for thems
  • by Anonymous Coward on Sunday November 16, 2003 @03:29PM (#7488510)
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    • by Anonymous Coward on Sunday November 16, 2003 @04:27PM (#7488876)
      The Simpsons Season 1, The Italian Job, Anger Mangement, Chicago, 28 Days Later, Charlie's Angels 2, The Lion King SE: $11.99 each (DVD)
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      DVD XCopy: Gold - $20 A/R
      Norton SystemWorks/AntiSpam/Firewall 3-in-1 package - $0 A/R
      Lite-On 4x Multi-Format DVD Burner - $80 A/R
      Samsung 17" LCD Monitor - $280 A/R
      ATI Radeon 9600 128MB - $70 A/R
      Sony P-10 5MP Digital Camera w/free 64MB MS - $400 A/R
      Canon Powershot A70 3.2MP w/free 64MB CF - $300 A/R
      • This is all "after rebate", almost (and the items that aren't are too expensive for me right now, so I'll pass.)

        Rebates are a sham. I never factor in post-rebate prices -- I once got a check back from a rebate and my bank refused it, claiming it wasn't a real check. What a joke.

        This isn't anything to write home about.
  • by erroneus ( 253617 ) on Sunday November 16, 2003 @03:40PM (#7488583) Homepage
    Okay let's assume for a moment that these (let's call them) "lawyers" are professionals of the legal profession. This assumption would lead one to understand that these "lawyers" are reasonably intelligent, educated and keep current with the practice and application of law.

    Given that there has been prior failure of the exact same application of the law we fondly refer to as the "DMCA" and assuming they are aware of this, then it is clear that these "lawyers" are not interested in using the "DMCA" as it was intended and are instead using it as a refridgerator. (As a means to apply a "chilling effect" to anything that might seem like competition or might otherwise endanger their profitability.)

    I know I am really out on a limb here suggesting that these "lawyers" would even dream of using law for purposes it was never intended. But I'm just presenting a possible explanation for their behavior without suggesting they are morons.
  • Not Good Enough (Score:5, Insightful)

    by CarlDenny ( 415322 ) on Sunday November 16, 2003 @03:41PM (#7488588)
    Hopefully FatWallet will stand up for themselves again, and Best Buy will be laughed out of court.

    No, no, NO.

    If Best Buy gets laughed out of court in the middle of December, they've already won. Fat Wallet took down their ads, had to hire a lawyer, free speech was stifled.

    I am sad to see that FatWallet blinked this time, after staring down Walmart and getting them to back down. The argument that facts cannot be copyrighted seems solid, and the DMCA shouldn't change that (except for removign due proes, of course.) We need this case to go to court, and the countersuit to be pursued even after Best Buy drops it two weks after the fact.

    Fuckers.

    The only possible good outcome here is if Fat Wallet stood up, kept up the ads, and countersued.

    The DMCA doesn't change whether something is copyrightable, and facts
  • WHAT???? (Score:5, Interesting)

    by mark-t ( 151149 ) <markt.nerdflat@com> on Sunday November 16, 2003 @03:44PM (#7488606) Journal
    Okay, the DMCA is designed to make illegal to circumvent the copy control technology on a copyrighted work. So how, exactly, does the DMCA apply here?
  • by rabbit994 ( 686936 ) on Sunday November 16, 2003 @03:57PM (#7488688)
    Best Buy got sued a while back because a guy in the Washington D.C. Metro Area was shopping for a new laptop and went store to store with his old laptop writing down prices and features because he wanted the best value. Best Buy didn't allow this and even when so far as ripping off price tags. This guy took them to court for false advertising saying their attitude didn't reflect their name "Best Buy". Judge ruled in favor and said if Best Buy wanted to practice that type of behavior, they would have to post a sign in the front that said "We do not allow competive shopping". Needless to say, Best Buy changed a few things and I think the guy got a free laptop out of them to boot.
  • by acousticiris ( 656375 ) * on Sunday November 16, 2003 @04:14PM (#7488797)
    General/Corporate Inquiries
    For general comments and questions about Best Buy Co., Inc., contact:

    Best Buy Co., Inc.
    Corporate Headquarters
    P.O. Box 9312
    Minneapolis, MN 55440-9312

    This story hasn't gotten a lot of attention outside of FatWallet's forums and Slashdot. If this activity bothers you, take a few minutes, write a letter, lick a stamp, and let them know you're paying attention. They are very unlikely to win if this goes to court, so they don't need a whole lot of motivation to stop the idiotic activity. I, for one, won't be patronizing their store again. I mean really, if you need your "retail" electronics fix, they have plenty of competitors who offer the same junk at the same high prices.
    Kick them a letter and thank them for making the choice of where to shop a little easier.
  • Squelch is on high (Score:5, Insightful)

    by djupedal ( 584558 ) on Sunday November 16, 2003 @04:21PM (#7488844)
    'they' don't want:
    • Movie premier instant reviews
    • Book reviews/blurbs/comments
    • Black Friday pre-sale prices devulged
    • Speed trap location tip-offs
    • Arrest warrant sweeps announced
    • Car computers modified to prohibit insurance snooping
    • Stop-light camera locations mapped

    We don't want....them. Us vs. them. If 'they' trusted 'us', we might trust them. In the mean time...give 'em hell.
  • Time for mirrors (Score:4, Informative)

    by DiveX ( 322721 ) <slashdotnewcontact@oasisofficepark.com> on Sunday November 16, 2003 @05:23PM (#7489144) Homepage
    I've already mirrored the information on my meager ISP webspace: http://web.tampabay.rr.com/mblitch/bf2003/

    Other mirrors are up. Use the example of bittorrent and help spread the load and information. I have not seen nor read any complaints from Best Buy, so I do not know what their issue may be.

    http://www.andy-akb.com/bf/

    http://www.uswebstreet.com/~cmptrdude1/default.a sp ?id=home

    http://cpanel19.gzo.com/~every/blackfriday/

    http://www.quepons.com/blackfriday.html
  • by LostCluster ( 625375 ) on Sunday November 16, 2003 @05:34PM (#7489197)
    One thing to know...

    If you have advanced knowledge of what Best Buy will put on sale 2 weeks from now, you can buy that item today from them at the higher price, and then claim the 110% price protection offer they make to get an additional 10% of the discount. In fact, you can do the same to Circuit City using Best Buy's sale, or vice-versa because Circuit City has the same "price protection" policy.

    Therefore, they don't want you to be able to see their price drops coming... and that's why sale info is top secret until the day the sale goes into effect, at which point it's public info.
  • Rebate-Schmebait (Score:4, Insightful)

    by mabu ( 178417 ) * on Sunday November 16, 2003 @06:27PM (#7489498)
    What annoys me are all these mail-in rebate promotions these companies use. When you factor in all the added wasted time and the fact that the company holds onto your money so long and it's like pulling teeth getting it back, it's not worth it.

    Rebates are taxes on laziness, or more appropriately a false-advertising campaign designed to target people who aren't inclined to jump through the hoops necessary to get the rebates. If the company does an "instant rebate" at the time of purchase, that's another matter, but my policy is I do NOT buy any product that promises a certain price "after rebate" - that's BS. What I pay at the POS is the price of the product and I'm not giving the manufacturer additional information or worrying about documentation, mailing crap and keeping track of that malarky. I encourage everyone else to avoid any product promotions involving rebates so we can send a message to these retailers that we're not going to play their stupid false advertising game.
  • by Chief Mucky Muck ( 724681 ) on Sunday November 16, 2003 @06:45PM (#7489582)
    Wanted to make a couple points perfectly clear. When we rec'd the dmca notification and electronic delivery of a copy of a subpoena, it was late on Friday night. To be on the safe side, we acted to remove the specified information to remove any potential liability. (as legal counsel was not immediately available for guidance) Saturday was spent putting together the legal team, the real work starts tonight and tomorrow. Last year, Wal-Mart backed down before we filed our Motion to Quash - it remains to be seen what Best Buy's attitude will be in the battle of intellectual property counsel. We certainly do not believe that there is a legitimate copyright issue at hand, but as I had stated to Best Buy before information was even posted on our site, the potential for "trade secret" does exist here, but it is their responsibility to protect their intellectual property. Once a trade secret is made public, trade secret protection is no longer available. I am not a lawyer, and I didn't stay at a Holiday Inn Express last night - But this is where the current thought pattern is - stay tuned for more details early this week. Tim Storm President FatWallet, inc.

I tell them to turn to the study of mathematics, for it is only there that they might escape the lusts of the flesh. -- Thomas Mann, "The Magic Mountain"

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