We have been given DMCA notices regarding the posting of "Black Friday" sale prices from the following companies:
Wal*Mart Target Best Buy Staples OfficeMax Jo-Ann Stores Inc. KMart
While we believe that sale prices are facts and can not be copyrighted, We have made the business decision to comply with the dmca notifications.
Our reasoning for this is very simple - Our mission is to serve consumers - If we were to choose to fight this battle, It would require more resources than are available - and we would no longer be able to serve consumers.
I fully expect this story to be making news sites as early as today.
Part of the DMCA Safe Harbor provisions state that in order to qualify for safe harbor protection, we must have no knowledge of the infringing activity. If we become aware of the removed content being reposted on our site, We have no choice but to remove the content, or forfeit our safe harbor provision. I respectfully ask your cooperation on this matter.
On a further note - We have been, and will be in further contact with the EFF, as well as ChillingEffects.org.
Man aren't they getting tough. Personally I do not think they have much of a good sale this year anyway. Secondly, I SAVE the posts of black friday...there you go big crappy sale Walmart, Bestbuy, Staples, etc.... Edit: Sunday 11/24. Fatwallet made the Washington Post, business section
I also printed that one GREAT big post with ALL the sale prices from ALL those stores plus the rest!! I've distributed them to my friends here at work and out of work!
If anybody want to voice thier opinion I got this e-mail from the black friday Yahoo BF group :
"Hi, Ron Lieber from the Wall St Journal here
I'm working on a story about the use of the DMCA to crack down on consumers swapping Black Friday sales data on web sites. If anyone would like to air their feelings on the subject, please call me at ***-***-**** or send me an email with your phone number and I'll call you.
Here's a thought...take it one step further. Remove ALL POSTS that contain information about DEALS or PRODUCTS at those establishments No reason why they should dictate how/when/why they get to enjoy the benefits of Fat Wallet readership!
ridiculous you would think they woudl realize that having the ads early allows us to plan our shopping for that day *sigh* so similar to the online music and the riaa...
Maybe I'm being too simplistic, but if I own a business, the whole reason I'm advertising is to get consumers into my store. So I send out mailings. I don't see the problem if somebody copies that flyer and posts it or redistributes it...that's just more consumers reached without me having to PAY to reach them. Maybe I have to worry that the re-distributed flyer is incorrect, but as it's not an "official" flyer it can't be legally binding. I'd just have to explain to the consumer about that. But at that point the consumer is already IN MY STORE and giving me the opportunity to grab their business. What's the big deal? What am I missing??
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"
<< 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" >>
IMHO ads and prices are set MANY weeks in advance ever before an advert is distributed. It's not like CC is going to change their ad at the last minute because they found out that BB has something for $5 less due to the ad showing up here at FW...
i don't get their stupid thinking of those stores. In the the end we here have to buy those stuffs not come in their stores and steal it. Doing this only hurt themselves.
i can totally buy the arguement that they don't want their competition to get a leg up on their sales. But companies are responsible for not releasing their secret information. And it's not like everyone's sales weren't posted, so everyone's playing with an even deck so to speak. Let's remember back to Econ 101. Competition only works with "perfect information." I do find the whole hiding advertisements rather ironic. Understandable, but ironic.
Comparing future advertisements to mp3's or divx is a joke and only perpetuates a well deserved reputation for lawyers and our legal system. But after looking at all the sales that were listed, I can see a the real concern wuhoo addressed. People plan their shopping by these sales. There aren't any sales that are TONS better than we already get through these forums, or really the general public sees through sales. I'm guessing retailers are afraid that if the general public knew black friday was a really a thing of the past living on through past momentum, shoppers wouldn't show up. I have built one computer for parents and helped a friend build one a few months ago. There isn't a single black friday deal that is any better (or really equal for that matter) than stuff we bought weeks or months ago (thank you FatWallet!!).
i think the real thing retailers should fear is that after this year, black friday will mean nothing, or worse, Red Friday, as in Red ink. I know I have shown up at stores that have advertised huge sales only to find diddly squat. And I've never returned to those stores. Ever. Retailers should think about that rather than running in circles trying to apply a bad law to something it has nothing to do with. Maybe retailers should get rid of some lawyers to help their bottom line.
Perhaps another slant on what these merchants may be concerned about:
If you are in need of a new TV and are ready to purchase that 27" Symphonics that WalMart is selling for $225 (price for illustration only) today, and you find out that if you wait a week or two you can get it for less than $150, chances are you are going to wait. They may be worried about delayed purchases (paying the sale price in two weeks instead of paying full price today)impacting the bottom line. Face it - everyone on here will delay their material gratification in order to minimize their financial outlay. Regardless, I still think it is assinine to invoke the DMCA to get these posts pulled!
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>
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No reason why they should dictate how/when/why they get to enjoy the benefits of Fat Wallet readership! 
Regardless, I still think it is assinine to invoke the DMCA to get these posts pulled! 
