Best Buy Hands Out Cease & Desist Letters for Christmas 332
arrenlex writes "Improv Everywhere, a NY-based comedy group, was served a Cease & Desist notice by Best Buy for selling 'improv everywhere' shirts modeled after the blue Best Buy uniform. But that's not the interesting part. From the blog post: 'Here's where the story gets interesting. Today, Best Buy sent a C&D to our friend Scott Beale over at laughingsquid.com threatening legal action unless he removes the blog post referencing our shirts! They're threatening to sue someone for just covering the news story of the shirts!'"
Are they going to go after the T.V. Show "Chuck" ? (Score:5, Interesting)
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Re:Are they going to go after the T.V. Show "Chuck (Score:4, Funny)
Cheers,
Dave
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Re:Are they going to go after the T.V. Show "Chuck (Score:5, Funny)
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Cheers,
Dave
Re:Are they going to go after the T.V. Show "Chuck (Score:2)
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Re:Are they going to go after the T.V. Show "Chuck (Score:5, Funny)
Re:Are they going to go after the T.V. Show "Chuck (Score:5, Funny)
Perhaps this Best Buy should be sent a cease and desist for ripping off 'Chuck'.
To the sales rep's credit, he stopped trying to sell me Antivirus/anti-malware stuff after I said I was going to stick Ubuntu on the new laptop.... he just said 'Awesome, good choice'... (in his Captain Awesome voice... with a 'thumbs up' )
Fuck Them (Score:5, Insightful)
In fact, this is the kind of shit I want to see taken to court in the hopes that a judge will give punitive damages to the company that abused the C&D.
Re:Fuck Them (Score:5, Funny)
Yeah! I hope the lose their shirts.
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Re:Fuck Them (Score:5, Informative)
It isn't like BB sent it in error though, here is a quote from Laughingsquid's original C&D post:
"One thing I wanted to mention is that before posting this C & D letter, I called the Best Buy attorney who sent it to confirm that they really meant to send it to a blogger who was just reporting on another blog post. They insisted that I was "promoting, not reporting" and that the demand letter was valid."
Re:Fuck Them (Score:5, Funny)
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There are no Best Buy shirts.
Re:Fuck Them (Score:5, Informative)
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Re:Fuck Them (Score:5, Interesting)
Letting tech folks like ourselves get tied up in the legal process details can lead to errors in judgment. We think, "Technically I did X, not Y so I'm not really guilty." Baloney. Put it in front of a judge and the response is generally, "Your actions speak for themselves. Stop wasting my time."
Re:Fuck Them (Score:5, Interesting)
The video and pcictures of their prank? Wonderful. Easily defended as parody. The special edition set with included best-buy shirt? Yeah, that probably gets a pass. Call it gray-zone. The shirt as a standalone, context optional? Sorry, that's pretty obvious infringement.
Not that I'd call Best Buy's lawyers smart given the Streisand Effect, but legally I'd have to side with Best Buy's position.
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Re:Fuck Them (Score:4, Insightful)
Re:Fuck Them (Score:5, Informative)
You host can censor you. While possibly unfair, that is not a breach of the first amendment.
Someone can pay you to remove content. Assuming you consent to the "bribe" that is not a breach of the first amendment.
Someone can *not* sue you for speech, as that uses the courts(a branch of the government) to silence you, and that is prohibited by the first amendment.
-nB
Re:Fuck Them (Score:5, Informative)
> of the government) to silence you, and that is prohibited by the first amendment.
This is incorrect. Someone *can* sue you for speech, or try to at any rate. Whether they'll get anywhere depends on various stuff. For instance, if they can make a coherent argument that your speech might be considered libelous, they'll probably be able to successfully drag you through the courts, and if they can make a _convincing_ argument that your speech _is_ libelous, they can potentially win the case. Libel is not the only kind of speech that they can successfully sue you for, either. Copyright and trademark violations are another example. Fraud is another (and one you can even be prosecuted for criminally, though generally you only will be if you cost the victims something tangible).
When the first amendment says "speech" and "press", it is, in context, clearly talking chiefly about political expression, not absolutely anything that anyone could ever say or write.
Re:Fuck Them (Score:5, Insightful)
Re:Fuck Them (Score:5, Funny)
I believe the constitution is quite clear on the whole 'freedom of the press' type thing.
The Constitution? Is that thing still around?Best Buy apologizes to laughingsquid.com (Score:5, Informative)
They are still militant against the blue shirts, though. (rolls eyes)
Re:Best Buy apologizes to laughingsquid.com (Score:4, Funny)
I'm going to look pretty silly after I cut it off and come home in my white cuffs, collar, and tie.
My wife will probably expect a dance . . .
hawk
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Well, to be fair, BB does have its purpose.
I like to see and hold things I want to buy, if possible, in meatspace....just to make sure I like and want that item.
I then go home, and order it online for free shipping, no tax (about 9% down here), and in a week or so, I have it. Not to mention, ever since I was a kid, I just loved getting things in the mail....
What is Best Buy thinking? (Score:5, Insightful)
Re:What is Best Buy thinking? (Score:5, Funny)
Re:What is Best Buy thinking? (Score:4, Funny)
However, you don't need the shirt to pull that off . . . I get asked if I'm a manager (or people assume that and launch straight into asking a store question) at virtually every large store in which I shop. I have on several occasions now had *employees* assume I was a manager. It's kinda amusing when the aisle you're in turns into a helpdesk . . . (I do tell people "actually, no, I don't work here" but then do my best to answer their question, as I often can)
Re:What is Best Buy thinking? (Score:4, Funny)
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Just kidding, Every time i wear a red shirt at target, i always get asked questions by customers. God i wish they'd leave me alone and let me stand around for another 8 hours.
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Dude, it most sooo suck looking like a retail manager. That's almost as bad as looking like a burger flipper. I'm glad I THINK I look like someone about to go postal. My wife thinks I'm cute and don't look like the nerd that I am. Hmmm...book, cover, and judging seem to fit here somehow.
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In fact this already happened. They had like 50 people standing around a Best Buy in these shirts and kakhi pants. Please note that if you ever get excellent customer service from Best Buy it is probably from an imposter since Best Buy only employs Frat Boys and Thiefs both of which know only one thing each. That is how to drink a lot and pick up women on shift for the former and how to steal in new and creative ways for
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During the holiday season at Wal-Mart, I see people buy these huge TV sets that can't possibly fit into their little car and discard the boxes in the parking lot. I'm not surprised if someone tried to return the box and the store didn't check the actual contents.
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I've said it before, and I'll say it again... (Score:3, Insightful)
seriously....
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So could having a real BB shirt printed up to look EXACTLY like the real thing but somehow a shirt that's meant to be a joke is more apt to allow crime? I'm sure that's why I see people all the time getting into concerts because they wear black tshirts with white lettering that says "Scrutiny" or "Staph(infection)". Seriously, it costs nothing to get a *realistic* tshirt printed so why one would think that it's more likely to happen with one tha
Streisand Effect! (Score:2)
First words out of my mouth would be
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Honestly, what does Best Buy have to lose if they let someone print shirts that look like their shirts?
What they have to lose is their trademark on the "price tag" logo they've been using for years. If a trademark isn't defended, it can become diluted and unenforceable, like "Aspirin." It's the same as Adobe wanting you to say "modified with Adobe Photoshop software" instead of "photoshopped." It's silly, not unlike most of the legal system.
Now, what they have to lose if someone covers the story on their blog is a different question, so we now return you to the main point of this story.
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Re:What is Best Buy thinking? (Score:5, Insightful)
Slashdot is next (Score:3, Funny)
Re:Slashdot is next (Score:5, Funny)
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Just send a cease and desist letter right back. (Score:2)
Anyone can sue anyone for anything, might as well tell sue them right back.
Hmmm.... (Score:2)
Hooray! Let loose the hordes of slashdotties -- no need to RTFA, as you couldn't even if you tried!
What about Chuck? (Score:5, Interesting)
But that's OK for them to do that on national TV and get away with it on a weekly and ongoing basis. The reason is probably that the people who run and work at BB are infinitely more incompetent than the people who work at the fictional Buy More.
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Why not? (Score:5, Insightful)
Don't estimate. Litigate! (Score:5, Insightful)
I've worked in the corporate world long enough to know that departments and other corporate entities show amazing survival instincts - but the legal departments of these mammoth companies are certainly the most predatory. Really, they must drum-up this kind of litigation.
I wonder if there was even any kind of financial-impact analysis or at least some kind of brand image analysis presented to the board prior to sending these notices. I would guess that the legal department simply sends them out under the "it's easier to ask for forgiveness than permission" assumption.
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Despite its stupidity, a C&D costs very little, particularly the size of Best Buy. Now, it's caught them some negative publicity, but I think that negative publicity is mainly going out to the BB haters anyway.
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Once you've gotten to the point of having full time lawyers (and I'm sure a company the size of Best Buy has many), doing shit like this becomes second nature. I mean, if you've got the manpower, presumably salaried, you can have them do whatever you want as long as it fits in their 9 to 5 work day and not "waste" anything. WHo knows, maybe they just had some downtime in legal and the lawyers got
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One minor nitpick here. If BB could charge another $2.50 for a DVD without losing the equivalent sales, they would regardless of their costs. The price any retail store charges has -nothing- to do with what their cost for the item is.
One more time: their cost has
Are you sure.. (Score:5, Funny)
What's next... (Score:3, Funny)
Classic Lawyer Spew (Score:2, Interesting)
In better cases, it's simple intimidation. In the worst case scenario, the lawyers actually hope to get something out of everyone. Either way, a polite letter back that says, "Nothing to see here. Move along." will pretty much chase the scum bags away.
Like the RIAA file sharing lawyers, the jokers pulling this stunt should be dragged before their respective bar association and
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Well, that tears it (Score:2)
NewEgg is a much better option (Score:2)
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We also have sears and costco, but I wouldn't buy anything there unless they had what I wanted but they rarely do. We have 'the source by circuit city' which seems to own all the old "radio shacks" in the malls, and its pretty lousy. We have costco, but I'm not a "member", but I've been through them and don't find it ter
This looks like MY big chance... (Score:5, Funny)
1 - YouTube channel?
2 - BestChance.com website?
3 - changing my middle name to bestbuy?
4 - suing bestbuy for discrimination, on the basis that I didn't get a C&D leter?
5 - Setting up a store in SecondLife called BestBye? Giving away uniforms for other SL stores?
6 - Call the secret whitehouse telephone line, claiming to be the bestbuy ceo?
7 - Getting GreenPeach to name a whale 'best buy'
8 - Setup a reddit account under the name bEsTbUy, and only submit stories on best buy?
9 - Number nine left out because the writers are on strike
10 - buy 300 hours of blimp advertising, with sign that looks like the best buy sign, but done in crayon and written upside down?
What does
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back story (Score:5, Interesting)
so they went to the chelsea best buy, hundreds of them, in blue shirts, and pretended to be assistants throughout the store, perhaps more helpful than actual staff in some cases
customers were amused and bemused, management went apeshit, the best part is the the black chick who goes "it's like that movie, 'the thomas crown affair'"!
but seriously: this is all a case of people with too much time on their hands: the best buy "actors" in the original "event", AND the lawyers suing them
and isn't there some sort of legal protection for comedy, jokes, mockery? the law that protects political cartoons for example. would they have a case with that? obviously IANAL, as i can't even remember the legal term for this sort of "mockery" that is protected
Re:back story (Score:5, Funny)
As for the event people: hey it's art. Maybe not to your taste, but no more a waste of time than, say, sports.
Re:back story (Score:5, Insightful)
Why they happen. (Score:5, Insightful)
Costs:
* Postage.
* Paralegal staffing costs (assume 15 minutes to prepare the boilerplate).
* Small chance some guys on Slashdot get grumpy for a while, until the next time there's a sale on DVD-Rs (whereupon all is forgiven, transactionally speaking).
Benefits:
* Decent chance the guy stops doing whatever it is you feel like stopping him from doing.
It's not even a close call. A C&D is a warning shot, an initial skirmish. It doesn't commit them to anything legally, and the public image repercussions are vanishingly low.
Re: vanishingly low? (Score:5, Funny)
Legal threats != court win (Score:2)
Will Slashdot get a C&D? (Score:2)
Perhaps I should be a corporate Lawyer. Get paid lots of money to waste time and money....
Could This Be a Prank? (Score:2, Informative)
Not saying this is a gag, but it is hard to trust pranksters. Also, this is assuming the news site is in on the gag.
My money is on Best Buy having no sense of humor and this is real.
Not just about the shirts (Score:3, Insightful)
Best Buy apologies for sending C & D letter (Score:5, Informative)
Re:Best Buy apologies for sending C & D letter (Score:5, Funny)
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I'm actually kind of pleasantly surprised by the second letter. They flat-out admit that they messed up and apologize for it. That's almost unheard of these days. Congratulations on a happy resolution.
Oh, and to the jackass who modded you "flamebait": WTF were you thinking?
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Re:Best Buy apologies for sending C & D letter (Score:5, Funny)
Personally, I never apologize for things I should have done in the first place.
Best Buy has already apologized... (Score:5, Informative)
http://laughingsquid.com/best-buy-apologies-for-sending-cease-desist-letter/ [laughingsquid.com]
Geez, Slashdot! (Score:2, Insightful)
Update (Score:2, Informative)
Let's see -- threats, spam, and deceit. Anything (Score:2)
We've known for years that Best Buy are spammers; see, for example, http://mainsleazespam.com/companies/bestbuy.html [mainsleazespam.com] and http://groups.google.com/groups?q=best+buy+spam&ie=UTF-8&oe=utf-8&rls=org.mozilla:en-US:official&client=firefox-a&um=1&sa=N&tab=wg [google.com] for some background on that.
We also know that their personnel steal private customer data, see for example http://consumerist.com/consumer/insiders/leaks-how-geek-squad-investigated-its-own-porn-thieves-328654.php [consumerist.com] and http://consum [consumerist.com]
Power Corrupts (Score:2)
DMCA (Score:5, Informative)
#####
Subject: Digital Millennium Copyright Act
Dear Sir or Madam:
I represent [OUR ISP]. Attached to this e-mail, or set out below, is a notice [OUR ISP] received alleging that material on your website infringes a copyright. This notice was sent to [OUR ISP] under the Digital Millennium Copyright Act (DMCA). A good summary of the DMCA can be found here: http://en.wikipedia.org/wiki/DMCA#DMCA_Title_II:_Online_Copyright_Infringement_Liability_Limitation_Act
The DMCA has three steps. The notice [OUR ISP] received is the first step.
This notice triggers automatic removal or take down provisions under the DMCA. What this means is that the material identified in the DMCA notice must be removed by you, or taken down by [OUR ISP]. This must be done before you can dispute the claims set out in the notice. [OUR ISP] understands that this "guilty until proven innocent" aspect of the DMCA can be unfair, but its required by law.
If you believe the DMCA notice contains errors, you should immediately contact the person who sent the notice. Please let me know by e-mail if they agree to withdraw the notice. I will then contact them to verify the withdrawal.
After you remove the material, you may present [OUR ISP] with a "counter notice." This is the second step.
The elements of the counter notice are identified below, and in more detail in the wikipedia entry. Please make sure you fully understand the DMCA before presenting [OUR ISP] with a DMCA counter notice. It may be helpful for you to consult with your attorney. Unfortunately [OUR ISP] can not provide you with legal advice on this matter.
It is important that you take action immediately. Please let me know, within 5 days of the date of this e-mail that you have taken down the material. If I do not hear from you within this period of time, the DMCA requires [OUR ISP] to take down the material.
On behalf of the staff at [OUR ISP] I thank you for your prompt attention to this matter.
Sincerely,
[THEIR LAWYER]
Re:DMCA (Score:4, Funny)
- RG>
My BB Blue Shirt Experience. (Score:5, Funny)
About 2 mins later, I hear her shrill voice and look over. She's got the floor manager out and she's yelling at him about "That rude young man! That one! Right there!" Pointing at me! Okay, now I figured it out and started to walk over to explain while the manager is going, "Ma'am, he doesn't work here. He's a customer too."
Now, I kind of feel bad about the next part, but I honestly couldn't help it. I saw his nametag had "Scott" on it, so as I walked up, ignoring the unconvinced customer, I said, "Hey Scott, sorry, but I've already punched out and I'm in a real hurry. See you in the morning! Bye!"
The poor guy was still trying to talk her down as I was leaving!
Scott, buddy, if you're out there - Sorry, but really, it was kind of funny, right?
"Poor mom?" (Score:4, Insightful)
Just because you are harried and in a hurry does *not* give you the excuse to be rude, especially to some sap making damned close to minimum wage who's just there to help you. If she had been polite to start with, his response itself would've been rude. However, being rude in response to rudeness is perhaps the only valid response.
You can't always wear what you want.. (Score:5, Funny)
To get my wii that was on sale..
I was standing in line with a fake assistant,
And man, he did the job pretty well.
We decided that we should have a party,
My favorite pastime, mocking newbs.
My storys been posted up on
My servers dead, guess we filled the tubes.. .
You can't always wear what you want,
You can't always wear what you want,
You can't always wear what you want,
But if you try sometimes you just might find
A cease and desist,
They apologized. (Score:5, Informative)
Best Buy sent LS.com a letter by both email and next day delivery apologizing for sending the C&D to a news source.
I am impressed.
Check out http://www.laughingsquid.com/ [laughingsquid.com] front page for details.
Appropriate Reply (Score:3, Funny)
C&D to Blog retracted before story hit /. (Score:4, Informative)
Re:BestBuySux (Score:4, Interesting)
Re:BestBuySux (Score:5, Informative)
A nice template for such a notice can be found at http://www.cs.cmu.edu/~dst/Terrorism/form-letter.html [cmu.edu].
Re:BestBuySux (Score:5, Informative)
http://web.archive.org/web/20070410022442/www.bestbuysux.org [archive.org]
well for old entries anyway.