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DMCA, Black Friday - where we stand, and what we are doing about it. Archived From: FatWallet

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I think what Walmart, Target and the like are trying to do is to keep prices secret until they are published...most will publish them this Sunday in the paper, once that happens we can put the deals up on this site. It is not like we can do anything with the products until next Friday anyway.
This is why companies have employees sign confidentiality agreement, so that information is not leaked before the company is ready to announce it themselves.


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OK, Now I know where I'm not spending my money. If they think that their competitors are getting their edge here then they are hurting. That info was leaked out long before anyone here heard a thing.


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Interesting, I was unaware that research (what it's usually called when you read several works (copyrighted or not) and distill the information into a report) was banned by the DMCA.

What? You only summarized one copyrighted work? Well, the DMCA was created to protect "content" from being digitally copied and distributed. If I looked at an advance copy of SWII-AOTC and then summarized the really good parts on a forum, I'm not distributing the "content." They could rightfully deny me an advanced copy of the next movie, but I wouldn't be subject to prosecution.

BTW - does the DMCA provide for civil damages? If not, corporations are usurping govenmental powers to police the laws. But then again, I suppose if you're big enough and you've got the executive branch in your hip pocket (they control the law enforcement agencies) you can do anything!

BTW - FW, I understand your position. There are precious few small business people who have the $$$ to defend themselves against such claims, even if false. I hope the big media picks up on this and gets the story correct.


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ADD-
I'm happy to be a senior member on the site that is the reason the DMCA gets taken down - Go Tim!!

The man coming down on the Chief but, by coming down on the Tim they come down on all of his supporters. I hope the press takes the public's side on this one. Do we have any laywers in the ranks that would be willing to take this up?

Also, On another note, Can't we beat this by posting deals without dollar ($$$$$) signs? Or insted of 29.99 we make it -30 therfore we do not copy anything.


JTP - Your strong arm in the north


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bennenite said:

<< Unbelievable!
<minor rant>
It seems counter-productive for these big companies to upset a large group of potential consumers. After all, people come here LOOKING FOR WAYS TO SPEND MONEY. Why make them mad. These prices have been set for some time- putting them up on this board a little early is FREE ADVERTISING!
</minor rant over>

I support you Chief
>>

If you couple this with the fact that every store has some sort of pricematching policy, I fail to see how do any store would get a leg up on the other?


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JDMnAR hit the nail on the head, I think. Merchants do not want consumers to wait to spend money.

Another point, most of the after-Thanksgiving sale ads aren't usually distributed until Wed - they won't be with the Sunday ads. This seems to be partially to prevent consumers from pre-purchasing items that they will return over the the weekend for sale prices.


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I agree with most sentiments expressed above.

The economy is already weak. Consumers are the only component holding the survival key at this point in time. Corporations such as WalMart, Target, BestBuy, Staples and others are heading for analysts downgrades if their financial numbers slump. They wanna talk cocky now and use DMCA against FatWallet ? You know what, Tim, the consumers have the freedom to choose where they shop. And you know what, consumers and pro-consumer sites such as FatWallet have the most powerful weapon against cocky corporations - Word Of Mouth ! Let's see who has the last laugh when Wall Street punishes these few arrogant companies.


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JakeThePimp said:

<< Also, On another note, Can't we beat this by posting deals without dollar ($$$$$) signs? Or insted of 29.99 we make it -30 therfore we do not copy anything. >>

No because then we are lying.


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FatWallet.Com said:

<< The concern that is mentioned by every merchant that I have spoken with is this - "Competition" - They don't want their competitors to have a chance to react prior to the date of the sale when the information becomes "public" >>

BULL$#!T

As someone who works in the retail industry at the exexutive level, I can say with almost complete certainty that EVERY store knows what their competition is planning. There are moles in all companies and people leave one company for a competitor and share info. with their friends at the former company.

They can also get the info. the same way that people here do--newspaper circulars are printed and delivered in advance. They are not under lock and key.

Even if they got their competitiors' prices for the first time by reading the circulars in the newspaper on Sat/Sun (or on Thanksgiving), all it takes is a simple price change in their systems and an e-mail to all of their stores to get the price changed to match/beat the competition on Sunday morning (or Black Friday).

When K-Mart has the lowest advertised price on a DVD, WalMart always ends up beating it by a few cents THE VERY SAME DAY that the price was advertised. Now how do you think they accomplish that so quickly? Psychics????


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DMCA only applies to this country. Maybe FW should move the offending content to a data center at another country or to a foreign subsidiary.


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I don't suppose posting the Black Friday info on a server that is hosted in another country would violate the DMCA.. I wonder what hosting rates in Canada are like.. hmmmm


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When will it be "ok" to post the Black Friday sales again? I wonder if this will lead to the same companies forcing sites not to list their normal weekly ads?


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They will be back in January begging us to buy their crap. I predict that they will not have a great season this year. The black Friday sales are the worst I have seen in years. I am holding onto my money for better deals.


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Retailnever said:

<< They will be back in January begging us to buy their crap. I predict that they will not have a great season this year. The black Friday sales are the worst I have seen in years. I am holding onto my money for better deals. >>

I agree. Maybe that's why they don't want them posted...they're embarassed by their "sales" this year.


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Casey said:

<< When will it be "ok" to post the Black Friday sales again? I wonder if this will lead to the same companies forcing sites not to list their normal weekly ads? >>

When will it be OK? Probably Black Friday + 1 (in other words Saturday).


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Nice move - by giving in, you have legitmized their entire stance. Business descision or not, you've pretty much given them all they need to do this again, to you, and everyone else, over and over and over. You've adbicatted your ability to serve consumers by letting others control your actions.

I just bought some stuff from Best Buy last week, going to take it back today and give them the reason why - "DMCA". Doesn't matter if they back down or not, all of these four stores have totally lost my business for a very, very, very long time.


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Let's organize a huge boycott of all of these stores, go to Bananatech, Dealhour, technobargains, etc, and post:

Save the Constitution: Don't shop at these stores on Black Friday!!! (and why)


Now it truly is a Black Friday when our basic free speech rights are being abridged by a right wing government which values large corporations' rights over our basic constitutional rights.

This really makes me angry!!!!!(in case you didn't notice)


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my1bug said:

<< DMCA only applies to this country. Maybe FW should move the offending content to a data center at another country or to a foreign subsidiary. >>

And you honestly think that this would keep the US from going after FatWallet.com? Hardly.

Tim,

You are doing the right thing by pulling the offending material. You don't have the resources to fight these companies, but you DO have the resources to get the word out about them. Your site is far-reaching, and as the media gets a hold of this the companies will get their due bad press.

Continue to list which companies send you DMCA letters. I have already added four of them to my "Do Not Shop" list, and am notifying others.


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Attention: This thread has been "Slashdotted". Depending on the strength of the server, there may be some mild turbulence. Please remain seated, place tray-tables in their upright position, and remain calm. Thank you for your cooperation.


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Well, you made Slashdot. Prepare for a beatdown .

/. link


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