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Retailers Swing DMCA To Stop "Black Friday" Sale Info

zoid.com writes "It looks like a few of the big retailers have sent out DMCA notices to a few of the consumer deal sites. So now they are claiming that sale prices are covered under the DMCA. I would like to know what part of the DMCA states that you can not share the price of merchandise. Also, why would they want to stop this free advertising?"

727 comments

  1. Yet another reason... by Anonymous Coward · · Score: 3, Insightful

    why the DMCA is WAY TOO broad in its scope. And another reason lawyers need to educated themselves on technology.

    1. Re:Yet another reason... by SexyLinuxMan · · Score: 4, Insightful

      I don't think lawyers needed to be educated, it is supposed to be broad. the broader the damn law the more they can say what is covered or not covered by a law. This is a growing trend in alot of new laws that are being passed in the US. A broad law allows a company to save their own asses when shit hits the fan or come down on people when the law does not really apply to them.

    2. Re:Yet another reason... by Anonymous Coward · · Score: 0

      "Black Friday list" = "stores I will not spend my money at anymore".

    3. Re:Yet another reason... by joebagodonuts · · Score: 3, Informative

      Why would a lawyer need to be "educated"? The broader the scope, the more chances for litigation. More money for he lawyer. Seems to me that from a lawyer's point of view, this is great in it's current form

      --
      "Give a woman two glasses of wine and some pad thai, and they'll agree to just about anything." the Sports Guy
    4. Re:Yet another reason... by u-235-sentinel · · Score: 3, Funny

      "And another reason lawyers need to educated themselves on technology."

      That's the LAST thing we need in America. More educated Lawyers. Sheesh.

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    5. Re:Yet another reason... by thomas.galvin · · Score: 5, Insightful

      Yet another reason why the DMCA is WAY TOO broad in its scope. And another reason lawyers need to educated themselves on technology.

      I don't think so; the DMCA is overly broad, but I don't think the DMCA actually applies in this case. The problem with this is the fact that, even though the operators of bigfatwallet.com may be right, they cannot afford to prove it in a court of law. The real problem in this case is not the scope of the DMCA, but the fact that "justice" has a cover charge; if you can't afford the lwayers, you don't get in the door.

    6. Re:Yet another reason... by Anonymous Coward · · Score: 1

      Lawyers seem VERY well educated. Who's making money right now, lawyers or tech geeks?

    7. Re:Yet another reason... by coryboehne · · Score: 5, Informative

      Just a quick heads up for everyone, Ron Lieber with the Wall Street Journal is writing an article on this story, I just got off the phone with him and he seems very likely to do a good job of writing the story.

      Hopefully more journalists will follow suit and make the public-at-large more aware of what I think is a fine example of bad legislation at it's best.

      If anyone wants to give Ron a quick call to comment on this and maybe help a bit with his article, his number is 212-416-4974 although I was able to reach him by playing phone maze with 1-800-369-2834. Just be prepaired for the worst voice recognition program ever.... He's gonna be done with it in about an hour so if you have something to say you better hurry.

    8. Re:Yet another reason... by Anonymous Coward · · Score: 5, Interesting

      The DMCA can apply. Why does everyone think the DMCA is only about encryption? It applies anywhere there are copyrights. The question is "can unreleased pricing information be copyrighted?".

      While the answer _should_ be no, the way things are going a court might just say yes. Companies have been able to copyright collections of facts like phone numbers so why not?

    9. Re:Yet another reason... by Anonymous Coward · · Score: 2, Insightful

      " "justice" has a cover charge; if you can't afford the lwayers, you don't get in the door."

      Truly sad. I wish someone would make it a requirement that, to hold a law licence, you must do X% of your time as pro bono.

    10. Re:Yet another reason... by cayenne8 · · Score: 1

      What is Black Friday mean that is being referred to in this article and posts? Thanx, cayenne

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    11. Re:Yet another reason... by martyn+s · · Score: 1

      So, I guess that means athletes and actors are among the most educated in America.

    12. Re:Yet another reason... by nutshell42 · · Score: 2, Interesting
      I know it's been said 1000 times but imho that's exactly why it's better if the losing party has to pay the costs of the law-suit.

      This way *everyone* can enforce his/her/its right if the charges are ridiculous and big corporations can't overpower anyone who can't afford to sue up to the supreme court

      jm2

      --
      Don't think of it as a flame---it's more like an argument that does 3d6 fire damage
    13. Re:Yet another reason... by balloonpup · · Score: 4, Informative

      Black Friday is the day after Thanksgiving in the US. It's a day when nearly every retailer has a rather large sale. So many people shop on that day, and the tensions are so high (from the limited quantities of sale items) that it can be a real nasty mess. It's also referred to as the start of the holiday shopping season.

      --
      I sing the doggie electric!
    14. Re:Yet another reason... by Rick+the+Red · · Score: 5, Informative
      Why does everyone think the DMCA is only about encryption?
      Because the DMCA is about circumventing copyright protection technology, which usually means encryption. Please explain what copyright protection technology the retailers employed on their copyrighted sales prices, and how exactly these web site circumvented it.

      For that matter, please show me the copyright notice on a sales price. For extra credit, please explain how I'm supposed to know the sales price has a copyright notice without looking at it, which requires violating the copyright? Talk about Catch-22! "If you are reading this copyright notice you are violating it."

      --
      If all this should have a reason, we would be the last to know.
    15. Re:Yet another reason... by tanpiover2 · · Score: 5, Informative
      From their website:

      Question: What is Black Friday?
      Answer: Black Friday is the Friday after Thanksgiving.
      Question: But why is it called "Black"?
      Answer: For the calendar year, most retailers are in the "red" on their books, or losing money until this date. This is because the majority of purchasing occurs during the Holiday season. The kind of turnout and purchasing that occurs on Black Friday sets the trend for the Holiday Seasons. The retailers will know after looking at their books on this Friday if they will end up in the "black" for the year, or profitable, or in the "red", losing money.
      - Thanks dealsdyker

      --

      But masters, remember that I am an ass: though it be not written down, yet forget not that I am an ass.
    16. Re:Yet another reason... by Quixote · · Score: 3, Funny
      Please explain what copyright protection technology the retailers employed on their copyrighted sales prices,

      Why, Rot26, of course!

    17. Re:Yet another reason... by Talaran · · Score: 1

      A price is a decimal number ... wouldn't it be Rot10 ? Unless they happen to report their prices in base 26.

    18. Re:Yet another reason... by John+Hasler · · Score: 5, Insightful

      You've got it exactly backwards. If the loser had to pay the winner's legal expenses people would be afraid to sue big companies because of the risk of being required to pay the big companies $100,000 legal bill. The big companies, on the other hand, would see the risk of having to pay the "little guy's" $10,000 bill as a minor cost of doing business.

      BTW you can collect legal expenses from a losing plaintiff if you can show that his suit was frivolious and malicious.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    19. Re:Yet another reason... by thomas.galvin · · Score: 3, Insightful

      Truly sad. I wish someone would make it a requirement that, to hold a law licence, you must do X% of your time as pro bono.

      In some places, I believe that that is a requierment. It doesn't solve the problem, though; who do you think has more incentive to pur heart, soul, and interns into a case; MegaCorp's well-paid, well-fed, and on-retainer lawyers, or Joe Blow's unpaid, let's-get-this-case-over-with-so- I-can-go-back-to-making-money
      lawyer?

    20. Re:Yet another reason... by John+Hasler · · Score: 2

      The DMCA applies in that its "safe harbor" provision says that if you take down purportedly infringing material as soon as you are notified of the infringement the copyright owner can't sue you. In the absence of this bit of law copyright owners could still send out "cease and desist" letters, but they could still sue you even if you did obey. In fact, they could just sue, without bothering with the letter.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    21. Re:Yet another reason... by Anonymous Coward · · Score: 0

      Bump this parent post up +1

    22. Re:Yet another reason... by Anonymous Coward · · Score: 0

      I just wanna know what kind of crazy people go shopping on Black Friday? It's too damn crowded.

    23. Re:Yet another reason... by grumpygrodyguy · · Score: 2
      --
      The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky
    24. Re:Yet another reason... by mr_z_beeblebrox · · Score: 4, Funny

      Just be prepaired for the worst voice recognition program ever....

      /.ing it probably doesn't help

    25. Re:Yet another reason... by 4of12 · · Score: 4, Funny

      For that matter, please show me the copyright notice on a sales price.

      In a jiffy:

      "This Slashdot posting has a price of $0.02" Copyright (c) 2002 by 4of12. Reproduction without prior permission is prohibited. The FBI investigates felonies like the one you're contemplating and will whack you with a $250,000 fine. Fortunately for me, the penal code is not copyrighted, so I can tell you exactly how badly you're going to get whacked without violating any copyright on the $250,000 price for unauthorized viewing.

      I agree it's ridiculous. It sure doesn't bode well for a free and informed marketplace that is purported to be a cornerstone of capitalism. It points to yet another misconception upon which the DMCA was based. I hope the DMCA is eventually just flushed entirely.

      --
      "Provided by the management for your protection."
    26. Re:Yet another reason... by tetro · · Score: 1

      Personally, I don't think the DMCA should be applied to this case. However, someone within these companies were able to leak out the advertisements before their intended release dates. I would find it quite annoying to have many people come to my store and repeatedly ask about a sale price that isn't even in effect. So the people that should be held liable should be the one who leaked it and those who provide them. The ads that were leaked aren't even worth the trouble since they only blow things way out of proportion. Why cry over products that are slightly discounted and held in "limited quantities." Placing these advertisements later on is their prerogative.

      --
      .smell my feet.
    27. Re:Yet another reason... by Anonymous Coward · · Score: 0

      American legislature doens't seemed to be governed by public interest these days, that's for sure.

    28. Re:Yet another reason... by LostCluster · · Score: 2

      Non-disclosure agreement.

      Everybody who knew the planned prices was an employee who promised not to tell. Until, somebody did something illegal... somebody broke their employment contract and spilled the beans.

    29. Re:Yet another reason... by mmol_6453 · · Score: 2

      All the actors I've met in person (none that you'd recognize, but still) are very intelligent. The fact that glamor goes with the job isn't their fault. Most of them enjoy it. I know I enjoyed the plays I was in in HS.

      --
      What's this Submit thingy do?
    30. Re:Yet another reason... by vsavatar · · Score: 2, Insightful

      Where do you get this strange idea that all lawyers are in their occupations for the money? When I get my law degree and bar card I promise that I will do pro-bono work as often as I'm able to do so and still make a reasonable living. I personally think the law should be available to everyone, not just large corporate interests or individuals with deep pockets. I plan on serving as a public defender for at least a few years in the criminal justice system and maybe moving on from there into intellectual property law as one who defends those accused of violating laws regarding IP. I can also say that there are a large number of lawyers who do routinely take on pro-bono cases for the same reason, while others take on high-profile pro-bono cases to gain notoriety. The problem is, there are so many abuses of the system that if we were to take on every case that came to us, we would never sleep or eat, much less make a decent living. A very old, well-known text states, "Thou shalt not stand with the mighty against the weak." The problem is, that's what the USA as a country is doing now, it is standing with the large, mighty corporations against individuals that don't have the money to defend themselves. This should not be and I intend to fight against it as others like the EFF lawyers also fight it, but there's just too many frivolous lawsuits out there and no way we can take all of them on, so we do the best we can with what we have. In summary, don't think that just because Joe Blow's lawyer is fighting a case pro-bono that he is going to rush through it or not put his heart and soul into it. Granted, there are many lawyers that do think that way, but there are many that do not.

    31. Re:Yet another reason... by peg0cjs · · Score: 2

      This is exactly how things SHOULD be done. The little guy SHOULD be afraid to sue the big guy, and the big guy SHOULD be afraid to sue the little guy. Everyone should be afraid to sue anyone, because lawsuits should be last resort.

      Lots and lots of frivolous nuisance suits would simply disappear under the threat of costs. And lawyers would spend a few moments actually contemplating the merits of a case before filing.

      It would also help reduce (not eliminate) the big guy from yielding the big stick (i.e. large legal budget) and smashing the little guy to smithereens.

      --
      Karma: Excellent (Mainly due to Bill & Ted's Karma Adventure)
    32. Re:Yet another reason... by Anonymous Coward · · Score: 0

      who do you think has more incentive to pur heart, soul, and interns into a case; MegaCorp's well-paid, well-fed, and on-retainer lawyers, or Joe Blow's unpaid, let's-get-this-case-over-with-so- I-can-go-back-to-making-money lawyer?

      Winning a case against "MegaCorp's well-paid, well-fed, and on-retainer lawyers" would be a great advertisement for "Joe Blow's" services, and even allow him to charge more for each client.

      That's how pro-bono can help you (or hurt you, if you always lose).

    33. Re:Yet another reason... by phil+reed · · Score: 4, Insightful

      But that's not a DMCA violation. That's breech of contract, or potentially a violation of trade secret laws, not a copyright violation which is what the DMCA covers.

      --

      ...phil
      "For a list of the ways which technology has failed to improve our quality of life, press 3."
    34. Re:Yet another reason... by Dirtside · · Score: 5, Interesting

      In places (like most of Europe) that have a "loser-pays" system, it does not work like this -- you don't end up with a "loser" paying the entirety of the other side's bills. The amount that either side has to pay of the other's bills is based on who brought the suit, how valid each side's claims were, how much each side was held responsible for the issue at hand, etc. I don't know how well it works, in practice, but I don't think it does any good to spread false information about how loser-pays systems work. Check out this article for information on how loser-pays systems really work.

      --
      "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
    35. Re:Yet another reason... by Prior+Restraint · · Score: 3, Informative

      Companies have been able to copyright collections of facts like phone numbers so why not?

      Probably because you're wrong.

      In Feist v. Rural Telephone Co., the Supreme Court held that, "As applied to a factual compilation, assuming the absence of original written expression, only the compiler's selection and arrangement may be protected; the raw facts may be copied at will." Facts such as names, telephone numbers and addresses are not themselves subject to copyright protection in the United States.

      (emphasis added)

    36. Re:Yet another reason... by Citizen+of+Earth · · Score: 3, Insightful

      The broader the scope, the more chances for litigation. More money for he lawyer.

      When you look at statements of political donations, you always see that lawyers organizations are the top contributors to politicians. Now you know why, and where the money for bad laws comes from: bad laws.

    37. Re:Yet another reason... by LostCluster · · Score: 2

      Nope, DMCA covers all forms of intelectual property that's illegally posted to a website. Just because it says "copyright" on the label doesn't prevent the law from covering trade secrets too. Just look at all the riders that got tacked on to the Homeland Security Act with weak or no connection to homeland security...

    38. Re:Yet another reason... by thomas.galvin · · Score: 2

      True, I did overlook the altruistic and well intentioned, such as yourself. Still, you hit on another problem:

      The problem is, there are so many abuses of the system that if we were to take on every case that came to us, we would never sleep or eat, much less make a decent living.

      The number of well-paid, drag-it-out-till-they-die lawyers vastly outnumbers those such as yourself. Also, if pro-bono work is required, then you are more likely to meet up with a lawyer who is doing his duty and going about his business than a lawyer who is fighting the good fight and defending the rights of the common man.

    39. Re:Yet another reason... by EvilBudMan · · Score: 1

      I've gotta chime in here. First if you've got the money you can appeal the case for many years. If you don't your screwed. Only through a class action suit do you have a chance. Ok, so you win that case 5 years later after the appeals. Your lawers are going to get most of the money. Just look at big tobacco. How long did that take? Who got what? Do the math.

      I short, yes justice does cost money. If someone sues me and I win, I'm still out lawers costs and lost time. It's hard for the little man to absorb a few years in that battle.

    40. Re:Yet another reason... by Tetsujin28 · · Score: 5, Insightful
      Because the DMCA is about circumventing copyright protection technology, which usually means encryption.

      No, it's not. Copyright protection technology and circumvention is only one part of the DMCA -- the one that gets the most coverage on Slashdot, naturally. There are other provisions of the DMCA, such as those dealing with the liability of online service providers for the dissemination of infringing material.

      --
      - - - -
      The real Tetsujin 28 is a giant robot.
    41. Re:Yet another reason... by Anonymous Coward · · Score: 0

      Bush's America sucks ass. It's time for all of us to move before the oil bandit kills us all.

    42. Re:Yet another reason... by Anonymous Coward · · Score: 0

      Amen! The commercialization of the internet may have ruined a few nice things, but when it comes to holiday shopping, it's the greatest thing ever to happen to mankind. No longer do I ever set foot in those fucking malls the last 6 weeks of the year.

    43. Re:Yet another reason... by Catbeller · · Score: 2

      Let me point out that in most the cases that I know of in which little guys sued Scientology, the Scientologist lawyers numbered in the tens! They rack up millions of dollars in legal costs in the smallest of cases, just to intimidate and overwhelm their opponents.

      And then, there is the costs of the appeals if the plaintiff losses. Does the plaintiff have to pay off the 20 million dollar legal bill of the corporation as a prerequisite to starting the appeals process? And appeals can take years. There's one poor guy who fought 20 years to get his settlement even partially paid off.

      If the law were to require the loser to pay off the winner, Scientology would be safe forevermore from lawsuits. No one could even dare take them on financially: they've hundreds of millions of dollars in cash reserves.

      Same for any major corporation. "Loser Pays" would eliminate any real challenge to their practices.

      What I'd like to see is the prevention of a major corporate entity from instigating multiple lawsuit attacks against "enemies". A pattern of legal manipulation should disqualify suits. If a corporation gets magic individual citizen status, it should be treated like one. Right now, no one can really sue them, but they can annihilate anyone they like.

    44. Re:Yet another reason... by issachar · · Score: 2
      I think you missed his point. The little guy will be afraid to sue the big corporation, but the big corporation will NOT be afraid to sue the little guy. This leaves exactly the lousy situation we have now.

      It would also help reduce (not eliminate) the big guy from yielding the big stick (i.e. large legal budget) and smashing the little guy to smithereens.

      Having the loser pay costs would not hinder the big guy from wielding the big stick. He still could except now it would be due to his greater ability to absorb loss in the event of losing. (No matter how good your case is, you may still lose).

      .

      --
      . --- If you're looking for free e-mail you won't find it here! http://www.noemailhere.com
    45. Re:Yet another reason... by The+Grey+Mouser · · Score: 1, Redundant

      Posting someone's phone number on a public site like Slashdot is *seriously* uncool. I understand your motivations, but soliciting phone calls on a site which regularly gets *tens* of *thousands* of eyeballs, even for "a quick call", an hour before deadline is possibly one of the most asinine things I have yet seen in a Slashdot posting; and, as you may infer from my Slash ID, I've seen a fair bit.

      With friends like these, the DMCA needs no bloody help to stick its tendrils into every corner of American business.

      Post your own damned phone number next time, fool.

      Mouser

    46. Re:Yet another reason... by shyster · · Score: 2
      When you look at statements of political donations, you always see that lawyers organizations are the top contributors to politicians. Now you know why, and where the money for bad laws comes from: bad laws.

      Everybody is always against the lawyers...but it's not really their fault. A lawyer, in essence, is no more than a hired gun skilled in argueing. The client tells the lawyer what to say/do, and the lawyer pulls out all the tricks and loopholes to fulfill the client's desire.

      Why shoot the messenger? Shoot the guy who hired the messenger, gave the messenger the message, and will hire another messenger to deliver the message if the first one complains.

    47. Re:Yet another reason... by newt · · Score: 2
      People in the US seem to think that loser-pays lawsuits are a recipe for legal disaster... even though most of the rest of the free world has been successfully using the system for centuries.

      It really isn't that bad, guys. Simple application of discretion on the part of the Judge is sufficient to eliminate most frivilous lawsuits.

      In a society that's increasingly becomming dominated by the effects of lawyers and lawsuits, debating the merits of loser-pays is perfectly justifiable. But if you're against it, don't argue from a position which asserts that the system wouldn't work; Do some research and find a reason to object which isn't contradicted by emperical evidence in hundreds of countries over hundreds of years.

      - mark

      --

      -----
      I tried an internal modem, but it hurt when I walked.

    48. Re:Yet another reason... by kraksmoka · · Score: 1
      here here! i have a friend who's as greedy a law student as i've ever known (we grew up on the same street). however, he is very interested in pro bono work as well. mainly cuz there are some interesting cases that come up with folks who can't afford paid representation.

      anyway, when it comes to this type of suit, if the person can convince an attorney that he can prove damages, ANY PI attorney worth his salt (personal injury, smile when you say that) WILL take the case.

      this type of thing would be even better if there were a group of plaintiffs, class action suits pay them better = more likely to get represented.

      --
      "You never want a serious crisis to go to waste." - Rahm Emanuel
    49. Re:Yet another reason... by matrim99 · · Score: 4, Insightful

      So let me see if I have this business decision down, then:

      a) Plan a massive sale on Black Friday in order to get customers to spend money at a specific retailer.
      b) Spend major $$ advertising the sale.
      c) Spend more major $$ on lawyers' fees and litigation costs when online consumer deals sites attempt to advertise the sale AT NO COST TO THE RETAILER. Cite the DMCA as your legal basis, because it's so broad that it must cover *any* type of content litigation, including actions against anyone who gives companies free advertising.
      d) Either PROFIT after the Christmas season is over and give everyone a pat on the back, or NO PROFIT and blame 9/11 and those "evil" consumer websites who ruined your sales by giving you free advertising.

      A bit of sarcasm in there, but point c) is what worries me. The *only* reason I can possible see for these retail companies wanting to NOT have their sales mentioned on these sites (for free) is that they fear a sales slowdown in the few weeks prior to the Black Monday sales kick-off, due to the large discounts offered then. But a sales slowdown prior to any advertised sales period is the norm in any retail industry, and is always accounted for well ahead of time. So this reason makes no sense.

      This tactic sounds like it would benefit the mentioned retailer's *competitors* more than the retailers who are threatening the "offending" websites with legal action. Well, and benefits the lawyers on all sides as well. That said, just *who's* lawyers sent the threats to the consumer websites in order to stop the free advertising?

      --
      Right. No, your other right. No, the other other right.
    50. Re:Yet another reason... by Anonymous Coward · · Score: 0

      This way *everyone* can enforce his/her/its right if the charges are ridiculous and big corporations can't overpower anyone who can't afford to sue up to the supreme court

      I strongly agree. Where can we begin to make the appropriate changes in the way the system works though???

      20/20 or 60mins (or sum damn program) ran a special on a successful man who got screwed bigtime by the system. Although he was wealthy and a responsible business name living in Hollywood, he had 2 even more wealthy brothers that hated him. So the brothers began filing senseless lawsuits against their brother until he went broke just trying to attend and pay for court.

      An insane hole in the system that favors wealthy parties over the common man. This should have been patched years ago. America shouldn't be for the corporations, it should be for the people.

      All the time i got, peace...

    51. Re:Yet another reason... by coryboehne · · Score: 2

      At 5:08PM on 11/20/02 The Grey Mouser wrote:

      Posting someone's phone number on a public site like Slashdot is *seriously* uncool. I understand your motivations, but soliciting phone calls on a site which regularly gets *tens* of *thousands* of eyeballs, even for "a quick call", an hour before deadline is possibly one of the most asinine things I have yet seen in a Slashdot posting; and, as you may infer from my Slash ID, I've seen a fair bit.

      With friends like these, the DMCA needs no bloody help to stick its tendrils into every corner of American business.

      Post your own damned phone number next time, fool.

      Mouser


      Dear freind Mouser,
      While I do respect your views and agree somewhat with what you have said, I must condemn you for calling me a fool without proper justification. I would like to direct your attention to the link in the article above. It will lead you directly to fatwallet.com where the post below appears:


      Date Posted: Nov/20/2002 10:43 AM
      Posted by: Trekker

      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 212-416-4974 or send me an email with your phone number and I'll call you.

      Thanks, Ron"

      ITS TIME TO REWRITE THE DMCA!!!!!


      Now, I would like you to know that if this information wasn't already in the parent I wouldn't have ever dreamed of posting this fellow's number on slashdot. However, as he was requesting that people get ahold of him to express their views on the subject I was only helping him get as many responses as possible(thereby representing as many view points as possible) and as it was already available to anyone who clicked on that link I figured I would let fellow slashdotters know that the 1-800 number was also available and that it would indeed get you to Ron.

      Now, I hope that you also knew that at the time you made your post his deadline had already passed by a few hours. I hope you do take my advice and give him a call.

      Other than that, someone above suggested a reverse slashdot interview, why doesn't someone call Ron and ask him if that would be of interest to him? I'm fairly sure that Malda would go for it and that would be a fine way to choose our representation effectivly.

    52. Re:Yet another reason... by Anonymous Coward · · Score: 0

      Please learn to use the preview button and proof read your posts. The above is gibberish.

    53. Re:Yet another reason... by Alien+Being · · Score: 2

      So the question is, "Can I buy a $10 argument?"

      Is there a limit on the amount each side can spend to make their case in "loser pays" jurisdictions?

      Only an idiot would sit down to a no-limit poker game against Bill Gates or the Walton family.

    54. Re:Yet another reason... by Zebbers · · Score: 1

      fone slashdot effect?
      if i was ron id kick your ass

    55. Re:Yet another reason... by Anonymous Coward · · Score: 0

      dumbass
      pl;z dial 1-800-hot-fuck for like the new yorker dood roflsdmfaolsdfmashahaaaahahasdff
      ps u sux

    56. Re:Yet another reason... by Fat+Casper · · Score: 3, Interesting
      A lawyer, in essence, is no more than a hired gun skilled in argueing.

      A lawyer is the only kind of hired gun with the ability to legalise murder.

      Bad laws cause a lot of legal friction. Legal friction is good for lawyers' business. Who spends the most on elections? Even better- who spent the most on the 2000 election? Lawyers are paying for the best government money can buy. For themselves.

      --
      I spent a year in Iraq looking for WMD and all I found was this lousy sig.
    57. Re:Yet another reason... by Arthur+Dent+'99 · · Score: 1

      From the snippet that you posted above, it indeed does seem that he wanted people to call him in regard to the story; however, he only states his direct number, not the 800 number. Every call to the 800 number costs his company money. If ten thousand people called him, and each one paid for their own call, that might not be too bad. If ten thousand people called him on the 800 number, however, his company's phone bill would take a significant jump this month. Theoretically, I suppose, you could Slashdot someone into bankruptcy, although that would take a heck of a lot of calls, and they'd probably disconnect the number before then.

      While his company may be able to afford the higher phone bill, if the 800 number calls placed to him are charged against his personal monthly budget, it may place a crimp on him personally, if indeed incoming 800 calls are budgeted to person or department.

      My mother works for a small company, and she has to reimburse the company for any personal calls that she receives on the 800 number. It may be best to check with someone before posting an 800 number that is not heavily advertised already.

    58. Re:Yet another reason... by Fat+Casper · · Score: 2
      Facts such as names, telephone numbers and addresses are not themselves subject to copyright protection in the United States.

      Or sale prices. 'Nuff said.

      --
      I spent a year in Iraq looking for WMD and all I found was this lousy sig.
    59. Re:Yet another reason... by shyster · · Score: 2
      A lawyer is the only kind of hired gun with the ability to legalise murder.

      No, a jury is (excepting Bush's administration, of course). But, a lawyer is your best bet for the defendant facing a possible death sentence.

      Of course, we were talking CIVIL lawsuits, not CRIMINAL lawsuits...so your point is invalid on (at least) 2 counts.

      Bad laws cause a lot of legal friction. Legal friction is good for lawyers' business.

      Take it a step further...why is "legal friction" good for lawyers' business? Maybe because there's a lot of companies (and individuals) who hope to capitalize on that "legal friction"...and so hire a lawyer to present their case?

      Who spends [opensecrets.org] the most on elections? Even better- who spent [opensecrets.org] the most on the 2000 election? Lawyers are paying for the best government money can buy. For themselves.

      Then vote Republican and let the big corporations have it. Campaign finance reform issues aside, lawyers still only serve as a mouthpiece for their clients...no lawyer would intentionally misrepresent their client's wishes.

    60. Re:Yet another reason... by peg0cjs · · Score: 1

      Actually, this tends to level the playing field, because the "little guy" no longer has to be little. He can also accumulate the huge expenses that the large corporation can with the marvel of consignment, thereby making suing the little guy a deterrent as well.

      In the real world (i.e. outside the US), Loser Pays works exteremely well as a deterrent without impacting the little guy's rights/abilities to sue the big guy. Lawyers today are very keen on the whole "I don't get paid until you get paid" model, because good cases end up getting good settlements. Not many plaintiffs are able to get those types of settlements under the retainer model where they pay fees throughout the process.

      --
      Karma: Excellent (Mainly due to Bill & Ted's Karma Adventure)
    61. Re:Yet another reason... by pwarf · · Score: 1

      A lot of these deals are loss leaders. The retailer is losing money on each item sold. However, they are hoping that customers will do their Christmas shopping on other things while in the store (or on the website). From experience they know this is true for the audience they reach, but it is probably not true for the average reader of the deal websites. Also, the readers of the deal website may buy up all your loss leader, annoying your regular customers. It is a rational business decision for the retailers.

      That said, this is ridiculous. There needs to be a stiff penalty to threatening legal action when no basis for a lawsuit exists (maybe triple what the damages would have been had there been a case, like for racketeering).

    62. Re:Yet another reason... by coryboehne · · Score: 3, Interesting

      You have a fine point, however I would like to point out two things that negate almost all of your comment:

      1: This is not Mom & Pop shop or any sort of a small company, it's the Wall Street Journal and as such they make and spend more money in one day than you will in your entire life (most likely, that is assuming you're not extrememly successful) So the cost of a few hundred 1-800 calls are virtually nothing to them. In addition to this, I'm sure if they were billing him for the calls it would put a fair dent in his pocket, however I would assume (due to the tangle of routing that I had to go through to get to him on the 800 number) that they are most likely not able to trace the call as being from their 800 number and bill him... At least I hope so, because he is a really nice fellow and I would hate to cost him any sum of money...

      2: The 1-800 number I posted is listed on the Wall Street Journal homepage, so I would care to differ with you on the point of it not being heavily advertised already... It is highly accessible and heavily advertised.

      Although I know you didn't have a clue about where I found that 800 number.....

      On another point, your observation of slashdotting someone into bankruptcy, that actually made me laugh out loud... However I would like make sure that everyone knows bandwidth is not free either, and everytime the slashdot effect occurs it does cost someone, somewhere, something...

    63. Re:Yet another reason... by matrim99 · · Score: 2

      Valid points, and I agree will all but one point that I'm not so sure of:

      they are hoping that customers will do their Christmas shopping on other things while in the store ... but it is probably not true for the average reader of the deal websites

      Sure, readers of those websites are probably a bit more computer saavy than your average walk-in customer, but that doesn't mean that they are less likely to buy "other stuff" in the store; they're human and are just as likely as the next customer to buy 500% markup "impulse items" and other random stuff that they pass while searching for that 1 item that's on sale that they want, and the goals of the loss-leader sale items are met.

      Computer-saavy or not, everyone who enters a store to buy that 1 loss-leader item are equally targeted to buy extra stuff, regardless of which media format (online, mail ad, tv ad, etc.)informed them of the sale item that they seek.

      --
      Right. No, your other right. No, the other other right.
    64. Re:Yet another reason... by zora · · Score: 1

      "justice" has a cover charge; if you can't afford the lwayers, you don't get in the door.

      <rant>
      You are soooo right... Justice is meant/paid for by "we the people" and if the entire system is out of reach of the common man then it is useless. Just fucking burn it down and start over
      </rant>

      --
      In the end they will lay their freedom at our feet, and say to us, "Make us your slaves, but feed us." - Dostoevsky
    65. Re:Yet another reason... by Demonspawn · · Score: 1

      "Fortunately for me, the penal code is not copyrighted"

      I have to laugh. Belive it or not, some laws ARE copyrighted. There's an old slashdot article (I'm to lazy to search) about a guy who got busted for puting CA's building codes on the net.

      Um.. I am gonna look that up now. I'm insanely curious how it all ended (Can't get that info from slashdot, but I can get enough info to know what to search for).

      --Demonspawn

    66. Re:Yet another reason... by The+Grey+Mouser · · Score: 2

      Hi coryboehne,

      Well, I apparently missed the forum post when I first looked at the link in the story (how far down was it, anyway?) Unfortunately, the link is no longer responsive, so I can't check this. So, it appears that I do owe you an apology for my invective. I would say, however, that the post you quote appears to be from Ron second-hand, posted from another mailing list onto this board. "Ron" might feel rather different about circulating his phone number on a limited-distribution mailing list as opposed to publishing it on a web board like fatwallet, let alone a site like Slashdot! I'm curious just how far and wide he intended that to be disseminated.

      Still, you appear to have acted in good faith, so I withdraw my comment and offer apologies for my perhaps overquick judgement.

      Cheers,

      Mouser

    67. Re:Yet another reason... by beowulfcluster · · Score: 0

      Companies have been able to copyright collections of facts like phone numbers so why not?


      Uh oh, the guy above who posted the number for the reporter can expect the FBI to break down his door any time now.
    68. Re:Yet another reason... by Mac+Degger · · Score: 2

      Apply this argument to an assasin. Where do you end up?

      An invalid argument.

      --
      -- Waht? Tehr's a preveiw buottn?
    69. Re:Yet another reason... by lllama · · Score: 1

      Wired have the story here. One of the reasons cited for the retailers not wanting the prices posted is that "15 cents on a Furby can equate to $1 million" and they don't want other stores altering their prices before Friday. Makes sense.

    70. Re:Yet another reason... by coryboehne · · Score: 2

      Not a problem dear Mouser. The post from Ron was about fifteen posts down (I'm guessing). I do wonder how many calls he expected, and in respect to that how many he received. In closing, thank you for the polite retraction of your previous comments, I look foward to having further discourse with you in the future.

      Cory Boehne

    71. Re:Yet another reason... by shyster · · Score: 2
      Apply this argument to an assasin. Where do you end up?

      In my ethical view, you end up in the same place. Legally (and in society), the assasin is breaking the law and so will be punished IN ADDITION to the guy who hired the assasin. Difference being that lawyers are not breaking the law...they are working within the law.

      Have a problem with the law? Then it's Congress or a judge's fault.
      Have a problem with someone using the law "creatively" to their benefit? Then it's the clients fault.
      Have a problem with a lawyer fulfilling his client's wishes (while regarding existing laws)? Then you don't understand capitalism...nor an adversarial judical system.

    72. Re:Yet another reason... by Mac+Degger · · Score: 2

      True...so the argument isn't faulty :) But the point I'm trying to make is the use of the "Ich habe nichts gewußt" attitude. If you know something is wrong, you shouldn't do it.

      "Have a problem with someone using the law "creatively" to their benefit? Then it's the clients fault."

      Yeah, technically that is true. But what Enron was doing was also (mostly) technically legal. The lawyer is the enabler here, so is equally guilty, morally. Not so under law, true, but that is exactly the problem here.
      Does a murderer need representation? Yes. Should he get off when he's proven to be one? No. Should he be let off on a technicality? No, the person who made that technical error should be punished, not the guilty rewarded.

      --
      -- Waht? Tehr's a preveiw buottn?
    73. Re:Yet another reason... by mkldev · · Score: 1
      I'm going to say "not". The text of laws are in the public domain. Period. There are no exceptions. You -can-, however, get busted for putting laws on the net, just not because the text of the law is copyrighted.

      The presentation of the law in legal books can be, and often is, copyrighted. This includes various annotations like paragraph numbers, etc. that most of us take for granted. Unless the annotations were in the bill that went through the legislature, it is a copyright violation to publish them.

      Of course, you can always come up with your own numbering system, but then nobody will be able to reference parts of the bill in your online copy, and it will thus be of only marginal utility. Catch-22.

      --
      120 character sigs suck. Make it 250.
    74. Re:Yet another reason... by KewlPC · · Score: 2

      Actually, they're probably afraid that their competitors will undercut them, and they'll either lose business or have to cut their own prices again, which will both have the same effect.

      By everybody all releasing their sale prices on or around the same date, your competitors won't have the chance to undercut you.

    75. Re:Yet another reason... by budgenator · · Score: 2

      Companies have been able to copyright collections of facts like phone numbers so why not?

      IANAL but It's my understanding that facts like phone number can't be copyrighted, only a given collection of numbers. Frequntly the collections contain wrong information, that could only be gotten from a given collection to prove that the particular collection had been copied.

      That's why when you're playing Trivial Persuit, and the card says you're wrong and you know better you can argue the point.They purposely put in wrong answers to protect the copyright.

      Beside I copyrighted the phrase "9.95" years ago My laywers will be in touch

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
  2. Copyrighting Prices by program21 · · Score: 4, Funny

    It seems that prices are copyrighted. It's just a matter of time before someone like Walmart sues anyone whose prices end in .99.

    --
    This has been a test. Had this been a real emergency, we would have fled in terror and you would not have been informed.
    1. Re:Copyrighting Prices by Greedo · · Score: 2

      Two words: "prior art".

      (And yeah, I know you were being sarcastic.)

      --
      Tuus crepidae innexilis sunt.
    2. Re:Copyrighting Prices by ergo98 · · Score: 1

      That would almost make sense if it weren't for the fact that Walmart is virtually the only store that doesn't end their prices in the ubiquitous .99. Instead Walmart is the oddman out with prices like "12.64" and "13.28".

    3. Re:Copyrighting Prices by ryochiji · · Score: 4, Funny

      How 'bout "2 cents"? Is that copyrighted?

      Just my 2 cents...do'h!

    4. Re:Copyrighting Prices by Anonymous Coward · · Score: 0

      Prior art is only for patents. We're talking copyright.

    5. Re:Copyrighting Prices by Drakin · · Score: 2, Interesting

      A few of the items that come from the manufacturers marked with prices end with .99... as I recall , there's certain numbers that unless it's a special case, Walmart doesn't want their prices to end with... 9, 5 and 0 are the ones that I recall the best....

    6. Re:Copyrighting Prices by Anonymous Coward · · Score: 0

      Doesn't matter anyways. Copyright seems to only entail works that have a creative side to them. I forget the case (Fenton?) since I'm not a lawyer and I only pretend to be on /.(jk), but if the work has no creative value, they have no claim.

      That said, some folks did (try?) to copyright phone numbers (I believe it was an Australian company; it was covered on /. a while back), however, that was based more on the tones produced. Also, silence of some length has also been copyrighted (also covered on /., but since that debate was settled out of court, there is no case law on it).

      Personally, I'd write to the companies or hold on purchases--in a month or two, the prices tend to drop anyways. Walmart has alwasy been trash to me, so I don't bother with them at all (good prices, absolutely crummy, incompetent employees in my area imo). Best Buy has been idiots since they keep mislabelling their products online and threatened people who came in with those prices right off their website. Target has slid in my opinion (I used to shop there all the time in DC), but they aren't in my current area. As a customer of Staples for both business and personal use, I've already pulled 3 $150+ orders (lots of bubblewrap, 2 drives, 1 HP PSC 750) that I was going to place this week because of this news. I can get these elsewhere, e.g. the bubblewrap I got from them due to convenience of delivery, but there's another place where my order comes out $10 cheaper (but I have to borrow a van and drive out to pick them).

      I'm also a tad confused as to what "copyright" has to do with anything news related. If it's a consumer oriented site that puts out prices regularly, attributing to the correct business or site, what leg do they have to stand on? It may not be journalism, but it's still news of a speciality sort.

    7. Re:Copyrighting Prices by bwt · · Score: 5, Insightful

      Prices are facts and cannot be copyrighted because they are not original works of authorship. See the Feist case, where an alphabetical listing of phone numbers was unanimously ruled to not be copyrightable.

      However, a price sheet may involve some originality in selection, layout, graphics, descriptions, etc... and thus an exact reproduction of this might be infringing.

      The interesting DMCA question is whether an access TPM to a copyrighted price sheet could be circumvented if the only thing extracted was the price data. I actually think the DMCA as written says such access IS illegal but that Congress has no Constutitional authority to pass such a law.

      Then again, I think the 2nd Circuit's opinion upholding the DMCA was deeply flawed.

    8. Re:Copyrighting Prices by program21 · · Score: 2

      Bah! Walmart was just the first that came to mind, that's what I get for not shopping there much. ;) s/Walmart/Target/ and we should be alright.

      --
      This has been a test. Had this been a real emergency, we would have fled in terror and you would not have been informed.
    9. Re:Copyrighting Prices by Anonymous Coward · · Score: 0

      No, those prices copnsis of DIGITS!!!

      See.

      Digit -> Digital.

      It makes sense now!!!

    10. Re:Copyrighting Prices by dasmegabyte · · Score: 2

      Uh, if it were walmart, they'd sue anybody whose price ends in .87. Rollbacks, nuhmean?

      --
      Hey freaks: now you're ju
    11. Re:Copyrighting Prices by ergo98 · · Score: 1

      It just is humorous that the specific example that you chose is pretty much the only large retailer to buck the .99 trend. Indeed there was a fascinating story on the marketing behind the technique of Walmart pricing in the Canadian National Post recently, however unfortunately they don't have it in their online version.

    12. Re:Copyrighting Prices by grub · · Score: 2


      Walmart is the oddman out with prices like "12.64" and "13.28".

      Wal-Mart will start suing governments for minting pennies I guess. :)

      --
      Trolling is a art,
    13. Re:Copyrighting Prices by Just+Another+Perl+Ha · · Score: 1

      That's actually a rather recent thing at Walmart. IIRC, for many years almost *all* of Walmart's prices ended in .96... I assume so they could continue to get away with saying "We Sell for Less" while Target and KMart were selling the same product for $x.99.

      Of course... everything changed after Sam died.

    14. Re:Copyrighting Prices by stinky+wizzleteats · · Score: 5, Informative

      It's just a matter of time before someone like Walmart sues anyone whose prices end in .99.

      Former Wal-Mart department manager - Actually, no prices in a Wal-Mart should ever end in .99. The default ending for a price is .97. If the item is on in-store sale, it should end in .94. Clearance is fair game, but these usually wind up being even dollar figures.

      The reason they are doing this is to prevent each other from knowing the prices they use in their ads until the last minute. Retailers are very cutthroat about their Black Friday deals, and want to keep each other off balance. As demonstrated, however, they don't want to go TOO low to accomplish this. Therefore, this is an issue of price fixing as well as free speech.

      Yay Capitalism!

    15. Re:Copyrighting Prices by Anonymous Coward · · Score: 0

      Sorry, I have a patent on prices ending in ".99". Can't wait to get them in court...

    16. Re:Copyrighting Prices by ArsonSmith · · Score: 2

      correct me if I am wrong but Prior Art refers to Pantents not copyright.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    17. Re:Copyrighting Prices by Random+Hamster · · Score: 1

      You joke, but the staff in one large white-goods chain here in England told me that the last digits of the price have a meaning e.g. 97p means the product line has been discontinued (which for practical purposes means 'you are wasting your time, we don't have any and can't get any')

    18. Re:Copyrighting Prices by randomErr · · Score: 2

      Give us our damn money or we send this guy after you!

      It seems that prices are copyrighted. It's just a matter of time before someone like Walmart sues anyone whose prices end in .99.
      An explanation of this .sig is beyond the scope of this text.

      --
      You say things that offend me and I can deal with it. Can you?
    19. Re:Copyrighting Prices by Pii · · Score: 4, Interesting
      Actually, there's some science involved in Walmart pricing.

      My wife used to work at Sams's Club, and once explained the system to me (quite a while ago, so this may not be entirely accurate).

      Products ending in 9 are as they were originally priced when Walmart began offerring the product.

      Products ending in 6 have been marked down.

      Products ending in something else (I forget the digit) have been reduced as far as they are going to go, and are essentially clearance items.

      How this is useful is best left an excercise to the reader, but I guess someone could put it to use. (Probably not though.)

      --
      For those that would die defending it, Freedom
      has a sweet taste that the protected will never know.
    20. Re:Copyrighting Prices by Amazing+Quantum+Man · · Score: 1

      Has Wal*Mart sued "That 70s Show" for trademark infringement, since T7S uses a smiley face?

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    21. Re:Copyrighting Prices by scotch · · Score: 3, Funny

      You are wrong. "Prior Art" refers to a collection of oil paintings brushed by the late Richard Prior. Truly an American Icon - slashdot will miss him.

      --
      XML causes global warming.
    22. Re:Copyrighting Prices by rkent · · Score: 2

      Prices are facts and cannot be copyrighted because they are not original works of authorship. See the Feist case, where an alphabetical listing of phone numbers was unanimously ruled to not be copyrightable.


      The FatWallet posting was ambiguous, but I can imagine a situation in which this wouldn't apply.

      Prices, per se, may be facts, and as such not copyrightable. But plans to change prices at some future date ... don't seem quite the same. Seems like it could be covered under the "trade secret" rubric. So, if someone at FatWallet, eg, stole an internal memo to get these prices, then of course they can't be published legally.

      However, if they were public somewhere ELSE and fatwallet is just reprinting them, then this seems like a big hubbub over nothing.

      Either way, incidentally, none of US could be prosecuted, I think for re-posting the alleged prices; once FatWallet made them public, the trade secret-ability was broken.

    23. Re:Copyrighting Prices by tstiehm · · Score: 1

      Intel tried to say that x86 and all 86 related chip references were theirs by Trademark that that failed (leading to the Pentium name).

      Copyrights cover groups of words, not just a single word so you can't copyright $19.99.

      But prices might be considered trade secrets, especially future prices, i.e. future sale prices.

    24. Re:Copyrighting Prices by workindev · · Score: 1

      I run a Deals Website. Does this basically mean that a retailer can sue me if they don't like the kind of business I'm sending them? I don't see very many independent web sites (like mine) fighting big corporate lawyers from the likes of Wal-Mart. Something has got to change.

    25. Re:Copyrighting Prices by SomeoneGotMyNick · · Score: 3, Interesting

      How this is useful is best left an excercise to the reader, but I guess someone could put it to use

      If it ends with '9' don't buy it unless it's the current craze.

      If it ends with '6' and there is quite a few left, wait a bit before buying.

      If it ends with anything else, and you still want it, buy it. It's not getting any cheaper.

    26. Re:Copyrighting Prices by Kallahar · · Score: 2

      I don't know about you, but I sure love saving those extra few cents! I'll drive 20 miles out of my way and waste hours to save $0.03 on a pair of socks!

      When will companies learn that most people don't give a rats ass whether something costs $29.97 or $29.99?

      But then again, sell a million and that's an extra $20,000 for the corp...

      Travis

    27. Re:Copyrighting Prices by Anonymous Coward · · Score: 0

      It's psychological, I assume.

      $29.99 sounds better than $30, despite being one penny off.

      $19.97 sounds better than $19.99.

    28. Re:Copyrighting Prices by nelsonal · · Score: 1

      5s and 10s indicate clearance items, they usually have a red tag as well, I don't know what the nines are. Could be just something to set them apart from their competitors.

      --
      Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
    29. Re:Copyrighting Prices by Datafage · · Score: 1

      Trade secrets, once leaked, are fair game... they could sue whoever leaked the trade secret, but not people who view it after.

      --

      Nicotine free Amish .sig.

    30. Re:Copyrighting Prices by jmanning2k · · Score: 2, Interesting

      Now you'll be charged with violating the DMCA for releasing the details of their super-secret pricing code.

    31. Re:Copyrighting Prices by Fat+Casper · · Score: 2
      correct me if I am wrong but Prior Art refers to Pantents not copyright.

      Yes, but prices that have existed in the past, been published, that you even have reciepts for, can not be considered a "creative work" by a current retailer.

      That said, the point is granted that all numbers published by Arthur Andersen and PricewaterhouseCoopers are very creative works.

      --
      I spent a year in Iraq looking for WMD and all I found was this lousy sig.
    32. Re:Copyrighting Prices by Anonymous Coward · · Score: 0

      Jesus H. Christ you just demonstrated a proof of human stupidity.

    33. Re:Copyrighting Prices by glitch23 · · Score: 0

      Not that it matters much but this same info was printed in an issue of 2600 about a year ago. THe person worked at a Staples I think. Same basic premise applied though.

      --
      this nation, under God, shall have a new birth of freedom. -- Lincoln, Gettysburg Address
    34. Re:Copyrighting Prices by Anonymous Coward · · Score: 0
      Yay Capitalism!
      I think you meant, "Yay government!". It is the government's laws that these companies are trying to use.
    35. Re:Copyrighting Prices by Anonymous Coward · · Score: 0

      "Today's show is brought to you by the number 9, a division of Wal-Mart, where America shops"

    36. Re:Copyrighting Prices by kubrick · · Score: 1

      I'm pretty sure he had a son -- Art Prior.

      Is Richard buried next to Stephen King?

      --
      deus does not exist but if he does
    37. Re:Copyrighting Prices by stinky+wizzleteats · · Score: 1

      When will companies learn that most people don't give a rats ass whether something costs $29.97 or $29.99?

      Well, those are just the end codes. Something that would be 29.97 might go on in-store special for 19.94. But this in no way invalidates your point.

      People are stupid. The decision to buy something is completely emotional and subject to bizarre and arbitrary conditions such as where the product is placed, what color the label is, etc.

      Believe it or not, people actually percieve a price of 29.94 as significantly less than 20.00. No, I did not mistype. I used to think the .99 thing was sort of like the gas price which includes 99% of a cent at the end of its prices, but this is not the case. Numbers behave in very funny ways inside a retail customer's mind.

    38. Re:Copyrighting Prices by Drakin · · Score: 1

      Actually, clearance is reguarly reduced down with .50 or .00 at walmart... more often than not, it's .00...

      Red tags can mean clearance, or they can mean a "rollback" (which means 1 of 2 things... a competitor has a lower price and they beat it, or they made a deal with the manufacturer to get a lower price)

      Incidently, for anyone who wants to know... the average markup at Wal-mart is ~28%... though some items I've seen were 97% markup!

    39. Re:Copyrighting Prices by Anonymous Coward · · Score: 0
      Stanley, is that you?

      - Stephen King

    40. Re:Copyrighting Prices by robl · · Score: 2

      Yup.

      "Shave and a haircut... 2 cents."

      Obviously, you're sampling, and should pay
      thousands of damages.

  3. Sorry by JohnHegarty · · Score: 4, Funny

    "I would like to know what part of the DMCA states that you can not share the price of merchandise. "

    Sorry , I would show you but that would volatile the DMCA....

    1. Re:Sorry by elvum · · Score: 1

      :-) I think that Joseph Heller beat you to that one though...

    2. Re:Sorry by Anonymous Coward · · Score: 0

      volatile != violate.

    3. Re:Sorry by Loki_1929 · · Score: 5, Funny

      "Sorry , I would show you but that would volatile the DMCA...."

      Sounds like Fight Club...

      "The first rule of DMCA is you do not talk about DMCA.
      The Second rule of DMCA is you do not talk about..."

      --
      -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
    4. Re:Sorry by Anonymous Coward · · Score: 0

      > volatile != violate.

      Don't you realize that he was encrypting his message? Why did you decrypt it? Get your lawyers ready, the DMCA police are coming to get you.

    5. Re:Sorry by Anonymous Coward · · Score: 0

      "Sorry , I would show you but that would volatile the DMCA...."

      Or should it be this:

      I could tell you, but then I'd have to sue you...

    6. Re:Sorry by Anonymous Coward · · Score: 1, Funny

      If this is your first time with the DMCA, you *must* sue.

  4. copyright? by dirvish · · Score: 5, Informative

    I am really confused as to how this is a copyright violation. Clearly, this is just another example of the DMCA being a stupid law that is out of control.

    We have been given DMCA notices regarding the posting of "Black Friday" sale prices from the following companies: Wal*Mart Target Best Buy Staples 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.

    I am glad to see they are going to get the EFF involved. Hopefully they will be able to knock some sense into these corporations.

    1. Re:copyright? by TheGreenLantern · · Score: 5, Informative

      If I'm understanding this correctly, the problem the companies seem to be having is that sites like this FatWallet are getting the holiday sale prices in advance of the so-called "Black Friday" (Friday after Thanksgiving). Presumably the retailers are not only worried about losing sales in the sort term to people who will wait for the sale prices, but they're worried about competitors finding out this information and undercutting them on the items in question.

      Of course this begs the question "How does this information get out in the first place", the answer to which is of course "Greedy employees giving their friends/relatives a heads up". Easier to wave some lawyerin papers at a few web sites than to take care of the problem internally I'd guess.

      --

      It hurts when I pee.
    2. Re:copyright? by Anonymous Coward · · Score: 1, Insightful

      I am really confused as to how this is a copyright violation. Clearly, this is just another example of the DMCA being a stupid law that is out of control.

      I don't think Copyright or the DMCA applies. Their lawyers are just trying whatever they can think of to scare people into doing what they want. It's total bullshit. (hard to say really, since I can't read the text of the notice and IANAL)

      I very much doubt you can copyright something as short as a price. A price *list* maybe, but if you're only giving excerpts then it's fair use.

    3. Re:copyright? by weeeee · · Score: 1

      Advertisments such as sales tend to be printed well in advance of the distribution date. All it takes is one printer to copy down the information and then its leaked.

      I doubt they are worried about competitors knowing the sale prices ahead of time. Spies abound, and with the low pay of retail employees, I highly doubt that sales information is as secure as you think it is.

    4. Re:copyright? by Anonymous Coward · · Score: 0

      "The reader is counselled to avoid this usage, to avoid the wrath of pedants and philosophers."

      So, are you a pedant, or a philosopher? I could take a guess...

    5. Re:copyright? by Punchcardz · · Score: 2, Interesting

      The DMCA is rapidly becoming a blanket law used any time corporations don't like the way new technology is being used towards their products in any other way than they specificly want. They have a vested interest in the consumer not having instant access to sale prices from different stores, as it allows them to use a sale to gain your buisness but still retain the higher profit margins on other items. Historicly the way the model works involves a lot of research into consumer psychology and buying patterns. Which of course is threatend when technology will instantly tell you "Best towel price: XXX, Best shoe price: XXX) DMCA just gives them a weapon against change due to technology.. Tell it to the scribes guild a few hundred years ago as far as I'm concerned. Adapt, deal, or go out of buisness.

    6. Re:copyright? by Anonymous Coward · · Score: 0
      > I am glad to see they are going to get the EFF [eff.org] involved. Hopefully they will be able to knock some sense into these
      > corporations.

      And this in turn is yet another reason to join the EFF.

    7. Re:copyright? by Anonymous Coward · · Score: 0

      Since that information is privately held and is part of their business model, wouldn't upcoming sale prices fall under "trade secrets"? Especially if their competitors find out and decide to change their prices accordingly...

    8. Re:copyright? by pr0nboy · · Score: 1

      So does that mean that devsdeals.com, fatwallet.com, and the like cannot post the information even if they did nothing illegal to obtain it? That doesnt make any sense to me.

    9. Re:copyright? by Anonymous Coward · · Score: 0
      Of course this begs the question "How does this information get out in the first place", the answer to which is of course "Greedy employees giving their friends/relatives a heads up".


      Actually, the sales flyers are printed 4-6 weeks in advance. I'm not sure how they are handled between printing and distribution. I do know that at the wonce great newspaper in Chicago, the flyers were stored in opaque packaging and you could be fired for opening then ahead of time. Unless, of course, you were in the union - in which case nothing happened, and the union guys knew what was on sale in the coming weeks. Moral: Bring the union guys brownies and beer. Know what goes on sale.

    10. Re:copyright? by Anonymous Coward · · Score: 0

      No wonder they are giving in-----note all the ads on their website. Can't offend the people buying advertising now, can we?

  5. Too bad they won't fight by nesneros · · Score: 5, Insightful

    I can understand FatWallet not wanting to fight this, but I sure wish somebody would. Until there is enough momentum from the accused, we won't see any real progress on seeing the DMCA changed or overthrown.

    --
    Some men spend their entire lives trying to kill themselves for having been born. --Ross MacDonald
    1. Re:Too bad they won't fight by Anonymous Coward · · Score: 0

      Fight it in your own way. Don't shop there. Period. Get your stuff elsewhere. Go to their competitors--for Staples, go to Officemax or Office Depot. Walmart and Target are sorta similar, so go to Kmart, Costco, etc. For Best Buy, go to Circuit City.

      Or far far better, find a local area business if there is still one around (usually more rural/suburban areas are served by these).

      I'm getting utterly sick of this sort of crap. Newly established trademarks that force a local business family name change due to stupid trademark law. Now DMCA.

    2. Re:Too bad they won't fight by Sancho · · Score: 5, Insightful

      People /want/ to fight it, they just can't. Try going up against Wal Mart, Best Buy, Target...you can't. You don't have the money. They can tie you up in court until your financing runs out, then your lawyer says "buh-bye" and you effectively lose.

      That's how laws like this stay in effect, and it shows a massive flaw in the court system in America. For civil suits, you have a huge advantage if you have money to burn, and enforcing laws like this are only to the corporation's benefit.

    3. Re:Too bad they won't fight by Lumpy · · Score: 4, Insightful

      sorry but ANY time you enter a court the one who has the most money to throw at it wins.

      I've done it myself. if you have enough money you can make anyone look like a lowlife to the judge and just simply run out the clock.

      --
      Do not look at laser with remaining good eye.
    4. Re:Too bad they won't fight by martyn+s · · Score: 1

      Is this really true? I mean, if I were the one being threatened by the DMCA here, and I just went to court without a lawyer, and without even a basic understanding of the law, can the judge rule in my favor? More specifically, can a judge consider arguments not presented by a lawyer? If the answer were yes and judges were honest, then having a lawyer would have little effect. So either the answer is no, or judges aren't honest, or both.

    5. Re:Too bad they won't fight by fenix+down · · Score: 1

      It's not just putting on suspenders and faking a southern accent so the jury likes you. There's paperwork. The richer side can hire more secretaries, who can produce enough paperwork to drown your side. That means you'll have to ask the judge for delays, which will piss them off. Also, it gives the opposition plenty of chances to cry unfair about how your side's "stalling" on all their crap. It's like all those movies where the guy gets screwed because he didn't deliver whatever paper to the court on time. If it's random 133t d00d vs. Wal-Mart, it's not hard to make sure d00d ends up in a situation like that a few times.

      * 90% based on Law & Order, 10% based on a friend who got sued

    6. Re:Too bad they won't fight by Anonymous Coward · · Score: 0

      let me put it this way... If I were to decide to sue you... and I figured that I could profit out of the suit to make the 100,000 dollars I spend on lawyers and other things worthwhile AND I know you can't spend anywhere near that to defend yourself... it doesnt matter... you will lose... this is exactly how it works in corperate america.. I've seen it at the place I worked, and I used it in my own case.

      It doesn't matter even if you have PROOF that you are innocent.. in my case, it was fair and just that I did win, but it was against everything the courts usually do and I was even told by court officials that I will not win, as they NEVER rule for a male against a female in such a case.

      well after several tens of thousands of dollars... I win. I have custody of my daughter. and many others recently used my case as a precident for thier's and are using my tactics that my lawyer and I devised.

      if you want another example... look at how in the face of evidence pointing DIRECTLY at simpson for murder.... he still walked away. if it wasn't simpson on that stand but someone without a few million to spend on it... he would have already been fried and buried by the state.

      you cant play fair in court.. you have to play dirty, you have to play to win and most of all never EVER be nice to the opposition.

  6. Can someone elaborate by haplo21112 · · Score: 3, Informative

    Could someone fill me in on what this is all about...I am not sure what's meant by "Black Friday" sale info?

    --
    Power Corrupts,Absolute Power Corrupts Absolutely, leaving one person(group)in charge is absolutely corrupt.
    1. Re:Can someone elaborate by Nidhogg · · Score: 4, Informative

      The Friday after the U.S. Thanksgiving. Traditionally the biggest shopping day in the States.

    2. Re:Can someone elaborate by Anonymous Coward · · Score: 0

      "Power Corrupts,Absolute Power Corrupts Absolutely, leaving one person(group)in charge is absolutely corrupt"

      yeah, thanks for explaining that. You might need a diagram for the American market in a few years though, the way your country is headed right now.

    3. Re:Can someone elaborate by Orne · · Score: 4, Informative

      The Thanksgiving holiday (a United States holiday dedictated to giving thanks for the harvest) occurs every year on the last Thursday in November. The following day (Friday) is normally a work holiday, so that workers can have a 4 day weekend. So, having that friday as a holiday means a lot of people have the day off with nothing to do, so they go out shopping.

      In the past, that was also the day when stores would bring out their Christmas merchandise; that is why Santa rides in the Thanksgiving parades, to symbolize the arrival of the Chrismas season. Of course today, Chrismas shopping begins October 14th, don't ask me why.

      On top of that, stores now offer many sales that day, so it draws out more people to go shopping. When people shop, they buy, which means earnings for the stores. When a business is balancing their accounting, the term "in the red" means that they are losing money, and "in the black" indicates that the business is profitable. Over this weekend, many department stores do so much business they go from losses to profit, thus they are now "in the black", which results in the name ... Black Friday.

    4. Re:Can someone elaborate by LineNoiz · · Score: 2, Informative

      The Thanksgiving holiday (a United States holiday dedictated to giving thanks for the harvest) occurs every year on the last Thursday in November.

      [nitpick]
      Actually, Thanksgiving is celebrated on the third Thursday after the first Wednesday in November. So, if Nov. 1 is a Wednesday, then Thanksgiving is the second to last Thursday in the month.

      The only time Thanksgiving is celebrated on the last Thursday is when the 1st of November is on Thursday, Friday, or Saturday, like this year.
      [/nitpick]

      --
      "Quotation is a serviceable substitute for wit." --Oscar Wilde
    5. Re:Can someone elaborate by Anonymous Coward · · Score: 0

      With such innane knowledge, you would surely win on Jeopardy.

      "Cliff you have the board"

      "I'll take Mayan Thansgiving for 1000, Alex"

      "Our DAILY DOUBLE "

      "I'll make it a true daily double"

      "Date Thanksgiving will occur in 2012 when November starts on a Monday ... "

      "What is ... Nov 25th I think."

      "No, I'm sorry Cliff that is incorrect ... it was a trick question, because the Mayan calendar says that the earth will end PRIOR to November 2012, so they won't be celebrating Thanksgiving. You go back down to zero."

    6. Re:Can someone elaborate by SpaceLifeForm · · Score: 2

      One more point to add. Retailers make or break their fiscal year (usually ends Jan 31st), based upon their sales between Black Friday and Jan 31st. At this point in time, things are not looking good for the retailers, so keeping their pricing strategies under wraps makes a lot of sense. At the same time, it is also paranoid on the retailers part, because they do have time to adjust their prices before Jan 31st to increase sales. Bottom line, it probably won't make much difference in the U.S. due to the state of the economy. All of the retailers will likely lose money this fiscal year anyway.

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    7. Re:Can someone elaborate by Anonymous Coward · · Score: 1, Informative

      Uh, how about 'the fourth Thursday of November.' Or was everybody (including the White House: http://www.whitehouse.gov/news/releases/2001/11/20 011116-3.html[whitehouse.gov if you remove the added space]) mistaken last year when it was celebrated on November 22?

    8. Re:Can someone elaborate by DevNova · · Score: 1

      It sounds like these "Black Friday" deals have been available in years past on the internet. I'd never heard of them before this post on /.

      Thank you big-name retailers! Without you and your foolish lawyers, I probably wouldn't have heard about them again this year!

    9. Re:Can someone elaborate by Anonymous Coward · · Score: 0

      October 14th? Where do you live? I've seen commercials for Christmas items at the end of September already.

      Not to mention stores mentioning the Christmas season around the same time.

      I've even seen a Christmas movie at that same time.

    10. Re:Can someone elaborate by parliboy · · Score: 2
      Actually, Thanksgiving is celebrated on the third Thursday after the first Wednesday in November.

      So Thanksgiving is tomorrow?

      --
      "You're never ready, just less unprepared."
    11. Re:Can someone elaborate by Anonymous Coward · · Score: 0

      Of course today, Chrismas shopping begins October 14th, don't ask me why.

      I'm not sure if this is the reason or just coincidence but Oct 14th was Thanksgiving in Canada.

    12. Re:Can someone elaborate by Anonymous Coward · · Score: 0

      Well, accountants & executives might call it "Black Friday" because their books finally get out of the red.

      Go ask any poor sap who has to work in one of those retail stores why they call it "Black Friday". You'll get a completely different answer. :-)

    13. Re:Can someone elaborate by LineNoiz · · Score: 1

      The Thanksgiving holiday (a United States holiday dedictated to giving thanks for the harvest) occurs every year on the last Thursday in November.

      [nitpick]
      Actually, Thanksgiving is celebrated on the third Thursday after the first Wednesday in November. So, if Nov. 1 is a Wednesday, then Thanksgiving is the second to last Thursday in the month.

      The only time Thanksgiving is celebrated on the last Thursday is when the 1st of November is on Thursday, Friday, or Saturday, like this year.
      [/nitpick]


      After people pointed out that my explanation of Thanksgiving day resulted in tomorrow being Thanksgiving, I realized that I am retarded. I looked it up, and sure enough, it's the fourth Thursday. Disregard this, and anything else I might have said, due to my ignorance.

      I guess thats what I get for believing what I am told...

      --
      "Quotation is a serviceable substitute for wit." --Oscar Wilde
    14. Re:Can someone elaborate by damiangerous · · Score: 4, Informative
      If you're going to nitpick, you might at least want to get it right. Did you even look at a calendar when you wrote that? If Thanksgiving were on the "third Thursday after the first Wednesday" it would fall on the 21st this year. You may have noticed Thanksgiving isn't tomorrow, but rather next week, the 28th.

      In 1941 Congress set the official Thanksgiving holiday as the fourth Thursday in November.

    15. Re:Can someone elaborate by clarkc3 · · Score: 1
      The Thanksgiving holiday (a United States holiday dedictated to giving thanks for the harvest) occurs every year on the last Thursday in November

      Not the last - the 4th. most of the time it is the last but not always - example: 2001 it was on November 21st

  7. The worst part by zaffir · · Score: 2, Interesting

    is that Fat Wallet is complying with the demands.

    --
    "Upon attaching the waterblock to my penis, I began to notice that I know nothing about computers." -- JRockway
    1. Re:The worst part by TheGreenLantern · · Score: 2

      They really don't have much choice. It's either comply, or bankrupt everyone associated with the site piling up legal bills against some of the richest companies in America.

      --

      It hurts when I pee.
    2. Re:The worst part by fobbman · · Score: 2

      Can you afford to fight the lawyers from Wal-Mart, Target, Best Buy, and Staples?

      I didn't think so. Fat Wallet is in touch with the EFF, though. We'll see what happens.

    3. Re:The worst part by Sethb · · Score: 2

      Yes, honestly, defend yourself. Go before a judge, explain what happened, and you might win. You probably won't, of course, but there's a chance you will, especially with something like this.

      Do you really think that those companies would want the negative publicity of filing a lawsuit over something this dumb?

      If I was at Fatwallet, I'd risk it on this one. The line has to be drawn somewhere.

      --
      When in danger or in doubt, run in circles, scream and shout. --Robert A. Heinlein
    4. Re:The worst part by fobbman · · Score: 3, Insightful

      The cost of retaining those attorneys (unless EFF can help) would be huge. It is common practice for a large corporation to have lawyers that will drag the case through the courts for an eternity until the legal fees take their foe out. Trust me, whatever media coverage this gets now would be long gone by the time that happens, and the Corporation would not be hurt at all.

    5. Re:The worst part by Anonymous Coward · · Score: 0

      It is well known that :
      "It is common practice for a large corporation to have lawyers that will drag the case through the courts for an eternity until the legal fees take their foe out."

      And that is just plain WRONG . The fact that the courts don't do something to remedy the situation is a travesty. Forget the citizen, money talks. We should just change the constitution to $1, 1 vote and get it over with.

    6. Re:The worst part by raresilk · · Score: 2
      Actually, if FatWallet is planning to pursue legal remedies (apparently so, given that they've contacted EFF and ChillingEffects), it is better strategy to comply with the cease-desist letter. I won't go into a huge law tutorial here, but suffice it to say that you can't sue or obtain damages for a hypothetical harm. This is called the "standing doctrine." If FatWallet ignored the letter, they would incur no cognizable harm (either to their business/mission or to their interest in free speech.) Thus, a court could easily find that they "lacked standing to sue" Walmart, et al. if the letters turned out to be unlawful in any respect.

      --
      No, no, no. This is not a sig.
    7. Re:The worst part by Anonymous Coward · · Score: 0

      > And that is just plain WRONG . The fact that the courts don't do something to remedy the situation is a travesty.

      It may be wrong, but it's also deadly accurate information, so choose your actions wisely.

  8. Way to go... by Anonymous Coward · · Score: 0

    I would comment, but that would be breaking the DMCA! ;)

  9. Why? by Bish.dk · · Score: 5, Insightful

    Also, why would they want to stop this free advertising?

    Why? Because their prices are not competitive of course. In that case it's not advertisement on such a site.

    1. Re:Why? by Anonymous Coward · · Score: 0

      What are you smoking? It's free advertising because it's displayed. That's like saying adverising isn't advertising because a competitor's flyer in the same Sunday newspaper beat yours. It's a crap argument.

      If they're not competitive, that's their fault. Furthermore, it's not like all these stores are in the same area. For example, we have Walmart and Kmart (Kmart was not listed as a DMCA problem maker) but not Target around here. We Circuit City (not listed) but no Best Buy nearby. I'm not driving 40 minutes to get to the closest Best Buy regardless when I can drive 2 minutes to the Circuit City.

    2. Re:Why? by LineNoiz · · Score: 1

      What are you smoking? It's free advertising because it's displayed. That's like saying adverising isn't advertising because a competitor's flyer in the same Sunday newspaper beat yours. It's a crap argument.

      I dunno, but you must be on that crack pipe again. The question was "Why would they want to stop free advertising?" The answer is "Because the prices are not competitive."

      Nobody said that this is not free advertising except you.

      --
      "Quotation is a serviceable substitute for wit." --Oscar Wilde
    3. Re:Why? by RallyNick · · Score: 2, Insightful

      Also, why would they want to stop this free advertising? It's not about advertising. The danger is much greater: if these price comparison sites gain enough popularity then most customers would have a powerful tool, the market will become close to ideal, and prices will be forced down. Big retailers don't want customers to have power, they want them weak and exploitable. Walking to 5 different stores is too much of a trouble for average Joe, thus he'll buy from the nearest store and prices can be kept monopolistic that way. The only leverage the big retailers have is to ask not to be included in those sites, and then average Joe, not seeing any known names will leave, and go to BestBuy instead.

    4. Re:Why? by gvonk · · Score: 3, Insightful

      I think it's more complicated than that. Billy Joe Consumer who pickes up his Best Buy circular and sees the Free Spindle of CDRs After Rebate thinks "Hmm. That sounds like a good deal. What else do they have at Best Buy?"
      Then, he continues to leaf through. He sees an ad for a DVD he wanted to buy anyway, so he decides to drive down to the BB that afternoon.
      When there, he picks up the spindle, grabs the ($24.95) DVD, and on his way out sees a display of Jabra headsets for his phone and throws one in his cart because he thinks they look neat.
      This way, Best Buy has controlled his environment.
      By the way, Billy Joe forgets to send in his rebate.

      On the other side of town, Nerd Geekenstein is cruising the discount sites for the cheapest CDRs. Once he sees that Best Buy has 200 blanks for $0.00 after a $49.99 rebate, he hops onto his moped, scoots over there, grabs them, puts them on his MBNA Mastercard with a $500 limit, scoots home, and promptly fills out the rebate form and sends it in before jumping back on the discount sites to find some cheap RAM near him.

      It's an attitude. Different kinds of shoppers consume the advertising that stores put out in different ways. The stores like to control that. The store made $0 off of Nerdboy and made $52 off of Billy Joe.

      --


      El Karma: excelente(principalmente la suma de moderación hecha a los comentarios de los usuarios)
    5. Re:Why? by dWhisper · · Score: 1

      Actually, I doubt it's the advertising they want to stop, but instead the information of what will be on sale. People plan for this day in advance, and they vollume ship a lot of the merchandise that they will be selling. A lot of deals will only be one place, and most things on sale will be well below cost (in hopes that someone will buy something else). Target would issue something like that because they didn't want Wal-Mart and Best Buy to know what they would have on special that day

  10. Black Friday by flogger · · Score: 5, Informative

    For those that don't know...

    "For those who aren't thoroughly familiar with the "Black Friday" phenomenon (the name of the Friday after Thanksgiving, so called because many retailers operate in the red until the holiday shopping season, which starts that Friday, kicks them into the black)"

    This was of course stolen from some random search on google.

    --
    ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
    "First things first -- but not necessarily in that order"
    -- The Doctor, "Doctor
    1. Re:Black Friday by jmu1 · · Score: 2
      Good Mourning, Black Friday!

      Break down the wall!

      No kidding, it's really like that out there on "Post-Thanksgiving shopping hell" day

    2. Re:Black Friday by Student_Tech · · Score: 1

      I think it is kinda ironic they call it "black friday" when Oct 25, 1929, the day the stock market crashed, is also called "black friday."

    3. Re:Black Friday by Anonymous Coward · · Score: 0

      To sum up its when all the women you know basically go Ape Shit.

    4. Re:Black Friday by Anonymous Coward · · Score: 0

      > To sum up its when all the women you know basically go Ape Shit.

      Your mom and your sister ?

    5. Re:Black Friday by revery · · Score: 4, Funny

      This was of course stolen from some random search on google.

      He got pretty lucky then. This is all I get when I do random searches on google.

      Your search - SH0qX+q9sQ78KPkA - did not match any documents.
      No pages were found containing "sh0qx".

      Your search - VF#8=KaYJBJTQ6fijfdC4MF+cpXAQe3nj2jk+0#K - did not match any documents.
      No pages were found containing "kayjbjtq6fijfdc4mf".

    6. Re:Black Friday by eht · · Score: 1

      except it isn't true, black friday may be the day most people are out, but most people don't buy anything that day anymore, i worked in a warehouse for a music/weird crap chain last year, black friday is calm compared to the two weeks before xmas

  11. Volatile the DCMA by abulafia · · Score: 4, Funny

    Sorry , I would show you but that would volatile the DMCA....

    Hey, I'm all for it!

    --
    I forget what 8 was for.
  12. It's all about Control by X!0mbarg · · Score: 1

    They don't want to give anybody ELSE control of prices, distribution, or even discounts.

    Talk about Control Freaks!

    So many Freaks, so few "sharzeez"...

    1. Re:It's all about Control by Anonymous Coward · · Score: 0

      But prices, discounts, and their distribution are not or should not be up for copyright protection. Copyright protection needs a minimum of some creative work.

      I forget the case, but I thought this was established....it involved 2 phone companies putting out competing directories. 1 lifted info from the other, or was allged to have. The court pretty much said that the numbers, names, themselves were not copyrightable, only the layout and presentation was, and that only if there was some creative activity involved. Note the line there--the case law seems to point out that work alone in culling information does not constitute a minimum for a creative work, and hence is not protected under copyright.

  13. Black what? by Greedo · · Score: 4, Informative

    For all the non-US folks here (or at least those of them who are ignorant of this fact), Black Friday is the shopping day after the American Thanksgiving holiday. Biggest shopping day of the year for retailers.

    --
    Tuus crepidae innexilis sunt.
    1. Re:Black what? by DCheesi · · Score: 1

      I'm from the US but I still had no idea what this meant. Of course, I don't work in retail, but to me black friday sounds like one of those stock market crashes or something.

    2. Re:Black what? by giverson · · Score: 2, Informative

      Biggest shopping day of the year for retailers.

      Nope. At best it's the fifth biggest shopping day of the year. The two weekends before Christmas are the biggest.

      More information is here.

      --

      Capitalism does not lead to corruption, lack of character does.
    3. Re:Black what? by dietz · · Score: 3, Informative

      Black Friday is the shopping day after the American Thanksgiving holiday. Biggest shopping day of the year for retailers.

      That's actually a common misconception. It's the "official" start of the Christmas shopping season, but the busiest days of the year are almost always the weekend before Christmas.

    4. Re:Black what? by abischof · · Score: 2

      Here's a more specific link (the previous post just points to the main page).

      --

      Alex Bischoff
      HTML/CSS coder for hire

    5. Re:Black what? by diesel_jackass · · Score: 2

      Apparently snopes.com hasn't seen the people getting in line for WalMart as early as 3am the morning before.

    6. Re:Black what? by yack0 · · Score: 2

      summary -

      It *IS* the biggest day for people 'shopping' (aka foot traffic).

      It *is not* the biggest day in 'sales'.

      From Webster's Revised Unabridged Dictionary (1913) [web1913]:

      Shop \Shop\, v. i. [imp. & p. p. {Shopped}; p. pr. & vb. n.{Shopping}.] To visit shops for the purpose of purchasing goods.

      But WordNet is a little more modern in the sense here:

      From WordNet (r) 1.7 [wn]:

      shop ...
      3: shop around; not necessarily buying; "I don't need help, I'm just browsing" [syn: {browse}]

      HTH

      --
      -- There is no sig line, only Zuul.
    7. Re:Black what? by Anonymous Coward · · Score: 0

      Heck, my first reaction was that satelite cards were gonna take a crap again (re: Black Sunday)!

    8. Re:Black what? by halo8 · · Score: 1

      Thanx...

      us Canadians have our Thanx Giving a month early

      i had NO CLUE as to what this was

      --
      The More Knowledge you have the Luckier you Get- J.R. Ewing
    9. Re:Black what? by Anonymous Coward · · Score: 0

      wow.. you're right, you have no clue...

    10. Re:Black what? by Anonymous Coward · · Score: 0

      Shouldn't that be "Afro-American Friday?"

  14. First line says it all... by eples · · Score: 4, Interesting
    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.

    But then again, you have to realize that the first newspapers in this country were nothing more than prices of goods and services each day - they were called "price currents".

    With that in mind, it's clearly not copyrightable.

    --
    I'm a 2000 man.
    1. Re:First line says it all... by Anonymous Coward · · Score: 0

      What about professional sports? The score of the game is a fact, but you can't report the score without permission from the league.

    2. Re:First line says it all... by Anonymous Coward · · Score: 0

      you can't? thats bs.

      footage & etc is another issue.

    3. Re:First line says it all... by LostCluster · · Score: 5, Informative

      Published facts cannot be copyrighted. That's correct.

      The problem is, these sales have not yet been published. There are no ads touting these sales yet, that won't happen until next week.

      These sites are getting this infomation from people who are preparing the ads that haven't yet been released, all of whom are under non-disclosure agreements to not tell what's in the ads that they're working on.

      If these sites post the same infomation once the ads ads published, they're in the clear. But again, these ads are at this moment trade secrets.

    4. Re:First line says it all... by Anonymous Coward · · Score: 0


      Are you saying newspapers are not copyrightable?

    5. Re:First line says it all... by NeoYoda · · Score: 1

      That may be true, but then the first people they should be going after are the people who violated the non-disclosure agreement. And even above that, they should realize that there are no secrets anymore and give the whole damn thing a rest. That applies to most of the DMCA disasters. Think of how many people never even heard of DeCSS before the lawsuit. It only serves to spread the information they are trying to protect.

    6. Re:First line says it all... by Theatetus · · Score: 2

      No.

      The actual text of a news piece is the result of creative effort, so it's copyrightable. The facts it reports are not.

      For example, I can read on AP that the US Senate just voted 55-44 to approve Dennis Shedd for the 4th US Circuit Court of Appeals, and tell that to anyone I want to.

      The actual text of the AP report, though, is the product of a staff writer's creative work so I can't simply quote it for any purpose I feel like quoting it for.

      --
      All's true that is mistrusted
    7. Re:First line says it all... by Saurentine · · Score: 1
      If these sites post the same infomation once the ads ads published, they're in the clear. But again, these ads are at this moment trade secrets.



      The ads have been made public. The ads are no longer trade secrets once they've been made public. That's why they make people sign non-disclosure agreements; because they're only secret until someone discloses them!



      Threats under non-disclosure agreements were the only way to keep the secrets. The DMCA shouldn't be a valid, legal method to protect trade secrets, but I suspect in action it will be until it is overturned.

    8. Re:First line says it all... by LostCluster · · Score: 2

      first people they should be going after are the people who violated the non-disclosure agreement

      But they can't chase somebody they can't identify. That's why the demand to these sites is either to remove the offending post or tell them everything known about the person who sent the offending post which is the way you backsolve to find out who did the leake.

    9. Re:First line says it all... by 5KVGhost · · Score: 2

      These sites are getting this infomation from people who are preparing the ads that haven't yet been released, all of whom are under non-disclosure agreements to not tell what's in the ads that they're working on.

      If the people working on the ads have signed an NDA then they probably violated it by disclosing the information, and they should be disciplined.

      The web sites being harassed, however, never signed anything.

    10. Re:First line says it all... by geekoid · · Score: 3, Insightful

      Then shouldn't they go after the people that leak the knowledge, not the sites that report it?

      Imagine if the tried this against a major news outlet, they would be laughed at to there face.
      "Whats that, your going to try and shut us down for running a story you don't like and not revealling our sorces? hahahaha...Get out."

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    11. Re:First line says it all... by LostCluster · · Score: 2

      Nope, but they do have information that either identifies the leaker, or starts the investigation that takes them down the path to the leaker's identity.

      The DCMA demand letter asks them semi-nicely, but if they ignore the letter a court will ask them no-so-nicely to do the exact same thing. So why waste the lawyer's fees on a losing case?

    12. Re:First line says it all... by John+Hasler · · Score: 2

      > Published facts cannot be copyrighted.

      Facts cannot be copyrighted, full stop. Therefor there is no copyright issue, and the DMCA does not apply.

      > These sites are getting this infomation from
      > people who are preparing the ads that haven't
      > yet been released, all of whom are under
      > non-disclosure agreements to not tell what's in
      > the ads that they're working on.

      The sites, however, are under no agreements at all.

      > If these sites post the same infomation once the
      > ads ads published, they're in the clear. But
      > again, these ads are at this moment trade
      > secrets.

      Tough shit. It's up to the companies to keep their secrets secret. Keeping their secrets away from people who might publish them is their problem. Once it gets out it isn't a secret any more.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    13. Re:First line says it all... by mindstrm · · Score: 1

      A major news outlet would have checked to make sure the information was both authentic, and not trade-secret, before they published it, lest they get the living shit sued out of them. A major news organisation is held to a higher standard when it comes to publishing than joe average on the internet.

    14. Re:First line says it all... by Anonymous Coward · · Score: 0

      > Facts cannot be copyrighted, full stop. Therefor there is no copyright issue, and the DMCA does not apply.

      If the pricelist hasn't been released, it's not really the price.

      It's an internal memo, and while I agree that it would be better to call it a trade secret, it's not that big a stretch to call an internal memo a copyrightable document.

      Of course, that has implications for all sorts of investigative journallism.

    15. Re:First line says it all... by 5KVGhost · · Score: 2

      OK, but it doesn't seem like the retailers sending the letters are primarily interested gathering information about the leaker's identity. They apparently just want the information removed, and that's where I'm confused. Are NDA's "contagious"? If a guy on the street stops me and whispers "Next Friday, DVD player at Walmart for 69.94! Pass it on!" can Walmart prevent me from telling someone else?

    16. Re:First line says it all... by eples · · Score: 2

      These sites are getting this infomation from people who are preparing the ads that haven't yet been released, all of whom are under non-disclosure agreements to not tell what's in the ads that they're working on. If these sites post the same infomation once the ads ads published, they're in the clear. But again, these ads are at this moment trade secrets.

      Okay - yes I can see how they can be considered trade secrets - that's a good point. But if you're protecting information via Trade Secret law then you cannot also claim it is protected by the DMCA. While I agree that you could consider the information a Trade Secret (indeed that is probably very accurate) I still do not think it can in any way be protected under the DMCA, let alone "conventional" copyright law.

      I think we may see a lot more of this in the future, companies just figuring anything that needs to be protected electronically will fall under the DMCA. Happens a lot when statutes get ammended, right? There's a learning curve and envelope pushing, and 20 years later there's still no clear consensus on how to enforce the law. Welcome to America!

      --
      I'm a 2000 man.
    17. Re:First line says it all... by Anonymous Coward · · Score: 0

      Which is eactly what the companies are trying to do by invoking the DMCA portion about taking down the information - keep it secret.

      You guys who are so up in arms over this mess would probably be a bit more on the retailer's side of things if you replace "Target" with Joe Smith, and "trade secrets/pricing information" with credit card numbers.

      Maybe all information should be free and not confidential - maybe insurance companies should have access to your DNA so they can deny you coverage because you have the gene for cancer. Maybe your neighbors should be able to look online and see that you bought your girlfriend some lingerie online.

      Bottom line is all you bitchers want something for nothing, no matter what the cost is to someone else, as long as you get yours. Screw everyone else. And that's what's wrong with this world. There's no courtesy in this society, everyone is more important than anyone else, it's all about me me me me me.

      Yeah, don't care about Joe Smith who works at Blanketyblank Retail Chain making $9.50 an hour to support his wife and child. He should have more sense than to work for a store who treats its employees like shit, nevermind the fact that Blanketyblank Retail Chain may be the only viable employment in an economically depressed area of the country.

      Why don't you step out of your bubble and think of someone else other than yourself, all of you.

  15. loss-leaders by dirvish · · Score: 4, Interesting

    Are they doing this to prevent massive sales of loss-leaders? Is that what FatWallet does...find all the loss-leaders?

    1. Re:loss-leaders by GigsVT · · Score: 3, Insightful

      So what? Loss leaders need to be sold to be effective... That's the whole point, you advertise your loss leaders like crazy, then push people to buy more profitable items once they are in your store/on your site.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    2. Re:loss-leaders by weeeee · · Score: 3, Interesting

      I don't think their intention is really to prevent loss-leaders. The loss-leaders are going to be sold regardless of if FatWallet members know or not. I think they are trying to prevent what many FatWalleter's (including myself) did last year. Last year, BestBuy ads were leaked ahead of time. Many went out and bought the items listed on the pages and came back on the day of the sale and price-matched to get the money back. That way they avoided standing on a long line early in the morning but the problem is, it depleted the stock of the sale items and people who were standing on the line weren't all too happy.

    3. Re:loss-leaders by LostCluster · · Score: 2

      The object of the game on Black Friday is to get people to go to your store first, and then keep the shoppers in the store for as long as possible. The more of the shopper's time they can capture that morning, the more likely they're going to catch that shopper's dollars as they start marking off relatives one-by-one from their list. The theory is, it's the first good gift for Uncle Tom that you see that you're going to buy, the second good gift for Uncle Tom that you see you'll pass on because you already got him something.

    4. Re:loss-leaders by Anonymous Coward · · Score: 0
      They aren't even loss-leaders. Look at the prices and you'll see that you have to shell out the standard amount of money to get the product then wait 8 weeks or so to get some money back from the rebate center. At least that's how the Best Buy sale will work. Every single net price is achieved with rebates. They should be falling all over themselves to get the word out.



      Nobody's going to be able to set up a new MIR promotion in the next 10 days. Any retail store trying to match those net MIR prices will lose money. It's win-win for Best Buy.

    5. Re:loss-leaders by flagstone · · Score: 1

      Many went out and bought the items listed on the pages and came back on the day of the sale and price-matched to get the money back. That way they avoided standing on a long line early in the morning but the problem is, it depleted the stock of the sale items and people who were standing on the line weren't all too happy.


      Then the correct response is not "trample first amendment rights of citizens"; it is to say "price-match policy is suspended for these special deals".
      --
      These people have looked deep within my soul and assigned me a number based on the order in which I joined.
  16. Pure speculation on my part by jockm · · Score: 4, Insightful
    The issue here may be if the prices were general knowlege or not. If they were leaked prior to publication, then that might fall under the relm of copyright violation.

    If the prices were published, then I have trouble seeing how it could constitute a violation

    --

    What do you know I wrote a novel
    1. Re:Pure speculation on my part by KjetilK · · Score: 3, Insightful

      IANAL, but I think in my jurisdiction, if they were not published, then it would not be copyright violation, but trade secret law that comes into play, or something like that. Copyright is for something that is published.

      --
      Employee of Inrupt, Project Release Manager and Community Manager for Solid
    2. Re:Pure speculation on my part by Anonymous Coward · · Score: 1, Interesting

      Yes, but wouldn't the freedom of press take precedent, it's clearly not a National Security issue (though the bloated egos in Corporate HQ would like to inflate their own importance).

      I don't see what this has to do with the DMCA, prices can't be copyrighted, nor is it circumventing anything. It's the companies' fault that they can't keep this information private.

      It's just sad to see these laws keep on chipping away at our original bill of rights consistently (though they don't follow the proper precedure to amend the constitution), so only those with the $$$$$$$$$ can protect their own freedom in this country.

    3. Re:Pure speculation on my part by Anonymous Coward · · Score: 0

      The companies do have the right to stop fatwallet, but not via DMCA. Prices can NOT be copyrighted, so DMCA is irrellevant. BUT, if they have not been made public by the company, then they are trade secrets, which are protected. They can go after the employees who leaked them as well as fatwallet for complicity (once they have been informed of the secret nature of the information).

      My guess is that people drop their water as soon as companies start waving DMCA at them, so these gutless pricks used it instead of the trade secret regs. Part of this is that (I believe) the penalties under DMCA are more harsh than trade secrets --> induces pants-peeing and compliance more quickly.

    4. Re:Pure speculation on my part by homer_ca · · Score: 2

      Unpublished works are also protected by copyright for the same terms as published works (see Note 3 here. That was amended in the 1976 Copyright Act. However, copyright only protects the exact text or expression of the work. If they had a scanned copy of the ad that would be a violation, but just showing the products and prices is not copyright infringement.

    5. Re:Pure speculation on my part by rolfwind · · Score: 1

      Any lawyers in the house? I don't know, how do the courts treat trade secret laws in regards to freedom of press, I thought the guilty party will only be the informant, no one else. I read this article, http://www.infoworld.com/articles/op/xml/02/03/25/ 020325opfoster.xml And while it clears some things up, I get the impression, the people/press can print what it wants, as long as national security, slander, etc isn't involved. And they usually have to quote the source, then only the informant can have any legal responsibility in these cases.

    6. Re:Pure speculation on my part by laigle · · Score: 1

      Well this is a press site as far as legalities go. The press publishes information before it gets released all the time. Now if they published images of the flyers, THAT might be infringement. But to take information from those flyers, and release it to the public as a service in a press venue is no different than the press talking about the accusations against Fox News in the new Woodward book.

    7. Re:Pure speculation on my part by John+Hasler · · Score: 3, Informative

      > ...if they were not published, then it would not
      > be copyright violation,...

      In the US copyright is for any creative work, published or not. However, prices are facts, not creative works.

      > ...but trade secret law that comes into play,

      Whether or not trade secret laws were violated depends on how and where the sites acquired the prices.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    8. Re:Pure speculation on my part by beowulfcluster · · Score: 0

      If copyright is for something that IS published, is it ok (from a copyright law point of view) to put/get Eminems album on/from Kazaa before it's released. I have a sneeky suspicion it is not!

  17. Could lead to lost sales... by gorillasoft · · Score: 5, Insightful

    Whenever I check out the price comparison sites, I won't bother looking into a vendor that isn't listed or won't let itself be listed. Most people have a general idea of how much the item they are looking for will cost anyway. Based on that, you can usually find a great price from multiple people, so why bother looking up the prices of the few who won't be listed? It seems that they may lose sales from people like me who won't spend the extra time it would take to look them up individually.

    As for how the DMCA relates to this, it's obviously just a way for the companies to make an excuse for delisting their prices. They think that not having the prices public will help them stay out of price wars or other competitive practices, but it's not like this would stop secret shoppers or anything.

    1. Re:Could lead to lost sales... by DunbarTheInept · · Score: 2

      They think that not having the prices public will help them stay out of price wars or other competitive practices, but it's not like this would stop secret shoppers or anything.

      I think it's more likely that they are worried about consumers knowing how the prices are about to change. Would you buy a product today if you knew it was going to be 15% cheaper a week from today as part of some promotional deal? They don't want consumers to be able to plan ahead to catch when the deals are on, because if they can do that then nobody will ever need to purchase anything at full price.

      If you don't KNOW whether or not the item will be on sale next week, you'll be more likely to buy it right now.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    2. Re:Could lead to lost sales... by gorillasoft · · Score: 2

      I think it's more likely that they are worried about consumers knowing how the prices are about to change.

      It's a combination of things, obviously, of which competition, price fixing, price wars, and consumers' timing of purchases are some of the factors. Price wars can be extraordinarily damaging, as anyone who has followed the airlines historically knows. Also, competitive advantages are so short in the markets of today that even a temporary unmatched price advantage could be a huge boon to a particular retailer.

  18. which? by faded1 · · Score: 3, Insightful

    I am sorry but with all of this recent new found blind patriotism in this country it makes it really difficult for me to understand how exactly we have "freedom" anymore... which countries do not recognize the DMCA again? Anyone want to sponsor a refugee seeking political asylum?

    --

    "Never argue with an idiot, they'll just bring you down to their level and beat you with experience!" --Unknown
    1. Re:which? by micro_SUXX · · Score: 1

      I agree - another refugee here seeking asylum! I guess my response to Corporate America is - f**k your products, I don't need them. If you're going to make consumerism painful I'd rather NOT participate. I'm taking my "Fat Wallet" and going elsewhere. T

    2. Re:which? by KjetilK · · Score: 2
      Well, I don't know, looking from outside, I can't really see much freedom anymore either, especially with this Total Information Awareness stuff.

      I think my country (Norway) is pretty free, but we're having a struggle here too.

      Actually, if I were to break up and go somewhere else, I would go to a place I could really make a difference. Like Peru.

      Everybody knows about the really clued congressman down there. Then, I visited Peru this summer, climbing mostly (made it to about 20000 feet), and it is a really beautiful place, and the Cusco region has the best food I've ever tasted. There are lots of things to do if you're into extreme sports, really good rafting, climbing, mountain biking etc. You would not get bored... It is a rather noisy society though, and from looking at the traffic, it seems the big guys get to go first.

      Really, I'd contact the congressman's office and see if it is possible to found a high-tech center somewhere around Cusco (actually, I saw a signpost by the road as we travelled from Cusco, I may have been to this small town where he's from, and that is close to Cusco). Perhaps find a few highly educated geeks who are sick and tired of the politics in their own countries, move down there together, get good contacts with local universities. It's probably going to be a struggle, but at least you could make a real difference.

      --
      Employee of Inrupt, Project Release Manager and Community Manager for Solid
    3. Re:which? by faded1 · · Score: 1

      Thank you... I was looking at South America actually and was going to check out Brazil, but I don't speak Portuguese. I will look a little closer at both places and possibly learn the language, hopefully I will not be too late.

      --

      "Never argue with an idiot, they'll just bring you down to their level and beat you with experience!" --Unknown
    4. Re:which? by b1t+r0t · · Score: 2
      Really, I'd contact the congressman's office and see if it is possible to found a high-tech center somewhere around Cusco

      And you could call it Cusco Systems!

      --

      --
      "Open source is good." - Steve Jobs
      "Open source is evil." - Microsoft
    5. Re:which? by KjetilK · · Score: 2
      You're welcome! Me... well, I'm not going back to Brazil with the treatment we had on Sao Paulo's airport on the way back from Peru. Basically, you're not allowed to leave the airport unless you're there for more than 24 hours. So, they kept us in the corner of the airport by a couple of gates for 8 hours. I had an Internet friend who had translated some of my pages to Portuguese waiting for me outside, and I was not even allowed to pass a message to him to tell him I was not coming... :-(

      The world is a big place, and it is hard enough to visit all countries in a lifetime. So, I'm not going back to those that confront me with outright hostility. But I'll definately go back to Peru. :-)

      --
      Employee of Inrupt, Project Release Manager and Community Manager for Solid
    6. Re:which? by faded1 · · Score: 1

      I tried looking for employment there (Peru) and came up with almost nothing, but thanks for the tip about Brazil.

      --

      "Never argue with an idiot, they'll just bring you down to their level and beat you with experience!" --Unknown
  19. i'd like to copyright the price of my stock. by Undecipherable · · Score: 1

    where's the SEC in all this?

    i'd like to copyright the price of my stock.

    1. Re:i'd like to copyright the price of my stock. by Anonymous Coward · · Score: 0

      Well, if you know what the price of your stock will be *tomorrow*, and you publish that info somewhere, I definitely think you will be in deep doodoo with either your employer or the SEC. Dunno if that falls under the DMCA.

    2. Re:i'd like to copyright the price of my stock. by Anonymous Coward · · Score: 0

      If you know what the price of your stock will be *tomorrow*

      If you know that, then can you tell me tomorrow's Lotto numbers today?

      No one I don't think can really know what the stock price is going to be, except what tomorrows opening price will be based on todays closing price because of the way the stock market is, I think.

  20. Fair use by mmarlett · · Score: 5, Informative

    It's called "fair use" and journalists use it all the time. If you say something in public, I can quote you as saying it. You can quote me. If you have a corporate name, I can use it in my publication to identify you. If you have a logo, the same. If you say the sky is red and someone else says it's yellow and a third says it's blue, I can quote and identify them all. These companies, of course, aren't interested in "fair use." They are interested in making it as hard as possible for consumers to compair prices. Too bad they don't have a leg to stand on.

    1. Re:Fair use by Jhon · · Score: 4, Insightful
      Too bad they don't have a leg to stand on.
      Maybe they don't have a "legal" leg to stand on, but I tell you, that "bionic corporate money" leg seems to be working nicely.

      Follow the link in the article. Fat Wallet says they are going to pull the price listings as demanded because they can't afford a legal battle.

      "Rights", "fair use" or whatever don't really mean anything if wont be exercised out of fear of a costly legal battle.

      -jhon
    2. Re:Fair use by MImeKillEr · · Score: 1

      Wasn't the DMCA written to stop Fair Use anyway? I mean, it attempts to revoke my write to legally make backups of my legally purchased CDs and video games, doesn't it?

      We need to stand up against this corporate-sponsored BS.

      --
      Cruising the internet on my TI-99/4A @ a whopping 300 baud!
    3. Re:Fair use by LostCluster · · Score: 2

      If somebody breaks into your house, finds your bank statement, and the publishes your account number and balance... is that fair use?

      That's the problem here... this is stolen infomation that shouldn't be published yet.

  21. fatwallet.com deals by asv108 · · Score: 1, Troll

    I love the "deals of the day section" where they advertise a 256 meg stick of PC 2100 for $99! What a deal! Pricewatch has them for under 60 shipped. Gratned that's generic, kingston is available for $67, but this company should be sued for offering crappy deals, not DMCA violations.

    1. Re:fatwallet.com deals by Yert · · Score: 1

      I'll bite.

      Fat Wallet isn't comparing the prices of e-tailers - that's why Pricewatch and Price Grabber are there. Fat Wallet is for comparing brink-and-mortar retailer prices. ie, Wal-Mart, Staples, Best Buy, and Target.

      The main problem is that technically (and lawyers love technicalities) the price flyers are copyrighted. The prices aren't. But since it's printed, and FW is reproducing something in print, without the copyright owner's permission, it's a violation of the DMCA.

      Is the claim valid? Yes.
      Is the DMCA being used in a "new" way? No.

      Is it still way too ambiguous and far reaching? Hell yes. The DMCA needs a serious rewrite, if not just to be stricken from the books entirely.

      --
      Truck driver, plumber, Linux systems engineer.
    2. Re:fatwallet.com deals by Anonymous Coward · · Score: 0

      I don't have an account so this will be anonymous.

      If you are just looking at the prices on the front page (which sucks) then you are missing Fatwallet's primary use. The real gem is the 'Hot Deals' forum (http://www.fatwallet.com/forums/categories.cfm?ca tid=18). When someone finds a good deal on an item from a b&m or online store they start a new post and the details on how to get that deal goes in there. Some deals are simply regular sales, some are combinations of coupons and/or rebates, and some are simply price mistakes. Fatwallet originally started during the dotcom boom when e-tailers were essentially giving stuff away (if you knew where and when to look).

      Some of my favorite deals were the $150 gift certificate to amazon.com for signing up for AT&T long distance (and canceling 2 weeks later). Three free handspring pda's from compusa, which is outdated now but was modern at the time. I also picked up a top of the line HP color inkjet for free.

      Fatwallet also has a finance message board which I find pretty useful, along with a retailer rating system (to find out just how shady or great that company on pricewatch is), a search function tied in with pricegrabber's system for a quick automated price comparison, and a coupon code database. And lastly, many people simple enjoy the community.

  22. Hip, Hip, Hooray! by Rayonic · · Score: 5, Interesting

    Three cheers for the retailers involved in this legal action. This is exactly the kind of absurd example we need to get that crappy old DMCA repealed once and for all.

    Seriously, anyone else as jazzed about this as I am?

    1. Re:Hip, Hip, Hooray! by Anonymous Coward · · Score: 0

      >This is exactly the kind of absurd example we >need to get that crappy old DMCA repealed once >and for all.

      How many times has this been said already? Yet still we see the DMCA in effect. How many more 'examples' of its stupidity do we need? It will take more than absurd examples to end the DMCA, it will take legislative action - something which no one seems willing to do.

    2. Re:Hip, Hip, Hooray! by dpilot · · Score: 3, Interesting

      It's got to get a lot worse.

      Compare the DMCA to Prohibition.

      Maybe we should study Prohibition and its repeal to learn more about how to proceed on the DMCA.

      --
      The living have better things to do than to continue hating the dead.
    3. Re:Hip, Hip, Hooray! by mizhi · · Score: 2

      Yep, I'm not buying stuff from those retailers again. Just think, if enough people do this, and hurt revenues, then corporations will recognize the stupidity of the DMCA and pressure congress to nullify it.

      --
      Humorless sig goes here.
    4. Re:Hip, Hip, Hooray! by Anonymous Coward · · Score: 0

      >>Seriously, anyone else as jazzed about this as I am?

      Is that 'jazzed' or 'jizzed'? Woody isn't just your debian distribution, is it?

      Clean your shorts Marvin.

    5. Re:Hip, Hip, Hooray! by Weaselmancer · · Score: 1

      Seriously, anyone else as jazzed about this as I am?

      I am Rayonic! It was my first thought reading the article.

      Yeah, some people say that it's kind of like crying wolf. "Look - another example of how piss-poor the DCMA is. This will surely get it overthrown." Because nothing ever happens after that.

      Well, individually each one of these isn't a big deal. But added up to a body of examples, they are. It's like how if there's a crash at an intersection nothing gets done, but if there's one every month or so they put up a traffic light.

      This is another DCMA fender-bender. Keep racking them up, corporate America! We're keeping count!

      Weaselmancer

      --
      Weaselmancer
      rediculous.
    6. Re:Hip, Hip, Hooray! by gorillasoft · · Score: 2

      Yep, I'm not buying stuff from those retailers again. Just think, if enough people do this, and hurt revenues, then corporations will recognize the stupidity of the DMCA and pressure congress to nullify it.

      You need to tell them why you aren't buying from them anymore or they won't know why their sales are down... so be sure to send them some correspondance which indicates your reasons for buying from other places.

    7. Re:Hip, Hip, Hooray! by Gonarat · · Score: 1

      It may end up going that way. During Prohibition drinking was done at a Speakeasy, where one knocked at the door and said a passphrase such as "Cmdr Taco sent me" to get in. Many Speakeasies were rigged so that the liquor could be hidden/dumped if a raid occurred. Booze was homemade or smuggled in from Canada.


      If the DMCA keeps going the way it is, we will see more secret FTP sites and the offshore "smuggling" of "forbidden" data from outside the U.S.


      Where there's a will, there's a way..."


      --
      Beware of Sleestak
    8. Re:Hip, Hip, Hooray! by Dimensio · · Score: 3, Insightful

      No they won't. They'll blame the lost revenue on something else, perhaps something that would require even more strict copyright controls, such as an automatic gag-order when the DMCA is brought up so that places like fatwallet.com cannot even inform users when a legal threat is received.

      Corporate CEOs are typically corrupt. Congress is demonstratably stupid. Never assume that they will work to the benefit of the 'little guy'.

    9. Re:Hip, Hip, Hooray! by mizhi · · Score: 2

      Yeah, I know. That post was supposed to have little tags around it indicating "pipedream" but the < and > got swallowed when I posted. :-(

      --
      Humorless sig goes here.
    10. Re:Hip, Hip, Hooray! by AWhistler · · Score: 1

      Wait a second. Without prohibition we wouldn't have had rednecks running moonshine. And without them, we wouldn't have had races between them to see who had the fastest car. And without that we wouldn't have NASCAR! Wait. That means that because of the DMCA there will be a new sport in a few years that only geeks can participate in. That might be good. Um...somehow I don't think that's what you meant about comparing the DMCA to prohibition.

    11. Re:Hip, Hip, Hooray! by dpilot · · Score: 1

      No, but it sounds good to me.

      So what's the new geek sport?

      --
      The living have better things to do than to continue hating the dead.
  23. How is this possible by why-is-it · · Score: 2

    I must be missing something here - how can prices be copyrighted? If BestBuy can claim a copyright to the price $199.99, and some other business advertises some other item for sale at the same price, that the BestBuy copyright has been violated?

    By re-printing information that is freely available to anyone who walks into a Wal-Mart, these folks are committing some sort of offense?

    Prices charged to the public at large are not trade secrets, nor are they be covered by copyright.

    This is absurd.

    --
    *** Where are we going? And what's with this handbasket?
    1. Re:How is this possible by DunbarTheInept · · Score: 2

      The prices that were leaked were *future* prices not yet in effect - so No, you couldn't find out about them by just walking into the store and looking.
      What the companies suing are concerned about is consumers finding out what the deals will be before the companies wanted them to. If you know the new computer you wanted will be 15% cheaper in a couple of weeks, you'll probably delay your purchase until then.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    2. Re:How is this possible by why-is-it · · Score: 2

      The prices that were leaked were *future* prices not yet in effect - so No, you couldn't find out about them by just walking into the store and looking. What the companies suing are concerned about is consumers finding out what the deals will be before the companies wanted them to. If you know the new computer you wanted will be 15% cheaper in a couple of weeks, you'll probably delay your purchase until then.

      Fair enough - but why use the DMCA? If their confidential information was leaked and published, surely there are other measures available. I very much doubt that prior to the enactment of the DMCA, Wal-Mart would have done nothing if this is such a big deal to them.

      Perhaps, as others have already stated in this dicussion, this is yet more evidence that the DMCA can be applied in ways that go far beyond the intended mandate of the law.

      --
      *** Where are we going? And what's with this handbasket?
    3. Re:How is this possible by LostCluster · · Score: 2

      The problem is that this infomation isn't available right now by walking into the store in question, visiting its website, or calling and asking. This is infomation about a future sale price that has not yet been offered to the public.

      The only people who should have this infomation are the employees of the store, and in fact only the management, the sales drones don't need to know this info so even they haven't yet been told. All of those in-the-know employees know that this is secret infomation, and they're not supposed to leak it.

      But guess what, somebody didn't listen and leaked it anyway. So, all the DMCA is allowing the store to do is to contain the leak by requring sites that have the illegal-to-have infomation to remove it.

      Once this infomation becomes released to the public, the sites can post it all they want. But they have to wait for the sale to be revealed to the public first.

    4. Re:How is this possible by raresilk · · Score: 2
      Well, if that's actually true, then there may be (emphasis on the "may") a trade secret violation. But prices still are not copyrightable, period. Secret or not-secret, they're facts.

      Speaking of legal violations, I have to wonder about the antitrust implications of the various megastores all lowering their prices in lockstep, and below cost, since they're all acting through the same lawyer and seem to know each other's price movements. Again, I've done no specific legal research on this case, and know only the facts that were posted here, but things like "Robinson-Patman," "predatory pricing," and "oligopoly" come to mind. :-)

      --
      No, no, no. This is not a sig.
    5. Re:How is this possible by why-is-it · · Score: 2

      The problem is that this infomation isn't available right now by walking into the store in question, visiting its website, or calling and asking. This is infomation about a future sale price that has not yet been offered to the public.

      I understand that part. I do not understand how copyright law enters into this equation though. Unless of course it happens to be the best (!) tool to achieve the desired ends of Wal-Mart, BestBuy et.al.

      --
      *** Where are we going? And what's with this handbasket?
    6. Re:How is this possible by John+Hasler · · Score: 2

      > I understand that part. I do not understand how
      > copyright law enters into this equation though.

      It doesn't, and we don't even know that the letters FatWallet received mentioned copyright or the DMCA.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    7. Re:How is this possible by DunbarTheInept · · Score: 2

      But prices still are not copyrightable, period. Secret or not-secret, they're facts.

      Yes, but things like "E-books are encrypted using the following technique...blah blah blah" are also facts. At least in the English language they are - I realize that lawyers often redefine English terms to be much more narrow in scope, and this might be such a case. But if the meaning of "fact" you were looking for was the general English one, then every secret copyrighted document is just a written down bunch of facts, and the distinction isn't very obvious to me.
      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

  24. Black Friday...Start of Christmas Shopping by FirstNoel · · Score: 3, Informative

    Black Friday is the Friday after Thanksgiving in the U.S. It's seen as the beginning of the Christmas Shopping season. The retailers see it as their best retail day of the year.

    I tend to stay away from Malls and shooping centers on that day. Those places are like zoos.

    Sean D.

    --
    "Hmm. I am to metaphor cheese as metaphor cheese is to transitive verb crackers!"
    1. Re:Black Friday...Start of Christmas Shopping by Anonymous Coward · · Score: 0

      I tend to stay away from Malls and shooping centers on that day. Those places are like zoos.

      Amen brother. It's a good day to NOT go shopping if you ask me (whether you're boycotting something or not).

  25. FatWallet shouldn't have complied. by Anonymous Coward · · Score: 0

    As many people in many different forums have said before, we need somebody to stand up to the DMCA.

    This particular fight could easily be won. Prices simply are not copyrighted.

    Hell, these companies are probably just bluffing anyways. If anyone is has any copies of the material in question, please email it to me at jb@deadinternet.org. I'll host it.

  26. This is great! by r_j_prahad · · Score: 2

    I am loving this! Proof positive, absolute incontradictable evidence of that famous old saw "power corrupts and absolute power corrupts absolutely". How much longer until they claim that it's illegal for us to possess ears and eyes? Are we to be eventually be legislated into buying movies we cannot view, and music we cannot hear? Will I be required by law to buy these things which I am forbidden to experience?

    Keep screwing over your customers, and soon maybe you won't be having any.

    1. Re:This is great! by lynx_user_abroad · · Score: 1
      Are we to be eventually be legislated into buying movies we cannot view, and music we cannot hear?

      Imagine how the deaf feel about having to pay the RIAA Tax on the purchase of every CD-R?

      --

      The thing about things we don't know is we often don't know we don't know them.

    2. Re:This is great! by shaldannon · · Score: 2

      couple thoughts...

      I like Frank Herbert's revision of the old saying: "Power corrupts. Absolute power attracts the absolutly corruptible."

      Also, so many sheeple^h^h^h^h^h^h^hcustomers will pay anything to anyone for whatever they want, that whether the big retail stores are screwing them or not, they just won't know or care.

      --


      What is your Slash Rating?
    3. Re:This is great! by Bob+McCown · · Score: 1
      Imagine how the deaf feel about having to pay the RIAA Tax on the purchase of every CD-R?

      I smell a class-action lawsuit here...Hmm...

    4. Re:This is great! by lynx_user_abroad · · Score: 1
      You can't sue the government for choosing to tax you. It's a nice daydream, though.

      --

      The thing about things we don't know is we often don't know we don't know them.

  27. Boycott!! by Col.+Panic · · Score: 3, Interesting

    We have been given DMCA notices regarding the posting of "Black Friday" sale prices from the following companies:

    Wal*Mart
    Target
    Best Buy
    Staples


    SCRRAATCH!! off the shopping list. Looks like everyone is getting a thinkgeek tshirt for Xmas this year.

    Grandma would look pretty cool look with </geek> on the back :)

    1. Re:Boycott!! by Anonymous Coward · · Score: 0

      Get your shirts from copyleft.net instead.

      They actually donate money to free software projects.

      Buying from thinkgeek just puts your cash in the pockets of va software board of directors.

    2. Re:Boycott!! by Anonymous Coward · · Score: 0

      DAMN RIGHT! I was actually thinking about a nice monitor and a nice penguin for Christmas.... for me. I might have to spring for some think geek bumper stickers for everyone else. College budgets don't allow for much you know, especially when you are getting yourself a monitor.

      As for the DMCA applying to this... If it applies to prices, then it is WAAAAAYYYYY to broad in its powers. If that's the case, I will now copyright the letter "e".

    3. Re:Boycott!! by Anonymous Coward · · Score: 0

      Just for completeness, I hope you get people the DeCSS t-shirts.

  28. DCMA by minus_273 · · Score: 1

    few laws were passed with as much support on both sides as the DCMA. not to troll or anything but how the hell do /. people thing they are gonna get this repealed.

    --
    The war with islam is a war on the beast
    The war on terror is a war for peace
    1. Re:DCMA by Anonymous Coward · · Score: 0

      The way we will get it repealed is by educating the public. That's starting to happen, too... People are much more aware of these issues than they were a few years ago.

      The support in Congress was broad, yes, but not deep. That's key. Most of the congresspeople had little clue what they were voting for, I'm sure. It was just another bill written and paid for by industry. But when the public starts to react, Congress will change its tune. They still won't understand the issues, being mostly technophobes, but they have keen noses for the public mood.

  29. Because... by di0s · · Score: 3, Funny
    I would like to know what part of the DMCA states that you can not share the price of merchandise.
    Because the prices are encrypted, see...

    $2.99 at Wally-world is actually

    !Ðy*ëùB~`ß½f÷û-- >a3^Úæn--OE&"æÝ5?v|ç(TM)ÍgNÊùÜ6Õgoó
    America:
    The land of the lawyers,
    The home of the DMCA

    We should change the land of opportunity to read: "We'll see you in court".

    1. Re:Because... by Anonymous Coward · · Score: 0

      No. Just change "See ya" to "See you in court"

  30. The Prices are for Public Consumption by TheWanderingHermit · · Score: 5, Informative

    At a particularly low period in my life, employment wise, I had to to market survey research. A lot of this consisted of going into stores and counting products and recording advertising info for different products. I also would have to go into stores like K-Mart and fill in reports about what items they stocked that fell under certain categories. This including counting the items on the shelves, marking the variations (for example, 12,24, & 36 exposure rolls of the same film), and, of course, recording prices.

    K-Mart was not too thrilled with the situation, especially about the prices being recorded. Although I don't remember the name of the case now, there had just recently been a case where a manager of a competing store had gone into K-Mart and recorded a number of their prices on his own list. K-Mart evicted him from the site and he sued. The court ruled for him, saying K-Mart, as a retail store, was inviting the public into their store. They could not invite some people and not others. They may not like what he was doing, but he had the same right of access as any customer who might be comparing prices.

    It seems the same would apply here -- they are publishing the prices for public consumption and comparison. That means for ALL the public. It doesn't seem right that they can say some people can print the prices out and share with friends or compare with other sites and othe people can't.

    1. Re:The Prices are for Public Consumption by kawika · · Score: 2

      Yes, they invite the public. However, their store is private property. They can ask you to leave any time they want, for any reason. If you want a lesson on this, go into your local shopping mall and stand outside one of the stores with a "this store sucks" sign. Then try to use the "you invited the public" argument.

    2. Re:The Prices are for Public Consumption by TheWanderingHermit · · Score: 2

      Sounds like a valid point. But that was not what the court ruled. Maybe the judge didn't know the law as well as you. ;)

    3. Re:The Prices are for Public Consumption by swb · · Score: 4, Insightful

      However, their store is private property. They can ask you to leave any time they want, for any reason.

      Really? So if I own a store that's generally open to the public (glass windows and doors, sign on the door announcing hours, store name, etc) I can walk up and say "Whites only -- leave now" and actually get away with it?

    4. Re:The Prices are for Public Consumption by Danse · · Score: 3, Insightful

      They can ask you to leave any time they want, for any reason.

      This is where your argument is flawed, I believe. They can't tell you to leave for just any reason. They can tell you to leave if you're protesting because they can reasonably claim that you are disturbing their customers. They can't tell you to leave simply because you're comparing prices. That's an expected behavior for customers. They can't tell you to leave because you're black. That would not be protected.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    5. Re:The Prices are for Public Consumption by TamMan2000 · · Score: 2

      They can tell you to leave, but they can't sue you for being there...

      --
      "I'll have a Guinness, no wait, make that a Coors Light" -Grad student I work with, who shall remain anonymous...
    6. Re:The Prices are for Public Consumption by Landaras · · Score: 1
      I don't see what the DMCA has to do with any of this, but I think your reference of retailers inviting the public in doesn't apply. The prices and sales information that was being published had not yet been released to the public.

      The idea of information having to be released to the public before certain rights are given to the public is shown in (almost) everyone's favorite license: The GPL. Under the GPL, you are only required to distribute source to a modified product once you release that product to the product. If you modify and use a GPL product internally, you don't have to release your source. The prices and sales information referenced here was still only being used internally. I think we should cut at least a small amount of slack because the prices had not yet been published.

      That said, I still think the DMCA is stupid (not to mention unconstitutional), and hope that absurdities such as this lead to it being repealed or struck down.

    7. Re:The Prices are for Public Consumption by Eil · · Score: 2, Informative


      No. Racial discrimination--as well as a few other kinds such as gender and whatnot--is strictly prohibited by law. As such, other types of discrimination that the law makes no mention of are actually allowed. I think that in a real court case, however, the store would have to prove that they discriminated against an individual for a legit reason. (Shoplifting, the wielding of a gun, etc.)

    8. Re:The Prices are for Public Consumption by Anonymous Coward · · Score: 0

      no shit, toolbert, that's the point he was making.

    9. Re:The Prices are for Public Consumption by Kwil · · Score: 1

      True, but not quite.

      They can actually ask you to leave, just because. They don't need to give a reason.

      Now, if they routinely tell all the black people to leave, a case for discrimination can be brought, and evidence would need to be presented that black people tend to get discriminated against at that store.

      If the store routinely tells people who are comparing prices to leave, they will significantly reduce their available customer pool, and that's their own problem.

      --

      That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze

    10. Re:The Prices are for Public Consumption by Penguinoflight · · Score: 2

      Sure you can, but it would be stupid. And there's no provision for you getting the people to leave. They can just sit there, and you really don't have much you can do about it. Sure you can call the police, but they wont get in any trouble, because it's just your word against theirs that you told them to leave. And if you go in a store and document a ton of prices, then get asked to leave, go ahead and leave with the prices, there's nothing they can do about it.

      --
      "And we have seen and do testify that the Father sent the Son to be the Savior of the World"
      1 John 4:14
    11. Re:The Prices are for Public Consumption by p-k4 · · Score: 1
      Actually, you do have a way to force them out. The police. If they don't leave, it is criminal tresspass.

      Of course, you're illegally discriminating against people if you adopt a "whites only" policy. Instead they could adopt a "no shoplifters allowed" policy and do just fine.

      --
      Dean's Rule #45. The truth hurts for a moment. A lie hurts for a long time.
    12. Re:The Prices are for Public Consumption by Anonymous Coward · · Score: 0

      As a person who has bounced and worked in store security in the past I'll comment on this. :)

      Actually in most states you can ask anyone to leave for any reason. Sure, it is illegal to racially discriminate, but that must be proved, in court. You can notify someone that they must leave or they are trespassing.

      Usually the police will want a good reason to arrest someone in these cases(returning to an establishment after a fight is a good case). Remember that these are private property and the owners or their representatives have property rights that they may enforce.

    13. Re:The Prices are for Public Consumption by mindstrm · · Score: 1

      It's very common for stores to not allow people from other stores to walk around and write down prices. The store is there for people to shop, and they CAN kick people out, as long as it's not discriminatory (ie: No blacks, no fags, no women, etc). Barring someone from your establishment because you don't want them in there is fair game in most places.

      Secondly, this doens't apply here because it is not about current prices; it is about future planned pricing information being STOLEN from the company, and published on the internet, long before the company was to make the information public.

    14. Re:The Prices are for Public Consumption by mindstrm · · Score: 1

      Ever owned a store?
      It's still private property. THe parent is correct; if I don't want someone in my store, I can ask them to leave. If they do not leave, they are tresspassing.

      This could be because I don't like them personally, or just about any other reason aside from recognized forms of discrimination.

      You are correct; they cannot take away the prices you wrote down; but they are generally under no obligation to let someone from a competing store wander around all day writing down prices.

    15. Re:The Prices are for Public Consumption by Penguinoflight · · Score: 2

      Still, they aren't tresspassing until you tell them to leave, and like I said, who's to say you really did? There was a article here on slashdot a few months ago about the whole pre-order geforce 4 from bestbuy thing... BestBuy told the police that he was told to leave several times, he said he wasn't in a big write-up. Really the police acted out of their authority, but I don't know if they usually get away with this, or if it's uncommon.

      --
      "And we have seen and do testify that the Father sent the Son to be the Savior of the World"
      1 John 4:14
    16. Re:The Prices are for Public Consumption by TheWanderingHermit · · Score: 2

      Funny. That's not what the judge said. But as I said above, I'm sure you know the law a lot better than the judge. ;)

      I'm kind of puzzled by this. I post info including a legal decision and people respond with comments like "They can ask you to leave a store," or "They can't ask you to leave a store." The question of whether or not a person can be asked to leave (without, of course, just cause, such as creating a disturbance) has been legally decided by a judge. Yet so many people on here, a site known more for the techies that frequent it than for the lawyers, keeps saying what can or cannot be done. A court has made the decision already! Like it or not, it has been decided legally! Say what you like, I'm sure there are so many people that can say IANAL who know so much more about law than the judge who decided the case. (BTW, AFAIK, it was not appealed.)

    17. Re:The Prices are for Public Consumption by patter · · Score: 1

      However, their store is private property. They can ask you to leave any time they want, for any reason

      A business that is open to the public is not a private place .. ;)

      If I go to your house and get drunk and fall off the steps breaking my leg and sue you, you won't have to pay me as much as if you're the owner of a public bar.

      That's why the above poster is correct, you can't open a whites only store or have a sign that says, open for business unless your a n*****.

      --
      -- If at first you do succeed, try to hide your astonishment. -- Harry F. Banks
    18. Re:The Prices are for Public Consumption by swb · · Score: 2

      Heh, this is slashdot, where, to mangle a quote from Lenin "rhetoric is a fact of its own".

      I worked in a video store that had a problem with what I'd call vandalism or nuisance behaviors -- two specific kids would come in, tear around in circles, knocking over movie boxes, throwing shit until we chased them out.

      After chasing them out several times in one day we called the police who said "they're not trespassing, it's a place of public business, there's little we can do".

      The cops did show though, and they put them in their car and drive them home (bad neighborhood, bad scene, you know the tale), and they only came back once, but we were REAL firm with them -- we physically ejected them from the store via the rear exit, an alleyway which meant a 2 block walk to get back to the front entrance.

      And when I say physically ejected, I mean physical. The larger (maybe 12?) kid I put in a hammerlock and a chokehold and threw out the back door, kicking him in the ass as he stumbled out. The smaller kid (10?) was fireman carried out the back of the store. Both were warned out back of a severe beating if they ever came back again.

      I expected to get shot or stabbed in the next day or two, but nothing ever happened. I suspect that in most non-corporate stores, this is the treatment you get if you're too much of an asshole.

    19. Re:The Prices are for Public Consumption by mindstrm · · Score: 1

      I have no doubt that what you say happened, happened.

      It is safe to assume that the particular details of this court case are what was importnat, and that it does not necessarily apply everywhere equally. Furtehrmore, there are more contries on earth than the US, and more states than the one the ruling was handed down in.

      If you think this is a valid defence, please, grab a video recorder and walk through a few stores videotaping displays and prices, and then refuse to leave when asked to, and see what happens.

    20. Re:The Prices are for Public Consumption by mindstrm · · Score: 1

      Okay.
      How can casinos kick out card counters? It's a place of public business, and no law has been broken.

      How can stores prevent shoplifters from coming back? I mean, if they aren't shopliftin THIS time, they aren't breaking any law, and have a right ot be in the store.

      How can a nightclub not let me in when the owner says I'm not welcome in his club anymore? It's a place of public business.

      Regardless of what might have happeend in your particular circumstances, I can assure you that a business is STILL private property (after all, it's not owned by the public, is it) and the owners DO have a say as to who can and cannot be there.

    21. Re:The Prices are for Public Consumption by swb · · Score: 2

      Some businesses appear to be able to kick people out or not let them in for any reason.

      I'd suspect that nightclubs would claim that they are private clubs, not public places. Casinos probably have laws specific to them on the books that allow them to kick out anyone "cheating."

      I really don't know how stores prevent people from coming back who have shoplifted. It may be the case that they just get shadowed about 6" away by a couple of loss-prevention people the entire time they're there, making the experience unpleasant for the shoplifter.

      There's clearly something that prevents you from arbitrarily kicking people out of a place that is truly a "public business", otherwise lots of places would have an unwritten racial policies.

  31. Does it really hurt anything? by DumbRedGuy · · Score: 1

    Maybe a little off-topic...

    I go to those sites and they are great for saving money, and they totally hooked me up for last year's Black Friday Sale.

    I went in and bought the items a few days before. Then, I went back to the store during the Big Sale, and said "Gee, it looks like all my stuff is now on sale, can I get a price adjustment?" Either way, I'm in the store (I actually make an extra trip).

    Is getting up at 4:00 in the morning to wait in line that much better than buying it a day before? A lot of times the sale items are in limited quantities, so they are gone after a handful of people enter the store.

  32. That'll teach them pirates! by DougJohnson · · Score: 2, Funny

    those damn pirates^H^H^H^H^H^H^H paying customers. They're STEALING! Nothing could be more clear or simple. Our MSRP is explicitly covered in the DMCA, under Section 115b, Subsection 26777, Paragraph 12, Sentance 17.5; where it states, and I quote "Thou Shalt Worship No Idols Other than Me". And of course, clearly again in Section 666, "You want the truth? You can't handle the Truth"

    We don't come free, we don't even come cheap

  33. What??? by pagercam2 · · Score: 1, Redundant

    What is "Black Friday???" Slashdot needs to require some basic level of documentaion to every story, the story and the site reference give no details so this story is a waste to almost all of /. readers. DCMA sucks but thats hardly news at this point.

    1. Re:What??? by fobbman · · Score: 3, Informative

      Black Friday is the feeding frenzy in the retail sector that happens the day after Thanksgiving.

    2. Re:What??? by Arcaeris · · Score: 2, Informative

      I believe it's the day after Thanksgiving, aka like the biggest shopping day of the year?

      Having worked in retail during the holidays/sales(at Victoria's Secret) I gotta say that this day and the day after Christmas are the worst days of the year. Why people go shopping on these days - knowing full well that everyone else is going shopping too - is insane. Sure it's a day off, but the whole day spent that Friday is all of an hour or two any other day. We had lines that circled the entire store and went outside, and the fitting rooms were so full that people (ie. fat old ladies) were getting naked in the middle of the store. ::shudder::

      Back to being on-topic: What's the point of ads and sale prices if people don't get to know about them? No one would ever choose a small or specialty store over a giant megastore if they had no knowledge of price differences or selection. It's idiotic.

    3. Re:What??? by MrLint · · Score: 2, Interesting

      Ya know there seems to be alot of this going on on /. lately "what is black friday?" "what is GBA" "what the hell does slashdot mean?" I hate to break this to you guys, but justbecauseyou arent clued into the collective community consciousness donest mean you should rant on like a fool.

    4. Re:What??? by Anonymous Coward · · Score: 0

      Contrary to popular belief, the holidays of America, such as 'Thanksgiving' aren't celebrated by all. Do you throw a party when its like...czech independence day? NO. Do you have to be in america to access slashdot? NO. heh. Realize that america != everyone. and that you != everyone. and that just cause we have thanksgiving, and an associated day where everyone gives their money away, doesn't mean everyone i the world knows it, or that they should or would even want to know. unglue yourself from the 'collective community' in your own little mind. Can we mod this -1 Ignorant, or -1 Close Minded ?

    5. Re:What??? by MrLint · · Score: 1

      Anon coward calling for a mod down how quaint. BTW, technically speaking, not knowing what black friday is ignorance. Whining about it, thats stupidity. Ignorance can be fixed, stupidity is forever.

    6. Re:What??? by shepd · · Score: 1

      Canada has a Thanksgiving, and in our country we don't go insane the day after it. We save that for when it's illegal (Boxing day -- ie day after x-mas). Canadians enjoy buying things when it's illegal for some reason (cross-border smuggling, grey-market satellite, boxing day sales, Sunday sales a couple of decades ago). Anyways, your black sunday It's a new phenomenon to 5,900,000,000 other people in the world and it isn't even named very well at all.

      Sorry that you're only part of a small corner of the world. I know it feels strange to be told that, but it's just so true. Just as proof that holiday events aren't so international, what do Muslims do during Ramadan (no googling allowed)?

      This is unlike all the other items you've mentioned which are a pretty much world-wide phenomenon. Saying that if you aren't American you're a fool just pushes that level of world-wide American-desting and American-arrogance a little higher (which is unfortunate, because in my experience you're the extreme minority, apart from Motorola).

      Sorry if you think I'm ranting like a fool, but I feel I speak for about 5 billion others when I say "Details, please".

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    7. Re:What??? by hampton · · Score: 1

      out of curiosity, what's illegal about boxing day sales? i'm Canadian and i've never heard of a boxing day sale being against the law.

    8. Re:What??? by shepd · · Score: 1

      >out of curiosity, what's illegal about boxing day sales? i'm Canadian and i've never heard of a boxing day sale being against the law.

      I'm looking for details... this might just be a regional thing (or an Ontario thing) but a few years ago a store opened on Boxing Day and got hit with a $150k fine, if what I remember from the news is correct.

      I am sure the law was repealed recently, as a lot of local stores opened for boxing day last year.

      Ahhh, finally found something useful. Now anyone with some law books care too look up "Retail Business Holidays Act R.S.O. 1990, ch.R.30 (the Act)".

      Here it is. PDF.

      And the rules:

      "Prohibition
      2. (1) No person carrying on a retail business in a retail business establishment shall,
      (a) sell or offer for sale any goods or services therein by retail; or
      (b) admit members of the public thereto,
      on a holiday."

      Boxing Day was once a legal holiday (it's in the PDF version).

      HTH!

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
  34. for your nfo by Anonymous Coward · · Score: 0

    the DMCA isn't this broad of a law. Large corporations are using the dmca as an excuse.

  35. We need to ... by Anonymous Coward · · Score: 0

    ... sue them for anti-competitive practice! Simply not advertising a sale price isn't anti-competative, but to be sending out noticies that you can't advertise prices it!

  36. Their Loss by tezzery · · Score: 4, Informative

    I use cnet price comparison as well as pricewatch.com very often.. any store not wanting another site publishing their prices clearly isn't competitive to begin with.. I say it's their loss.

    1. Re:Their Loss by Phosphor3k · · Score: 2

      Ahh, but the difference is, pricewatch.com's prices and products are all submitted by the stores themselves.

    2. Re:Their Loss by LostCluster · · Score: 2

      Would it surprise you to learn you have to pay to get into either of those price comparision sites. If you don't want CNet publishing your prices, simply don't send them the check!

  37. Price fixing? by Anonymous Coward · · Score: 0

    What is the difference between this and price fixing?

    taggat

    1. Re:price fixing? by Vhalkyrie · · Score: 1

      I was pondering this myself. I don't know if it's price fixing, but it curiously seems to be collaboration. 4 big chains ganging up would be tough for anyone to fight.

  38. Dear Sir, by shortbus+mutiny · · Score: 5, Funny

    We regret to inform you, that on the course of our investigations we noticed that you were using the number "49.95" on your website. As you well now by now, this is also the price of the new exciting action game, "School Shooting 2". Our sales prices are our intellectual property and thus protected by the DMCA. We request that you remove all references to our sale price from your website and send a reply stating that you have done so. You may however, change the number to 49.96, as we have nothing for sale at that price. You may not use the number 49.94 however, as that is the new sale price for the game "Sweatshop Tycoon". We look forward to your compliance, and don't think about posting this letter to the web, as it's copyrighted and protected under the DMCA as well.

    1. Re:Dear Sir, by JasonRene · · Score: 1

      Dear Sir, In response to your notification, I acknowledge your use of "49.95" in your price of "School Shooting 2"; however I must point out that I merely sampled the aforementioned number on my website. In fact, the number may be referred to as an entirely new number, unrelated to your number, because your number goes "49.95" and mine goes "49.95 ". The extra " " makes it cool, and mine. For further information, please refer to David Bowie Vs. Vanilla Ice.

  39. Happened at DVDTalk too by weeeee · · Score: 4, Informative

    Locked DVD Talk Black Friday Thread

    In this case Target was the company that sent the DMCA notice and the thread was shut down im ediately.

    1. Re:Happened at DVDTalk too by WEFUNK · · Score: 4, Informative

      Here's part of the relevant post by the founder of DVDtalk that shut down the thread. The quote is apparently from a lawyer representing Target:

      "...This is a notification pursuant to the Digital Millenium Copyright Act.

      I am an attorney representing Target Corporation and its Target Stores
      division ("Target). I am duly authorized to act on Target's behalf in this
      matter.

      This is a notice of Target's belief that posting of Target information as
      part of the "Black Friday" thread at
      http://www.dvdtalk.com/forum/showth...250539in frin ges
      infringes Target's copyright in a newspaper-insert advertising circular
      intended to be distributed on Thanksgiving Day, 2002. It is Target's good
      faith belief that the use of Target's copyrighted material in the "Black
      Friday" posting is not authorized by the copyright owner, its agent, or by
      operation of the law.

      The information in this notification is accurate, and, under penalty of
      perjury, I am authorized to act on behalf of Target Corporation, the owner
      of the copyright in the material at issue.

      Please confirm by return e-mail as soon as possible that you have removed
      the Target information from the "Black Friday" posting..."


      It appears from the excerpt above that they are objecting to the release of trade secrets, which is not really copyright infringement. Does this in any way fall under the DMCA or are they just using it to evoke fear?

      And if they are knowingly abusing the law can Target be sued for using SLAPP tactics (for instance) and can the lawyer be disciplined for making legally unjustified claims/threats?

      I also wonder if marketing is even aware of these threats or if this is another case of lawyers acting in the "best interest of their clients" (and charging top dollar for it) even if it creates a backlash amongst consumers.

      --
      My next sig will be ready soon, but friends can beat the rush!
    2. Re:Happened at DVDTalk too by SiliconEntity · · Score: 3, Interesting

      The DMCA relevance is as follows.

      When a user of an internet service provider posts copyright-infringing data, the ISP is obligated to take down the postings once it is notified of a claim by the copyright holder. This is part of the DMCA. Then there is a mechanism for the user to challenge the removal, saying that the removed material was not copyrighted. This is discussed under section 512(c) of the DMCA link above.

      It's a different part of the DMCA than what we often discuss, like breaking copyright protection measures, which is section 1201.

      Now, I agree that price information, especially if reformatted, cannot be copyrighted. Copyright covers a particular expression of the data, and not the raw data itself. So IMO the sites could safely ignore these warnings. But as someone who was recently sued for several billion dollars, I can certainly understand the reluctance to enter the legal system.

    3. Re:Happened at DVDTalk too by pommaq · · Score: 1

      Not only did the lawyer make legally unjustified claims/threats, he also spelled "Millennium" wrong. That word seems capable of defeating even the most robotlike lawyer.

      Perhaps the word "Millennium" is our secret weapon against the DMCA!

    4. Re:Happened at DVDTalk too by Kindaian · · Score: 1

      The information is false... so the notification is void...

    5. Re:Happened at DVDTalk too by Anonymous Coward · · Score: 0

      There have been instances of "prices" being copyrightable (think Kelley Blue Book) so that these prices cannot be reproduced without permission even if they are re-formatted etc. To the extent that Wal-Mart etc. are making the argument that their "experts" have produced appropriate "pricing" (like Kelley) that represents an "original work" it could be copyrightable (a stretch for sure, but not outside the realm)...

    6. Re:Happened at DVDTalk too by mindstrm · · Score: 1

      Which threats are unjustified? If someone leaked the flyers or information from those flyers before they were published by the copyright holder (you better believe an advertisement can be copywritten) then they have a VERY valid claim.

      Those who posted the information are free to counter the claim that the information was illegally obtained and violates copyright, and the isp can place the information online again.

    7. Re:Happened at DVDTalk too by Oloryn · · Score: 1
      And if they are knowingly abusing the law can Target be sued for using SLAPP tactics (for instance) and can the lawyer be disciplined for making legally unjustified claims/threats?

      An even better question is, if the material used in the messages is merely the prices (and not a reproduction of the flyer), can the lawyer sending the notice be charged with perjury? He makes a statement 'under penalty of perjury' that the material violates copyright. Given that facts such as prices aren't copyrightable, how can that be a true statement?

  40. DMCA, or something else? by DCheesi · · Score: 1

    So how does this relate to the DMCA specifically? It sounds more like a trade secrets issue to me.

  41. Don't buy by ejaw5 · · Score: 2

    If the retailers dont want their advertised prices posted, then why shoud we as the consumer go out and buy their products? I say they can keep their stuff, even though the price may be tempting.

    I just started looking at fatwallet yesterday from a link posted by someone on a slashdot discussion. Are the "BlackFriday" lists supposed to be kept quiet within the stores and someone leaked them out? Or are they publicly announced in circulars?

    --

    $cat /dev/random > Sig
  42. What about me? by Anonymous Coward · · Score: 0

    Does this mean if I tell a friend on AIM about about a good deal on hard drives I can go to jail?

  43. If they can copyright prices by skintigh2 · · Score: 2, Interesting

    then what can't they copyright? They are basically claiming that thye haven't copyrighted what they wrote, but have the copyright to fundamental facts.

    Does this mean Reuters could sue every news station that says "Reuters has reported that..."?

    Can a movie producer sue a critic who gave away the ending?

    Obviously this is yet another example of big businesses using their weight to crush those in the right with lawsuits they can't afford to fight (called a SLAPP - Strategic Lawsuits Against Public Participation).

    Good thing we have so many republicans in office now who want to take away even more consumer rights including the right to sue big businesses.

  44. More rights being trampled on by boy_afraid · · Score: 2, Interesting

    Is it me or is anyone else noticing how we, the country and society I mean, are regressing into a aristocracy where the top 1-2% of society is making rules for the rest of us? I think I should start learning russian. The Gov'ment wants us to spy on each other, want cameras everywhere, want to know my spending habits and locations. Isn't this is what the Soviet communists had/wanted, complete authority.

    Da, commrad, ya Sovietsky!

    P.S. What's with the USA wanting to get rid of a dictator in Iraq, but are growing one right here in the country!

    P.S.S. I think they are watching me right now, with the DCMA, Patriot Act, and Security Bill in their back pocket, they can take me down any moment!

    1. Re:More rights being trampled on by Anonymous Coward · · Score: 0

      Skip learning the Russian. They are, now, freer than we are. I suspect highly that russia will retain their freedom, since it was in recent history that they lost theirs. Likewise, since it has been so long for us, I would guess that we will lose ours a peice at a time.

  45. This isn't a DMCA issue, this is a copyright issue by djembe2k · · Score: 5, Insightful
    The issue in this case isn't the DMCA at all -- that's just an enforcement mechanism here for the redistribution of something to which somebody is claiming a copyright. The issue is whether or not the claim of a copyright is valid. Even if the DMCA didn't exist, another mechanism could probably be found for enforcing this particular copyright claim.

    Probably the copyright claim is bogus itself, but it is common practice for the big corporations to use the threat of legal action to make small fries do what they want, even if they know they would lose. And that isn't a DMCA issue either -- that's a problem with the way capitalism leverages the legal system.

    I'm not sticking up for the DMCA, but this case is really, ultimately, about something else.

  46. I have a fascinating question... by Bowie+J.+Poag · · Score: 0, Troll



    Who the fuck cares about DMCA. Its a huge wank party worth about as much discussion time as a doorknob.

    giFTcurs.. P2P that actually works. By the people, for the people.

    --
    Bowie J. Poag

  47. I don't think this falls under the DMCA... by Maul · · Score: 2

    I don't think that sale prices fall under the DMCA.
    I don't see how a price can even be copyrighted.

    Furthermore, if retailers don't want their sale prices going public, why do they make huge newspaper inserts?

    Obviously, sites that post this information making it "too easy" for consumers to find the cheapest prices. Stores probably count on consumers to be too lazy to find the cheapest price, and this makes it easier to do just that.

    However, this is all publicly available information. Anyone with a couple hours on their hands (which many people have on Thanksgiving Day) can go through all the ads and find the cheapest prices in their area.

    --

    "You spoony bard!" -Tellah

    1. Re:I don't think this falls under the DMCA... by BigJimSlade · · Score: 2

      Obviously, sites that post this information making it "too easy" for consumers to find the cheapest prices. Stores probably count on consumers to be too lazy to find the cheapest price, and this makes it easier to do just that.

      It amazes me that they only care about things like this when they are at a certain scale.

      Take Metallica, back when they were fighting the evil Napster. Everybody knew that they encouraged fans to trade tapes of their shows, but when it started happening on the scale that it did with Napster, it suddenly becomes this evil thing that nobody wants a part of.

      I just don't understand this... The whole point of a sale is to either unload merchandise or to bring people into your store. Either way, isn't it in your best interests to publicize the sale as best as you can? Wouldn't you want everyone to tell everybody they knew about this sale?

      What really boggles my mind is that most retailers have been saying they don't expect sales to be brisk due to the current economic situation and the late Thanksgiving (again, for those not in the know, Black Friday is the Friday after Thanksgiving... the "official" start of the Christmas consumption season in the US).

      So, with that said... can someone please explain why a store would not want as many people as possible to know about their sales?

  48. just be careful of whose namy you throw around by Unknown+Poltroon · · Score: 1, Troll

    Im scared of those ninjaburgr people.

    --
    All Troll + "offtopic" mods are meta moderated as "Unfair", because you abused the system.
  49. Re:Understandable by themurray · · Score: 1

    The use DMCA against pricing should be fought tooth and nail, since it is bullshit!

  50. Contact real media by quinto2000 · · Score: 1

    "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 212-416-4974 or send me an email with your phone number and I'll call you. Thanks, Ron"

    --
    Ceci n'est pas un post
    1. Re:Contact real media by Anonymous Coward · · Score: 0

      Are you ligit? Plus what is your email?

  51. Here are some great deals by tuxlove · · Score: 1

    Here are some great deals, straight off their web sites!

    walmart.com:
    LEGO Harry Potter: Chamber of Secrets - $69.77

    target.com:
    Audiovox Personal CD Players - $23.99-$27.99

    staples.com:
    HP OfficeJet 4-in-1 Machine -$149.98

    bestbuy.com:
    Sony Mavica MVC-CD400 Digital Camera - $649.99

  52. Could This Be... by Zech+Harvey · · Score: 3, Funny


    ...security related? I mean, I don't want to sound like I'm pro-DMCA, I'm not. But couldn't companies use the DMCA to control their information so there won't be dangerously large crowds that will show up on the busiest shopping day of the year? If the masses get too hyped about what is coming out, then riots may be a result. They might not want to release any information until the last minute and cause uncontrollable masses to drive up profit. If this was their intent, it would be better, if instead of using the DMCA, they were to cooperate with each other and public forums to release information, strategically plot and coordinate sales over a longer period of time, and discourage mass/riotous consumer behavior. Then again, sometimes I think that human decency cuts into their bottom-line.

    I know it sounds a bit unbelievable, but considering I worked at McDonald's (I seem to work for all the unpopular zaibatsus, heh) during the huge Beanie Baby frenzy and saw little old ladies get knocked over, nothing surprises me when it comes to consumer greed.

    --
    Zech Harvey, MCSE, MCDBA, CCNA
  53. Courts wait by Shadow+Wrought · · Score: 4, Insightful
    I think that this will help the eventual court case against DMCA. The more ludicrous uses that it is put to the more exhibits that can be brought to bear in getting it overturned.

    Till that day happens, of course, it will continue to suck.

    --
    If brevity is the soul of wit, then how does one explain Twitter?
  54. The "Free Market" by Anonymous Coward · · Score: 1, Interesting

    Welcome to the New America, with new and redefined freedoms.

    1. Re:The "Free Market" by Aexia · · Score: 2

      If the terrorists hate us because of our freedoms, then obviously getting rid of them will solve the problem.

    2. Re:The "Free Market" by Anonymous Coward · · Score: 0

      Are you happy, citizen?

  55. Re:I Love SexyKellyOsbourne! by 0x0d0a · · Score: 0, Offtopic

    Why the hell does Slashdot even have filters? They annoy me (short comments often submitted in under 20 seconds), and I often post more than twice in two minutes, and I've even hit the 50/day limit once.

    And yet it lets stuff like this through.

  56. Make that...Black Saturday by sagwalla · · Score: 4, Informative
    Don't forget Buy Nothing Day 2002!

    "If enough jammers turn their disaffection into resistance for just one day, November 29 could mark the delivery of a landmark social message."

    1. Re:Make that...Black Saturday by unicron · · Score: 2

      You're kidding right? Captalism is the only true religion or political party anymore. All the others are just a front.

      --
      Finally, math books without any of that base 6 crap in them.
    2. Re:Make that...Black Saturday by Anonymous Coward · · Score: 0

      Yeah... that'll happen.

    3. Re:Make that...Black Saturday by Anonymous Coward · · Score: 0

      Oh gooodie! Another slashdot boycott! I bet this one will be just as effective as all the previous ones.

    4. Re:Make that...Black Saturday by FatAlb3rt · · Score: 2, Insightful

      Honestly, I can't believe people stand in line for hours for these sales. Yeah, there's some pretty good deals, but people's time must not be important to them. I think it's the same thing that drives people to collect a bagful a free crap at a trade show. They just never realize that they don't need it and only focus on the fact they didn't have to pay for it. Or, maybe in some sick, twisted, sadistic way they actually enjoy being in crowds of people scavange for crap.

      Ok...I'm done...sorry.

    5. Re:Make that...Black Saturday by Otter · · Score: 4, Insightful
      These are Iranian students risking their lives to demonstrate for freedom of speech.

      "Jammers"? "Resistance"? "Just one day"? Doesn't that all seem a bit pompous and self-congratulatory for bravely not buying stuff you don't need for a single freaking day?

    6. Re:Make that...Black Saturday by Anonymous Coward · · Score: 0
      Oooooh... Someone used the "C" word.

      We practice Capitalism only in a very loose sense. We have government created monopolies, artificial barriers to market entry, and now this, a stifling of information directly related to the competition that yet remains.

      There's nothing Capitalistic about what these ass-clowns are doing. Don't be fooled... Just because they are out to make a buck, that doesn't mean their actions are the result of Capitalism.

      And in defense of these wayward corporations, they are simply making use of a tool at their disposal. It's a shitty thing to do, but it's not illegal.

      Read a book.

    7. Re:Make that...Black Saturday by Anonymous Coward · · Score: 0

      Frankly, I find the thought of "Buy Nothing Day." Kind of disheartening. My mother recently quit her job and took a serious financial risk in chasing her dream and opening her own store. Often times, the little guys, like my parents, rely on the the christmas shopping season (including the day after thanksgiving) just as much as the large corporations. Unfortunately, people participating in protest such as "Buy Nothing Day" probably don't realize that they are hurting the smaller business just as much if not more than the large corporations that they are railing against.

    8. Re:Make that...Black Saturday by LostCluster · · Score: 2

      Or mark the fact that the majority of the public isn't listening to you and goes shopping on that day anyway.

    9. Re:Make that...Black Saturday by greenrd · · Score: 2
      Doesn't that all seem a bit pompous and self-congratulatory for bravely not buying stuff you don't need for a single freaking day?

      No. It's not about bravery at all, of course. It's about waking up to the reality of unsustainable and unhealthy consumption.

      But of course, somewhere in the world someone is being tortured so that makes those anticonsumerist concerns "trivial". Uh, no. If we took that attitude, almost everything would be "overblown".

    10. Re:Make that...Black Saturday by Damek · · Score: 2

      Majority Schmajority. A majority is made up of individual minorities; the only way to form a majority is to communicate your ideas to individuals.

      I hadn't heard about this, but I heard about it now, and I will be participating. He passed it on to one person; his post was a success.

    11. Re:Make that...Black Saturday by Anonymous Coward · · Score: 0

      I am not sure why, but this really reminds me of last week's Onion, where the What do you think question was:

      In last Tuesday's midterm elections, Republicans retook the U.S. Senate, giving them control of both houses of Congress. What do you think?

      "Don't blame me, I voted for the Green Party. Hee hee hee! Aren't I the dickens?"

      link: http://www.theonion.com/onion3842/wdyt_3842.html

    12. Re:Make that...Black Saturday by Anonymous Coward · · Score: 0

      ...or your post

    13. Re:Make that...Black Saturday by Anonymous Coward · · Score: 0

      what's the message these jammers want to get across? We can screw your business and make you poor?

    14. Re:Make that...Black Saturday by Anonymous Coward · · Score: 0

      Oh gooodie! Another slashdot boycott!

      ADBUSTERS boycott NOT slashdot boycott. ADBUSTERS boycott NOT slashdot boycott.
      ADBUSTERS boycott NOT slashdot boycott. ADBUSTERS boycott NOT slashdot boycott.

    15. Re:Make that...Black Saturday by Otter · · Score: 3, Insightful

      1) If not shopping for a day isn't trivial, I can't imagine what is.

      2) Using the word "resistance" to describe it is self-aggrandizing to the point of obscenity and mocks real sacrifice and courage.

    16. Re:Make that...Black Saturday by greenrd · · Score: 2
      2) Using the word "resistance" to describe it is self-aggrandizing to the point of obscenity and mocks real sacrifice and courage.

      You only think that way because you are thinking in macho, masculine terms: resistance must involve great, even awe-inspiring, "sacrifice" and "courage". But simply standing up and saying "No, there is a better way, you are lying when you tell us that there is no alternative to ever-increasing economic growth and resource consumption", is also resistance.

    17. Re:Make that...Black Saturday by L0rdJedi · · Score: 1

      Then stop buying stuff for more than just 1 day. That's as bad as the great gas out, where people were gonna stop buying gas for 1 day in the hopes of putting a dent in the oil companies pockets so they'd lower prices. If you're gonna do anything, you have to do it for more than one day for it to make any difference.

      The blacks that boycotted the buses back in the day did it for more than just one day. That's why they were successful. That and the majority of bus riders at the time were black is what changed things then. Sorry if this analogy seems a bit off, it's the first one that came to mind and it seems to fit perfectly.

    18. Re:Make that...Black Saturday by ethereal · · Score: 1

      Here's the problem: anyone with a clue doesn't shop on the day after Thanksgiving anyway. Essentially the only audience who cares is already carrying out a de facto boycott. It's unlikely that soccer moms everywhere are going to heed the call not to shop just to support some vague (to them) freedom infringed upon by a law they've never heard of.

      I'm with you, but this is a tough message to get across to the people who really would make a difference.

      --

      Your right to not believe: Americans United for Separation of Church and

  57. You can't copyright facts. by Junior+J.+Junior+III · · Score: 5, Insightful

    If the site were serving scanned images of advertizing flyers, they might be in violation of copyright law, but if they're just reporting pricing facts, how can it be a violation?

    The advertising copy from some flyer containing a blurb-type phrase might be copyrightable, but the fact that some store at some address is selling some item for some price is not copyrightable.

    --
    You see? You see? Your stupid minds! Stupid! Stupid!
    1. Re:You can't copyright facts. by MrLint · · Score: 1

      When the dmca came out i started telling people that people would start being sued by talking about any company in any non-approved way. I was told that i was overreacting and being hysterical. Guess what, this is only the beginning. McAfee already tried to sue someone for an unfavorable review, soon now the only thing you will hear about corporate america is the press releases.

    2. Re:You can't copyright facts. by Junior+J.+Junior+III · · Score: 2

      Yeah, but what part of the law are they invoking in order to do this?

      --
      You see? You see? Your stupid minds! Stupid! Stupid!
    3. Re:You can't copyright facts. by stratjakt · · Score: 1

      >> Yeah, but what part of the law are they invoking in order to do this?

      The part that says "I have more money than you, you can't afford to fight this"

      --
      I don't need no instructions to know how to rock!!!!
    4. Re:You can't copyright facts. by revery · · Score: 2, Funny

      You can't copyright facts - Junior J. Junior III

      It is in fact, a fact, that you can copyright a fact.
      Copyright Charles Churchill - 11/20/2002

    5. Re:You can't copyright facts. by Anonymous Coward · · Score: 0

      Bad laws are just another facet of a larger problem. The political system does not follow the rules we were taught in school. We were educated to participate in a fictional world, so we sre not politically effective at competing against entities that understand how the system really works.

      Consider the amount of energy a citizen has to excert to influence the government vesus that of a corporation. The corporation may have employees in the presidents cabinet, such as the aerospace , agricorp, petroleum, drug , and chemical industries. How can a person participate in the political system with even this one bit of competetion? That's not even mentioning bribery, lobbying, media campaigns, fixed polls, fixed "scientific" experimentation, "non-profits" that make recomendations the government listen too, and so on.

      We have the short end of the stick because we have been loclked out of the political process. Our educational system doesn't tell us this, so we enter the world unprepared for the challenges citizens face.

  58. WHY DCMA by Anonymous Coward · · Score: 0

    I see that they don't want their SUPER SALE OF THE MILLENIUM prices to leak so not to give informationin advance to their competitors.....
    as if they didn;t know!
    OH BOY

  59. Grrrr by MCMLXXVI · · Score: 1

    While I am glad to see it on news sites, I am sad that they gave in so easily.
    What we really need is a HUGE public trial where someone like this stands up against these huge companies. If people keep giving in the "average" people will have no idea how crazy this law is.
    I have learned that bullies back down most of the time when they see someone has the courage to stand up and say "No you are not going to tell me what to do" I think these companies would back down also after their lawyers told them that if this goes to court they are not going to win and look really bad to the public.

    1. Re:Grrrr by walt-sjc · · Score: 2

      The problem is that larger media that could afford lawyers also have a vested interest in the DMCA being upheld. This is one of the downfalls of having most of our media controlled by only a few corporations.

  60. Now I'm a little curious by iceT · · Score: 3, Interesting

    How do these sites GET their news? I figured that the companies themselves 'leaked' a lot of this information..

    Individual things here and there are typically reported by the individual.. but where do they get the BIG news from companies like Dell, or Best Buy?

    --
    -- You can't idiot-proof anything, because they're always coming out with better idiots.
  61. Except... by Pac · · Score: 2

    Evil computers manned by even more evil hackers (who else use computers to inform?) are somehow involved. One of the most idiotic laws ever written, style and contentwise, is also involved. And then you have big corporations with hundreds of lawyers ready to file frivolous suits against the said evil hackers using the said idiotic law until they are bankrupt to the fourth generation.

    So, as you see, it a completely different situation. If we dig deeper we may even find some threat to national security here.

    1. Re:Except... by Monkey-Man2000 · · Score: 1

      If we dig deeper we may even find some threat to national security here.

      One of the other posters kind of suggested this: The national security threat might be that they don't want huge (dangerous) crowds at the doors of the low-cost leaders on the morning of Black Friday. That makes a lot of sense. . .Yeah, I think we can rationalize this. :)

      --
      This post was generated by a Cadre of Uber Monkeys for Monkey-Man2000 (603495).
  62. Dangerous by mao+che+minh · · Score: 2

    Despite all of the anti-DMCA Slashdot stories to date, not until now did I understand just how broad and dangerous the DMCA really is. How in the hell am I supposed to know how much to save up for the Zelda GameCube release now?!?!

  63. Anybody know what these sites are? by chrysrobyn · · Score: 2

    I'm at the point where I buy CDs once a year. Every album that I want, and can still remember the name of, I buy on Black Friday. The past 3 years, Best Buy or Circuit City has had a sale where CDs are 9.99 USD each (last year it was limit 10). So, between that and the retailers' price matching policies, I was wondering who would be earning my money this year.

    I'm not interested in starting an RIAA debate. They're bad, they're evil, and that's part of why my wife no longer buys 50-70 CDs a year. Neither of us is in a position for a total boycott, thanks.

    However, I would like to open the debate for the first person who can ridicule my measley Google skills with the "intuitively obvious" search string that finds the remaining Black Friday sale descriptions. Thanks for your participation :)

    1. Re:Anybody know what these sites are? by thomas.galvin · · Score: 1

      Googling for black friday sale price list comparison shopping yeilded, towads the bottom of the page, this link, which in turn linked to...crap, it was deleted after the poster was emailed. They work fast...

  64. The Wall Street Journal wants to hear from you! by SoCalChris · · Score: 5, Informative

    From the article...

    "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 212-416-4974 or send me an email with your phone number and I'll call you.

    Thanks, Ron"

    1. Re:The Wall Street Journal wants to hear from you! by Tsali · · Score: 2

      Here comes the flood... Hope this guy can get all of us for interviews before Thanksgiving....

      --
      This space for rent.
    2. Re:The Wall Street Journal wants to hear from you! by LookSharp · · Score: 3, Funny

      If anyone would like to air their feelings on the subject, please call me at 212-416-4974...

      So what IS the sound of a telephone being slashdotted? :)

    3. Re:The Wall Street Journal wants to hear from you! by Anonymous Coward · · Score: 1, Insightful

      The language of that makes me a bit suspicious of Ron's possible biases.

      Note that he says "crack down", rather than "supress" or "prevent." "Crack down", to me, implies that the consumers are doing something illegal, and the retailers are finally putting their foot down. Of course, nothing could be further from the truth.

      Maybe Ron's not aware of his use of the language, or maybe I'm misinterpreting it, but it's just a thought.

      Ron, if you're reading this: please, please, please, try to be more careful in the way you describe these things in your work. I really believe that there's way too much journalism that conveys strong innapropriate bias in subtle ways. I'm not sure if you mean to, but try to be aware of it, even if not all of your colleagues are.

    4. Re:The Wall Street Journal wants to hear from you! by Anonymous Coward · · Score: 0

      ring.... ring.... ring.... ring..... ring.... ring.....

      oooh, my comment violated the postercomment compression filter. I'm trying less whitespace and/or less repetition.

    5. Re:The Wall Street Journal wants to hear from you! by LookSharp · · Score: 1

      Ron, if you're reading this: please, please, please, try to be more careful in the way you describe these things in your work. I really believe that there's way too much journalism that conveys strong innapropriate bias in subtle ways. I'm not sure if you mean to, but try to be aware of it, even if not all of your colleagues are.


      I don't talk to reporters anymore, never. I have had a very select few occaisions to talk "on the record" about something I am interested in, and my sound bites were taken complely out of context and spun toward the bias of the "journalist's angle."

      If I'm ever in a situation to actually grant an interview on something again, I'm going to have to demand pre-publication review and clarification editorial rights. As far as I know, this just doesn't happen.

      I'm not out to get a fluff piece done, swooning over me, but I'm sure as hell going to make certain that MY point gets across by my own words, not someone ELSE'S point.

    6. Re:The Wall Street Journal wants to hear from you! by Tokerat · · Score: 2


      Wouldn't he be referencing wholesalers cracking down on retailers?

      After all, I don't know to many people who krak warez'd copies of x-mas sale prices and put them on their FTP. ;-)

      --
      CAn'T CompreHend SARcaSm?
    7. Re:The Wall Street Journal wants to hear from you! by otis+wildflower · · Score: 1

      So what IS the sound of a telephone being slashdotted? :)

      A busy signal obviously... Ever tried calling TMBG's dial-a-song? ;)

    8. Re:The Wall Street Journal wants to hear from you! by isorox · · Score: 1

      So what IS the sound of a telephone being slashdotted?
      An engaged tone, duh

  65. the system, not just the law by thomas.galvin · · Score: 5, Insightful

    From the link:

    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.


    This speaks more to the flaws in the legal system itself than it does to the DMCA. The legal system has esentially become a means of controling people with significantly less money than you. Time and time again, we hear some variant of "we believe we are right, but we don't have the resources to prove it."

    The system no longer provides equal protection to all; "justice," as it were, can be purchased. Witness PanIP's attempts to bully web merchants, or the OJ Simpson case.

    The DMCA is bad; nearly all of us believe so. In the end, however, it is simply one item from the overly-expensive toolchest that is the american legal system. The average American can afford a hammer, but the mega-companies all have power tools. The legal system is designed to see who has the better legal case, but the sad fact is that many cases never actually get to that point; the entry level is simply to high. Joe Blow running his web site from his basement may have the best legal argument in the world for why he should be allowed to print the sale prices of items, but he cannot afford the cadre of lawyers to ensure that that aregument gets heard. Joe Blow might be right, but that doesn't matter; the company that opposes him can simply drag out the legal preceedings long enough to bankrupt him.

    Ideally, when something like this happens, the defendant would be able to go before a judge and say "All I'm doing is reporting the facts," and the judge would say "case dismissed." Instead, they go before the judge and say "All I'm doing is reporting the facts," and the claiment says "that's not what my stable of lawyers say..."

    The really depressing thing is that, even though I can see the system is broken, I really have no idea what to do about it. The system needs to be reformed, but I'm not entierly sure where to start.

    1. Re:the system, not just the law by Marx_Mrvelous · · Score: 1

      A judge can reject a case if she thinks it is frivolous, *plus* a defendant can counter-sue for any bills incurred. It's not perfect, but it does work pretty well.

      --

      Moderation: Put your hand inside the puppet head!
    2. Re:the system, not just the law by SirSlud · · Score: 3, Insightful

      Couple this with the 'just world' mentality, so prevailent in our culture today. The 'just world' mentality states that people have assets and wealth (or lack thereof) in amounts they deserve.

      How often does some uncaring yokel chime in with, "Yeah well, I know [Walmart] is loaded with cash and lawyers, but thats because they worked hard and made all the money, so they deserve an advantage." According to the same mentality, the small fish are just failed mega-coperation wanna-bes (you really do get punished in this society for not wanting to be the _biggest_), so they deserve being at such a disadvantage.

      Before we can fix the inequality with respect to access to legal defence, I think you have to get more people understanding that being rich or being poor doesn't neccessarily denote what you contibuted to your society, nor it the world 'just' in this manner. Too often you see people equating success and wealth with deservedness, so in many people's eyes, your complaints arn't a problem at all .. the richer person _should_ have an advantage according to certain people.

      Its an attitude that makes me sick to my stomach, but sadly not an uncommon one.

      --
      "Old man yells at systemd"
    3. Re:the system, not just the law by JordoCrouse · · Score: 1

      A judge can reject a case if she thinks it is frivolous, *plus* a defendant can counter-sue for any bills incurred. It's not perfect, but it does work pretty well.

      If you think any of these cases will ever see the inside of a courtroom, you're nuts. Any corporate lawyer worth his salt can drain the resources of his comptetitor (especially a small one) long before the matter ever comes to a judge.

      This isn't like criminal justice, where the defendant has a the right to come before a judge in a timely manner. This is a time, resource and paper consuming process that kills all but the very big fish in corporate America.

      Sad, but true.....

      --
      Do you have Linux and a DotPal? Click here now!
    4. Re:the system, not just the law by thomas.galvin · · Score: 2

      A judge can reject a case if she thinks it is frivolous, *plus* a defendant can counter-sue for any bills incurred. It's not perfect, but it does work pretty well.

      Not well enough. There is an overriding fear of being sued in America, so much so that recieving a letter saying "We will persue legal action" is more often than not enough to persuade someone to take a course of action.

      Also, we shouldn't have to rely on a judge to recognise that a case is frivolous; it's wonderful when it happens, but the legal system should be fair enough that, even when a case goes to trial, the verdict comes down on the side of the person with the best legal argument, not the person with the best legal team, or the person who can afford to drag the case out the longest.

    5. Re:the system, not just the law by kadehje · · Score: 3, Insightful

      The really depressing thing is that, even though I can see the system is broken, I really have no idea what to do about it. The system needs to be reformed, but I'm not entierly sure where to start.

      How about a new law or constitutional provision guaranteeing those named as defendants in civil lawsuits to competent, court-appointed attorneys if the defendant cannot afford to pay for legal counsel? In criminal cases, the right to legal counsel regardless of ability to pay for it has been established by the Miranda vs. Arizona case (it's one of the so called Miranda rights: "You have the right to remain silent...")

      Granted, it won't be a perfect fix, but I think it would be a start. Court-appointed attorneys usually aren't the most skilled in the nation, but they would certainly be competent enough to defend an individual against a ridiculous lawsuit based primarily on the premise of getting the defendant to agree to a certain course of action because he/she doesn't have the money for lawyers to fight back.

      Why shouldn't the same standards regarding due process of law that are used in criminal matters be used in civil matters as well? The consequences of one losing a $250,000 lawsuit (currently allowable under copyright law) can be as least as harmful to one's lifestyle as getting sent to jail for a couple of years for a drug offense. People should have the same basic right to protection from B.S. lawsuits as they do from B.S. criminal convictions.

    6. Re:the system, not just the law by thomas.galvin · · Score: 4, Insightful

      Couple this with the 'just world' mentality, so prevailent in our culture today. The 'just world' mentality states that people have assets and wealth (or lack thereof) in amounts they deserve.

      I used to subscribe to this worldview; I still hold one form of it. I believe that if a person earns something, they are entitled to it's use.

      Unfortunatly, how much you contribute to something, and how much you recieve for your constribution, are now two very different things. I have a friend who wrote a multi-million dollar program, but the company he worked for recieved the vast majority of the profits for his work. This is unfair.

      How often does some uncaring yokel chime in with, "Yeah well, I know [Walmart] is loaded with cash and lawyers, but thats because they worked hard and made all the money, so they deserve an advantage."

      This is where it gets sticky. I really don't begrudge WalMart the money they have earned. I believe that they have compteted, for the most part, fairly. The fact that other companies or people do not have the resources to compete in the market is not unfair, it's business.

      This does not apply, however, to the law. The law is supposed to provide equal protection to everyone. While I do not begrudge WalMart thier money, I do begrudge their ability to mainpulate the legal system with it.

      Before we can fix the inequality with respect to access to legal defence, I think you have to get more people understanding that being rich or being poor doesn't neccessarily denote what you contibuted to your society, nor it the world 'just' in this manner.

      This is very true. Back when I was a bright-eyed high-schooler, I used to think that the Free Market (TM) magically rewarded the people who deserved to be rewarded. I now know that this is not always the case; in fact, it may very well be more the exception than the rule. In school, they teach you about the American Spirit, self-reliance, and the value of the individual; or at least they used to. But in the real world, it's all about corporate mergers and seeing who can throw the most cash around.

      Too often you see people equating success and wealth with deservedness, so in many people's eyes, your complaints arn't a problem at all .. the richer person _should_ have an advantage according to certain people.

      That is, in some cases, true, but I am more disturbed by the facts 1. that so few people realize the advantage the rich have in the legal system, and 2. that so few people that do know, care.

    7. Re:the system, not just the law by thomas.galvin · · Score: 3, Insightful

      That is at least a start. It doesn't solve the problem of being able to buy better councel, but it is a start.

      Something needs to be done to level the playing field. I hate to even mutter it, as it smacks of government-overintervention, but I am almost coming to believe that there should be court-appointed attorneys for both sides. This isn't a case of government-vs-civillian, where the government could toss someone away for a few years by giving them intentionally inadequate council, it's a case of civilian-vs-civillian, with the government as a (hopefully) neutral third party. If both sides had to make do with the same resources, then it would be the law that determined the outcome of legal preceedings, not money.

    8. Re:the system, not just the law by multimed · · Score: 1
      Not well enough. There is an overriding fear of being sued in America, so much so...

      I'm trying to decide if think that should be considered or not. It's a indirect symptom, and a trailing one at that--and even if everything were magically fixed, this fear would still exist for some time. Granted I agree that the fear of suit is perhaps the single greatest harm and worse yet the least visible. BigCo, Inc sends completely groundless cease & desist letter to Joe Average, 9 times out of 10, Joe does and that's the end of it. And unless you are Joe, you never even hear about it.

      --
      Vote Quimby.
    9. Re:the system, not just the law by multimed · · Score: 1
      How about something along the lines of binding arbitration. Preliminary courts are created, and all civil suits must go through the preliminary court. Both sides are allowed very brief statements--say a one page document of facts and one page explaining their case. A judge says either 'yep this can continue forward' or 'nope get outta here.' Either side can appeal and go through what the same process we have now, except loser pays both sides leagal fees and the burden of proof is now higher because it's an appeal--say switch it from "preponderance of evidence" to "beyond a reasonable doubt."

      Such a system should protect the small guy better because the initial judge would/should be more likely to thin out frivalous suits. In the event that the big company appeals, the higher burden of proof along with the loser pays should protect the small guy better, and yet everyone is still free to spend their (possibly) hard-earned millions of dollars on lawyers.

      I would think it would help the courts out by clearing a lot of faultless lawsuits, letting them spend more time on real ones. It would speed things up a ton a well and at least in my mind, would shift the focus to be more fact based and less about stacks of motions.

      Maybe it would be better to have the loser of the preliminary hearing pay rather than the loser of the appeal.

      --
      Vote Quimby.
    10. Re:the system, not just the law by NitroWolf · · Score: 1

      A judge can reject a case if she thinks it is frivolous, *plus* a defendant can counter-sue for any bills incurred. It's not perfect, but it does work pretty well.

      This is a common misconception. It must be specifically written into the law that the disputing parties can then collect legal fees from the "loser." *MOST* laws are *NOT* written this way, and very few, specific laws allow for recompensation for expended legal fees, even if you are the winner.

      There are a couple ways around this, but they are difficult to persue. This is why it's often quite a shock to those actually engaging in legal jousting, who have never done it before. It costs money, and everyone loses money in the end, regardless of the fact that you have won or not, unless you are involved with one of those lucky laws where provisions have been made for the winner.

      IANAL, but I am embarking on a fairly large civil case soon, and my lawyer and I have gone over lots of details. I have a strong case (it actually involves a fight against the DMCA, heh), and I will probably win, but my lawyer has informed me that even when/if I do win, I'm still going to be out a boat load of money. So I'm mentally perparing myself to throw $20,000 down a rathole, effectively, to take a moral stand against a large corporation, and I'm hoping to set a precedent in the process (against the DMCA, among other laws). Fortunately, I'm single and relatively debt free, with a sizable savings... it's going to hurt, but if $20,000 gives a large corporation a black eye and sets a precedent for future suits of this nature, then I'm going to suck it up and drive on. I'm tired of sitting back and taking in the rear from major corporations who try to throw their weight around.

      Yes, given I get the go ahead from the lawyer, I will be making the case specifics public after the dust settles, as of right now, I have zero intention of settling out of court, and if it comes to that, I will not sign a provision for a gag order. Right now, I think I have the consitution to follow through with my grand pronoucements, lets just hope my will holds up. :)

    11. Re:the system, not just the law by Kindaian · · Score: 1

      1. that so few people realize the advantage the rich have in the legal system, and

      There are those that know, but think that it only applies to the so called "hackers" [with the new term meaning, not the golden days meaning]... not the the public at large...

      2. that so few people that do know, care

      The problem is that those that know, don't have the resources nor the time to really care... because in that moment they will only live to fight it...

      Welcome to the new slavery days...
      America the consumer slave country...

      Cheers...

    12. Re:the system, not just the law by under_score · · Score: 2

      You said:

      The really depressing thing is that, even though I can see the system is broken, I really have no idea what to do about it. The system needs to be reformed, but I'm not entierly sure where to start.

      I don't imagine that this suggestion will make you feel much better, but I personally think that the only solution is _very_ long-term and spiritual, not procedural. I come from the Baha'i Faith, and in our scripture it says:

      The well-being of mankind, its peace and security, are unattainable unless and until its unity is firmly established.
      There is an excellent and logical paper written which addresses the issue of justice very carefully and insightfully at: The Prosperity of Humankind

      Hope that helps a little.

    13. Re:the system, not just the law by Anonymous Coward · · Score: 0

      > BigCo, Inc sends completely groundless cease & desist letter to Joe Average, 9 times out of 10, Joe does and that's the end of it. And unless you are Joe, you never even hear about it.

      And you're still 'trying to decide'???? WTF is wrong with you?

      No wonder this system is fucked up.

    14. Re:the system, not just the law by Anonymous Coward · · Score: 0

      The important question is, how many times out of ten is Joe Average breaking the law?

    15. Re:the system, not just the law by Anonymous Coward · · Score: 0

      Unfortunatly, how much you contribute to something, and how much you recieve for your constribution, are now two very different things. I have a friend who wrote a multi-million dollar program, but the company he worked for recieved the vast majority of the profits for his work. This is unfair.

      But is it? Really? I mean, yeah, he wrote some code, but was it the code alone that made it a multi-million dollar app? Or did it maybe also involve the marketing team, the sales team, and the execs who took the plunge and risked some of their money on it?

      I'm no fan of big corporations, but programmers all too often see programming as the only part of the picture that 'matters'.

  66. I smell a patent... by Trillan · · Score: 1

    "A method for posting prices which mislead consumers emotionally and thus increasing sales while adhering to all legal requirements."

  67. What I want to know is ... by ninewands · · Score: 2

    What the hell "technical measure protect content" did these guys "circumvent" in order to run afoul of the DMCA ... opening Wal-Mart.com with a web browser is legally the equivalent of opening a newspaper to page 6A ... and republishing prices is legally the same as gossip!

    Sounds to me like somebody needs to tell these retailers to piss uphill and then, if they get sued, move for sanctions against the retailers' lawyers.

    Damn-fool insurance lackies wail and moan about "frivolous personal injury lawsuits" ... THIS (if it wound up in court) is the definition of a frivolous lawsuit.

  68. sheesh by Anonymous Coward · · Score: 0

    Just because you don't have a clue doesn't mean *everyone* is SOL. Try any search engine, or maybe reading the comments here.

  69. Those who favor tort reform take notice by Anonymous Coward · · Score: 0

    FatWallet is declining to fight the this due to the cost even as our system stands now and therefore allowing this abuse to stand. Imagine if "loser pays" or damage caps come into use. It would further discourage parties from sticking up for their rights due to punitive costs and cash outlays that could sink a business even if in the right.

  70. Buy Nothing Day by JKnowledge · · Score: 4, Informative

    Adbusters sponsors Buy Nothing Day on Black Friday. They raise money to buy ad space on a major cable channel to promote it. I think it is a small step towards curbing maddened consumerism, but it will take much, much more.

    1. Re:Buy Nothing Day by martyn+s · · Score: 1

      Adbusters is just a commodification of the whole anti-consumer counterculture. Try Stay Free! Though, it's published much less frequently than adbusters.

    2. Re:Buy Nothing Day by LostCluster · · Score: 4, Insightful

      Buy Nothing Day is an outright failure. Friday-after-Thanksgiving remains the largest shopping day of the year despite their efforts. Furthermore, the sales that are offered on that day are often the lowest prices of the year on the targetted blow-out items. Therefore, not shopping on that day causes the people to buy things on a day when the price is higher, putting more money in the store's wallets. It'd be more effective if AdBusters advocated not buying things on any day in the holiday season, but who'd go along with that?

    3. Re:Buy Nothing Day by LostCluster · · Score: 2

      But the problem is, if you boycott on Buy Nothing Day, you're likely to just slowly deposit the same money into their hands in small parts throughout December... same end, different way of getting there.

      How about you buy nothing from now until Dec. 26 when all the big closeouts happen anyway. What's that? You got a family? Oh...

    4. Re:Buy Nothing Day by DavittJPotter · · Score: 4, Insightful

      The largest problem with this, however, is that by "buying nothing!" you're not helping the weak economy in our country. We need to stimulate the economy so people have more confidence in buying items, and helping to climb out of recession. Everyone sitting on their cash isn't helping, contrary to what you may think. I'm not advocating blowing your entire check, but by all means, do your Christmas/holiday shopping. We all cry about how we can't find jobs, and how pitiful the economy is, but these little protests aren't helping the situation any.

      The comments about 'maddened consumerism' and 'rampant consumption' are strongly worded and designed to elicit an emotional response - and yet you claim the *retailers* play dirty? Wow.

      Seriously. Our economy is dependent on the buying and selling of goods. Or, as a wiser man once said, "You've got to spend money to make money."

      --
      "If there's hope, it lies in the proles..."
    5. Re:Buy Nothing Day by 0vi_king · · Score: 1

      The largest problem with this, however, is that by "buying nothing!" you're not helping the weak economy in our country. We need to stimulate the economy so people have more confidence in buying items, and helping to climb out of recession.

      Hmmmm.... Anyone engaged in that sort of activity MUST be a terrorist!

      --
      - Life is what keeps you occupied while you are waiting to die
    6. Re:Buy Nothing Day by patter · · Score: 1

      The largest problem with this, however, is that by "buying nothing!" you're not helping the weak economy in our country. We need to stimulate the economy so people have more confidence in buying items, and helping to climb out of recession. Everyone sitting on their cash isn't helping, contrary to what you may think. I'm not advocating blowing your entire check, but by all means, do your Christmas/holiday shopping. We all cry about how we can't find jobs, and how pitiful the economy is, but these little protests aren't helping the situation any.

      The point of this protest is to not be duped about saving a few pennies one day a year, and excercising your right to choice as a consumer (a protest against maddened consumerism not all consumerism).

      The fact is that big business should not dictate when we shop. Once you're worn out from fighting through throngs of people being assholes to each other, your JUDGEMENT suffers, therefore you could end up buying crap you don't need in the 'frenzy'.

      The protest is about not falling for that game, not suggesting we never spend a penny.

      This has nothing to do with the US or any economy it's about conusmer choice -- if M$ had a 'black friday' sale, would you see the duplicity there? Extend that reasoning, and you'll see why you've missed the point of the protest completely. ;)

      --
      -- If at first you do succeed, try to hide your astonishment. -- Harry F. Banks
    7. Re:Buy Nothing Day by j-beda · · Score: 2
      The point is not to stop spending money, but rather to make informed decisions about buying. Pumping money into the economy by purchasing lots of "GI Joe with the Kung Fu Grip (TM)" dolls is really not as effective as using that money to purchase durrable goods or productivity material.

      Buying stuff just for the sake of buying stuff is really not a very sustainable way of running an economy. Need, quality, and value should really enter into the system.

    8. Re:Buy Nothing Day by stuartkahler · · Score: 1

      If you want to stick it to them, ONLY buy items that have been marked down to door-buster prices. i.e. free-after-rebate or items that are marked down 50% or more. Don't even accessorize with cables or service plans. Don't buy regularly priced DVDs to go with your new DVD player.

  71. When the Government gets involved... by waltc · · Score: 1

    ...This is the kind of resulting nonsense you can expect--laws, laws, and more laws--a virtual feeding frenzy for lawyers. And of course the private citizen and his freedoms are relegated to the bottom of the stack.

    So thank you SUN, and thank you Netscape, for spending all of thise millions of $$ lobbying on Capitol Hill to convince the government how evil Microsoft is (all so that you could maybe get a leg up competitively.) As an offshoot of all of this everything we know as "digital" will slowly but surely fall under the government's domain, and there will be plenty of laws and plenty of work for lawyers from here on out. And the rights of consumers and citizens will be trampled. The irony is it's all done "for the public good", isn't it?

  72. Time for a new american revolution by boy_afraid · · Score: 1

    I think it's time for a new american revolution. With all the crappy new laws stripping our rights away, this is just one more reason. The DMCA is bad, m'kayyy?

  73. Can you say Price Fixing? by craenor · · Score: 0

    I knew you could boy's and girl's.

    Maybe it's just me, but doesn't this seem like an effort among the big chains to keep their prices quiet so they can discuss them amongst themselves to maximize profits?

  74. Why they want to stop the "advertising" by Apro+im · · Score: 5, Insightful

    Black Friday is a field day for stores... they essentially thrive on making people make rush purchases - this is why so many sales end at noon or early afternoon. The trick is, while everybody is slashing prices - sometimes to below cost, make your store the priority store to go to... now when you give people maybe one or two days to figure out all the deals, they're less likely to systematically plan and take advantage of the best deals, after all - the best deals aren't why they want you at their store - they want you to make periheral purchases, which are worse deals - ones which make them profit. However, if you can plan your shopping much in advance knowing all the prices, you are more likely to buy the cheapest stuff from store A, the cheapest stuff from store B, etc, without bothering to even look around very much at the other deals, since you already know all the prices.

    It isn't that these stores aren't competetively priced, as some have suggested, it's simply that the competetive pricing is only a lure - giving all the prices for hot items makes that lure nearly worthless.

    1. Re:Why they want to stop the "advertising" by Alizarin+Erythrosin · · Score: 2

      Either that, or they do things like CompUSA did to my friend. He went there to get a hard drive they were advertising that was bloody cheap. He got there 5 minutes after they opened and they were already sold out. They only had 3 of them per store. So he bought a bigger hard drive that was I think something like $20 more. Maybe in the end a better deal but he was still pretty pissed about it.

      --
      There are only 10 kinds of people in this world... those who understand binary and those who don't
    2. Re:Why they want to stop the "advertising" by betanerd · · Score: 0

      I agree with what your saying, but I think that tat you have two holes in your theory.

      1)The "Black Friday" newspapers come out on Wednesday giving you 24+ hours to plan your shopping day. I cant imagine anyone spending more than 1hr to look over the ads ad determine what they want most.
      2)It's been my experience (both as a consumer and retail employee) that you generally will not have the option of visiting more than one store and still get all of the really hot items. (CIP - Bestbuy had their shelves cleared of the really good deals ( Hard drive and I think a video card?) less than two minutes after they opened last year.

      --
      Insert sig here (slashdot) Insert cig here (Lewinsky)
    3. Re:Why they want to stop the "advertising" by Apro+im · · Score: 1

      Nobody wants to spend more tha an hour in one day, sure... But give them a bit more time, spending a few minutes a day - or even half an hour a day drooling over good deals... maybe.

      While what you're saying about merchandise going fast is true, last Black Friday, when I went shopping with my family, we hit the stores in squads, some going one place, some going another, and still others going elsewhere. Perhaps they were worried that this planning would get more organized? Especially, if everybody goes to CompUSA, for example, instead of BestBuy, they're sold out of the great deal, and so, assuming that BestBuy is almost wiped clean, too, and not wasting the time to go there, tons of people make the "peripheral purchases" that they're counting on... like that more expensive hard drive of the previous poster's friend.

  75. Way too broad but not long enough by Anonymous Coward · · Score: 0

    Yet another reason why the DMCA is WAY TOO broad in its scope.

    I took a picture of my penis with my digital camera in order to stop people from talking about it. Turns out the blighter is so big even the DMCA doesn't cover it.

  76. wrong law? by skydude_20 · · Score: 2

    wouldn't the release of these 'secret' prices beforehand, thus resulting in competitors finding a way to sell cheaper that you, not fall under DMCA laws but something more onlong the line of industrial sabbotage? (or something like that, I wouldn't know for sure).

    --
    Jesus saves souls and redeems them for valuable cash prizes
  77. Re: Don't be stupid... by Anonymous Coward · · Score: 0

    The retailers *created* Black Friday! Duh. They want you to brave the crowds.

  78. Re:I Love SexyKellyOsbourne! by 0x0d0a · · Score: 0, Offtopic

    You know, this is the second time that I've been modded down for responding to a post that was either offtopic or analyzing the Slashdot moderation system. If you don't like the original post by the troll, that's fine. Don't mod legitimate posts down, though.

    My comments were both relevant and useful to the Slashdot community. /me in a huff

  79. I know I've said this before... by talks_to_birds · · Score: 2
    ...but this is further proof that someone needs to take all the lawyers out and shoot them.

    Then, go after the politicians...

    t_t_b

    --
    I'm on PJ's "enemies" list! Are you?
    1. Re:I know I've said this before... by talks_to_birds · · Score: 2
      Metaphorically speaking, of course...

      t_t_b

      --
      I'm on PJ's "enemies" list! Are you?
    2. Re:I know I've said this before... by Anonymous Coward · · Score: 0
      Then, go after the politicians...

      No need, really - take out the Lawyers and the politicians will naturally starve to death...

      There's a REASON why the Trial Lawyer's Association is one of the biggest, if not the biggest by far, contributor to legislator's campaigns...

  80. More Effective On Politicians by Steve+B · · Score: 2

    Actually, this sort of thing has more impact in the elective political arena than in the courtroom (where it might get dismissed as irrelevant to other DMCA cases). I'd love to see one of the clueful minority on the Hill cite this example and force a testilying Hollyweird lobbyist to defend it.

    --
    /. If the government wants us to respect the law, it should set a better example.
    1. Re:More Effective On Politicians by Shadow+Wrought · · Score: 1

      I think you're right in that it could get excluded as irrelevant or non-responsive, but it would be great for the scenario you describe. A truly wonderful visual as well;-)

      --
      If brevity is the soul of wit, then how does one explain Twitter?
  81. Free advertising by davidmcn · · Score: 1

    Lets see, free advertising.....or no positive publicity.......free advertising....or my competitors knowing my prices.....oh wait, they can figure that out from a flyer on Sunday morning. For petes sake retailers, are you pissed because other people carry the same products at lower prices than you and you don't want to honor your "we'll beat any of our competitors price's" kind of mottos? Makes me not want to patronize your stores.

    --
    Memories become legend, Legend fades to myth, and even myth is forgotten by the time that age comes again.-Robert Jordan
  82. good enough reason to join adbusters campaign by jorr · · Score: 1

    Let them request the prices not be displayed...we can join the do not shop campaign: http://adbusters.org/campaigns/bnd/

  83. What we're missing here by ChaoticLimbs · · Score: 1

    What we've mostly failed to note here is the emphasis that these sales announcements are, at present, trade secrets for retailers. An early announcement of their intended sales price allows their competitors to undercut them. The information here is stolen or obtained with less than honest intentions. What fatwallet misses out on mentioning is that this information is held as secret by the retailer and for good reason. I would sympathize if they were just releasing current flyers, but this information is the retail equivalent of insider trading. I support the EFF, and I disagree with the DMCA , but I can't support the free release of information that serves to damage retailers.

    1. Re:What we're missing here by hether · · Score: 2

      I agree that what they did is not ethical. The question is though, while this may be insider trading, is that covered by the DMCA? Why is this considered a copyright violation rather than something like insider trading or even corporate espionage? I don't see how the DMCA should have been the policy that was enforced here and I don't understand how prices are copyrightable.

      --

      Most people would die sooner than think; in fact, they do.
  84. Buy Nothing Day by Phreakiture · · Score: 2, Informative

    I would like to make a suggestion that is somewhat radical, but I will make it anyway. After all, if you can't say something radical on /., where can you say it?

    For the past four or five years, a group called Adbusters has sponsored an anti-consumption event, called Buy Nothing Day. It takes place on Black Friday. I will be one of the participants who leaves my wallet in my pocket for the day, and by so doing, avoids the consumer orgy. For more information, go to Adbusters' page on Buy Nothing Day.

    Of course, I will also be putting Staples, Wal*Mart, Target and BestBuy on my shitlist and spending my money elsewhere for a period of time that I haven't yet determined (suggestions? I was thinking 6 mos maybe) unless they reverse their stance before Monday, and letting them all know why. I think you (yes, you who are reading this right now) should join me in this.

    --
    www.wavefront-av.com
  85. NDA next? by dzerkel · · Score: 1

    Next thing you know, it will require an NDA to make a purchase.

    -----
    Danny

    --
    "What's the point of going abroad, if you're just another tourist..."
  86. False Advertisement by facundo · · Score: 1

    Maybe it's because the price they claim is just to get you to their site, but that price tag is false?

  87. Re:Copyrighting Prices - NOT!!! by Anonymous Coward · · Score: 0

    It's NOT about copyright. The problem apparently is that FatWallet is publishing unpublished price data for sales. As such, the businesses are claiming that it's competitive business intelligence, or something like that, and disclosing it is the same as disclosing the secret formula for Pepsi (one part fizzy water, 1 part battery acid, and 1 part ratp*ss).

  88. I suggest we all email these companies by laigle · · Score: 1

    Wal*Mart

    Target

    Best Buy

    Staples

    That's the list for those who skipped the article. The websites for contacting them that I found were:

    http://www.walmartstores.com/wmstore/wmstores/Ho mePage.jsp?template=OnlineForm.jsp

    http://www.target.com/exec/obidos/handle-generic -form/ref=ref-tag/601-9021845-6802517?action=next% 2dpage&target=help%2fself%2dservice%2demail%2dform %2ehtml&display=sug&browse=1039412%20&method=GET+

    http://www.bestbuy.com/infoCenter/ContactUs/CRGe neral.asp

    (No online contact to the Best Buy corporate office, but this is pretty close).

    http://www.staples.com/help/contact/Contact.asp? Type=other_quest

    1. Re:I suggest we all email these companies by laigle · · Score: 1

      Okay, so those don't seem to work with cut and paste. Sigh. It only took me a couple minutes, you can find the contact forms/emails on those sites too. Let them know what you think.

  89. How FatWallet can fight back by Arcturax · · Score: 3, Insightful

    Pulling the ads was the right thing, it will generate mass publicity (like getting it on /.) and will make the corporations look even more wrong (which they are). Next step is to put a section on the front page in nice plain view stating that these comapnies are evil and that FatWallet will no longer help advertize for them. Then add a section thanking all the other stores that did not DMCA them and encourage shoppers to go there instead, thus funneling people towards Best Buy and such's competition.

    --

    --Won't that be grand? Computers and the programs will start thinking and the people will stop. - Dr. Walter Gibbs
  90. They should post different prices by nevets · · Score: 2

    What if they post all the prices minus one. So if Walmart sells object X for $4.95 show that it is $4.94 and state to get the actual price, you need to add $.01. That way you are not using the actual price and thus you are not infringing on the copyright :-)

    --
    Steven Rostedt
    -- Nevermind
  91. Black as in "in the black" financially by morcheeba · · Score: 2

    Black as in "in the black" financially. The idea is that all of the year's profits will be made between that friday and the end of the year. Not literally, of course, but they're looking for this time period to meet forecasts for the year.

  92. I am a big fat pinko! by Thud457 · · Score: 2, Informative

    My answer to this : Buy Nothing Day.

    "See? I didn't take advantage of commonly available price information to make an informed decision!"

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  93. Minimum adv ertised price by taustin · · Score: 2, Interesting

    I suspect that MAP (minimum advertised price) is involved in this somewhere. If so, it's gonna get ugly.

    Most big retailers advertise. A log. Direct mailers - junk mail - and TV ads are very effective. They bring in business. But ads are expensive, so retailers go to manufacturers and say, "Hey, how about you pay for part of this ad, and we promise to include your products." Manufacturers, not being stupid, say "Sure!"

    But manufacturers have to take care of all of their customers, not just some, so they set rules. One of which is MAP. They only contribute to the cost of an ad campaign if the retailer promises to not advertise below a certain price (which would undercut other retailers). If they do advertise below that price, they lose the ad dollars.

    Since retailers - also not stupid - know they can approach multiple manufacturers, they can often get their advertising nearly for free, by getting a little bit of the cost from many manufacturers. So there's a lot of money involved, and much of it is subjected to MAP rules.

    I've always wondered why MAP doesn't violate the anti-trust laws, but I am no lawyer.

  94. What the hell is happening to the USA? by Anonymous Coward · · Score: 2, Insightful

    Yeah, this might be slightly off-topic, but please read before passing judgement...

    Is it just me, or is the number of YRO-type issues increasing? It just seems that over the past few months, more and more of our freedoms are being taken away. It seems to be getting harder to do anything without being hit with the threat of a lawsuit (under the guise of the DMCA or some other law). Corporations seem to have attained, or are very close to attaining, some sort of demi-god or god-like status in the eyes of the government, untouchable by any laws. Politicians left and right, Democrat and Republican, are increasingly coming under the influence of the big dollars that corporations and special interest groups bring. Is it just me, or is our country no longer free? Is it just me, or is our government no more than protectors of corporate interests? Is it just me, or are the efforts of the EFF and other organizations no longer effective? Is it just me, or is it time for more civil disobedience, protests, marches, and the like?

    1. Re:What the hell is happening to the USA? by Garridan · · Score: 1

      " Is it just me, or is our country no longer free? ... ...Is it just me, or is it time for more civil disobedience, protests, marches, and the like?"

      Yes, and yes. Unfortunately, civil disobedience, protests, etc., work against the government, but corporations don't seem to care. The problem is that the people in control are the corrupt and greedy businessmen that are willing to kill their own companies for their personal benefit. Politicians and corporate execs are more than willing to give themselves raises at the expense of the country/company they are supposed to be improving/maintaining. Therefore, most corporations couldn't give a second shit about their customers.

      This is the time for boycotts... but there are too many companies to boycott. You can't hardly live without paying a major corporation for SOMETHING. Try to buy a computer, or a car, or gas, or get power to your house... there aren't good alternatives for a great many things we rely upon in life. Besides, the common man is completely blind to all of this. Most people think that walmart and mcdonalds are gifts from god, and will laugh at you if you suggest a boycott. The educated minority is getting smaller and smaller, and the ignorant majority, who live for laziness and fear of that which they don't know, is getting bigger and bigger. They hold all the sway. This country is fucked. By the time it gets bad enough for the unwashed masses to start noticing, it'll be too late to change.

    2. Re:What the hell is happening to the USA? by Anonymous Coward · · Score: 0

      What a whiney libral you are. Boycotts are supposed to mean sacrefice! You want to boycott but not if it inconvienences you in any way? YOU ARE THE REASON THEY GET AWAY WITH IT. YOU!!!!!

    3. Re:What the hell is happening to the USA? by Garridan · · Score: 1

      I live just about the most spartan life you could imagine. I don't have a car, I don't have a cell phone, or a TV. I buy my clothes at surplus stores. This is not because I am poor; I make good money as a programmer. The money that I make and don't need (about 50%) goes to support the homeless. Whenever I can, I buy my groceries at farmers' markets. My computer is made of recycled parts. I'm not the whiney liberal you think. The rest of the country is what I was talking about. They are the ones who can't do without.

  95. Re:Isnt Linux Customizable? by plugger · · Score: 1


    Operations Manager: "We got all those prices taken off the web, now we won't have hordes of people trying to get into our stores."

    Sales Director: "You're fired"

  96. Posted Anonymously to avoid Karma Whoring... by Anonymous Coward · · Score: 1, Interesting

    In case you're curious, Techbargains.com has some Black Friday deals posted, and as of now they still seem to be up.

    The deals are:

    Upcoming Black Friday Deals, Nov 20
    The day after Thanksgiving, 11/29, rewards those who wake up early to shop! Retailers hope to get in the 'Black' during the holiday season.

    Best Buy 6AM-Noon - 150 Precision 40x CDRs Free AR, DVD Player $39.99AR, WD 75GB Drive & Kbyte 256MB PC133 $49.99AR, Avorcent 48x12x48 CDRW $9.99AR

    Officemax - 16x DVDROM Free AR, DVD-R drive $169.99 AR, Kingston 128MB PC133 Free AR, Hival or KHypermedia 100 pack CDR Free AR.

    Staples 7AM to 10AM - Scanner $16.98AR, 30GB 7200 RPM HD $29.98AR, Cendyne 40x12x48 $9.98AR, Palm m500 $129.99 w/acc kit Free AR, PNY 512MB PC133 $29.98AR, Envision 15" LCD $199.94 AR.

    Walmart 6AM - 11AM - Apex DVD Player $48.76, Kodak CX4300 Digital Camera $154

  97. Show your support at Yahoo by crawdaddy · · Score: 1

    Show your support for the cause at the Black Friday Yahoo Group. It was founded today and already has approximately 700 members as of this post!

    1. Re:Show your support at Yahoo by ShawnDoc · · Score: 2

      If has since been shut down and removed from Yahoo! Anyone know where it has moved to?

  98. Whom to contact? by galego · · Score: 1
    besides the EFF that is. Some contact at the corporations that would actually get any attention? Anyone know?

    I still believe you need to let a corporation know when idiocy or lack of customer service will lose them business. Target and BestBuy are the only two I would really shop from the list anyway...but I would prefer to let them know that, on principle, I'm very willing to shop elsewhere...say folks that do allow their prices to be listed/compared.

    --

    Que Deus te de em dobro o que me desejas

    [May God give you double that which you wish for me]

  99. It's about control by Lumpish+Scholar · · Score: 2

    The flyers are an expression of information. Scanning the flyers and posting the images would be a violation of copyright. The information in the flyers is not protected by copyright.

    Understand, though: this isn't about the information. It's about the control of the information. Copyright should be used as a shield, not as a sword; but that's not what's happening here.

    (The "shield"/"sword" language is from the FATAL SUBTRACTION case.)

    --
    Stupid job ads, weird spam, occasional insight at
  100. Here's all the prices I could find by spotter · · Score: 3, Informative

    Not really formatted well, just copied everything off the hot deals forum at Anandtech (as they havent taken down the ads yet)

    http://www.columbia.edu/~sp2015/blackfriday.txt

    the file probably has somewhere in the 400-500 prices. I'd be willing to put more there, so just email me.

  101. Illegal price fixing by NineNine · · Score: 2

    From what it sounds like, this is simply old fashioned, very illegal price fixing. It won't hold up in court. Hopefully the fed will take them down for this.

    Until I have reasonable "fair use" of media that I buy, and until this price fixing is stopped, I'm just gonna have to leave KazaaLite running.

  102. Where's the beef? by happynut · · Score: 1


    I looked at the site this story points to, but
    there just aren't any details. Everyone is
    exercised about "invoking the DCMA", but no
    one has any of the facts here at slashdot.

    Just what did the letter say? Anyone can send
    a letter about anything, but there is no substance
    here, not even anything to get upset at.

  103. So what to do? by pwtrash · · Score: 1

    At least 2 ways to handle this: 1) Legally - take it to court & fight it. The companies will back off (after Black Friday), you will have spent a buttload of money, and you won't have achieved any lasting effect on the DMCA. 2) As a consumer - write to the four companies in question & tell them that you will not be doing Christmas shopping with them under any circumstances because of their blatent misuse of an already unconstitutional law. Then (and this is the important part) stick by it. Enough letters coupled with a slightly weaker-than-expected revenue stream during the Christmas season and they might get the point. If you want extra credit, e-mail their competitors and mention to them that the reason you will be shopping with them instead of BestBuy or Target is because of this issue. That might help prevent copycats. Plus, you'll have the peace of mind knowing that you're taking the only stand they will ever listen to.

  104. Why are they doing it? A possibility by E1v!$ · · Score: 1

    My guess is some of those sale prices are 'lost litres' (they don't make money on the items, or lose money on them) their sole purpose is to get the customer in to the store (happy meals are the same way. They're to get the Adults to come in and buy food)

    Keeping the information from being distributed produces an ignorant customer who may go only to 1 or 2 stores to purchase their merchandise (having seen news ads only for those 2 stores). A better educated customer will go to many stores, picking up on all the 'lost litres'. In the end the customer pays less, but the stores don't make as much money.

    Too much advertizing(consumer knowledge) is a BAD thing.....

    1. Re:Why are they doing it? A possibility by Anonymous Coward · · Score: 0

      That's "loss leaders" not "lost litres"

      Picky, I know. Not meant to be taken as a trolling/flamebait effort.

  105. What Ads (part 1)? (grin) by elinenbe · · Score: 2, Informative

    Black Friday List

    Best Buy

    Lexmark X73 multifunction printer (less than $100)
    Kodak Digital Camera (i think $100, not sure of model)

    Monsters Inc., Beauty & The Beast, Grease DVD $12.99
    Shania Twain Up, 8 Mile Soundtrack, Eminem The Eminem Show, 3 Doors
    Down, U2 The

    Best Of 1990-2000 CD $8.99
    Panasonic 45 sec No Skip CD Player(SLSX388) $39.99-$10 IR-$5 BB MIR=
    $24.99
    Precision CDR Discs 40x 80 Min 2 pack 150 total Disc bundle
    (5770075) $26-$26 MIR

    = FREE
    Curtis 3 CD Shelf System (RCD855) $37.99
    DVD/CD Player [model may vary by store] (CH-DVD 402/2110) $69.99-$30
    MIR= $39.99
    ALL Wireless phones regularly $149.99 and below are FREE (after MIR)
    with new

    activation
    75GB 7200 WD (WD750BBRTL)/KByte 256MB PC133 RAM (6432ZZGSEM) BUNDLE
    $219.98-$60

    IR-$109.99 Bundle MIR= $49.99
    AVorcent 48x12x48x CDRW (RWJ-481S) $59.99-$30 MIR-$20 MIR= $9.99
    Kodak EasyShare 2 Megapixel Digital Camera (CX4200) $99.99
    Daewoo 25" Stereo TV (DTQ25S3FC) $159.99-$10 MIR= $149.99
    KLH 160 Watt Home Theater System (HA7000/HA9000) $159.99-$30 MIR=
    $129.99
    eMachines Celeron 2.0Ghz Computer 256MB DDR SDRAM, 40GB HDD, 40x
    CDRW, 6 USB 2.0

    ports (T2040) $549.99-$250 MIR = $299.99
    SAME MACHINE AS ABOVE + 15" Samsung LCD Monitor (151V) $919.98-$250
    MIR-$100

    MIR-$70 Samsung MIR= $499.98

    --
    -eric
  106. I hate this shit. by Anonymous Coward · · Score: 0

    You know, it's shit like this that makes me very ashamed to be a Born and Bred American. Land of the Free eh? Free to get screwed by the corporations here maybe.

    Any one know if Sealand is planning on bulding any Condos? I'll be the first tennent. This countries legal system is getting way out of hand. 1984 gets closer and closer to reality every day.

  107. Here's how to get them back using consumer laws... by TheMayor · · Score: 3, Informative
    [Sorry about my previous blank post.. my sausage like fingers accidently hit the return key.]

    Anyway, a lot of these sales include prices after manufacture rebates. Bare in mind that many states, like the one I live in (Connecticut), have laws preventing retailers from advertising the net cost of an item after a rebate. Even if it says in small letters below the big shiney price (after $100 rebate), retailers can't do that. They must give the rebate at the time of purchase if they advertise like that. Check with your state's state library, or department of consumer protection to see if you have a law like this.

    Here is the law from Connecticut:
    (notice paragraph e)

    Sec. 42-110b-19. Advertising "free," "reduced," "discount," "below cost,"
    or a rebate

    It shall be an unfair or deceptive act or practice to:

    (a) Advertise any merchandise or service as free by the use of the word
    "free" or any other terms of similar import when the merchandise or service
    is not, in fact, free (see (d) below). Failure to disclose any and all
    terms, conditions and obligations required of the consumer shall be a
    violation of these regulations.

    (b) Advertise the price of merchandise or service as a reduced or sale
    price, or compare the price to a previous price unless the advertised price
    is lower than the actual, bona fide price for which the merchandise or
    service was offered to the public on a regular basis by the advertiser, for
    a reasonably substantial period of time prior to the advertisement or as a
    discount price, unless the advertised price is lower than. the price being
    charged for the same merchandise or service by other sellers in the area;
    provided, however, in the case of a new product, if the advertised price is
    less than the price which the advertiser, in good faith, expects to charge
    after termination of the introductory sale, there is no violation of this
    subsection. The actual price after the sale shall be evidence of the
    advertiser's good faith expectations.

    (c) Advertise the price of any merchandise as below cost, unless the price
    is, in fact, below the cost for which the merchandise was purchased and
    prepared for sale by the advertiser.

    (d) Advertise merchandise or service as free or the price of merchandise or
    a service as a discount, reduced, or sale price if receipt of such
    merchandise or service is contingent upon the purchase of other merchandise
    or service at a price which is higher than the actual, bona fide price at
    which the merchandise or service was offered to the public on a regular
    basis by the advertiser for a reasonably substantial period of time prior
    to the advertisement, or at a price which is substantially higher than the
    price being charged for the same merchandise or service by other sellers in
    the area; provided, however, in the case of a new product, if the
    advertised price is less than the price which the advertiser, in good
    faith, expects to charge after termination of the introductory sale, there
    is no violation of this subsection. The actual price after the sale shall
    be evidence of the advertiser's good faith expectations.

    (e) Advertise the availability of a manufacturer's rebate by displaying the
    net price of the advertised item in the advertisement, unless the amount of
    the manufacturer's rebate is provided to the consumer by the retailer at
    the time of purchase of the advertised item. A retailer will not be
    required to provide the purchaser of an advertised item with the amount of
    the manufacturer's rebate if the rebate advertises that a manufacturer's
    rebate is available without stating the net price of the item. For the
    purpose of this subsection, "net price" means the ultimate price paid by a
    consumer after he redeems the manufacturer's rebate offered for the
    advertised item.


  108. Re:What Ads (part 2)? (grin) by elinenbe · · Score: 1

    Staples:

    Black Friday 7AM - 10AM. Remember they have 14 days price guarantee.
    Should have

    info on non 7AM-10AM soon. Good luck.

    499667, 499449 scanner $79.98 - $63 mir = $16.98
    493300 Ezonics PC Camera 2pk $59.98 - $25 is - $25 mir = $9.94
    496430 30gb 7200 rpm HD $79.98 - $50 mir = $29.98 ß isn't there
    another valid

    rebate?
    488960 cendyne 40x12x48 burner $59.98 - $50 mir = $9.98
    457057 Palm m500 $144.99 - $15 is = $129.99 plus get 484854
    accessory kit $39.99

    - $15 is - $25 mir = FREE plus get 499648 Austin Powers Pinball game
    $2.99 -

    $2.99 is = FREE
    466913 HP PSC950 $199.98 - $50 mir = $149.98
    493000 HP 940 remanufactured $79.98 - $10 is - $30 mir = $39.98
    469920 HP 318 $139.98 - $10 is - $50 mir = $79.94
    463438, 480124 Sandisk 128 CF or smart media $69.98 - $32 is - $10
    mir = $27.94
    478328 PNY 512 ram $129.98 - $80 is - $20 mir = $29.98
    473998 Zline Corner Desk $49.94 (after 50% savings)
    490583 Envision 775e $164.98 - $87 mir = $77.98
    450433 Envision 15" LCD $359.98 - $60 is - $100 mir = $199.94
    496731 100pk cdr $37.98 - $18 is - $20 mir = FREE
    489577 25pk jewel cases $9.98 - $6 is - $4 mir = FREE
    498449 5 sheet shredder $13.94 - $5 mir = $8.94

    Some other items good Fri & Sat.
    430251 HP G85 $199.98
    047298 Sharp AL800 $199.98
    443412 ATP3 Speakers $79.98 - $20 is - $30 mir
    496442 Cendyne DVDr/rw $299.99 - $50 is - $50 mir = $199.94
    479814 DVD rom $79.98 - $20 is - $20 mir = $39.94
    496741 2pk 4-port USB hub $29.98 - $10 is - $10 mir = $9.94 ß
    guessing USB 1
    457395 PNY 256 $69.98 - $45 is - $15 mir = $9.94
    491698 Cobra 104 $49.99 - $20 is - $10 mir = $19.94
    425803 Scotch tape dispenser $3.29 - $3.29 mir = FREE
    water 2 cases for $9
    450431 Envision 19" $199.98 - $100 mir = $99.98
    $150 mire desktop pc package or laptop
    $100 is on most bto pc & monitor package
    $200 is on bto desktop or laptop

    --
    -eric
  109. Re:Even the DMCA can't stop this by Anonymous Coward · · Score: 0

    I likes chokomut ice creem!

  110. WHERE ARE THE TAKEDOWN LETTERS????? by GeneralEmergency · · Score: 3, Interesting



    I want to see the damn takedown letters!

    I want to read the greasy, obscene ooze penned by those lawyers under command of these retail Nazis!

    I want that legalese filth to stain my nostrils with a stench so powerful that it will be constant reminder to me during my xmas shopping.

    Do you read me, Wal-Mart, Target, Staples and (Not)Best-Buy?

    --
    "A microprocessor... is a terrible thing to waste." --
    GeneralEmergency
    1. Re:WHERE ARE THE TAKEDOWN LETTERS????? by MImeKillEr · · Score: 1

      Someone's asked for these on the Black Friday group on Yahoo.

      I'm monitoring the thread and will post the URL if/when they're made available.

      --
      Cruising the internet on my TI-99/4A @ a whopping 300 baud!
  111. Deliberate or just stupid? by Badgerman · · Score: 2

    A point of speculation:

    I have a hard time seeing how the DMCA protects this price information.

    Apparently, some people see otherwise. Namely, those with something to gain.

    So, I wonder if the broad and poorly-worded DMCA is being "deliberately misunderstood" for various reasons. IE people are going to get as much out of it as possible - and always have the excuse of a poorly-written law to fall back on.

    Or maybe I'm just cynical. Well, more than usual.

    --
    "The Sage treasures Unity and measures all things by it" - Lao Tzu
  112. Has this been researched? by sittius · · Score: 4, Interesting

    Okay. Mod me down to old and stupid, but while this article may be true, so far I haven't seen anything (other than the URL referenced in the summary ) confirming this. Sure, there's a link in this ( the Slashdot ) thread to a DVD discussion group, but has anyone researched this? It seems to be a mighty thin basis on which to be posting an article?

    --
    Xibalba: My hell. Your hell. Our hell!
  113. mirror of the list by elinenbe · · Score: 1

    http://bofhweb.org/

    --
    -eric
  114. Everything2.com by Anonymous Coward · · Score: 0

    Is the best place to go for Slashdot headlines and terms that make no sense to you.

    And don't flame cause you don't know how to stfw. /. has posted a lot more bizarre technical astronomical and programming terms than Black Friday.

  115. Don't buy from them. by grub · · Score: 2


    I've seen many comments saying "Don't buy from these companies" or the like. That's fine, but be sure to let them know why you aren't buying from them!

    Here are some links to:
    Walmart's comment page.

    Best Buy's comment page or call them at 1-888-BESTBUY.

    Target's comment page or call them at 1-800-440-0680.

    Staple's comment page or call 1-800-3STAPLE.

    --
    Trolling is a art,
  116. The only reason they are doing this by Ringwraith · · Score: 1

    Is because they don't want people to see how overpriced their merchandise is. With the increase in shopping portals that aggregate offers from lots of different companies (see shopping.yahoo.com, shopping.msn.com, etc.) it's easy to see how overpriced a lot of the stuff big merchants sell is.

    --
    -- Hobbits suck!
  117. In other news... by zurab · · Score: 3, Funny

    SAFER NATION

    Washington DC - U.S. Department of Justice has just sent e-mails and fax letters to suspected terrorists all over the world warning them that the acts of terrorism are also illegal under the DMCA. The official hard copy letter will follow soon, announced the DOJ spokesperson.

    Given the ease with which anyone can be charged with a DMCA violation as well as severe penalties that follow conviction, it is widely speculated that Justice Department will use this law to combat terrorism worldwide even more effectively.

    "It's great that our government is doing its best against terrorism," - said Nancy from Virginia, - "if this law will help them prosecute these people, yeah, they definitely should use it."

    Meanwhile, Congress, RIAA and its member companies are expected to show wide support to the DOJ on these issues. Nation's lawmakers promise to further improve security and economic stability through such laws as the DMCA. For example, several sources report that Senator Hollings is hard at work to propose an enhanced addition to the current DMCA which would create a central database of suspected DMCA violators. The database would be made up mostly by suspects entered by RIAA and MPAA. This database would then be used for background checks at video, audio, and rental stores when consumers purchase entertainment products. If, for example, someone fails a background check, the product they are trying to buy will cost 80-95% more.

    "I think it's fair" - said Joe from Chicago, - "I don't steal any CDs or DVDs, so I don't want to pay more just because other people steal and companies lose billions in revenue. This way, people who steal will pay more to make up the losses, and I'll get the fair price."

    And Joe is not alone. Lisa from Kansas also believes that "if you don't steal and have nothing to hide, you are fine, I fully support it." Gallup polls have shown over the years that people believe "stealing is wrong." Senator Hollings' law will give yet another weapon to the government and American businesses to defend and protect the nation from terrorists and DMCA violators. The law is expected to pass overwhelmingly both in the House and the Senate by unanimous consent.

    1. Re:In other news... by jpm165 · · Score: 1
      "...people steal and companies lose billions in revenue."

      kudos for spelling 'lose' correctly!

  118. This looks like a good incident... by g_adams27 · · Score: 1


    ...for the US Copyright Office to consider.

  119. No, "fair use" is not the issue here by JoeBuck · · Score: 2

    Fair use gives the conditions under which someone can make use of copyrighted material. But facts can't be copyrighted. Copyright law can't stop me from telling you that BigBox.com is selling whatzits for $39.95, no matter how much BigBox.com wants to stop me from doing so, unless I somehow violated some legal agreement in disclosing the fact.

    1. Re:No, "fair use" is not the issue here by Anonymous Coward · · Score: 0
      Since I represent BigBox.com, the world's leading supplier of whatzits, I hearby request that the above post be removed since it is a violation of the DMCA, YMCA, SOL, and many other acronymed laws that our lawyers can come up with.

      Do it or we'll pout really, really big. And hold our breath. Then we'll go tell our Congressmen that you're a bunch of anti-capitalistic poopyheads!

      Nyah!

      Sincerely and with warmest wishes for a happy holiday season, BigBox.com

      (P.S.: Be sure to tell all your friends about us and our great deals on whatzits!)

    2. Re:No, "fair use" is not the issue here by Theaetetus · · Score: 2
      ... which is what the issue is. They were leaking prices before they were published, using information gotten from people who signed NDAs. Having been informed of the fact that the leakers signed non-disclosures, the site can be considered liable for publishing illegally gotten information.

      It's not copyright at stake, it's leaking trade secrets prior to publishing.

      -T

  120. "How Much For.." by mrkurt · · Score: 3, Interesting

    I have recently left the retail business, so this story just causes me to sit here in front of my machine and chuckle about how absurd the DMCA has become, and how this law has been abused.

    I can tell you that the store where I used to work has a competitive price policy-- we would match the price for the same item if another store had the item currently at a lower price. Of course, to verify this, we would have to call the other store. I can now envision how such a conversation might take place now:

    "Hello, I'm calling to find out the price of a Ralph Lauren polo, blue in color?"

    "I'm sorry sir, I can't reveal that information without you having a Price Licence-- it's copyrighted, ya know."

    Note that this might well be a regular customer, not an employee from a competitor. I assume that this site was posting prices of items from the different stores, and the stores put the whammy on them to discourage shoppers from being able to compare for themselves who had the lowest price. I consider this to be an anticompetitve action which could be prosecuted by the FTC or the Justice Dept.-- but they probably won't be.

    --
    Always look on the briight side of life! (whistle, whistle)
  121. Re:I Love SexyKellyOsbourne! by Anonymous Coward · · Score: 0

    ooh that's cute. You think moderation reflects your value as a person!

  122. it will never end :( we are doomed. by audioplaster · · Score: 1

    if you think this is bad, just wait another year or so. you will see incredible restrictions on all forms of internet communication. the internet is just too dangerous for big business' bottom line. they will do anything to control the user, including buying control of the judicial system, which is now in progress. just look at the records of the current judical nominees... and attorney general... a.p.

    1. Re:it will never end :( we are doomed. by Anonymous Coward · · Score: 0

      The judicial system has already been bought. All republicans are nothing more than shills for big corporations, and the more republicans get in office, the less the little guy will matter. Hear that sucking sound at your wallet? That's the GWB machine!

  123. you're all missing in the point. by *weasel · · Score: 1

    this is proprietary data that hasn't yet been released to the unwashed masses.

    these are -planned- sales, these prices aren't available to the public. they are being passed by employees to these deal sites.

    whether we feel any process in this situation is morally 'right' or not isn't pertinant.

    the legal matter is: that is proprietary business information that is -not- available to the general public (yet), and those corporations have a right to protect that data.

    try to resist the kneejerk reaction until you get some data guys.

    --
    // "Can't clowns and pirates just -try- to get along?"
  124. Copyrighting Prices Ending in .99 by jck2000 · · Score: 1

    I believe I read somewhere that Bata, the industrialist from what is now the Czech Republic (his companies made shoes, among other things), was the first to introduce .99 prices, some time in the early part of the 1900s.

    1. Re:Copyrighting Prices Ending in .99 by Anonymous Coward · · Score: 0

      Not correct. JCPenny introduced the .99 price to prevent cashiers from pocketing the money from some item that costs $10.00 or $5.00. If it costs $8.99, then the cashier almost certainly has to ring it up on the cash register in order to make change. Note how this isn't necessary with sales tax, etc.

    2. Re:Copyrighting Prices Ending in .99 by bluprint · · Score: 1

      "Price fixing" has got to be the biggest myth out there. There is no conspiracy. All prices are fixed, by their very nature. I choose a price, you decide wether to pay it or not. Then I may choose another price...rinse and repeat.

      --
      A modern day witchhunt.
    3. Re:Copyrighting Prices Ending in .99 by ethereal · · Score: 1

      "Price Fixing" is when sellers secretly collude to not undercut each other, preventing market forces from driving them all to the lowest possible retail price. This can and does happen, resulting in higher costs to consumers.

      --

      Your right to not believe: Americans United for Separation of Church and

  125. We *need* a loser-pays system [n/t] by dissonant7 · · Score: 1

    We need loser pays.

  126. Another bizarre DMCA usage: Mirroring Demos. by Kelmenson · · Score: 1

    I really don't understand how this DMCA gets used for lawsuits like this. There was an issue last week with some websites mirroring the public Raven Shield demo, and getting cease-and-desist letters from Gamespy who claimed that mirroring their "exclusive" demo somehow violated the DMCA. Does anybody understand how that could possibly be a DMCA violation, and is there any limit to how far reaching this law can go?

  127. Re:Copyrighting Prices - NOT!!! by tomhudson · · Score: 2

    If you had the secret formula to Coke, you'd be allowed to publish it, because they never filed a copyright or patent on it. As a matter of fact, when Coke introduced New Coke, Pepsi duplicated Coke's taste, and was about to market Savannah Cola asa replacement, when Coke brought back Coke Classic.

  128. How to fight it by EccentricAnomaly · · Score: 5, Interesting

    People /want/ to fight it, they just can't. Try going up against Wal Mart, Best Buy, Target...you can't. You don't have the money. They can tie you up in court until your financing runs out, then your lawyer says "buh-bye" and you effectively lose.

    There's a fun and easy way to fight it...

    Here are the stores that sent the DMCA threats: Wal*Mart, Target, Best Buy, Staples

    Some of you may be screaming boycott... but that won't work. There aren't enough people who even know what the DMCA is to make a dent in the sales of these companies... besides, they would just chalk it up to the bad economy and ask for a government bail-out.

    I think guerrilla protests are the best way... especially since most of us have the friday after thanksgiving off... Just get a few friends together and have fun...

    a few ideas:

    1. Go to a store and cover up their prices with red tape. This would be especially effective at stores where the prices are on the shelves and not on the items.

    2. Go to a store and have customers sign a non-disclosure agreement before they look at the prices. Explain that the prices are copyrighted and they can't tell anyone else what they paid for what they buy. After the store kicks you out go outside in the parking lot. After the cops ask you to leave go to another store.

    3. Guerrilla theater. Perform mini DMCA plays in the offending stores... this one can be a lot of fun.

    Be sure to have fliers explaining the DMCA and what these stores did and hand them out to the curious. Be creative.

    Don't worry about getting arrested... just leave when they ask you to leave and go on to another store. It doesn't matter if your mini-protest lasts only five minutes before they kick you out... the store manager will still tell his district manager about your stunt, and maybe the store might change its policy.

    Too bad there isn't a geeky activist group to organize such a thing. If this were organized to be across several cities, small groups of five or six people in each city would be very effective.

    I did a few protests back in college :) You'd be suprised at how effective small groups of people can be once they get noticed by the higher managment of these places. If your stunt has entertainment value, local papers and tv stations will probably cover it if you tell them ahead of time... there's not much news on a holiday weekend anyway.

    --
    There are 10 types of people in this world, those who can count in binary and those who can't.
    1. Re:How to fight it by Sanga · · Score: 1

      Too bad there isn't a geeky activist group to organize such a thing. If this were organized to be across several cities, small groups of five or six people in each city would be very effective.

      The EFF etc leap to the mind.

      local papers and tv stations will probably cover it if you tell them ahead of time... there's not much news on a holiday weekend anyway.

      Good idea. And you can convince the next journo-wannabe that this is the hot story and launch a career while you are at it.

      Good tips: but red taping might be carrying this too far.

    2. Re:How to fight it by nyseal · · Score: 1

      Now THAT sig is funny; I love it!

      --
      [SIG] Remember Mattel handheld games?
    3. Re:How to fight it by EccentricAnomaly · · Score: 1

      The EFF etc leap to the mind.

      I don't think the EFF will organize a protest of this... it doesn't seem to be there style. They seem to be more into big speeches and big lawsuits not grassroots organizing.

      Good tips: but red taping might be carrying this too far.

      you're probably right... tape would be vandalism... maybe some sort of plastic that was held on by static cling and easily removed would be good (like microsoft's butterflys).

      I think its best to be creative so as to grab attention with only a few people, not to try and 'hurt' the stores directly. If you get people to notice, hopefully they'll look into the issue and agree with you.

      --
      There are 10 types of people in this world, those who can count in binary and those who can't.
    4. Re:How to fight it by BryanL · · Score: 1

      Or better yet, just walk out of the store with free goods. It works against the RIAA and the MPAA.*

      *I'm kidding her folks. I know the stealing metaphor breaks down in the real world because IP is copied not removed, etc.

    5. Re:How to fight it by mgblst · · Score: 2

      Just go to the stores, grab some items, and lob them other the aisles. Extreme, well you need to decide what actions you will take when your freedoms are being eroded. If you don't stand now, when will you stand?

      Or for some real guerrilla protests, get some gorillas (or dress up as gorillas), and let them loose in the store. Imagine how upset these stores would be, to destroy there delicate balance of mind-control.

    6. Re:How to fight it by Anonymous Coward · · Score: 0

      why not /. thier websites?

  129. Show us the letters by MarkLR · · Score: 1

    This sounds so odd that I would like to see the letters and and have the person that is named as sending them out admit to it before I would believe it.

    A slashdot posting saying that the DMCA is being used to attack some website is a surefire way of getting hits on that site :)

  130. Comments solicited *right now* on DMCA by X86Daddy · · Score: 2

    For those that didn't see the prior article, or haven't made the connection, this is a wonderful opportunity to offer an example of what's wrong with the DMCA. Those who are articulate, knowledgable about legal stuff, and / or involved in these cases should definitely contribute. Here's the Slashdot story, and here's the site soliciting comment.

    1. Re:Comments solicited *right now* on DMCA by WhiteDragon · · Score: 1

      wow, thanks. I actually must have missed the previous slashdot post. Hopefully /.ers will go tell the Copyright Office what they think about the DMCA

      --
      Did you mount a military-grade, variable-focus MASER on an unlicensed artificial intelligence?
    2. Re:Comments solicited *right now* on DMCA by hether · · Score: 2

      For some reason it didn't appear on the front page, hardly anybody saw it and it got relatively no comments. :-) At last check it was only 25 or so. Luckily this story and others about the DMCA it will get some attention.

      --

      Most people would die sooner than think; in fact, they do.
  131. I'm confused by Halo- · · Score: 2

    Okay... I've read the story.. browsed the site, and I still have a serious question:

    Is this site posting sale infomation before it is made generally available to the public?

    The tone of most the responses indicates they are simply reporting what they have observed (in the store, on TV, etc) and not publishing information about sales which have yet to be announced they got because the submitter's friend is an employee with loose lips.

    Of course, even if they are "leaking" ad material, doesn't that fall under the same protection as say, leaks to the media about confidential informantion? I doubt you could sue CNN for running a story in which they say: "Sources close to XYZ Corp. tell us next week the price of widgets is going to be slashed 15% across the board"

    Perhaps XYZ Corp. can take action against the employee who leaked the infomation, but I have trouble believing they would stand a chance (well-paid CNN lawyers aside) of winning in a fair court.

    1. Re:I'm confused by LostCluster · · Score: 2

      They couldn't stop CNN from making the report, but if CNN continued to report it the store's lawyers could call CNN and say: "Hey, we know that somebody who works for us told you that infomation, and we know that you know who. We demand you to tell us who told you so we can fire that employee, and sue them for violating their NDA they signed when they started working." If CNN's reporter takes the high road and refuses to tell, CNN's reporter goes to jail for comtempt of court.

    2. Re:I'm confused by Halo- · · Score: 2

      Yeah, but I thought journalist's couldn't be compelled to reveal their sources. (I know this is true for some things, but I don't know the scope...)

      CNN's reporter would only go to jail if there was a trial and the judge asked them and they refused. I doubt you can be held "In contempt of XYZ Corp." :) (Well, I suppose you could, but you're not gonna go to jail for it.)

  132. Not enough facts . . . by werdna · · Score: 2

    The links is way to conclusory for me even to figure out what they are talking about. It is unclear that this really has anything to do with the DMCA at all -- except to the extent that the DMCA affirmatively HELPS service providers with an express safe harbour. (That was more or less the state of the law after the Netcom case anyway.) It is possible also that the particular provider may have been scared off by his own overcautious counsel -- we just can't tell from what I can see.

    Does anyone have a link to the actual demand/notice letters or a more detailed account so that we can figure out what is what?

  133. Re:Please no more calls to Ron by Helen+O'Boyle · · Score: 5, Informative

    Folks, I just spoke with Ron. He's under deadline and has only minutes left to finish his story. Remember what it was like when you had papers due in college? I think it's best to leave him alone on this even if you have the world's greatest comment to share....
    --
    * Helen *

  134. How do you .. by Glonoinha · · Score: 1

    (shout)
    How do you shoot poor defenseless, choad swilling, slow waddling lawyers?

    It's easy - you just don't lead them as much.
    (/shout)

    --
    Glonoinha the MebiByte Slayer
    1. Re:How do you .. by Pii · · Score: 2

      Damn that's funny... If I close my eyes, I can hear the '60!

      --
      For those that would die defending it, Freedom
      has a sweet taste that the protected will never know.
  135. Oops...did I do that? by Anonymous Coward · · Score: 1, Informative

    Upcoming Black Friday Deals, Nov 20

    From techbargains:
    The day after Thanksgiving, 11/29, rewards those who wake up early to shop! Retailers hope to get in the 'Black' during the holiday season.
    Best Buy 6AM-Noon - 150 Precision 40x CDRs Free AR, DVD Player $39.99AR, WD 75GB Drive & Kbyte 256MB PC133 $49.99AR, Avorcent 48x12x48 CDRW $9.99AR
    Officemax - 16x DVDROM Free AR, DVD-R drive $169.99 AR, Kingston 128MB PC133 Free AR, Hival or KHypermedia 100 pack CDR Free AR.
    Staples 7AM to 10AM - Scanner $16.98AR, 30GB 7200 RPM HD $29.98AR, Cendyne 40x12x48 $9.98AR, Palm m500 $129.99 w/acc kit Free AR, PNY 512MB PC133 $29.98AR, Envision 15" LCD $199.94 AR.
    Walmart 6AM - 11AM - Apex DVD Player $48.76, Kodak CX4300 Digital Camera $154

  136. Re:This isn't a DMCA issue, this is a copyright is by ambisinistral · · Score: 5, Interesting
    I disagree. It is the problem of the DMCA. Specifically the "Safe Harbor" provision.

    For all practical purposes the "Safe Harbor" provision forces the presumption guilt upon act of the filing the complaint. That means that prior to any court cases, etc., the remedy the company filing the complaint desires already has taken place. The material is squelched.

    Couple that with the deep-pockets vs small-operators problem of fighting a court case and the DMCA stiffles just about anything a company wants to stiffle, regardless of the merit of their complaint.

    At the very least the "Safe Harbor" mechanism should be reworked. The company/person filing the complaint should have to go to court to get an injuction to get the offending material removed. If they couldn't even get an injunction, it is unlikely they would pursue the matter much farther. I think that would stop a lot of these thugish tactics.

    Obligatory - IANAL.

    --

    deserve's got nothing to do with it...

  137. Why the DMCA is so broad ... by The+AtomicPunk · · Score: 4, Insightful

    "There's no way to rule innocent men. The only power government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws." - Ayn Rand

  138. WRITE TO THEM!! Links here by ReelOddeeo · · Score: 5, Informative

    Write to them to complain instead of writing on Shashdot. Are you unhappy about this misuse of an already existing law? Sale prices are facts, not copyrighted material. Courts have already ruled that facts devoid of any creativity (such as telephone books) can be copied.


    Wal-Mart

    From main web site, click Help (at top). Click Company Information (bottom). Click Contact Stores and Home Office Customer Service (bottom left).

    Contact


    Target

    From main web site, click Help (way bottom). Click either Contact Us About Online Services (left middle), or Contact Us About Target (left further down).

    Target

    Target


    Best Buy

    From main web site, click Contact Us (left bar, bottom). Click General Questions about BestBuy.com.

    Best Buy


    Staples

    From main web site, click Help (top right). Click Contact Us. Click Something Else.

    Staples


    These pages have a SUBMIT button for a reason. (because they want you to submit to them.)

    If you don't write, then I'll assume you are perhaps happy about this.

    --

    Those who would give up liberty in exchange for security and DRM should switch to Microsoft Palladium!
  139. Capitalists hates capitalism by ChaosDiscord · · Score: 2
    why would they want to stop this free advertising?

    True capitalism with lots of healthy competition requires that consumers have access to lots of information so that they can make educated decisions. If consumer access to information is restricted, consumers are unable to make educated decisions and the market becomes distorted. Successful businesses have every bit of incentive to restrict your access to information. If it's harder to find competing products, or harder to compare prices, consumers will tend to stick with existing suppliers and products (because it costs time and sometimes money to find out about other options). If information is easily available, smaller and newer providers have a much easier time gaining customers.

    Ultimately, successful capitalists are the greatest danger to capitalism. This is why we have anti-trust laws. This is why we need to fight hard against attempts to limit information on products, be it pricing information or reviews and benchmarks (as many software EULAs prohibit).

  140. 1st amendment by chunkwhite86 · · Score: 1

    The DMCA needs to be slimmed WAY down to prevent this kind of blatent abuse. Or better yet - repealed all together.

    What ever happened to the 1st amendment and free speech??

    There is only one clear way for Joe Consumer to fight back against the abuses of Corporate America. Ok, well lets make that two ways:

    1. Join the EFF and make regular donations!! There are very few political causes as noble as the EFF.

    2. Boycott the chains of retailers who practice this insidious abuse of the law. Support your local mom-and-pop stores and stop going to the big chains. You'll be surprised how much better some of these smaller privately owned stores are!!

    /RANT

    --
    I'd rather be a conservative nutjob than a liberal with no nuts and no job.
  141. Re:Boycott!! in reverse by Anonymous Coward · · Score: 0

    Better yet than a boycott, Buy the items for sale as loss leaders advertised from other stores and take the add with and force them to abide by the price matching policy. I believe $taples for example has %155 price difference policy.

  142. Wow! by TrevorB · · Score: 2

    Wow... Before this I'd never even heard of fatwallet.com.

    Thanks Walmart! :)

  143. Re:WRITE TO THEM!! Links here by laigle · · Score: 1

    I've written them all, and sent descriptions of the story with links to CNN.com and Washingtonpost.com. I doubt it'll do any good, but it never hurts to try. Maybe if enough people write in the norms will actually hear about what the DMCA is really all about.

  144. FYI by Anonymous Coward · · Score: 0

    For those of you who don't know, the National Post is a Canadian newspaper of apparently declining popularity whose editorial bias seems to be somewhere to the right of Pat Buchanan.

    1. Re:FYI by ergo98 · · Score: 1

      You know it's funny you mention that: I subscribe to the National Post and there really are some great sections and inserts that you get monthly, weekly, etc, however by and large I despise the editorial board and some of the frothing maniacs columnists (David Fum, Barbara something or other. The ones that they are humorously most proud of) who never fail to turn every event into an indictment of Canada. These people are so extreme and one-sided in their criticism of my homeland and every single action that it takes that they literally exceed the worst criticism of our worst enemies. It is ironic that you mention Pat Buchanan as in a letter to the editor that I half authored but never completed, I opined that there's a bitter humor in the fact that it's the diatribes of the National Post that maniacs like Pat Buchanan use to criticize Canada.

      On the flip side though the big alternative for Toronto area folk is The Toronto Star: An EXTREME left wing newspaper that paints every story as "the man versus the little guy". Their tired rhetoric is even more banal that what the National Post writes up. I've considered the Globe and Mail but just have never gotten around to subscribing.

    2. Re:FYI by Anonymous Coward · · Score: 0
      I'm sure that to anyone toxified by reading the National Post on a regular basis, ANYTHING would seem extreme left wing - it's all relative. But I strongly disagree with you about the Star. The Star continues to provide the most balanced coverage and perspective and could best be termed centered or moderate.

      The Globe and Mail is not too bad, if a little blandly conservative, but (stating the obvious) it is primarily a business newspaper.

      The Sun, of course, is a "news-lite" digest that tries never to use words of more than 3 syllables and is aimed squarely at the blue collar worker. The only appealing feature is (again stating the obvious) the sunshine girl, although even that has been downplayed in the interest of political correctness. To me, the Sun is the FOX Broadcasting of newspapers.

      The National Post has always been EXTREMELY far right and has interesting parallels to the prairie redneck nutcase political party (Reform), who believe that Canada should adopt the worst (rather than best) features of our neighbours to the south, such as privatized health care, gun ownership, big business trumping individual rights and reduction of rights and freedoms. I often wonder if both are advanced scouts for US business and political interests aiming for the assimilation of Canada into the 51st state. Luckily, like the Reform nutcase party, it is marginalized and declining in popularity.

      It will be interesting to see how the Post's politics will be shaped by the new owner(s). Will it be ordered by the Aspers to only report things about Israel that portray it in a favourable light, just as their television network was told to do? (This was publicly documented).

      The good news is that Conrad Black longer owns it and has left the country forever. For that, Canadians can truly be grateful.

    3. Re:FYI by JonK · · Score: 1
      The good news is that Conrad Black longer owns it and has left the country forever. For that, Canadians can truly be grateful. Sadly, we got the fucker instead - can't you take him back... please...

      At least, unlike the Dirty Digger, he pays taxes over here.

      --
      Cheers

      Jon
  145. Black Sunday by uofa1993engrmath · · Score: 1

    I haven't read it, but there's a book called "Black Sunday" about some nut who nukes the superbowl from a blimp, or something (thus the title, "Black Sunday"). So, when I read all this about the Friday after Thanksgiving being called "Black Friday" I thought about some nut or group of coordinated terrorist nuts bombing the shopping malls. Then it'd REALLY be a black Friday. After all, people are calling 9-11-01 "Black Tuesday". Maybe it's just me, but I think calling it "Black Friday" is a stupid idea. I guess that's why I'm not a high-paid retail or advertising executive, or something.

    1. Re:Black Sunday by fenix+down · · Score: 1

      They don't call it Black Friday in ads, just when they're talking to themselves. It's probably just executives feeling uncomfortable getting excitied about "the day after Thanksgiving sale" so they come up with a cool-sounding name.

    2. Re:Black Sunday by Anonymous Coward · · Score: 0

      Shit, that was really boring reading material.
      Why the hell did you share that with the slashdot ommunity?

  146. Re:DMCA Notice of Inquiry window open by octalgirl · · Score: 4, Informative

    Well, the Library of Congress pretty much squashed anything to do with DeCSS in the last round, lets see how they like this. The second anticircumvention rulemaking requests written commentsfrom all interested parties (Nov 19 - Dec 18). We'd like to see the law go away - they only want exemptions. I'm not sure if this fits, because they keep asking for a 'technological measure', but maybe this is some of the ammo we've been looking for.

    The purpose of this proceeding is to determine whether there are particular classes of works as to which users are, or are likely to be, adversely affected in their ability to make noninfringing uses due to the prohibition on circumvention.

    Format is important. Know what they are looking for and how they want it presented.

    First, a proponent must identify the technological measure that is the ultimate source of the alleged problem, and the technological measure must effectively control access to a copyrighted work.

    Second, a proponent must specifically explain what noninfringing activity the prohibition on circumvention is preventing.

    Third, a proponent must establish that the prevented activity is, in fact, a noninfringing use under current law. The nature of the Librarian's inquiry is further delineated by the statutory areas to be examined:
    (i) The availability for use of copyrighted works;
    (ii) The availability for use of works for nonprofit archival, preservation, and educational purposes;
    (iii) The impact that the prohibition on the circumvention of technological measures applied to copyrighted works has on criticism, comment, news reporting, teaching, scholarship, or research;
    (iv) The effect of circumvention of technological measures on the market for or value of copyrighted works; and
    (v) Such other factors as the Librarian considers appropriate.

  147. Re:This isn't a DMCA issue, this is a copyright is by Anonymous Coward · · Score: 0

    I agree.
    Furthermore, there is no way anyone could claim a copyright on a set of "prices".
    It's the effect of the Safe Harbour provision which allows the big companies to get protection for "copyrighted materials" which would never actually get the protection of copyright itself.

    A list of prices is not in any way an original work deserving of copyright protection. It doesn't even qualify under the most basic of criteria for protection under any copyright act in the world.

    But the DMCA gives the asserting party the ability to shift the onus of proof from the plaintiff to the defendant through sheer economics.

    IANAL, but this certainly blows chunks.

  148. Nov. 29th is Buy Nothing Day by rickwood · · Score: 1

    Just to remind folks, November 29th is Buy Nothing Day world-wide.

    Buy Nothing and stand up for yourself!

  149. Hans Blix wants to inspect your anus by Anonymous Coward · · Score: 0

    Hans Blix wants to inspect your anus.

  150. Prices are copywrited!!! by niall2 · · Score: 1
    I wonder who will get the first suit ready to go for the AMAZING LOW PRICE OF $19.95.

    --
    Today is a gift. Save the receipt.
  151. Offshore? by Quixote · · Score: 2

    Will this club (as in clumsy weapon) called "DMCA" extend offshore? If not, then why doesn't some enterprising entrepreneur (as opposed to the unenterprising ones) setup a copy of 'FatWallet' somewhere where the DMCA don't shine?

    1. Re:Offshore? by Tazzy531 · · Score: 2

      Well..the fine print of DMCA is that the "victim" has to send a cease and desist letter to the service provider (in this case FatWallet). The administrator then sends a cease and desist letter to the poster. The poster can then either remove it (or tell the admin to remove it) or sign a waiver saying they will take full responsibility of their actions.

      So, one advice that has been going on FatWallet is to let the people with offshore accounts post the info. The DMCA cannot reach someone offshore.

      --


      _______________________________
      "I'm not Conceited...I'm just a realist..."
  152. Wouldn't it be nice.. by lspd · · Score: 1

    Wouldn't it be nice if everyone who read this thread and thought, "that's just wrong" let their families know that they didn't want any items from these stores for Chistmas, and why.

    "So JD, what do you want for Christmas?"

    "Clothes, computer crap, etc...but nothing from Best Buy, Staples, WalMart, or Target...they seem to think you're a cyber terrorist if you discuss their prices."

  153. so what you're saying is... by Ender+Ryan · · Score: 2
    So what you're saying is that we need mafia guys running around illegally selling things that are against the DMCA, gunning each other down, killing cops, etc.?

    Hell, that might get copyright itself abolished! :)

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
    1. Re:so what you're saying is... by dpilot · · Score: 1

      I don't think that's what got Prohibition repealed. It was more the way Prohibition got in the way of ordinary voting folks. Though at some point, it wouldn't surprise me at all to see Mafia involvement, but it depends on how much money can be made by breaking the DMCA. At the moment, media piracy is a widespread, but low-level activity with few pinch points that can be made lucrative.

      I fear that what it's really going to take is something like the following scenario:
      1: The tech sector to begin climbing out of its funk.
      2: Then we get hit by mandated DRM, and re-slump.
      3: The rest of the economy follows into a double-dip.
      4: *Somehow* we manage to place the blame for the second dip squarely on the DMCA and DRM.

      #4 is the shakiest part.

      --
      The living have better things to do than to continue hating the dead.
  154. Look at H.R.5522 by chown · · Score: 1

    For those interested in actually taking an active role in government (assuming you live in the U.S.), take a look at HR5522 from the 107th Congress (House of Representatives Act). Not yet passed, but referred to committee as recently as this month. You'll have to wait until all your reps get back from vaction to talk to them about it I'm sure, but speak up, they do listen. Or, more preciscely, they do count the amount of positive/negative feedback they get, assuming you live in their district (ALWAYS INCLUDE YOUR ADDRESS ON CORRESPONDENCE WITH THEM OR IT WILL NOT BE COUNTED!!!!).

    I haven't looked in great detail at the contents of the bill, but the gist of it seems to be to scale back the DMCA, as it is obviously bad.

    The two sponsors of this bill are Michael Honda (California) and Zoe Lofgren (California).

    Latest status has it going to the Subcommittee on Courts, the Internet, and Intellectual Property, be particularly vocal to your representatives if they serve on that committee.

    You can look at the legislation yourself by going to Thomas and typing "hr5522" in the "Bill Number" text field at the top.

    The government may not do things you like, but for the most part, all the information you need to speak out against it in an informed fashion is available to you for free. Use it, your tax dollars pay for it.

  155. Must be some punishment for false accusations... by sterno · · Score: 3, Interesting

    A valuable addendum to the DMCA would be a provision to punish for false accusations. Essentially the way it would work is that if you sent somebody a DMCA nastygram, and then decided to take them to court, if you lost, you would owe their legal fees and other associated costs.

    This would allow for small players to take on the big corporations with some comfort that if they win, they'll get their money back.

    --
    This sig has been temporarily disconnected or is no longer in service
  156. First real world slashdotting by Anonymous Coward · · Score: 0

    Wow! First real world slashdotting..... I think the grandparent may have just started the first slashdotting to ever happen to someone over the phone! Bigtime kudos goes out to Ron for his efforts and I hope he does a great job on his story.

    I did just have a thought though, maybe he will write a follow up article and could use more ideas/comments (I'm sure if enough of us call he will do a follow up) about the DMCA. So everyone, let's let him have the time necessary to complete his article, and then call him, I'm gonna call in about an hour and a half, I hope the rest of you will follow suit. A half a million phone calls to one poor journalist should get somebody's attention at least.

    1. Re:First real world slashdotting by coryboehne · · Score: 2

      Wow! First real world slashdotting..... I think the grandparent may have just started the first slashdotting to ever happen to someone over the phone! Bigtime kudos goes out to Ron for his efforts and I hope he does a great job on his story.

      Heh, not sure if I should be proud of that or ashamed of not being a bit more careful about weilding the power of slashdot.


      I did just have a thought though, maybe he will write a follow up article and could use more ideas/comments (I'm sure if enough of us call he will do a follow up) about the DMCA. So everyone, let's let him have the time necessary to complete his article, and then call him, I'm gonna call in about an hour and a half, I hope the rest of you will follow suit. A half a million phone calls to one poor journalist should get somebody's attention at least.


      Actually I think that is a great idea and this is why I'm replying to the Coward... A follow up article is probably going to be needed to really explore what this means to all of us and I think we should let Ron know how important this matter is to us by calling him (wait for a while) and telling him a little more about our views on this matter in detail, more so than is currently possible (I understand deadlines, sorry if I've caused you any serious /. related headaches today Ron...)

      I've already told Ron everything that I had to say that was of value, however I'm sure that there are plenty of you out there with a unique viewpoint and I hope that you will call Ron in an hour or two and let him know what you have to say about this.

      Once again if you read this Ron, I'm sorry but I had to do this... I hope you will see just how important this is to us, and exactly how many of us this is important to.

    2. Re:First real world slashdotting by shyster · · Score: 5, Insightful
      I think we should let Ron know how important this matter is to us by calling him (wait for a while) and telling him a little more about our views on this matter in detail, more so than is currently possible.

      To avoid the inevitable /. effect (swamped, plus the inevitable trolls and fringes), how about a reverse /. interview? Let Ron pose the questions, then send him the highest moderated responses. Or just a general thread, then email him the +5 comments.

      I think that'd be a better representation of the /. community in that we would be self-selecting our representatives. We don't want to come off as anti-capitalist, pro-communist, p0rn lovers, 3l33t h4k3r5, warez pirates...or, god forbid, goatse.cx fans. (Even if you are one (or more) of those things, it won't help in garnering support agains the DMCA to reveal it to the readership of the WSJ).

  157. There is no way this is covered by the DMCA! by psxndc · · Score: 3, Informative
    I have read the DMCA (which is probably better than most people) several times and there is no way this is covered. The DMCA is written to protect copyrights by preventing circumvention of a copy protection scheme, either through hacking it, publishing ways to circumvent it not in good faith, making copies without protection or if it pertains to Boat hulls (honestly, read the DMCA. Boat hull designs are in there). Even if sales prices were copyrighted (huh?) what method of copy protection has WalMart et al applied to prevent unauthorized use? Lawyers don't need to be educated about technology, the particular lawyers in this case need to be educated about the law.

    psxndc

    --

    The emacs religion: to be saved, control excess.

  158. No, copyright has nothing to do with this... by sterno · · Score: 1

    This is, at best, a trade secret. Trade secrets are protected under completely different rules from copyright. You can't copyright a price.

    --
    This sig has been temporarily disconnected or is no longer in service
  159. /. the companies, perhaps? by Anonymous Coward · · Score: 0

    If the /. community can overload servers based on an article, what effect would a 5-10-30 day boycott of the companies responsible for this behavior have?

    They almost do it themselves, though. "No third-party price advertising" is equal to "no sale" at the end of the quarter.

  160. Irony Alert - Look at Fat Wallet's Front Page by ayden · · Score: 2

    When I clicked on the link to Fat Wallet's front page and was greeted with a link to their "Featured Store", which is none other than Target.

    This is truely The Worst Part, being screwed by your "Partners". This looks like a case of the lawyers not doing their research.

    --
    "I'm The Bounty Bear. I will find him anywhere. I'm searching."
  161. They don't have a chance... by Kindaian · · Score: 1

    They have a store open to the public to sell products. That obliges them to certain obligations, one of each is to make public the prices of their products!

    What people do with the price info is out of their hands, because, when one thing is public, it is public! The internet isn't an exception...

    Cheers...

  162. Do we Have any Idea by Anonymous Coward · · Score: 0

    How fatwallet got its information? That is the key to determining the DMCA's applicability.

  163. layout copyright extension through DMCA? by twitter · · Score: 2
    The interesting DMCA question is whether an access TPM to a copyrighted price sheet could be circumvented if the only thing extracted was the price data. I actually think the DMCA as written says such access IS illegal but that Congress has no Constutitional authority to pass such a law.

    So the DCMA's anticircumvention clause protecting the layout extends to cover the facts contained in the layout from "cirumvention"? Like if I read the prices and typed them then posted them? Or if I built a script that did the same? Or even if I built a script that did the same and used the resulting site to generate ad revenue? How can you apply anti-circumvention protection to something that's not copyrighted to begin with? Sounds like a preposterous extention of layout protection, but you never can tell just how stupid the folks how came up with and held constitutional the DMCA can be.

    --

    Friends don't help friends install M$ junk.

    1. Re:layout copyright extension through DMCA? by bwt · · Score: 2


      The clause prohibits circumvention without regard to whether the access so achieved is used for non-infringing purposes such as retreiving non-copyrightable elements.

      To read the prices you must have some kind of access, authorized or not. If that access is non-circumventing, then you are in the clear. If it is via a circumvention, then it doesn't even matter if you do write the prices down -- you've already broken the law.

    2. Re:layout copyright extension through DMCA? by EricWright · · Score: 4, Insightful

      Did you miss the C in DMCA. That's digital millenium COPYRIGHT act. If you have a technological protection on something that is NOT COPYRIGHTABLE, circumventing it does NOT fall under the DM*C*A. It may fall under some other law, but the DMCA is all about content protection... copyrighted content protection. As the OP stated, facts cannot be copyrighted. Only original, creative expressions of the facts contained within.

      It is perfectly legal for me to copy an equation out of my favorite physics textbook when writing another book/paper/etc. However, I cannot freely exceprt descriptions/discussions of that equation, as those are an original expression.

      To wit, quoting various parts of the DMCA:

      Section 103 of the DMCA adds a new chapter 12 to Title 17 of the U.S. Code. New section 1201 implements the obligation to provide adequate and effective protection against circumvention of technological measures used by copyright owners to protect their works.

      Section 1201 divides technological measures into two categories: measures that prevent unauthorized access to a copyrighted work and measures that prevent unauthorized copying of a copyrighted work.

      Notice how 'copyright' keeps showing up here?

    3. Re:layout copyright extension through DMCA? by cpt+kangarooski · · Score: 2

      How I wish that were so. But the 2600 Court didn't stop for a moment amid concerns that the DMCA impaired if not blocked decryption of works where no infringement would occur (as with classical examples of fair use, or public domain works).

      There is much concern that the DMCA is effectively providing for copyright on uncopyrighted/able works, and in situations where copyright yields for various reasons. It is a law very much in need of challenging, if not repeal.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    4. Re:layout copyright extension through DMCA? by PhilHibbs · · Score: 2
      It is perfectly legal for me to copy an equation out of my favorite physics textbook when writing another book/paper/etc.
      Not if copying it requires you to circumvent access controls on the copyrighted book that the non-copyrightable equation is in. The protection is on the lock, not the use to which you will put the key, and the lock is protected by law even if it locks up more than just copyrightable material. It sucks, but that's the stupid law that your government passed, and we're about to get a worse one. And we don't have a 'first amendment' that it can be challenged under.
    5. Re:layout copyright extension through DMCA? by JonK · · Score: 1

      ... although we are signatories to the ECHR (as enshrined in the Human Rights Act), which means there may be grounds for challenge (under, I think, article 10 of the EHCR). Plus the British judiciary has, on occasions, shown itself to be worthwhile. Here's hoping.

      --
      Cheers

      Jon
    6. Re:layout copyright extension through DMCA? by bwt · · Score: 2

      I'm amazed this got moderated up to 4.

      No, I did not leave the "C" out. The DMCA creates anticircumvention provisions that apply to TPMs that protect copyrighted works. One a TPM is so "qualified" under the DMCA, circumventing it is illegal per se, meaning it doesn't matter what you do after your circumvention.

      17 USC 1201(a)(1)(A) provides "No person shall circumvent a technological measure that effectively controls access to a work protected under this title."

      17 USC 1201(a)(3)(A) defines this: " to ''circumvent a technological measure'' means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner"

      Your argument If you have a technological protection on something that is NOT COPYRIGHTABLE, circumventing it does NOT fall under the DM*C*A. has a logic error, because a TPM can protect multiple things. The question is not whether there exists something protected which is not copyrightable, but whether there exists something protected which IS copyrightable. If so, then NO bypassing of the TPM is allowed, even if the resulting access is used for fair use, non-infringing use, or to non-copyrightable or public domain elements.

      Is this stupid/unfair/outrageous? yes. Should it be unconstitutional? I say yes, the 2nd Circuit said no. Is it the correct interpretation of the statute, notwithstanding whether or not that makes it Unconstitutional? yes.

      A pricelist as a whole is copyrightable even if the individual prices as data elements are not. The descriptions of the items and their classification/ordering are copyrightable elements. Extracting the prices is a quintessential example of non-infringing use of facts. However the access circumvention that occured before this non-infringing activity is already in violation of 1201(a)(1) even if no data was copied. For example, the DMCA would prohibt such access even if it was used to do nothing other than eyeball the data. It sucks, but it is the law and it seems to be being enforced.

  164. YES! The alphabet was recognized as a DMCA... by Kindaian · · Score: 1

    protection system...

    Everything everyone writes is thrus protected by the DMCA automagicaly...

    Cheers...

    ---
    On other news, Harry Porter missed a spell and Bush turned into a... bush...

  165. Not free advertising by Theaetetus · · Score: 3, Insightful
    So, with that said... can someone please explain why a store would not want as many people as possible to know about their sales?

    Farget(tm) stores sells the My-Little-Flamethrower for $29.95
    Ball-mart(tm) sells the My-Little-Flamethrower for $29.99

    You see why Ball-mart would not want you to see both of those prices posted on the same site? Imagine further if they were selling it for $31.95, or $34.95. They only want the free advertising if they're the lowest price.

    -T

  166. Re:WRITE TO THEM!! Links here by Sway · · Score: 1

    Thank you for doing the legwork for me. You did us a kind service. I probably wouldn't have gone through the trouble to write to them if you hadn't made it a one-click event for me.

    They all have mail now. I made it clear how it hurt me as a shareholder. I also mentioned that I was pretty sure any competitor would gladly honor their sales prices this season.

    Thanks again!
    Sway

    --

    Peace. Sway

  167. F*ck you AND your DMCA by gambit3 · · Score: 2

    Upcoming Black Friday Deals, Nov 20
    The day after Thanksgiving, 11/29, rewards those who wake up early to shop! Retailers hope to get in the 'Black' during the holiday season.

    Best Buy 6AM-Noon - 150 Precision 40x CDRs Free AR, DVD Player $39.99AR, WD 75GB Drive & Kbyte 256MB PC133 $49.99AR, Avorcent 48x12x48 CDRW $9.99AR

    Officemax - 16x DVDROM Free AR, DVD-R drive $169.99 AR, Kingston 128MB PC133 Free AR, Hival or KHypermedia 100 pack CDR Free AR.

    Staples 7AM to 10AM - Scanner $16.98AR, 30GB 7200 RPM HD $29.98AR, Cendyne 40x12x48 $9.98AR, Palm m500 $129.99 w/acc kit Free AR, PNY 512MB PC133 $29.98AR, Envision 15" LCD $199.94 AR.

    Walmart 6AM - 11AM - Apex DVD Player $48.76, Kodak CX4300 Digital Camera $154

  168. Best BuyBlack Friday Listing by Athrawn17 · · Score: 2, Informative

    Best Buy Lexmark X73 multifunction printer (less than $100) Kodak Digital Camera (i think $100, not sure of model) Monsters Inc., Beauty & The Beast, Grease DVD $12.99 Shania Twain Up, 8 Mile Soundtrack, Eminem The Eminem Show, 3 Doors Down, U2 The Best Of 1990-2000 CD $8.99 Panasonic 45 sec No Skip CD Player(SLSX388) $39.99-$10 IR-$5 BB MIR=$24.99 Precision CDR Discs 40x 80 Min 2 pack 150 total Disc bundle (5770075) $26-$26 MIR = FREE Curtis 3 CD Shelf System (RCD855) $37.99 DVD/CD Player [model may vary by store] (CH-DVD 402/2110) $69.99-$30 MIR= $39.99 ALL Wireless phones regularly $149.99 and below are FREE (after MIR) with new activation 75GB 7200 WD (WD750BBRTL)/KByte 256MB PC133 RAM (6432ZZGSEM) BUNDLE $219.98-$60 IR-$109.99 Bundle MIR= $49.99 AVorcent 48x12x48x CDRW (RWJ-481S) $59.99-$30 MIR-$20 MIR= $9.99 Kodak EasyShare 2 Megapixel Digital Camera (CX4200) $99.99 Daewoo 25" Stereo TV (DTQ25S3FC) $159.99-$10 MIR= $149.99 KLH 160 Watt Home Theater System (HA7000/HA9000) $159.99-$30 MIR= $129.99 eMachines Celeron 2.0Ghz Computer 256MB DDR SDRAM, 40GB HDD, 40x CDRW, 6 USB 2.0 ports (T2040) $549.99-$250 MIR = $299.99 SAME MACHINE AS ABOVE + 15" Samsung LCD Monitor (151V) $919.98-$250MIR-$100MIR-$70 Samsung MIR= $499.98

    1. Re:Best BuyBlack Friday Listing by Anonymous Coward · · Score: 0

      Hello everyone- just stumbled across this. So, will I be JAILED for putting out the request for the TOYSRUS list? Or, are the goods (list) not out there? : ) Thanks!!!

  169. it's by Thomas Harris by Anonymous Coward · · Score: 0

    same guy who wrote Silence of the Lambs.

  170. Re:This isn't a DMCA issue, this is a copyright is by Artagel · · Score: 2

    A fairer allegation would be some form of trade secret misappropriation (information, not generally available, used for busines advantage, that is protected from unreasonable or unfair acquistions attempts) or a specie of unfair competition (vis-a-vis International News Service v. Associated Press, forbidding the republishing of 'hot news' to reap where one has not sown even though the facts of the news are not copyrighted). Not that it would be sustained in this particular case, but at least they aren't laughable theories.

  171. Actually, That's Not The Point by Steve+B · · Score: 2
    the legal matter is: that is proprietary business information that is -not- available to the general public (yet), and those corporations have a right to protect that data.

    OK, they have a right to protect that data -- and so they did, as a trade secret. The trade secret got leaked, and the businesses have grounds to take legal action against the leakers (if they can find them).

    However, the question here is whether copyright law (either traditional copyright law, or the modern versions produced by coin-operated legislators) applies to this situation. The answer would appear to be "no", as this case pertains to a simple observation of fact rather than to a written or artistic work.

    --
    /. If the government wants us to respect the law, it should set a better example.
    1. Re:Actually, That's Not The Point by LostCluster · · Score: 2

      But the DMCA does... it requires the website operator to either remove the offending post, or to disclose any metadata they have about the post. (What IP it came from, what user it came from, anything they know about that user...) It requires the website to help in the investigation to nail the leaker.

  172. Why they would do this by porkface · · Score: 1

    It's a ridiculous ploy by retailers, but it will serve them well. This year is going to suck badly for them and many of them will see a major stock sell-off when the numbers come out. They use the ads to draw people into the stores so they can profit on other items. There are plenty of reasons why they make less money if people can peruse the ads online, but I see this as a simple tactic... Cry DMCA this year and protect this year's crop. It doesn't have to be legit enough to hold up in court, it just has to scare people for one year.

  173. Why would they want to stop it? by nochops · · Score: 2, Insightful

    Also, why would they want to stop this free advertising?

    Well, if their prices are not the lowest, they obviously don't want that to be a well known fact.

    Once again, this is just a case of old time, brick and mortar mentality creeping into the global, immediate nature of the internet.

    Before the internet was so popular, consumers actually had to get off their fat arses and go to the stores to shop/compare prices/etc. Sure there were newspapers and magazines that made it possible to compare prices, but these can hardly compete with the speed and penetration of the internet.

    What happens if everyone knows of a website where they can go to see retailers prices on certain products? They most likely choose to buy from the retailer with the lowest price. That is, unless they have some personal loyalty to a higher priced retailer, or perhaps they had a bad experience from the low price retailer, and won't buy from that particular store.

    Obviously, this is bad news for the retailers. I'm sure that they made quite a few sales based on impulse, where the consumer is in the store, looking at the product, and is tired of driving all over town looking for the best price. He's gonna buy at a higher price, right? That's what the retailers are betting on.

    Unfortunately for the retailers, the internet is forcing them to rethink their business strategies, and sometimes it's easier for them to bully the little guy than to change their entire strategy.

    --
    "A terrorist is someone who has a bomb but doesn't have an air force." -William Blum
  174. What about... by TheSHAD0W · · Score: 2

    Just posting the prices everywhere, far and wide, on servers outside the US, for everyone to see?

    Then again... Maybe that's what they want? After all, any publicity is good publicity...

  175. Now, I'm not American, and not a lawyer... by smcv · · Score: 2

    Now, I'm not American, and not a lawyer... but aren't copyright and trade secrets different concepts?

    I thought the idea was that copyright prevented people from copying things you've published, trade secrets prevent your employees leaking things you haven't published, and it's only the employee's fault (i.e. not the recipient's) when it gets leaked?

    So, um, if you had a Numeric Decade Trade Secrets Act :-) that'd possibly be relevant, but I fail to see where the DMCA comes into this.

    1. Re:Now, I'm not American, and not a lawyer... by LostCluster · · Score: 2

      The DMCA addresses this situation, even though it involves "trade secrets" and the sign on the door said "copyright". Yep, there's no rule saying the contents of a law have to have anything to do with the name of the law. Just look at what they passed today... there were several things with no connection to homeland security, yet the were in the Homeland Security Act and now are headed to be signed into law.

  176. Quit your bitching and do something! by jokerghost · · Score: 4, Insightful

    So, if the DMCA is the worst thing to happen ever, why don't you folks get off your asses and do something! Seriously, a lot of the people here seem to spend time decrying the DMCA, while still living under its rule... "WAAAAH, but I can't do anything" is what I hear. That's bull. The DMCA is currently under review! Why not post your comments?

    It's a lot easier to say that a law should be abolished than to actually get up and try to abolish it. Hell, even the most recent slashdot poll shows how little you people are really willing to comit to ending this law: 51% of people chose a form of the "No" option, and 31% chose the CowboyNeal option. A relavent state motto comes to mind: "Live free or DIE!" In other words, either do what needs to be done, or suffer the consequences... I have no sympathy for those who don't vote, only to bitch about the current administration, and I don't have any sympathy for those who bitch about laws, yet never take any action to end those laws.

    Oh, so this comment won't be *entirely* a -1 Troll, check this link out sometime: http://www.copyright.gov/1201/comment_forms/index. html Want to change the law? Want to get your voice heard? Do it! Just remember to be polite, your leters will be taken much more seriously.

    -jokerghost
    Live free or DIE!

  177. What the DMCA covers... by Anonymous Coward · · Score: 0

    it covers whatever the big corporpations want, provided they have enough money to scare everyone else into complying.

  178. New (potential) requirement for lawsuits... by kcb93x · · Score: 1

    If someone says that under the {law} the accused must do {something} that they must also quote the specific section of the law, so that there's less not-legal acusations sent around. I wouldn't stop sharing the info until the accusers can specifically identify under what clause I am guilty of breaking.

    --
    There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
  179. Re:This isn't a DMCA issue, this is a copyright is by Anonymous Coward · · Score: 0

    /stiffle/stifle/

  180. Does this mean... by Storm · · Score: 1

    That next time I get stopped by the police, I can invoke the DMCA to keep the officer from using my name or driver's license number? Hey, maybe I can claim it to not give it to him in the first place.

    --
    --Storm
  181. Jesus by tswinzig · · Score: 4, Funny

    You guys slashdotted Ron.

    --

    "And like that ... he's gone."
  182. Why?! by RAMMS+EIN · · Score: 2, Funny

    ``why would they want to stop this free advertising?''
    Maybe becuase they're stupid? And their use of the DMCA proves it. DMCA: By Stupids, for Stupids
    Just had to...

    --
    Please correct me if I got my facts wrong.
  183. Sounds like it's time for fatwallet.ru, .kr, etc. by Anonymous Coward · · Score: 0

    If sites are going to be threatened for posting prices (which I find ridiculous), it's time for them to find a more friendly jurisdiction.

  184. Wasting your time by DreamingReal · · Score: 1
    I work at one of the stores mentioned in this article. And while I agree with the sentiments you express in spirit, you would be wasting your time and hurting the wrong people.


    Assuming your childish pranks *were* effective, driving people away by taping over prices and passing out phoney non-disclosure agreements would do little for your cause. In the end, our revenue would decrease, hours would be cut and the everyday workers, like me, could be laid-off. All of this would occur without anyone in a position of power knowing *why*, since you resorted to the equivalent of TPing someone's house rather than actually voicing your protest.


    As for being arrested, go ahead. Instead of your wet dream about being mentioned to the district manager and causing the store's change of heart just in time for Christmas, you'll be laughed at as the lunatic of the day who got booted from the store. You'll be forgotten within 24 hours when the next lunatic comes in and gets booted for spitting at our general manager.


    Really want corporate to pay attention? Find an anti-DMCA friend who works in one of the stores and get them to write a letter to corporate. I'm a great worker with the manager reviews, attendance, and the MVP awards to back it up. Guess what? I'm writing them a letter explaining that, while I love working for [omitted], I'm pretty ashamed of the company's behavior in this situation. Whose statement do you think will carry more weight - mine or the shithead who puts on an anti-DMCA play, oh ah a skit! in the parking lot?


    As it stands, your suggestion of handing fliers is the only intelligent thing you said in your post. Information and awareness are the two things Joe Consumer needs, not your 12 year-old stunts d00d.

    --
    We want some answers and all that we get
    Some kind of shit about a terrorist threat

    - Ministry
    1. Re:Wasting your time by Anonymous Coward · · Score: 0
      I'm a great worker with the manager reviews, attendance, and the MVP awards to back it up

      Big deal -- thay can easily start finding fault with your work, and will, if they choose to. Any HR director who can't disqualify any chosen applicant or employee for a legally defensible reason just doesn't understand their job.

  185. Buy Nothing Day by Anonymous Coward · · Score: 0

    Not to denigrate adbusters, but not buying anything on a particular day wouldn't affect retailers because customers would just buy what they need in the days before or the days after the boycott day. The overall sales for the year would still be the same. The only way to effect change is to alter people's consumption in the long run. Since we are talking about the Christmas shopping season, to make retailers notice you would need to ask consumers to spend less on their friends, coworkers, and relatives. Some people may be willing to do this but not most -- most people have a budget for each gift. So not buying on that one day would not affect anything since people have until Dec. 25 to buy whatever they wanted.

  186. Chain mail = solution by Anonymous Coward · · Score: 0

    Without a specific target (i.e. fatwallet.com), it is difficult to send a cease and decist letter. If the information were sent around as a chain mail letter instead of posted on someone's web site then it would be much harder to pin down the origin of the info. What will a lawyer do, email every "frankNOSPAMzappa@zappa.com"?

  187. What if the prices listed are not right? by Anonymous Coward · · Score: 0

    I don't know how a price may be copyrighted, surely it falls more on the trade secret. On the other hand, I don't feel to have to keep something secret if I'm not in the trade. The issue here is that the posters probably can't be sure if these prices are right or gossip, so they can be sued (the damages to the stores are obvious, if the prices published are superior to actual people will go anywhere else, if they are inferior when people gets in and sees it may feel tricked). Imagine you running a store and seeing someone telling your customers what the prices will be next week.

  188. Re: copyright? -- Fireable Offense at Newspapers by InitZero · · Score: 4, Informative

    How does this information get out in the first place



    I work at a newspaper where it is just about
    impossible to get fired -- I know, I've tried.



    The quickest way to get the boot is to remove
    copies of ads from the building before the public
    gets a hold of them. The ad inserts (those glossy
    sheets usally wrapped inside the classified
    section which you throw away so you can read the
    paper without all that crap) that go in, for
    example, Sunday's newspaper are often printed
    days or weeks in advance. Removing even one
    Sears/BestBuy/grocery store circular from the
    building is grounds for termination.



    Businesses (especially grocery stores) operate
    on very tight margins. Losing folks because the
    price of bananas is two cents less a pound is
    painful. And, of course, the newspapers are faced
    with very strict penalties if we are found to have
    let the sort of information leak.



    And yet, those advertising circulars are one
    of the ways information leaks.



    InitZero

  189. In the interests of free speech by Starship+Trooper · · Score: 5, Informative

    (from http://www.bofhweb.org/, please ignore the XxXxXes as they are just to get around the lameness filter)

    Black Friday List XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Xx Xx Xx Xx Xx Xx X XxXxX XxXxX XxXxX
    Best Buy XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Lexmark X73 multifunction printer (less than $100) XxXxX XxXxX XxXxX
    Kodak Digital Camera (i think $100, not sure of model) XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Monsters Inc., Beauty & The Beast, Grease DVD $12.99 XxXxX XxXxX XxXxX
    Shania Twain Up, 8 Mile Soundtrack, Eminem The Eminem Show, 3 Doors XxXxX XxXxX XxXxX
    Down, U2 The XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Best Of 1990-2000 CD $8.99 XxXxX XxXxX XxXxX
    Panasonic 45 sec No Skip CD Player(SLSX388) $39.99-$10 IR-$5 BB MIRX $24.99 XxXxX XxXxX XxXxX
    Precision CDR Discs 40x 80 Min 2 pack 150 total Disc bundle (5770075) $26-$26 MIR XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    _ FREE XxXxX XxXxX XxXxX
    Curtis 3 CD Shelf System (RCD855) $37.99 XxXxX XxXxX XxXxX
    DVD/CD Player [model may vary by store] (CH-DVD 402/2110) $69.99-$30 MIR_ $39.99 XxXxX XxXxX XxXxX
    ALL Wireless phones regularly $149.99 and below are FREE (after MIR) with new XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    activation XxXxX XxXxX XxXxX
    75GB 7200 WD (WD750BBRTL)/KByte 256MB PC133 RAM (6432ZZGSEM) BUNDLE XxXxX XxXxX XxXxX
    $219.98-$60 XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    IR-$109.99 Bundle MIR_ $49.99 XxXxX XxXxX XxXxX
    AVorcent 48x12x48x CDRW (RWJ-481S) $59.99-$30 MIR-$20 MIR_ $9.99 XxXxX XxXxX XxXxX
    Kodak EasyShare 2 Megapixel Digital Camera (CX4200) $99.99 XxXxX XxXxX XxXxX
    Daewoo 25" Stereo TV (DTQ25S3FC) $159.99-$10 MIR_ $149.99 XxXxX XxXxX XxXxX
    KLH 160 Watt Home Theater System (HA7000/HA9000) $159.99-$30 MIRX $129.99 XxXxX XxXxX XxXxX
    eMachines Celeron 2.0Ghz Computer 256MB DDR SDRAM, 40GB HDD, 40x CDRW, 6 USB 2.0 XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    ports (T2040) $549.99-$250 MIR _ $299.99 XxXxX XxXxX XxXxX
    SAME MACHINE AS ABOVE + 15" Samsung LCD Monitor (151V) $919.98-$250 MIR-$100 XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    MIR-$70 Samsung MIR_ $499.98 XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Xx Xx Xx Xx Xx Xx Xx XxXxX XxXxX XxXxX
    Staples: XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Black Friday 7AM â 10AM. Remember they have 14 days price guarantee. XxXxX XxXxX XxXxX
    Should have info on non 7AM-10AM soon. Good luck. XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    499667, 499449 scanner $79.98 - $63 mir _ $16.98 XxXxX XxXxX XxXxX
    493300 Ezonics PC Camera 2pk $59.98 - $25 is - $25 mir _ $9.94 XxXxX XxXxX XxXxX
    496430 30gb 7200 rpm HD $79.98 - $50 mir _ $29.98 Ã isn't there XxXxX XxXxX XxXxX
    another valid XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    rebate? XxXxX XxXxX XxXxX
    488960 cendyne 40x12x48 burner $59.98 - $50 mir _ $9.98 XxXxX XxXxX XxXxX
    457057 Palm m500 $144.99 - $15 is _ $129.99 plus get 484854 XxXxX XxXxX XxXxX
    accessory kit $39.99 XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    - $15 is - $25 mir _ FREE plus get 499648 Austin Powers Pinball game XxXxX XxXxX XxXxX
    $2.99 - XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    $2.99 is _ FREE XxXxX XxXxX XxXxX
    466913 HP PSC950 $199.98 - $50 mir _ $149.98 XxXxX XxXxX XxXxX
    493000 HP 940 remanufactured $79.98 - $10 is - $30 mir _ $39.98 XxXxX XxXxX XxXxX
    469920 HP 318 $139.98 - $10 is - $50 mir _ $79.94 XxXxX XxXxX XxXxX
    463438, 480124 Sandisk 128 CF or smart media $69.98 - $32 is - $10 mir _ $27.94 XxXxX XxXxX XxXxX
    478328 PNY 512 ram $129.98 - $80 is - $20 mir _ $29.98 XxXxX XxXxX XxXxX
    473998 Zline Corner Desk $49.94 (after 50% savings) XxXxX XxXxX XxXxX
    490583 Envision 775e $164.98 - $87 mir _ $77.98 XxXxX XxXxX XxXxX
    450433 Envision 15" LCD $359.98 - $60 is - $100 mir _ $199.94 XxXxX XxXxX XxXxX
    496731 100pk cdr $37.98 - $18 is - $20 mir _ FREE XxXxX XxXxX XxXxX
    489577 25pk jewel cases $9.98 - $6 is - $4 mir _ FREE XxXxX XxXxX XxXxX
    498449 5 sheet shredder $13.94 - $5 mir _ $8.94 XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Some other items good Fri & Sat. XxXxX XxXxX XxXxX
    430251 HP G85 $199.98 XxXxX XxXxX XxXxX
    047298 Sharp AL800 $199.98 XxXxX XxXxX XxXxX
    443412 ATP3 Speakers $79.98 - $20 is - $30 mir XxXxX XxXxX XxXxX
    496442 Cendyne DVDr/rw $299.99 - $50 is - $50 mir _ $199.94 XxXxX XxXxX XxXxX
    479814 DVD rom $79.98 - $20 is - $20 mir _ $39.94 XxXxX XxXxX XxXxX
    496741 2pk 4-port USB hub $29.98 - $10 is - $10 mir _ $9.94 Ã guessing USB 1 XxXxX XxXxX XxXxX
    457395 PNY 256 $69.98 - $45 is - $15 mir _ $9.94 XxXxX XxXxX XxXxX
    491698 Cobra 104 $49.99 - $20 is - $10 mir _ $19.94 XxXxX XxXxX XxXxX
    425803 Scotch tape dispenser $3.29 - $3.29 mir _ FREE XxXxX XxXxX XxXxX
    water 2 cases for $9 XxXxX XxXxX XxXxX
    450431 Envision 19" $199.98 - $100 mir _ $99.98 XxXxX XxXxX XxXxX
    $150 mire desktop pc package or laptop XxXxX XxXxX XxXxX
    $100 is on most bto pc & monitor package XxXxX XxXxX XxXxX
    $200 is on bto desktop or laptop XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Xx Xx Xx Xx Xx Xx Xx Xx Xx Xx Xx X XxXxX XxXxX XxXxX
    Office Max XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    HP G85 $200 XxXxX XxXxX XxXxX
    Cendyne (ltd-163) dvd FAR (free after rebate) 2 mir's, around $30 each. XxXxX XxXxX XxXxX
    Verbatim 48x cd-rw $20 AR XxXxX XxXxX XxXxX
    Hi-Val 100pk cdr and Khypermedia (trash) 100pk cdr FAR XxXxX XxXxX XxXxX
    100pk slim jewel cases FAR XxXxX XxXxX XxXxX
    Go Video DVD/VHS player $100 The box didn't say video cd capable, but I think this is the link XxXxX XxXxX XxXxX
    0223-5986 HP G85 $200 XxXxX XxXxX XxXxX
    2014-8190 16x dvd FAR 20mir/25mir XxXxX XxXxX XxXxX
    2021-6375/2021-3895/2018-2491 48x12x48 cd-rw $20, 30 XxXxX XxXxX XxXxX
    2014-6496 dvd-r/rw $170, 50 XxXxX XxXxX XxXxX
    2021-9194/2021-9201 2.1megapixel camera 100 XxXxX XxXxX XxXxX
    0223-7387 FRS 110 $15, 10/10 XxXxX XxXxX XxXxX
    2013-2660 5 piece speakers Altec Lansing $20, 10 XxXxX XxXxX XxXxX
    2022-5203 Phonemate 2.4ghz phone $10, 10 XxXxX XxXxX XxXxX
    2003-9156 Palm m500 $120, 25 XxXxX XxXxX XxXxX
    2008-6256 Kingston pc133 128mb FAR, 15/5 XxXxX XxXxX XxXxX
    2021-9210,2022--8344,1426-7633,2022-6729 Argus 2.1 camera, 64cf, cf reader and epson c42 $200, 30/20 XxXxX XxXxX XxXxX
    2021-3886 personal cd player $15, 10 XxXxX XxXxX XxXxX
    2022-7087 Go video dual deck vhs/dvd (4300 I think) $100, 30/15 XxXxX XxXxX XxXxX
    2006-8800/2006-8784 Hi-Val 100pk cd-r FAR, 20 XxXxX XxXxX XxXxX
    2018-7245 Khypermedia 100pk cd-r FAR, 20 XxXxX XxXxX XxXxX
    2016-1502 100pk Jewel case FAR, 5/5 XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    The rest are all FAR with rebates under $15: XxXxX XxXxX XxXxX
    Passive speakers, Keyboard(2003-9316), IBM 2 button mouse, HI-Val modem, Belkin XxXxX XxXxX XxXxX
    pci nic, Cyber Acoustics Microphone ("be careful with that mic-clutch) Sunburst XxXxX XxXxX XxXxX
    pen, rca vhs tape, belkin 8 outlet surge protector, 10pk floppy, 32 cd wallet(2002-1924/2020-1880) XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Xx Xx Xx Xx Xx Xx Xx Xx Xx Xx Xx X XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Kmart XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Okay I'm almost afraid to post after the last time LOL! Anyway this again is taken from another board. XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    KMART XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    5am - 11am only: XxXxX XxXxX XxXxX
    twin,full,queen comforters 12.99 XxXxX XxXxX XxXxX
    ladies basic edition holiday fleece buy one get one free XxXxX XxXxX XxXxX
    buy one get one 50% off trim a home 100 ct fauceted bulb, 100 ct heavy duty or 140 ct. mini light set XxXxX XxXxX XxXxX
    hershey's mars and nestle holdiday candy buy one get one free XxXxX XxXxX XxXxX
    men's lambskin leather jacket 49.99 XxXxX XxXxX XxXxX
    knighstbridge boxers buy one get one free XxXxX XxXxX XxXxX
    4 pack cootie games 9.99 XxXxX XxXxX XxXxX
    diva starz 9.99 XxXxX XxXxX XxXxX
    bob the builder or wendy talking plush 5.00 XxXxX XxXxX XxXxX
    tool source 120 pc home repair or 128 pc tool set 17.99 XxXxX XxXxX XxXxX
    lasonic dvd/cd/mp3 68.99 XxXxX XxXxX XxXxX
    hamilton beach 6 slice toaster oven 29.99 XxXxX XxXxX XxXxX
    george forman party grill with bonus george forman grill 37.77 XxXxX XxXxX XxXxX
    hanes or jerzee fleece buy one get one free XxXxX XxXxX XxXxX
    14 kt gold earrings reg. 59.99 $9.99 XxXxX XxXxX XxXxX
    10kt 3mm rope earrings,ring or bracelets reg.59.99 13.99 XxXxX XxXxX XxXxX
    supersize pillows 2 for 5.00 XxXxX XxXxX XxXxX
    swivel-glider recliner with ottoman 89.99 XxXxX XxXxX XxXxX
    barbie pose me pets funky trunk 12.49 XxXxX XxXxX XxXxX
    lovemates slippers 2.49 XxXxX XxXxX XxXxX
    buy one get one 50% off all legos XxXxX XxXxX XxXxX
    free martha stewart holiday baking magazine with any purchase limited to first 300 customers XxXxX XxXxX XxXxX
    receive a $10 reward valid thruy 12-8-02 for spending $50. XxXxX XxXxX XxXxX
    friday and saturday lowest prices of the season on: XxXxX XxXxX XxXxX
    polly pocket world park 16.99 XxXxX XxXxX XxXxX
    disney uno 6.99 XxXxX XxXxX XxXxX
    hot wheels turbo jet city 34.99 XxXxX XxXxX XxXxX
    power rangers goggles 8.99 XxXxX XxXxX XxXxX
    tonka force vehicle 4.99 XxXxX XxXxX XxXxX
    buy one get one free all nascar die cast vehicles XxXxX XxXxX XxXxX
    thunder spring horse 46.99 XxXxX XxXxX XxXxX
    thomas the tank 78.86 XxXxX XxXxX XxXxX
    hot wheels monster truck 7.99 XxXxX XxXxX XxXxX
    tyco humvee 14.99 XxXxX XxXxX XxXxX
    hot wheels 5 pack cars 2.99 XxXxX XxXxX XxXxX
    buy one get one 50% all radio control batteries XxXxX XxXxX XxXxX
    buy one get one free boys basic edition ribbed tops or cargo will pants XxXxX XxXxX XxXxX
    mens yarn dyed flannel shirts 4.99 XxXxX XxXxX XxXxX
    buy one get one free all basic edition socks XxXxX XxXxX XxXxX
    ladies holiday sweaters 19.99 XxXxX XxXxX XxXxX
    buy one get one 50% off bath and body and fragrance sets XxXxX XxXxX XxXxX
    19.99 jewelry boxes are 9.99 XxXxX XxXxX XxXxX
    martha stewart 3 star pillows, evertday towels, bath accessories are buy one get one 50% off XxXxX XxXxX XxXxX
    all family collection towels buy one get one 50% off XxXxX XxXxX XxXxX
    all single or multiroll holiday wrapping paper buy one get one 50% off XxXxX XxXxX XxXxX
    sharp microwave 46.99 XxXxX XxXxX XxXxX
    lexmark printer 49.99 (with bonus cable software and paper) XxXxX XxXxX XxXxX
    memorex 30 pack data cd-r 6.99 XxXxX XxXxX XxXxX
    30 pack memorex music cd-r 9.99 XxXxX XxXxX XxXxX
    monsters inc vhs 10.95 XxXxX XxXxX XxXxX
    certain holiday vhs 88cents or dvd's 2.50 XxXxX XxXxX XxXxX
    13" tv/vcr combo 124.99 curtis mathis XxXxX XxXxX XxXxX
    boys 12" uproar or girls 12" dream bikes 19.99 XxXxX XxXxX XxXxX
    16" pretty lady or boys gauntlet bikes 39.99 XxXxX XxXxX XxXxX
    20" malibu or busted bikes 59.99 XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Thanksgiving Day XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    buy one get one free all hasbro, bradley or parker board games XxXxX XxXxX XxXxX
    buy one get one 50% all ornaments and lights XxXxX XxXxX XxXxX
    20" apex tv 99.99 XxXxX XxXxX XxXxX
    ritz, cheese nips buy one get one free XxXxX XxXxX XxXxX
    miracle whip or mayo 99cents XxXxX XxXxX XxXxX
    barbie pose me pets 4.99 XxXxX XxXxX XxXxX
    bratz doll 9.99 XxXxX XxXxX XxXxX
    power ranger figures buy one get one free XxXxX XxXxX XxXxX
    tabletop relaxation fountain 7.88 XxXxX XxXxX XxXxX
    girls, boys 20" or men's 24" or 26" bikes 59.99 XxXxX XxXxX XxXxX
    mega bloks wave racer or blue thunder 9.99 XxXxX XxXxX XxXxX
    galileo or wireless thermometer 9.99 XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Xx Xx Xx Xx Xx Xx Xx Xx Xx Xx Xx Xx X XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    sears XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Ok and the ad states Nov 29-30th. again there is no mention of these XxXxX XxXxX XxXxX
    deals being XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    available online. I'll put item #s in case anyone wants to compare XxXxX XxXxX XxXxX
    current price XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    online. XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Save 50% off: XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    #34251 craftsman 251 pc mechanic's tool set 149.99 sale pr XxXxX XxXxX XxXxX
    #33963 craftsman 63 pc mechanic's tool set 29.99 sale pr XxXxX XxXxX XxXxX
    #34551 craftsman 2 pc socket accessory set 19.99 sale XxXxX XxXxX XxXxX
    #30385 companion 101 pc automotive repair set 24.99 sale XxXxX XxXxX XxXxX
    #30567 companion 67 pc tool set 17.49 sale XxXxX XxXxX XxXxX
    #31484 craftsman bar clamp 9.99 sale XxXxX XxXxX XxXxX
    #49032 craftsman deep read stud finder 9.99 sale XxXxX XxXxX XxXxX
    #82082 craftsman digital multi meter 9.99 sale XxXxX XxXxX XxXxX
    #17711 craftsman 1.5 peak HP, 2 gal wet/dry vac 19.99 sale XxXxX XxXxX XxXxX
    #10173 craftsman 3/8 in drill 19.99 sale XxXxX XxXxX XxXxX
    #11412 craftsman 7.2 volt drill 19.99 sale XxXxX XxXxX XxXxX
    #40411 craftsman large mouth tool bag 9.99 sale XxXxX XxXxX XxXxX
    #73915 cord reel with 100w worklight 9.99 sale XxXxX XxXxX XxXxX
    #34553&34554 3/8 in drive rachet w/9 sockets 9.99 sale XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Plus: XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    #42000&42001 gear wrench 7 pc wrench set 39.99 sale XxXxX XxXxX XxXxX
    #33975 craftsman 75 pc mechanic's tool set 49.99 sale XxXxX XxXxX XxXxX
    #46935&46936 craftsman 26 pc wrench set 49.99 sale XxXxX XxXxX XxXxX
    #33122 craftsman 122 pc mechanic's tool set 79.99 sale XxXxX XxXxX XxXxX
    #42406&42407 craftsman 7 pc ratcheting wrench set 89.99 sale XxXxX XxXxX XxXxX
    #50523 craftsman 2 1/4 ton jack w/case 29.99 sale XxXxX XxXxX XxXxX
    #53975 craftsman 1/2 HP garage door opener 149.99 sale XxXxX XxXxX XxXxX
    (159.99 on sears.com now) XxXxX XxXxX XxXxX
    #50190 craftsman motorcycle jack 99.99 sale XxXxX XxXxX XxXxX
    #65904,65905,65120 craftsman 13 drawer storage combo XxXxX XxXxX XxXxX
    279.99 when you buy all 3 plus free 3 drawer chest XxXxX XxXxX XxXxX
    #59975 craftsman 5 drawer premium tool center 77.00 sale XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    FREE air tools 139$ value when you buy either air compressor XxXxX XxXxX XxXxX
    #16553 craftsman air compressor 30 gal vertical 299.99 sale XxXxX XxXxX XxXxX
    #16554 craftsman air compressor 33 gal horizontal 299.99 sale XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    #41816 craftsman 18 pc screwdriver set 19.99 sale XxXxX XxXxX XxXxX
    #41819 craftsman 24 pc screwdriver set 29.99 sale XxXxX XxXxX XxXxX
    #44664 craftsman 3pc adj wrench set 19.99 sale XxXxX XxXxX XxXxX
    #45713 craftsman 3pc locking pliers set 29.99 sale XxXxX XxXxX XxXxX
    #45243 craftsman 3 pc pliers set 19.99 sale XxXxX XxXxX XxXxX
    #37310 craftsman prof accu-cut 19.99 sale XxXxX XxXxX XxXxX
    #43278 craftsman 3pc pry bar set 29.99 XxXxX XxXxX XxXxX
    #42303 craftsman 2pc clench wrench set 29.99 XxXxX XxXxX XxXxX
    #47000&47001 craftsman 9pc wrench set 19.99 XxXxX XxXxX XxXxX
    #65482 Keter rolling tool cart 29.99 sale XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    #65432 craftsman 20 in tool box 9.99 sale XxXxX XxXxX XxXxX
    #59338 craftsman 3 drawer chest 39.99 sale XxXxX XxXxX XxXxX
    #65796 craftsman adj height clamping table 49.99 sale XxXxX XxXxX XxXxX
    #65204 craftsman 5 drawer proj ctr 88.00 sale XxXxX XxXxX XxXxX
    #17777 craftsman wet/dry vac 79.99 sale XxXxX XxXxX XxXxX
    #15210 craftsman oil-lubed compressor 99.99 sale XxXxX XxXxX XxXxX
    #16528&16529 craftsman compressor combo kit 199.99 sale XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    #10850 craftsman 7 1/4 in circular saw 29.99 sale XxXxX XxXxX XxXxX
    #11680 craftsman mouse sander w/case 39.99 sale XxXxX XxXxX XxXxX
    #11501 craftsman 4 in grinder kit w/case 39.99 XxXxX XxXxX XxXxX
    #61097 craftsman var speed rotary tool kit w/carry bag 39.99 sal XxXxX XxXxX XxXxX
    #26946 craftsman prof 3/8 in drill w/case 39.99 sale XxXxX XxXxX XxXxX
    #11415 craftsman 16.8 volt drill w/hand vac kit XxXxX XxXxX XxXxX
    w/case 69.88 closeout XxXxX XxXxX XxXxX
    #25755 drill doctor drill bit sharpener 79.99 sale XxXxX XxXxX XxXxX
    #26185 craftsman 85 pc speedlok set 89.99 sale XxXxX XxXxX XxXxX
    #24888 craftsman 10in bench-top table saw w/stand 199.00 sale XxXxX XxXxX XxXxX
    #21250 craftsman 10in compound aluminum miter saw w/laser XxXxX XxXxX XxXxX
    Trac cutting guide 199.00 sale XxXxX XxXxX XxXxX
    #26466 craftsman prof router table 89.99 XxXxX XxXxX XxXxX
    #11715 craftsman 3x21 in belt sander 59.99 XxXxX XxXxX XxXxX
    #17574 craftsman 8 amp router 59.99 XxXxX XxXxX XxXxX
    #23223 tradesman 10 in miter saw 88.00 XxXxX XxXxX XxXxX
    #21409 craftsman 9 in band saw 119.99 XxXxX XxXxX XxXxX
    #21610 craftsman 16 in variable speed scroll saw 119.99 XxXxX XxXxX XxXxX
    #21830 craftsman 10 in jobsite table saw 349.99 XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Have fun all you Tim the tool man Taylors XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Appliances XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Samsung Microwave #70012 sale priced 29.99 (after 15$ sav & 10$ mail XxXxX XxXxX XxXxX
    in rebate) XxXxX XxXxX XxXxX
    Samsung Microwave #70212 sale priced 64.99 after 10$ savings & 10$ XxXxX XxXxX XxXxX
    mail in XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    rebate) XxXxX XxXxX XxXxX
    Kenmore Microwave/toaster combo #62292 sale priced 119.99 XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Friday only 0% financing on all home appliances XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Kenmore super capacity washer #22422 sale 277.00 XxXxX XxXxX XxXxX
    Kenmore extra large capacity dryer #64202 sale 269.99 XxXxX XxXxX XxXxX
    Maytag Oversized Capacity Plus washer #37642 sale 469.99 XxXxX XxXxX XxXxX
    Maytag Oversized Capacity Plus dryer #47642 sale 399.99 XxXxX XxXxX XxXxX
    Kenmore High-efficiency washer #43042 sale 649.99 XxXxX XxXxX XxXxX
    Kenmore xtra large cap dryer #83042 sale 399.99 XxXxX XxXxX XxXxX
    Kenmore Extra large cap washer #13202 sale 249.99 XxXxX XxXxX XxXxX
    Kenmore xtra large cap dryer #63112 closeout sale 239.88 XxXxX XxXxX XxXxX
    Kenmore Sup Cap washer #23812 sale 399.99 XxXxX XxXxX XxXxX
    Kenmore Sup Cap dryer #62612 closeout sale 299.88 XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Kenmore fridge #71822 18.2 cu ft sale 449.99 XxXxX XxXxX XxXxX
    Frigidaire fridge #88892 18.2 cu ft sale 399.88 closeout XxXxX XxXxX XxXxX
    Kenmore fridge #52572 25.2 cu ft sale 999.88 closeout XxXxX XxXxX XxXxX
    Whirlpool fridge #36502 25 cu ft sale 899.99 XxXxX XxXxX XxXxX
    Kenmore fridge #62822 18.5 cu ft sale 649.99 XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Kenmore dishwasher #17502 sale 399.99 XxXxX XxXxX XxXxX
    Kenmore dishwasher #16121 sale 188.00 XxXxX XxXxX XxXxX
    Kenmore dishwasher #16522 sale 277.00 XxXxX XxXxX XxXxX
    Kenmore range #95212 sale 359.99 XxXxX XxXxX XxXxX
    Kenmore gas range #72112 sale 299.88 closeout XxXxX XxXxX XxXxX
    Kenmore electr range #93751 sale 399.99 XxXxX XxXxX XxXxX
    Kenmore gas range #75751 sale 499.99 XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    ****Remembersearsdoes price match so compare to other Black Friday ads at HHGregg & other places.searsdoes tend to run high in my experience but they do price XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    match and have brands other than kenmore, barely, listed here. XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Xx Xx Xx Xx Xx Xx Xx Xx Xx XxXxX XxXxX XxXxX
    WAL MART : XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    These items are only on sale from 6 am till 11 AM XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Symphonic 27 in TV 148.62 XxXxX XxXxX XxXxX
    Symphonic dvd/vcr 98.87 XxXxX XxXxX XxXxX
    Apex DVD player 48.76 XxXxX XxXxX XxXxX
    Kodak CX4300 Digital camera .2 megapixel, 2X digital zoom amd 16 MD internal XxXxX XxXxX XxXxX
    memory Dock n go cradle compatiable.154.00 XxXxX XxXxX XxXxX
    hotwheels , matchbox, tonka, or GI joe 20 pack vehicle assortment 10.00 XxXxX XxXxX XxXxX
    HP computerw/monitor,printer CD writer/DVD combo drive 698.00 XxXxX XxXxX XxXxX
    (Computer info: XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Intel celeron processor 2.0 Ghz, 256MB DDR SDRAM memory, Integrated Intel extreme graphics with up to 64MB shared video memory, 60MB hard drive, Built in CD_WRITER/DVD combo drive, v.90 K%^flex data/fax modem, 10/100 baseT network interface, HP pavilion 17 inch color monitor, HP Deskjet 3320V photo quality color printer USB cable included) XxXxX XxXxX XxXxX
    game boy advance with screen protector 49.68 XxXxX XxXxX XxXxX
    Roadmaster 300 watt speaker system 14.88 XxXxX XxXxX XxXxX
    Symphonic tv vcr combo 13in 89.74 XxXxX XxXxX XxXxX
    Quasar camcorder 208.00 XxXxX XxXxX XxXxX
    Eureka boss vacuum 35.00 XxXxX XxXxX XxXxX
    Black and decker 4 pack tool, screwdriver,sander,jigsaw,drill 49.96 XxXxX XxXxX XxXxX
    regal 22 piece cookware 28.36 XxXxX XxXxX XxXxX
    30 Quart turkey fryer 29.97 XxXxX XxXxX XxXxX
    4 cup coffeemaker, mini chopper, electric knife,1 qt crockpot, sandwich maker 5.00 each XxXxX XxXxX XxXxX
    Quest boys and girls 12,16,20 in bikes 24.00 XxXxX XxXxX XxXxX
    mens and ladies 24, 26 in bikes 45.00 XxXxX XxXxX XxXxX
    power wheels jeep 76.93 (wrangler jeep made for 1) XxXxX XxXxX XxXxX
    Nikko radio controlled vehicle 20.00 XxXxX XxXxX XxXxX
    Monopoly or trouble 4.44 XxXxX XxXxX XxXxX
    Purse fun barbie 5.00 XxXxX XxXxX XxXxX
    barbie playset assortment or hotwheels playset 7.00 XxXxX XxXxX XxXxX
    Lego bionicles 5.88 XxXxX XxXxX XxXxX
    scooter Samantha 10.00 XxXxX XxXxX XxXxX
    250 mega blocks, Jake the snake radio controlled 10.00 XxXxX XxXxX XxXxX
    pop out skates 15.00 XxXxX XxXxX XxXxX
    ladies leather boots 10.00 XxXxX XxXxX XxXxX
    mens and youths hiking boots 10.00 XxXxX XxXxX XxXxX
    Mens and ladies fleece 4.36 XxXxX XxXxX XxXxX
    girls and boys fleece 3.36 XxXxX XxXxX XxXxX
    toddler and infants fleece 2.86 XxXxX XxXxX XxXxX
    boys rustler jeans 6.00 XxXxX XxXxX XxXxX
    infants and toddler jeans 5. XxXxX XxXxX XxXxX
    girls boot cut jeans 6. XxXxX XxXxX XxXxX
    ladies and mens faded glory jeans 7.00 XxXxX XxXxX XxXxX
    basketball goal 56.43 XxXxX XxXxX XxXxX
    special basketball 2.96 XxXxX XxXxX XxXxX
    20in 14kt rope chain 19.97 XxXxX XxXxX XxXxX
    25 count light set 3.00 XxXxX XxXxX XxXxX
    singer sewing machine 88.67 XxXxX XxXxX XxXxX
    6.5 pre lit Christmas tree 39.74 XxXxX XxXxX XxXxX
    mens and ladies assortment watches 2 for 5.00 XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Walmart Ad November 29 - December 5th XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Leap frog Quantum pad 39.88 XxXxX XxXxX XxXxX
    My Scene barbie 13,67 XxXxX XxXxX XxXxX
    10 pack barbie fashions 7.96 XxXxX XxXxX XxXxX
    pop sensation Barbie 21.38 XxXxX XxXxX XxXxX
    Barbie talking townhouse 48.88 XxXxX XxXxX XxXxX
    Barbie Rapunzel carriage 26.82 XxXxX XxXxX XxXxX
    Barbie and ken as Rapunzel adn prince 17.76 XxXxX XxXxX XxXxX
    Fisher price sweet magic kitchen 72.84 XxXxX XxXxX XxXxX
    zip n zoom shannen 25.83 XxXxX XxXxX XxXxX
    power wheel jeep wrangler 197.00 XxXxX XxXxX XxXxX
    barbie power wheel jeep 197.00 XxXxX XxXxX XxXxX
    little tikes home improvement workshop 29.83 XxXxX XxXxX XxXxX
    little tikes kitchen or workshop 25.44 XxXxX XxXxX XxXxX
    hasbro magic start crawl and stand activity center 10.00 XxXxX XxXxX XxXxX
    play doh safari playset 7.00 XxXxX XxXxX XxXxX
    Tonka spiderman web cycle with figure 6.00 XxXxX XxXxX XxXxX
    Candy land, toy story, memory, chutes and ladders, cootie , ants in XxXxX XxXxX XxXxX
    pants, 4.82 XxXxX XxXxX XxXxX
    harry potter twin size sheets 14.94 XxXxX XxXxX XxXxX
    guess who, twister,operation, bop it 10.96 XxXxX XxXxX XxXxX
    casio full size keyboard 88.72 XxXxX XxXxX XxXxX
    memorex karaoke machine 59.73 XxXxX XxXxX XxXxX
    lenoxx personal CD player 17.77 XxXxX XxXxX XxXxX
    venturer 5 cd stereo with remote 48.84 XxXxX XxXxX XxXxX
    XBOX woth 3 games, jetset radio future,sega gt 2002, and amped XxXxX XxXxX XxXxX
    199.94 XxXxX XxXxX XxXxX
    Toddler snoopy table and chairs 29.46 XxXxX XxXxX XxXxX
    14 foot trampoline 128.23 XxXxX XxXxX XxXxX
    Ozark trail 3 piece set 18.86 tent, sleeping bag, chair XxXxX XxXxX XxXxX
    Stanley rolling tool chest 134.83 XxXxX XxXxX XxXxX
    Black and decker 14.4 cordless drill driver set 39.96 XxXxX XxXxX XxXxX
    Grab it go mop 23.74 XxXxX XxXxX XxXxX
    Eureka bagless Upright vacuum cleaner 86.44 XxXxX XxXxX XxXxX
    Gibson 116 piece dinnerware set 26.88 XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Xx Xx Xx Xx Xx Xx Xx Xx Xx Xx Xx Xx Xx Xx Xx XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    TARGET XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Audiovox 5-Cd music system - $48 XxXxX XxXxX XxXxX
    GoVideo dual-deck DVD/VCR - $138 XxXxX XxXxX XxXxX
    Monsters Inc, Beauty & The Beast, The Santa Clause, The Rookie - $11.97 each XxXxX XxXxX XxXxX
    Phillips CD/DVD player $88 XxXxX XxXxX XxXxX
    Playstation 2 Games (Street, Spy Hunter, Tony Hawk's ProSkater 3, Virtua Fighter) - $15 each XxXxX XxXxX XxXxX
    Sit n Spin by Playschool - $9.99 XxXxX XxXxX XxXxX
    Daewoo 13" TV/VRC $111 XxXxX XxXxX XxXxX
    Vivitar PZ3115 DB 35mm camera - $59 XxXxX XxXxX XxXxX
    Bop It Extreme 2 - $12 XxXxX XxXxX XxXxX
    Geaorge Foreman The Champ Grill - $14.88 XxXxX XxXxX XxXxX
    25ct. G30 or G40 globe lights - $5.88 XxXxX XxXxX XxXxX
    Prologue by Moderna 3pc luggage set - $19 XxXxX XxXxX XxXxX
    Holiday jar and votive candles - $4.88 XxXxX XxXxX XxXxX
    ProSpirit brushed fleece 1/4 zip pullover - $8.88(adults) $10.88 (mens xxl) $5.88 XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    (boys and girls) XxXxX XxXxX XxXxX
    Take Along Thomas &Friends Work and play roundhouse - $17.88 XxXxX XxXxX XxXxX
    Take along Thomas & Friends travel tote - $11.88 XxXxX XxXxX XxXxX
    Lego building gift sets (Creator table w/172 pieces or baby gift set with 40 big ones) - $12.88 XxXxX XxXxX XxXxX
    Pink & Purple leap pad interacive learning system - $39.99 XxXxX XxXxX XxXxX
    Additional leap pad learning books - $14.99 XxXxX XxXxX XxXxX
    Electronic hand held games (Simon, Connect Four, Boggle, Classic football 2, Hangman, Yahtzee, Battlehip or Classic baseball) - $7.33 XxXxX XxXxX XxXxX
    Fisher-Price intelli-table - $39 XxXxX XxXxX XxXxX
    MicroPets - $6.44 XxXxX XxXxX XxXxX
    Hotwheels vehicles - $.49 XxXxX XxXxX XxXxX
    Fisher-Price Rescue Heroes - $5.77 XxXxX XxXxX XxXxX
    Air Hogs R/C flying vehicles - $44.44 XxXxX XxXxX XxXxX
    Hot Wheels turbo jet city play set - $32.22 XxXxX XxXxX XxXxX
    Lincoln Logs 2-pk (Lonesome pine cabin & Maple woods trading post) - $9.88 XxXxX XxXxX XxXxX
    Lite-Brite - $7.88 XxXxX XxXxX XxXxX
    Micro-Bratz - 2 for $5 XxXxX XxXxX XxXxX
    Diva Starz play sets - $7.67 XxXxX XxXxX XxXxX
    Fisher-Price Loving family home and stable dollhouse - $36.74 XxXxX XxXxX XxXxX
    Fisher-Price Volkswagon new beetle - $9.74 XxXxX XxXxX XxXxX
    Fisher-Price Loving family sweet streets (beach or country house) - $10 XxXxX XxXxX XxXxX
    Polly Pocket play sets - $6.74 XxXxX XxXxX XxXxX
    Baby Annabell doll - $29.74 XxXxX XxXxX XxXxX
    Additional baby annabell clothing - $9.74 XxXxX XxXxX XxXxX
    G.I. Joe Night attack chopper - $23.88 XxXxX XxXxX XxXxX
    12" G.I. Joe action figures - $4.88 XxXxX XxXxX XxXxX
    Power Rangers Megazord action figure or Red Wild warrior - $21.88 XxXxX XxXxX XxXxX
    Power Rangers Deluxe 6 1/2" figures $7.88 XxXxX XxXxX XxXxX
    Polly Pockets snacktime scooter - $5.13 XxXxX XxXxX XxXxX
    Barbie (Sroll n play or mermaid fantasy) - $8.87 XxXxX XxXxX XxXxX
    Palm beach barbie and friends - $2.92 XxXxX XxXxX XxXxX
    Huggable toys (Hug me scooby doo, eye popping spongebob or babbling spongebob) - $12.94 XxXxX XxXxX XxXxX
    2-pk Barbie sets - $8.98 XxXxX XxXxX XxXxX
    Popular Games (Taboo, The Simpsons Clue, G.I. Joe Commando Attack, Opperation Brain Surgery, Barbie Says, Screwy Looey, Throw Me a Bone, Electronic Super Kerplunk, The Worst Case Scenario game and Silly6Pins) - $17 each XxXxX XxXxX XxXxX
    Action-packed games (Uno Deluxe, Ker Plunk, Pet Rescue Game, XxXxX XxXxX XxXxX
    Monopoly, Lets Go Fishin, Scrabble Junior, Pooh Candy Land, Yellow Brick Road Game and charades for kids) $8 each XxXxX XxXxX XxXxX
    Candyland or Chutes and Ladders - $4 XxXxX XxXxX XxXxX
    Uno Attack- $14 XxXxX XxXxX XxXxX
    Hello Kitty Accent lamp, wall mirror, hair dryer, rechargable toothbrush or lighted make-up mirror - $15 each XxXxX XxXxX XxXxX
    Bean bag chair - $16 XxXxX XxXxX XxXxX
    Novelty lights (Ball of lite, Martini neon light or bubble lite with fish) - $13.44 XxXxX XxXxX XxXxX
    Photo frames in merry-go-round, triple gear, revolving wheel, spoke wheel and more styles - $9.77 XxXxX XxXxX XxXxX
    Wine and party accesories (beaded bottle cover, 4-ct napkin rings, place card holders or bottle stoppers) - $5.99 XxXxX XxXxX XxXxX
    Norelco MicroAction Plus corded razor - $29.99 XxXxX XxXxX XxXxX
    Braun Flex XP rechargable shaver - $49.99 XxXxX XxXxX XxXxX
    Norelco Quadra Action cordless rechargeable razor - $69.99 XxXxX XxXxX XxXxX
    Norelco advantage cordless rechargeable shaver - $94.44 XxXxX XxXxX XxXxX
    Braun Syncro system with cleaning unit and automatic charger - $109.99 XxXxX XxXxX XxXxX
    Norelco Spectra cordless rechargeable shaver - $114.44 XxXxX XxXxX XxXxX
    Revlon Messager w/ infrared heat - $14.99 XxXxX XxXxX XxXxX
    Conair bath mat w/ heated bubbles - $29.99 XxXxX XxXxX XxXxX
    Conair foot bath w/ heat and bubbles - $14.99 XxXxX XxXxX XxXxX
    Braun Oral-B 3D Excel - %4.99 XxXxX XxXxX XxXxX
    Sonicare Personal - $69.99 XxXxX XxXxX XxXxX
    2-pk Sonicare brush heads - $19.99 XxXxX XxXxX XxXxX
    Emerson 1000-watt microwave oven - $48.88 XxXxX XxXxX XxXxX
    Shark canister vac - $78.49 XxXxX XxXxX XxXxX
    Dirt Devil Extra light bagless 12-amp vac - $78.49 XxXxX XxXxX XxXxX
    Black and Decker 12 cup coffee maker, 2-speed blender, mini food processor, sandwich maker or individual coffeemaker with stainless steel mug - $14.88 each XxXxX XxXxX XxXxX
    Black and Decker toaster oven - $22.88 XxXxX XxXxX XxXxX
    Melitta Mill & Brew coffee maker - $56.88 XxXxX XxXxX XxXxX
    Bissell Spot lifter compact cordless deep cleaner - $19.88 XxXxX XxXxX XxXxX
    Dirt Devil hand vac - $19.88 XxXxX XxXxX XxXxX
    Quick Chop - $9.99 XxXxX XxXxX XxXxX
    14x17" polysafe cutting board - $9.99 XxXxX XxXxX XxXxX
    Trent 1.5 qt. teakettle from Copco - $8.88 XxXxX XxXxX XxXxX
    10% off all other copco tea kettles XxXxX XxXxX XxXxX
    14-pc anchor glass bakeware set - $16.99 XxXxX XxXxX XxXxX
    10% off other selected Anchor Hocking bakeware XxXxX XxXxX XxXxX
    Stovetop popcorn popper by Back to Basics - $18.88 XxXxX XxXxX XxXxX
    10% off all Back to Basics popcorn accesories XxXxX XxXxX XxXxX
    Chefmate roaster with rack - $14.99 XxXxX XxXxX XxXxX
    14pc Mirro easy-clean cookset - $39.99 XxXxX XxXxX XxXxX
    11pc meat fondue set or 16pc cheese and chocolate fondue set - $22.22 XxXxX XxXxX XxXxX
    20-pc Holiday Charm dinnerware set - $8 XxXxX XxXxX XxXxX
    5.4 gal stainless steel step can with bonus 10" step can by Home - $14.88 XxXxX XxXxX XxXxX
    20% off all other Home trash cans XxXxX XxXxX XxXxX
    Samsung Diginax 350S digital camera - $248.88 XxXxX XxXxX XxXxX
    Lexar 64Mb card - $38 XxXxX XxXxX XxXxX
    15% off all other Lexar digital media XxXxX XxXxX XxXxX
    Concord digital/web cam - $44.99 XxXxX XxXxX XxXxX
    SureShot 105 35mm zoom camera - $98.88 XxXxX XxXxX XxXxX
    Kodak Advantix T700 APS camera - $79.77 XxXxX XxXxX XxXxX
    Samsung Hi8 camcorder - $249.99 XxXxX XxXxX XxXxX
    TDK Hi8 camcorder tapes 4-pk - $13.99 XxXxX XxXxX XxXxX
    Photosmart 320 digital camera - $149.99 XxXxX XxXxX XxXxX
    Palm M125 8MB handheld PC - $129.99 XxXxX XxXxX XxXxX
    Audiovox DVD/CD home theater system - $139.88 XxXxX XxXxX XxXxX
    Canon S200 color inkjet printer - $34.77 XxXxX XxXxX XxXxX
    Hello Kitty CD boombox - $39.44 XxXxX XxXxX XxXxX
    Phillips personal CD player w/ remote control - $39.44 XxXxX XxXxX XxXxX
    Jensen CD shower radio - $39.44 XxXxX XxXxX XxXxX
    Panasonic 220-watt music system - $148.88 XxXxX XxXxX XxXxX
    Motorola 2.4 GHz Caller ID cordless phone - $44.99 XxXxX XxXxX XxXxX
    Motorola 2.4 GHz digital answering system and caller ID phone - $64.99 XxXxX XxXxX XxXxX
    Sony 4-head hi-fi VCR - $89.99 XxXxX XxXxX XxXxX
    Sony DVD/CD player - $129.99 XxXxX XxXxX XxXxX
    Sony DVD/VCR space saver - $249.99 XxXxX XxXxX XxXxX
    Mixman DM2 digital music mixer - $39.97 XxXxX XxXxX XxXxX
    Sony 12-pk T-120 vhs tapes - $9.88 XxXxX XxXxX XxXxX
    Sony 8-pk T-160 vhs tapes - $9.88 XxXxX XxXxX XxXxX
    Memorex 30-pk CD-R discs - $9.88 XxXxX XxXxX XxXxX
    Memorex 25-pk Cool colors CD-R discs - $9.88 XxXxX XxXxX XxXxX
    Black Knight, Behing Enemy Lines, Shallow Hal, Don't Say a Word, From Hell or Joyride DVDs - $9.99 XxXxX XxXxX XxXxX
    Harry Potter and the chamber of secrets computer game - $29.99 XxXxX XxXxX XxXxX
    Treasue Planet Battle of Procyon comp. game - $24.76 XxXxX XxXxX XxXxX
    Medal of Honor Spearhead comp. game - $24.99 XxXxX XxXxX XxXxX
    The Sims deluxe edition comp. game - $32.88 XxXxX XxXxX XxXxX
    Backyard baseball or basketball comp. game - $9.99 XxXxX XxXxX XxXxX
    Disney coaster comp game - $9.99 XxXxX XxXxX XxXxX
    Skateboard park tycoon - $9.99 XxXxX XxXxX XxXxX
    Gamecube limited edition bundle w/ super smash bros. melee - $149.99 XxXxX XxXxX XxXxX
    Gamecube games (Metroaid Prime, Mario Party 4, Harry Potter) - $49.99 XxXxX XxXxX XxXxX
    Gamecube game Sonic Mega Collection - $39.99 XxXxX XxXxX XxXxX
    X-Box games (Tony Hawks Proskater 4, Dead to Rights, Reign of Fire, Turok evolution) - $37.88 each XxXxX XxXxX XxXxX
    X-Box games Conflict: Desert Storm ($44.88), Time Splitters 2 ($49.99), NHL 2003 ($49.99), Lord of The Rings ($49.99) Playstation 2 game system - $199.99 XxXxX XxXxX XxXxX
    Playstation 2 games - NBA live ($49.99), Grand Theft Auto Vice City XxXxX XxXxX XxXxX
    ($49.99), XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Shrek Super Party ($34.88), Suikoden ($39.99), Shinobi ($49.99), XxXxX XxXxX XxXxX
    Contra ($44.99), XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Spyro Enter the dragonfly ($44.88), Minority Report Everybody Runs ($39.88) XxXxX XxXxX XxXxX
    Playstation 2 games (Fishermans Bass Club or Hard Hitter Tennis) - $9 each XxXxX XxXxX XxXxX
    Gameboy Advance games (Frogger's Adventures, Madden 2003 or Lego Racers 2) - $9 each XxXxX XxXxX XxXxX
    Playstation games (Putter Golf, RC Helicopter or Chess) - $5 each XxXxX XxXxX XxXxX
    Leatherman Juice Multitools (C2 or S2) - $32 XxXxX XxXxX XxXxX
    Leatherman Juice Multitools (CS4 or KF4) - $37 XxXxX XxXxX XxXxX
    2-pk Thermos travel tumblers - $7 XxXxX XxXxX XxXxX
    Queen-size Comfort-Rest airbed and pump - $25 XxXxX XxXxX XxXxX
    Greatland captain's chair - $6 XxXxX XxXxX XxXxX
    eTrex global positioning systems by Garmin - $89 XxXxX XxXxX XxXxX
    Ear grips ear warmers - $10 XxXxX XxXxX XxXxX
    Skates (VFX Gear boys Galaxyin-line skates, girls twilight in-line skates, Fireball quad roller skates or Urban Rider roller shoes) - $13 pair XxXxX XxXxX XxXxX
    26" spacesaucer snow sled - 2 for $5 XxXxX XxXxX XxXxX
    Electronic dart boards (Mach 1 or Challenger DX2500) - $13 each XxXxX XxXxX XxXxX
    Fisher-Price 10" bikes (School bus bike and tricycle) - $15 XxXxX XxXxX XxXxX
    Activity Sports Sets (3-pk mini sport balls, 2-pk playground balls, or boys or girls bike accesory gift sets) - $5 each XxXxX XxXxX XxXxX
    Nickelodeon Rocket Power skateboard - $15 XxXxX XxXxX XxXxX
    20% off all other skateboards XxXxX XxXxX XxXxX
    Build and Paint craft kits - $8.88 XxXxX XxXxX XxXxX
    Armor All gift box - $20 XxXxX XxXxX XxXxX
    Taylor body fat analyzer and scale - $35 XxXxX XxXxX XxXxX
    95-pc Durabuilt mechanics tool set - $17.88 XxXxX XxXxX XxXxX
    Restore and Restyle kids storage organizers w/ removable bins - $45 XxXxX XxXxX XxXxX
    VersaPak 3-tool cordless combo kit - $45 XxXxX XxXxX XxXxX
    Black and Decker 14.4V cordless reversible drill - $45 XxXxX XxXxX XxXxX
    Black and Decker power tools (Variable speed rotary saw, 3.4-amp XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Navigator-powered handsaw or Mega Mouse 4-in-1 sander/polisher) - $59.99 XxXxX XxXxX XxXxX
    5-position drill/driver - $49.99 XxXxX XxXxX XxXxX
    85th anniversary Black and Decker 14.4 cordless drill/driver kit - $99 XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    more target XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Infants and toddlers Tykes thermals (Union suit or 2-pc long john set) - $3.88 XxXxX XxXxX XxXxX
    Infants and toddlers sweaters (Infants and toddlers Girls circo chenille or acrylic styles and toddler boys cherokee acrylic and cotton styles) - $6.88 XxXxX XxXxX XxXxX
    Infants and toddlers girls circo leggings - $3.88 XxXxX XxXxX XxXxX
    Girls 4-16 boot-cut pants - $5.88 XxXxX XxXxX XxXxX
    Boys and girls 4-14 circo long underwear sets - $5.88 XxXxX XxXxX XxXxX
    Girls 4-16 Cherokee sweater (Ribber cotton crewneck or turtleneck) - $6.88 XxXxX XxXxX XxXxX
    Girls 4-16 circo pants (Denim jeans or cordoroys) - $7.88 XxXxX XxXxX XxXxX
    Boys and girls 4-16 Circo flannel sleep pants or tees - $5.88 XxXxX XxXxX XxXxX
    Boys 4-16 Cherokee sweater (Cotton crewneck with raglan sleeves or solid color mock turtleneck) - $6.88 XxXxX XxXxX XxXxX
    Boys 4-16 Legendary Gold Jeans - $7.44 XxXxX XxXxX XxXxX
    Mens Cherokee long sleeve cotton tee - $5.99 (XXL- $7.99) XxXxX XxXxX XxXxX
    Mens Cherokee cotton flannel pants - $7.99 XxXxX XxXxX XxXxX
    Mens Cherokee 5-pocket cotton denim jeans, carpenter jeans or carpenter pants - $9.99 XxXxX XxXxX XxXxX
    Mens character boxer shorts - $5.99 XxXxX XxXxX XxXxX
    Mens Cherokee Mock turtleneck in solid colors - $7.99 (XXL - $9.99) XxXxX XxXxX XxXxX
    Mens Therma Thins lightweight thermals (Top or pants) - $5.99 XxXxX XxXxX XxXxX
    Mens Cherokee pique polo in solid colors - 7.99 (extended sizes - $9.99) XxXxX XxXxX XxXxX
    Mens pro-spirit brushed fleece pants - $9.99 (XXL- $9.99) XxXxX XxXxX XxXxX
    Womens Cherokee cotton interlock turtleneck - $4.88 (Sizes x-3x $6.88) XxXxX XxXxX XxXxX
    Womens Cherokee cotton interlock tee with long sleeves - $5.88 XxXxX XxXxX XxXxX
    Womens Cherokee cotton/rayon tee with long sleeves - $5.88 (X-3X $7.88) XxXxX XxXxX XxXxX
    Womens Cherokee knit cardigan - $7.88 XxXxX XxXxX XxXxX
    Matching short-sleeve crewneck - $5.88 XxXxX XxXxX XxXxX
    Womens Cherokee jeans (5-pocket or carpenter) - $9.88 XxXxX XxXxX XxXxX
    Womens Cherokee cotton jersey tee (v-neck or crewneck with long sleeves) - $5.88 XxXxX XxXxX XxXxX
    Xhilaration chenille robes - $18.88 XxXxX XxXxX XxXxX
    Xhilaration Knit pajamas - $9.88 (XXL - $11.88) XxXxX XxXxX XxXxX
    Xhiliration slipper socks - $4.88 XxXxX XxXxX XxXxX
    Womens plush sluppers - $4 XxXxX XxXxX XxXxX
    Childrens character sock-top slippers - $5 XxXxX XxXxX XxXxX
    Adults gift box slippers - $15 XxXxX XxXxX XxXxX
    Chenille hat or gloves - 2 for $4 XxXxX XxXxX XxXxX
    Girls and toddler girls dress shoes - $7.99 XxXxX XxXxX XxXxX
    Womens dress shoes - $14.99 XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    FREE GIFT with fine jewelry purchase - A marcasite with genuine garnet necklace and earring set is your gift when you purchase $29 or more in 10k gold, 14k gold, sterling silver or gold-over-sterling silver jewelry. A $29.99 value XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Holiday Costume jewelry - $5.94 XxXxX XxXxX XxXxX
    14k gold-filled pendants - $11.99 XxXxX XxXxX XxXxX
    Boxed Holiday greeting cards - $2.49-$9.99 XxXxX XxXxX XxXxX
    7 1/2' slim Oregon Pine Artificial tree - $79.99 XxXxX XxXxX XxXxX
    6 1/2' Chelsea Pine Artificial tree - $69.99 XxXxX XxXxX XxXxX
    3' Highland Fir artificial tree - $14.99 XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Free bear with purchase - Buy any three 12 or 13 oz hersheys holiday bagged XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    chocolates and get a free Hersheys 2002 plush Cuddly bear XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    Hersheys 12 or 13 oz holiday bagged chocolates - $2.19 XxXxX XxXxX XxXxX
    Novelty stocking stuffers (7oz theatre size gobstopper snow balls, 2oz holida M&M XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    filled cane and 7oz Hersheys holiday milk chocolate bar) - 4 for $3 XxXxX XxXxX XxXxX
    Holiday candy tins (Mini spiderman lunchbox, telephone booth w/ 9.4oz peanut m&ms, Barbie purse w/ 4oz chocolate treats, Nascar car w/ candy & selected others) 2 for $6 XxXxX XxXxX XxXxX
    The Sing Machine CD+G karaoke system - $38.88 XxXxX XxXxX XxXxX
    Audiovox Digital CD boombox w/ cassette deck - $24.88 XxXxX XxXxX XxXxX
    Audiovox personal CD player w/ digital fm radio and 45 sec anti- skip - $24.88 XxXxX XxXxX XxXxX
    Womens Cherokee Chenille Sweaters - $9.88 XxXxX XxXxX XxXxX
    Girls 4-16 Circo mock turtleneck or cardigan - $9.88 XxXxX XxXxX XxXxX
    Trivial Pursuit 20th Anniversary edition - $25 XxXxX XxXxX XxXxX
    Easy Bake Oven and Snack Center - $9.88 XxXxX XxXxX XxXxX
    Xx Xx Xx Xx Xx Xx Xx Xx Xx Xx Xx Xx Xx Xx X XxXxX XxXxX XxXxX
    TOYS-R-US: XxXxX XxXxX XxXxX
    XxXxX XxXxX XxXxX
    * Save $10 off any purchase of $100 or more XxXxX XxXxX XxXxX
    * Buy 2 get 3rd free GBA or GB Color accessories XxXxX XxXxX XxXxX
    * Save $40 on XBox value pack (includes racing wheel) XxXxX XxXxX XxXxX
    * 2 for $30 on any regulary priced $19.99 PS2 title XxXxX XxXxX XxXxX
    * Save $20 with the purchase of the Nintendo GBA Platinum & Pro Gamers kit XxXxX XxXxX XxXxX
    * Save $10 on spider man game pack or super mario sunshine game pack XxXxX XxXxX XxXxX
    * Save 50% on GBA and GBC bags XxXxX XxXxX XxXxX
    * Buy 2 get 3rd free GBA or GBC games XxXxX XxXxX XxXxX
    * Save $10 Intec Racing wheel XxXxX XxXxX XxXxX
    * Save $10 Hasbro e-kara Pro headset XxXxX XxXxX XxXxX
    * Save $10 DVD/CD player XxXxX XxXxX XxXxX
    * $9.99 your choice on all music cd titles XxXxX XxXxX XxXxX
    * Save $10 Tonka Dusty My Talking Tool Bench XxXxX XxXxX XxXxX
    * Save $5 Tonka Claw Vehicle XxXxX XxXxX XxXxX
    * Save $5 Elite Operations Playset Bucket XxXxX XxXxX XxXxX
    * Save $4 Ziods Deluxe Action Figure Motorized model kits XxXxX XxXxX XxXxX
    * Save $7 shining star bears XxXxX XxXxX XxXxX
    * Save $5 You&Me 22" Baby Darling Gift set XxXxX XxXxX XxXxX
    * Save $5 Polly Pocket Carry alongs XxXxX XxXxX XxXxX
    * Save $10 Belle's Magic Playset XxXxX XxXxX XxXxX
    * Save $10 Discovery Sound Playsets XxXxX XxXxX XxXxX
    * Save $7 Upholstered furnishings XxXxX XxXxX XxXxX
    * Buy One Get One Free on ANY Mega Blocks Gyro Fighters XxXxX XxXxX XxXxX
    * Save $1 Holiday candy XxXxX XxXxX XxXxX
    * Save 20% Shrinky Dinks Maker XxXxX XxXxX XxXxX
    * Save $5 Lite-Brite XxXxX XxXxX XxXxX
    * Save $5 Hasbro Hand-Held Electronic Games XxXxX XxXxX XxXxX
    * Save $3 eBay Auction and Torx electronic games XxXxX XxXxX XxXxX
    * Buy one get one Free on ANY First Play-A-Sound Book XxXxX XxXxX XxXxX
    * Save $50 Little Tikes Magic Sounds Playhouse XxXxX XxXxX XxXxX
    * Save $30 16" Boys rebound or Girls Majestic Bike XxXxX XxXxX XxXxX
    * Save $20 Fisher-Price Tuff Flatables XxXxX XxXxX XxXxX
    * Save 50% 5 in 1 Sports Center XxXxX XxXxX XxXxX
    * Save $20 Radio Flyer Discovery Wagon XxXxX XxXxX XxXxX
    * Save 50% Baskin Robbins Ice Cream Cake Maker XxXxX XxXxX XxXxX
    * Save 60% Fashion Snap Patti Doll XxXxX XxXxX XxXxX
    * Save over 55% off Large Diva Starz Dools XxXxX XxXxX XxXxX
    * Save over 30% off Spider-Man Off Road adventure Vehicle XxXxX XxXxX XxXxX

    --
    Loneliness is a power that we possess to give or take away forever
    1. Re:In the interests of free speech by Fair+Use+Guy · · Score: 1

      Rock on brother! The information is FREE now! I've reposted it in my journal. Fight the power! Down with oppression and the DMCA!

    2. Re:In the interests of free speech by Anonymous Coward · · Score: 0

      (from http://www.bofhweb.org/,

      In review, linking is good, posting on Slashdot is bad. When you post stuff like that here, Slashdot gets in trouble.

  190. The actual information that was removed by Anonymous Coward · · Score: 2, Informative

    Lameness filter fix - Best Buy

    Lameness filter fix - Lexmark X73 multifunction printer (less than $100)
    Lameness filter fix - Kodak Digital Camera (i think $100, not sure of model)

    Lameness filter fix - Monsters Inc., Beauty & The Beast, Grease DVD $12.99
    Lameness filter fix - Shania Twain Up, 8 Mile Soundtrack, Eminem The Eminem Show, 3 Doors Down, U2 The Best Of 1990-2000 CD $8.99
    Lameness filter fix - Panasonic 45 sec No Skip CD Player(SLSX388) $39.99-$10 IR-$5 BB MIR= $24.99
    Lameness filter fix - Precision CDR Discs 40x 80 Min 2 pack 150 total Disc bundle (5770075) $26-$26 MIR

    Lameness filter fix - FREE Curtis 3 CD Shelf System (RCD855) $37.99
    Lameness filter fix - DVD/CD Player [model may vary by store] (CH-DVD 402/2110) $69.99-$30 MIR= $39.99
    Lameness filter fix - ALL Wireless phones regularly $149.99 and below are FREE (after MIR) with new activation
    Lameness filter fix - 75GB 7200 WD (WD750BBRTL)/KByte 256MB PC133 RAM (6432ZZGSEM) BUNDLE $219.98-$60 IR-$109.99 Bundle MIR= $49.99
    Lameness filter fix - AVorcent 48x12x48x CDRW (RWJ-481S) $59.99-$30 MIR-$20 MIR= $9.99
    Lameness filter fix - Kodak EasyShare 2 Megapixel Digital Camera (CX4200) $99.99
    Lameness filter fix - Daewoo 25" Stereo TV (DTQ25S3FC) $159.99-$10 MIR= $149.99
    Lameness filter fix - KLH 160 Watt Home Theater System (HA7000/HA9000) $159.99-$30 MIR= $129.99
    Lameness filter fix - eMachines Celeron 2.0Ghz Computer 256MB DDR SDRAM, 40GB HDD, 40x CDRW, 6 USB 2.0 ports (T2040) $549.99-$250 MIR = $299.99
    Lameness filter fix - SAME MACHINE AS ABOVE + 15" Samsung LCD Monitor (151V) $919.98-$250 MIR-$100 MIR-$70 Samsung MIR= $499.98

    Staples:

    Black Friday 7AM - 10AM. Remember they have 14 days price guarantee. Should have info on non 7AM-10AM soon. Good luck.

    Lameness filter fix - 499667, 499449 scanner $79.98 - $63 mir = $16.98
    Lameness filter fix - 493300 Ezonics PC Camera 2pk $59.98 - $25 is - $25 mir = $9.94
    Lameness filter fix - 496430 30gb 7200 rpm HD $79.98 - $50 mir = $29.98 ß isn't there another valid rebate?
    Lameness filter fix - 488960 cendyne 40x12x48 burner $59.98 - $50 mir = $9.98
    Lameness filter fix - 457057 Palm m500 $144.99 - $15 is = $129.99 plus get 484854 accessory kit $39.99 - $15 is - $25 mir = FREE plus get 499648 Austin Powers Pinball game $2.99 - $2.99 is = FREE
    Lameness filter fix - 466913 HP PSC950 $199.98 - $50 mir = $149.98
    Lameness filter fix - 493000 HP 940 remanufactured $79.98 - $10 is - $30 mir = $39.98
    Lameness filter fix - 469920 HP 318 $139.98 - $10 is - $50 mir = $79.94
    Lameness filter fix - 463438, 480124 Sandisk 128 CF or smart media $69.98 - $32 is $10 mir = $27.94
    Lameness filter fix - 478328 PNY 512 ram $129.98 - $80 is - $20 mir = $29.98
    Lameness filter fix - 473998 Zline Corner Desk $49.94 (after 50pct savings)
    Lameness filter fix - 490583 Envision 775e $164.98 - $87 mir = $77.98
    Lameness filter fix - 450433 Envision 15" LCD $359.98 - $60 is - $100 mir = $199.94
    Lameness filter fix - 496731 100pk cdr $37.98 - $18 is - $20 mir = FREE
    Lameness filter fix - 489577 25pk jewel cases $9.98 - $6 is - $4 mir = FREE
    Lameness filter fix - 498449 5 sheet shredder $13.94 - $5 mir = $8.94

    Some other items good Fri & Sat.
    430251 HP G85 $199.98
    047298 Sharp AL800 $199.98
    443412 ATP3 Speakers $79.98 - $20 is - $30 mir
    496442 Cendyne DVDr/rw $299.99 - $50 is - $50 mir = $199.94
    479814 DVD rom $79.98 - $20 is - $20 mir = $39.94
    496741 2pk 4-port USB hub $29.98 - $10 is - $10 mir = $9.94 ß guessing USB 1
    457395 PNY 256 $69.98 - $45 is - $15 mir = $9.94
    491698 Cobra 104 $49.99 - $20 is - $10 mir = $19.94
    425803 Scotch tape dispenser $3.29 - $3.29 mir = FREE water 2 cases for $9
    450431 Envision 19" $199.98 - $100 mir = $99.98
    $150 mire desktop pc package or laptop
    $100 is on most bto pc & monitor package
    $200 is on bto desktop or laptop

    Office Max

    HP G85 $200
    Cendyne (ltd-163) dvd FAR (free after rebate) 2 mir's, around $30 each.
    Verbatim 48x cd-rw $20 AR
    Hi-Val 100pk cdr and Khypermedia (trash) 100pk cdr FAR
    100pk slim jewel cases FAR
    Go Video DVD/VHS player $100 The box didn't say video cd capable, but I think this is the link
    0223-5986 HP G85 $200
    2014-8190 16x dvd FAR 20mir/25mir
    2021-6375/2021-3895/2018-2491 48x12x48 cd-rw $20, 30
    2014-6496 dvd-r/rw $170, 50
    2021-9194/2021-9201 2.1megapixel camera 100
    0223-7387 FRS 110 $15, 10/10
    2013-2660 5 piece speakers Altec Lansing $20, 10
    2022-5203 Phonemate 2.4ghz phone $10, 10
    2003-9156 Palm m500 $120, 25
    2008-6256 Kingston pc133 128mb FAR, 15/5
    2021-9210,2022--8344,1426-7633,2022-6729 Argus 2.1 camera, 64cf, cf reader and epson c42 $200, 30/20
    2021-3886 personal cd player $15, 10
    2022-7087 Go video dual deck vhs/dvd (4300 I think) $100, 30/15
    2006-8800/2006-8784 Hi-Val 100pk cd-r FAR, 20
    2018-7245 Khypermedia 100pk cd-r FAR, 20
    2016-1502 100pk Jewel case FAR, 5/5

    The rest are all FAR with rebates under $15:
    Passive speakers, Keyboard(2003-9316), IBM 2 button mouse, HI-Val
    modem, Belkin pci nic, Cyber Acoustics Microphone ("be careful with that mic"-
    clutch) Sunburst pen, rca vhs tape, belkin 8 outlet surge protector, 10pk floppy, 32
    cd wallet(2002-1924/2020-1880)

    Okay I'm almost afraid to post after the last time LOL! Anyway this
    again is taken from another board.

    KMART

    5am - 11am only:
    twin,full,queen comforters 12.99
    ladies basic edition holiday fleece buy one get one free
    buy one get one 50pct off trim a home 100 ct fauceted bulb, 100 ct heavy duty or 140 ct. mini light set
    hershey's mars and nestle holdiday candy buy one get one free
    men's lambskin leather jacket 49.99
    knighstbridge boxers buy one get one free
    4 pack cootie games 9.99
    diva starz 9.99
    bob the builder or wendy talking plush 5.00
    tool source 120 pc home repair or 128 pc tool set 17.99
    lasonic dvd/cd/mp3 68.99
    hamilton beach 6 slice toaster oven 29.99
    george forman party grill with bonus george forman grill 37.77
    hanes or jerzee fleece buy one get one free
    14 kt gold earrings reg. 59.99 $9.99
    10kt 3mm rope earrings,ring or bracelets reg.59.99 13.99 supersize pillows 2 for 5.00
    swivel-glider recliner with ottoman 89.99
    barbie pose me pets funky trunk 12.49
    lovemates slippers 2.49
    buy one get one 50pct off all legos
    free martha stewart holiday baking magazine with any purchase limited to first 300 customers receive a $10 reward valid thruy 12-8-02 for spending $50.friday and saturday lowest prices of the season on:
    polly pocket world park 16.99
    disney uno 6.99
    hot wheels turbo jet city 34.99
    power rangers goggles 8.99
    tonka force vehicle 4.99
    buy one get one free all nascar die cast vehicles
    thunder spring horse 46.99
    thomas the tank 78.86
    hot wheels monster truck 7.99
    tyco humvee 14.99
    hot wheels 5 pack cars 2.99
    buy one get one 50pct all radio control batteries
    buy one get one free boys basic edition ribbed tops or cargo will pants
    mens yarn dyed flannel shirts 4.99
    buy one get one free all basic edition socks
    ladies holiday sweaters 19.99
    buy one get one 50pct off bath and body and fragrance sets
    19.99 jewelry boxes are 9.99
    martha stewart 3 star pillows, evertday towels, bath accessories are buy one get one 50pct off
    all family collection towels buy one get one 50pct off
    all single or multiroll holiday wrapping paper buy one get one 50pct off
    sharp microwave 46.99
    lexmark printer 49.99 (with bonus cable software and paper)
    memorex 30 pack data cd-r 6.99
    30 pack memorex music cd-r 9.99
    monsters inc vhs 10.95
    certain holiday vhs 88cents or dvd's 2.50
    13" tv/vcr combo 124.99 curtis mathis
    boys 12" uproar or girls 12" dream bikes 19.99
    16" pretty lady or boys gauntlet bikes 39.99
    20" malibu or busted bikes 59.99

    Thanksgiving Day

    buy one get one free all hasbro, bradley or parker board games
    buy one get one 50pct all ornaments and lights
    20" apex tv 99.99
    ritz, cheese nips buy one get one free
    miracle whip or mayo 99cents
    barbie pose me pets 4.99
    bratz doll 9.99
    power ranger figures buy one get one free
    tabletop relaxation fountain 7.88
    girls, boys 20" or men's 24" or 26" bikes 59.99
    mega bloks wave racer or blue thunder 9.99
    galileo or wireless thermometer 9.99

    sears

    Ok and the ad states Nov 29-30th. again there is no mention of these
    deals being available online. I'll put item No. s in case anyone wants to compare
    current price online.

    Save 50pct off:

    No. 34251 craftsman 251 pc mechanic's tool set 149.99 sale pr
    No. 33963 craftsman 63 pc mechanic's tool set 29.99 sale pr
    No. 34551 craftsman 2 pc socket accessory set 19.99 sale
    No. 30385 companion 101 pc automotive repair set 24.99 sale
    No. 30567 companion 67 pc tool set 17.49 sale
    No. 31484 craftsman bar clamp 9.99 sale
    No. 49032 craftsman deep read stud finder 9.99 sale
    No. 82082 craftsman digital multi meter 9.99 sale
    No. 17711 craftsman 1.5 peak HP, 2 gal wet/dry vac 19.99 sale
    No. 10173 craftsman 3/8 in drill 19.99 sale
    No. 11412 craftsman 7.2 volt drill 19.99 sale
    No. 40411 craftsman large mouth tool bag 9.99 sale
    No. 73915 cord reel with 100w worklight 9.99 sale
    No. 34553&34554 3/8 in drive rachet w/9 sockets 9.99 sale
    No. 42000&42001 gear wrench 7 pc wrench set 39.99 sale
    No. 33975 craftsman 75 pc mechanic's tool set 49.99 sale
    No. 46935&46936 craftsman 26 pc wrench set 49.99 sale
    No. 33122 craftsman 122 pc mechanic's tool set 79.99 sale
    No. 42406&42407 craftsman 7 pc ratcheting wrench set 89.99 sale
    No. 50523 craftsman 2 1/4 ton jack w/case 29.99 sale
    No. 53975 craftsman 1/2 HP garage door opener 149.99 sale
    (159.99 on sears.com now)
    No. 50190 craftsman motorcycle jack 99.99 sale
    No. 65904,65905,65120 craftsman 13 drawer storage combo
    279.99 when you buy all 3 plus free 3 drawer chest
    No. 59975 craftsman 5 drawer premium tool center 77.00 sale
    FREE air tools 139$ value when you buy either air compressor
    No. 16553 craftsman air compressor 30 gal vertical 299.99 sale
    No. 16554 craftsman air compressor 33 gal horizontal 299.99 sale
    No. 41816 craftsman 18 pc screwdriver set 19.99 sale
    No. 41819 craftsman 24 pc screwdriver set 29.99 sale
    No. 44664 craftsman 3pc adj wrench set 19.99 sale
    No. 45713 craftsman 3pc locking pliers set 29.99 sale
    No. 45243 craftsman 3 pc pliers set 19.99 sale
    No. 37310 craftsman prof accu-cut 19.99 sale
    No. 43278 craftsman 3pc pry bar set 29.99
    No. 42303 craftsman 2pc clench wrench set 29.99
    No. 47000&47001 craftsman 9pc wrench set 19.99
    No. 65482 Keter rolling tool cart 29.99 sale
    No. 65432 craftsman 20 in tool box 9.99 sale
    No. 59338 craftsman 3 drawer chest 39.99 sale
    No. 65796 craftsman adj height clamping table 49.99 sale
    No. 65204 craftsman 5 drawer proj ctr 88.00 sale
    No. 17777 craftsman wet/dry vac 79.99 sale
    No. 15210 craftsman oil-lubed compressor 99.99 sale
    No. 16528&16529 craftsman compressor combo kit 199.99 sale
    No. 10850 craftsman 7 1/4 in circular saw 29.99 sale
    No. 11680 craftsman mouse sander w/case 39.99 sale
    No. 11501 craftsman 4 in grinder kit w/case 39.99
    No. 61097 craftsman var speed rotary tool kit w/carry bag 39.99 sal
    No. 26946 craftsman prof 3/8 in drill w/case 39.99 sale
    No. 11415 craftsman 16.8 volt drill w/hand vac kit w/case 69.88 closeout
    No. 25755 drill doctor drill bit sharpener 79.99 sale
    No. 26185 craftsman 85 pc speedlok set 89.99 sale
    No. 24888 craftsman 10in bench-top table saw w/stand 199.00 sale
    No. 21250 craftsman 10in compound aluminum miter saw w/laser
    Trac cutting guide 199.00 sale
    No. 26466 craftsman prof router table 89.99
    No. 11715 craftsman 3x21 in belt sander 59.99
    No. 17574 craftsman 8 amp router 59.99
    No. 23223 tradesman 10 in miter saw 88.00
    No. 21409 craftsman 9 in band saw 119.99
    No. 21610 craftsman 16 in variable speed scroll saw 119.99
    No. 21830 craftsman 10 in jobsite table saw 349.99

    Appliances

    Samsung Microwave No. 70012 sale priced 29.99 (after 15$ sav & 10$ mail in rebate)
    Samsung Microwave No. 70212 sale priced 64.99 after 10$ savings & 10$ mail in rebate)
    Kenmore Microwave/toaster combo No. 62292 sale priced 119.99

    Friday only 0pct financing on all home appliances

    Kenmore super capacity washer No. 22422 sale 277.00
    Kenmore extra large capacity dryer No. 64202 sale 269.99
    Maytag Oversized Capacity Plus washer No. 37642 sale 469.99
    Maytag Oversized Capacity Plus dryer No. 47642 sale 399.99
    Kenmore High-efficiency washer No. 43042 sale 649.99
    Kenmore xtra large cap dryer No. 83042 sale 399.99
    Kenmore Extra large cap washer No. 13202 sale 249.99
    Kenmore xtra large cap dryer No. 63112 closeout sale 239.88
    Kenmore Sup Cap washer No. 23812 sale 399.99
    Kenmore Sup Cap dryer No. 62612 closeout sale 299.88

    Kenmore fridge No. 71822 18.2 cu ft sale 449.99
    Frigidaire fridge No. 88892 18.2 cu ft sale 399.88 closeout
    Kenmore fridge No. 52572 25.2 cu ft sale 999.88 closeout
    Whirlpool fridge No. 36502 25 cu ft sale 899.99
    Kenmore fridge No. 62822 18.5 cu ft sale 649.99
    Kenmore dishwasher No. 17502 sale 399.99
    Kenmore dishwasher No. 16121 sale 188.00
    Kenmore dishwasher No. 16522 sale 277.00
    Kenmore range No. 95212 sale 359.99
    Kenmore gas range No. 72112 sale 299.88 closeout
    Kenmore electr range No. 93751 sale 399.99
    Kenmore gas range No. 75751 sale 499.99

    Remember sears does price match so compare to other Black Friday ads at HHGregg & other places.searsdoes tend to run high in my experience but they do price match and have brands other than kenmore, barely, listed here.

    WAL MART :

    These items are only on sale from 6 am till 11 AM

    Symphonic 27 in TV 148.62
    Symphonic dvd/vcr 98.87
    Apex DVD player 48.76
    Kodak CX4300 Digital camera .2 megapixel, 2X digital zoom amd 16 MD internal memory Dock n go cradle compatiable.154.00
    hotwheels , matchbox, tonka, or GI joe 20 pack vehicle assortment 10.00
    HP computerw/monitor,printer CD writer/DVD combo drive 698.00 (Computer info: Intel celeron processor 2.0 Ghz, 256MB DDR SDRAM memory, Integrated Intel extreme graphics with up to 64MB shared video memory, 60MB hard drive, Built In CD_WRITER/DVD combo drive, v.90 Kpct^flex data/fax modem, 10/100 baseT Network interface, HP pavilion 17 inch color monitor, HP Deskjet 3320V photo
    Quality color printer USB cable included)
    game boy advance with screen protector 49.68
    Roadmaster 300 watt speaker system 14.88
    Symphonic tv vcr combo 13in 89.74
    Quasar camcorder 208.00
    Eureka boss vacuum 35.00
    Black and decker 4 pack tool, screwdriver,sander,jigsaw,drill 49.96
    regal 22 piece cookware 28.36
    30 Quart turkey fryer 29.97
    4 cup coffeemaker, mini chopper, electric knife,1 qt crockpot, sandwich maker 5.00 each
    Quest boys and girls 12,16,20 in bikes 24.00
    mens and ladies 24, 26 in bikes 45.00
    power wheels jeep 76.93 (wrangler jeep made for 1)
    Nikko radio controlled vehicle 20.00
    Monopoly or trouble 4.44
    Purse fun barbie 5.00
    barbie playset assortment or hotwheels playset 7.00
    Lego bionicles 5.88
    scooter Samantha 10.00
    250 mega blocks, Jake the snake radio controlled 10.00
    pop out skates 15.00
    ladies leather boots 10.00
    mens and youths hiking boots 10.00
    Mens and ladies fleece 4.36
    girls and boys fleece 3.36
    toddler and infants fleece 2.86
    boys rustler jeans 6.00
    infants and toddler jeans 5.
    girls boot cut jeans 6.
    ladies and mens faded glory jeans 7.00
    basketball goal 56.43
    special basketball 2.96
    20in 14kt rope chain 19.97
    25 count light set 3.00
    singer sewing machine 88.67
    6.5 pre lit Christmas tree 39.74
    mens and ladies assortment watches 2 for 5.00

    Walmart Ad November 29 - December 5th

    Leap frog Quantum pad 39.88
    My Scene barbie 13,67
    10 pack barbie fashions 7.96
    pop sensation Barbie 21.38
    Barbie talking townhouse 48.88
    Barbie Rapunzel carriage 26.82
    Barbie and ken as Rapunzel adn prince 17.76
    Fisher price sweet magic kitchen 72.84
    zip n zoom shannen 25.83
    power wheel jeep wrangler 197.00
    barbie power wheel jeep 197.00
    little tikes home improvement workshop 29.83
    little tikes kitchen or workshop 25.44
    hasbro magic start crawl and stand activity center 10.00
    play doh safari playset 7.00
    Tonka spiderman web cycle with figure 6.00
    Candy land, toy story, memory, chutes and ladders, cootie , ants in
    pants, 4.82
    harry potter twin size sheets 14.94
    guess who, twister,operation, bop it 10.96
    casio full size keyboard 88.72
    memorex karaoke machine 59.73
    lenoxx personal CD player 17.77
    venturer 5 cd stereo with remote 48.84
    XBOX woth 3 games, jetset radio future,sega gt 2002, and amped 199.94
    Toddler snoopy table and chairs 29.46
    14 foot trampoline 128.23
    Ozark trail 3 piece set 18.86 tent, sleeping bag, chair
    Stanley rolling tool chest 134.83
    Black and decker 14.4 cordless drill driver set 39.96
    Grab it go mop 23.74
    Eureka bagless Upright vacuum cleaner 86.44
    Gibson 116 piece dinnerware set 26.88

    TARGET

    Audiovox 5-Cd music system - $48
    GoVideo dual-deck DVD/VCR - $138
    Monsters Inc, Beauty & The Beast, The Santa Clause, The Rookie - $11.97 each
    Phillips CD/DVD player $88
    Playstation 2 Games (Street, Spy Hunter, Tony Hawk's ProSkater 3, Virtua Fighter) - $15 each
    Sit n Spin by Playschool - $9.99
    Daewoo 13" TV/VRC $111
    Vivitar PZ3115 DB 35mm camera - $59
    Bop It Extreme 2 - $12
    Geaorge Foreman The Champ Grill - $14.88
    25ct. G30 or G40 globe lights - $5.88
    Prologue by Moderna 3pc luggage set - $19
    Holiday jar and votive candles - $4.88
    ProSpirit brushed fleece 1/4 zip pullover - $8.88(adults) $10.88 (mens xxl) $5.88 (boys and girls)
    Take Along Thomas &Friends Work and play roundhouse - $17.88
    Take along Thomas & Friends travel tote - $11.88
    Lego building gift sets (Creator table w/172 pieces or baby gift set with 40 big ones) - $12.88
    Pink & Purple leap pad interacive learning system - $39.99
    Additional leap pad learning books - $14.99
    Electronic hand held games (Simon, Connect Four, Boggle, Classic football 2, Hangman, Yahtzee, Battlehip or Classic baseball) - $7.33
    Fisher-Price intelli-table - $39
    MicroPets - $6.44
    Hotwheels vehicles - $.49
    Fisher-Price Rescue Heroes - $5.77
    Air Hogs R/C flying vehicles - $44.44
    Hot Wheels turbo jet city play set - $32.22
    Lincoln Logs 2-pk (Lonesome pine cabin & Maple woods trading post) $9.88
    Lite-Brite - $7.88
    Micro-Bratz - 2 for $5
    Diva Starz play sets - $7.67
    Fisher-Price Loving family home and stable dollhouse - $36.74
    Fisher-Price Volkswagon new beetle - $9.74
    Fisher-Price Loving family sweet streets (beach or country house) - $10
    Polly Pocket play sets - $6.74
    Baby Annabell doll - $29.74
    Additional baby annabell clothing - $9.74
    G.I. Joe Night attack chopper - $23.88
    12" G.I. Joe action figures - $4.88
    Power Rangers Megazord action figure or Red Wild warrior - $21.88
    Power Rangers Deluxe 6 1/2" figures $7.88
    Polly Pockets snacktime scooter - $5.13
    Barbie (Sroll n play or mermaid fantasy) - $8.87
    Palm beach barbie and friends - $2.92
    Huggable toys (Hug me scooby doo, eye popping spongebob or babbling
    spongebob) - $12.94
    2-pk Barbie sets - $8.98
    Popular Games (Taboo, The Simpsons Clue, G.I. Joe Commando Attack,
    Operation Brain Surgery, Barbie Says, Screwy Looey, Throw Me a Bone,
    Electronic Super Kerplunk, The Worst Case Scenario game and Silly6Pins) - $17 each
    Action-packed games (Uno Deluxe, Ker Plunk, Pet Rescue Game, Monopoly, Lets Go Fishin, Scrabble Junior, Pooh Candy Land, Yellow Brick Road Game and
    charades for kids) $8 each
    Candyland or Chutes and Ladders - $4
    Uno Attack- $14
    Hello Kitty Accent lamp, wall mirror, hair dryer, rechargeable toothbrush or lighted make-up mirror - $15 each
    Bean bag chair - $16
    Novelty lights (Ball of lite, Martini neon light or bubble lite with fish) - $13.44
    Photo frames in merry-go-round, triple gear, revolving wheel, spoke wheel and more styles - $9.77
    Wine and party accesories (beaded bottle cover, 4-ct napkin rings, place card holders or bottle stoppers) - $5.99
    Norelco MicroAction Plus corded razor - $29.99
    Braun Flex XP rechargable shaver - $49.99
    Norelco Quadra Action cordless rechargeable razor - $69.99
    Norelco advantage cordless rechargeable shaver - $94.44
    Braun Syncro system with cleaning unit and automatic charger - $109.99
    Norelco Spectra cordless rechargeable shaver - $114.44
    Revlon Messager w/ infrared heat - $14.99
    Conair bath mat w/ heated bubbles - $29.99
    Conair foot bath w/ heat and bubbles - $14.99
    Braun Oral-B 3D Excel - pct4.99
    Sonicare Personal - $69.99
    2-pk Sonicare brush heads - $19.99
    Emerson 1000-watt microwave oven - $48.88
    Shark canister vac - $78.49
    Dirt Devil Extra light bagless 12-amp vac - $78.49
    Black and Decker 12 cup coffee maker, 2-speed blender, mini food processor, sandwich maker or individual coffeemaker with stainless steel mug - $14.88 each
    Black and Decker toaster oven - $22.88
    Melitta Mill & Brew coffee maker - $56.88
    Bissell Spot lifter compact cordless deep cleaner - $19.88
    Dirt Devil hand vac - $19.88
    Quick Chop - $9.99
    14x17" polysafe cutting board - $9.99
    Trent 1.5 qt. teakettle from Copco - $8.88
    10pct off all other copco tea kettles
    14-pc anchor glass bakeware set - $16.99
    10pct off other selected Anchor Hocking bakeware
    Stovetop popcorn popper by Back to Basics - $18.88
    10pct off all Back to Basics popcorn accesories
    Chefmate roaster with rack - $14.99
    14pc Mirro easy-clean cookset - $39.99
    11pc meat fondue set or 16pc cheese and chocolate fondue set - $22.22
    20-pc Holiday Charm dinnerware set - $8
    5.4 gal stainless steel step can with bonus 10" step can by Home - $14.88
    20pct off all other Home trash cans
    Samsung Diginax 350S digital camera - $248.88
    Lexar 64Mb card - $38
    15pct off all other Lexar digital media
    Concord digital/web cam - $44.99
    SureShot 105 35mm zoom camera - $98.88
    Kodak Advantix T700 APS camera - $79.77
    Samsung Hi8 camcorder - $249.99
    TDK Hi8 camcorder tapes 4-pk - $13.99
    Photosmart 320 digital camera - $149.99
    Palm M125 8MB handheld PC - $129.99
    Audiovox DVD/CD home theater system - $139.88
    Canon S200 color inkjet printer - $34.77
    Hello Kitty CD boombox - $39.44
    Phillips personal CD player w/ remote control - $39.44
    Jensen CD shower radio - $39.44
    Panasonic 220-watt music system - $148.88
    Motorola 2.4 GHz Caller ID cordless phone - $44.99
    Motorola 2.4 GHz digital answering system and caller ID phone - $64.99
    Sony 4-head hi-fi VCR - $89.99
    Sony DVD/CD player - $129.99
    Sony DVD/VCR space saver - $249.99
    Mixman DM2 digital music mixer - $39.97
    Sony 12-pk T-120 vhs tapes - $9.88
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    Memorex 30-pk CD-R discs - $9.88
    Memorex 25-pk Cool colors CD-R discs - $9.88
    Black Knight, Behing Enemy Lines, Shallow Hal, Don't Say a Word, From Hell or Joyride DVDs - $9.99
    Harry Potter and the chamber of secrets computer game - $29.99
    Treasue Planet Battle of Procyon comp. game - $24.76
    Medal of Honor Spearhead comp. game - $24.99
    The Sims deluxe edition comp. game - $32.88
    Backyard baseball or basketball comp. game - $9.99
    Disney coaster comp game - $9.99
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    Gamecube limited edition bundle w/ super smash bros. melee - $149.99
    Gamecube games (Metroaid Prime, Mario Party 4, Harry Potter) - $49.99
    Gamecube game Sonic Mega Collection - $39.99
    X-Box games (Tony Hawks Proskater 4, Dead to Rights, Reign of Fire, Turok evolution) - $37.88 each
    X-Box games Conflict: Desert Storm ($44.88), Time Splitters 2 ($49.99), NHL 2003 ($49.99), Lord of The Rings ($49.99)
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    Playstation 2 games - NBA live ($49.99), Grand Theft Auto Vice City($49.99),
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    ($39.88)
    Playstation 2 games (Fishermans Bass Club or Hard Hitter Tennis) - $9 each
    Gameboy Advance games (Frogger's Adventures, Madden 2003 or Lego Racers 2) - $9 each
    Playstation games (Putter Golf, RC Helicopter or Chess) - $5 each
    Leatherman Juice Multitools (C2 or S2) - $32
    Leatherman Juice Multitools (CS4 or KF4) - $37
    2-pk Thermos travel tumblers - $7
    Queen-size Comfort-Rest airbed and pump - $25
    Greatland captain's chair - $6
    eTrex global positioning systems by Garmin - $89
    Ear grips ear warmers - $10
    Skates (VFX Gear boys Galaxyin-line skates, girls twilight in-line skates,
    Fireball quad roller skates or Urban Rider roller shoes) - $13 pair
    26" spacesaucer snow sled - 2 for $5
    Electronic dart boards (Mach 1 or Challenger DX2500) - $13 each
    Fisher-Price 10" bikes (School bus bike and tricycle) - $15
    Activity Sports Sets (3-pk mini sport balls, 2-pk playground balls, or boys or
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    20pct off all other skateboards
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    Black and Decker power tools (Variable speed rotary saw, 3.4-amp

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    5-position drill/driver - $49.99
    85th anniversary Black and Decker 14.4 cordless drill/driver kit - $99

    more target

    Infants and toddlers Tykes thermals (Union suit or 2-pc long john set) - $3.88
    Infants and toddlers sweaters (Infants and toddlers Girls circo chenille or acrylic styles and toddler boys cherokee acrylic and cotton styles) - $6.88
    Infants and toddlers girls circo leggings - $3.88
    Girls 4-16 boot-cut pants - $5.88
    Boys and girls 4-14 circo long underwear sets - $5.88
    Girls 4-16 Cherokee sweater (Ribber cotton crewneck or turtleneck) - $6.88
    Girls 4-16 circo pants (Denim jeans or cordoroys) - $7.88
    Boys and girls 4-16 Circo flannel sleep pants or tees - $5.88
    Boys 4-16 Cherokee sweater (Cotton crewneck with raglan sleeves or solid color mock turtleneck) - $6.88
    Boys 4-16 Legendary Gold Jeans - $7.44
    Mens Cherokee long sleeve cotton tee - $5.99 (XXL- $7.99)
    Mens Cherokee cotton flannel pants - $7.99
    Mens Cherokee 5-pocket cotton denim jeans, carpenter jeans or carpenter pants - $9.99
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    Mens Cherokee Mock turtleneck in solid colors - $7.99 (XXL - $9.99)
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    Womens Cherokee cotton interlock turtleneck - $4.88 (Sizes x-3x $6.88)
    Womens Cherokee cotton interlock tee with long sleeves - $5.88
    Womens Cherokee cotton/rayon tee with long sleeves - $5.88 (X-3X $7.88)
    Womens Cherokee knit cardigan - $7.88
    Matching short-sleeve crewneck - $5.88
    Womens Cherokee jeans (5-pocket or carpenter) - $9.88
    Womens Cherokee cotton jersey tee (v-neck or crewneck with long sleeves) - $5.88
    Xhilaration chenille robes - $18.88
    Xhilaration Knit pajamas - $9.88 (XXL - $11.88)
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    Girls and toddler girls dress shoes - $7.99
    Womens dress shoes - $14.99

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    Hersheys 12 or 13 oz holiday bagged chocolates - $2.19
    Novelty stocking stuffers (7oz theatre size gobstopper snow balls, 2oz holida M&M filled cane and 7oz Hersheys holiday milk chocolate bar) - 4 for $3
    Holiday candy tins (Mini spiderman lunchbox, telephone booth w/ 9.4oz peanut m&ms, Barbie purse w/ 4oz chocolate treats, Nascar car w/ candy & selected others) 2 for $6
    The Sing Machine CD+G karaoke system - $38.88
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    o Save 60pct Fashion Snap Patti Doll
    o Save over 55pct off Large Diva Starz Dools
    o Save over 30pct off Spider-Man Off Road adventure Vehicle

  191. And there it is... by Eric+Damron · · Score: 1

    "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"

    The new emerging corporate tactic is to threaten a lawsuit against a company (or individuals) that can't afford to defend themselves even if the lawsuit would be groundless.

    We are now living in a world where corporate rights are being elevated above the rights of individuals. The small guy cannot afford to defend himself nor has he the assets to lobby our government in an effort to get it to do the right thing.

    In the spirit of truthfulness, may I make a change suggestion for the Pledge of Allegiance?

    "...with liberty and justice for all who can afford to buy it."

    --
    The race isn't always to the swift... but that's the way to bet!
  192. Easy workaround by ehiris · · Score: 2

    Specify the price with one dollar more and then spell out "minus one dollar".

    If you use this you are in violation of the DMCA so make your own number,... Oh wait then you'll be in violation of a patent law.

    It's all perfectly accustomed so you* can't win.

    *you = the person with less money to throw on lawyers :)

  193. Won't affect me... by mudshark · · Score: 2, Interesting

    I observe Buy Nothing Day. Not only do I despise traffic, crowds and malls, but I like to send whatever tiny message to the retail world that I actively resist marketing.

    That said, I still think that the DMCA, as well as illegitimate uses of it such as this one, reek worse than the proverbial warthog's bunghole.

    --
    In other news, astrophysicists have announced that they now know what all that dark matter is: it's stupidity.
  194. Not a DMCA issue--but will help wreck it! by Anonymous Coward · · Score: 1, Insightful

    These are Unpublished prices, so they don't fall under DMCA. They are still secret until the newspaper prints them. All the employees are bound by legal contract not to discuss this information. They are right to ask these to be pulled down; they are using the wrong law as information cannot be restricted. If I coppied the ad page that would be infringing, but the information on the page is fair game.
    Once again, the DMCA doesn't apply--but of course tell it to the bankruptcy lawyer when they sue you into oblivion!

  195. Disbar Lawyers who send false letters by Facekhan · · Score: 3, Insightful

    I think they should have a law that requires that lawyers get disbarred for threatening legal action where they know that there is no actionable issue at hand. And the client corporations should be made liable for financial and punitive damages for false legal threats.

    1. Re:Disbar Lawyers who send false letters by Xerxes · · Score: 2, Informative

      "They" do. Many in fact.

      "Abuse of the legal process" and making frivolous claims can get you disbarred under the rules of Professional Responsibility in almost every jurisdiction. Complaint to the Office of Bar Council is the relevant jurisdiction would be appropriate. Be prepared to show that it was absolutely clear under the law that the information was not subject to copyright.

      "Extortion" is of course a crime, for both the lawyer and the client who authorized the lawyer. I believe that threatening baseless legal action designed to harass the target qualifies for the "threat" part of extortion.

      Use of interstate mail or wire to conduct extortion forms a predicate act for a RICO violation. Not only a criminal violation, but also a civil offense that lets the target sue for triple damages and attorney's fees.

      The key to all this is establishing that the attorney (and hir client) knew or should have known that their actions had no support in the law. That's not easy, unless the law is crystal-clear. And, come on, how many laws are crystal-clear?

    2. Re:Disbar Lawyers who send false letters by Oloryn · · Score: 1
      I think they should have a law that requires that lawyers get disbarred for threatening legal action where they know that there is no actionable issue at hand.

      Isn't this fairly close to barratry, which can result in disbarment if carried on enough?

  196. suck it failure fag by Anonymous Coward · · Score: 0

    you need to post a jackass tag on your forehead

    1. Re:suck it failure fag by Anonymous Coward · · Score: 0

      He has not posted any such tag on his forehead, and therefore you FAIL AGAIN!

  197. Re:Copyrighting Prices - NOT!!! by Anonymous Coward · · Score: 0

    If it's not about copyright, then why did the nastygrams invoke the DM-C-as-in-copyright-A?

    Sounds like good grounds to sue Wal-Mart, et al on the grounds of the DMCA's perjury clause.

  198. Re:This isn't a DMCA issue, this is a copyright is by Anonymous Coward · · Score: 0

    Exactly.

    They could say "Stop posting our prices because we said so" and that would be enough to stop FatWallet from posting because the cost of fighting WalMart in court, even for a ludricous charge is too much. Big companies know this and therefore don't care if the claim is valid or not, cause 99% of the people they bully aren't going to do anything about it.

  199. Re:copyright? Undercutting by Havokmon · · Score: 3, Informative
    Presumably the retailers are not only worried about losing sales in the sort term to people who will wait for the sale prices, but they're worried about competitors finding out this information and undercutting them on the items in question.

    Having worked as a tech, and 'Software Supervisor' for Best Buy, I can tell you the first thing we did before the Store opened was change all the prices that came down from Corporate. They were all updated, and printed automatically based on the 'secret shopper', and other competitors Ads. So we'd spend an hour changing prices on everything from 900Mhz phones to printer cables, to Computer systems.

    I think they're just pissed they're paying so much for advertising (which is layed out weeks in advance), and their target audience isn't actually reading the papers.

    (Did you notice how I had to change prices for [part of what we called OPENING] the dept I wasn't REALLY responsible for? Bastards.)

    --
    "I can't give you a brain, so I'll give you a diploma" - The Great Oz (blatently stolen sig)
  200. Brain Fade of the Highest Order by spiedrazer · · Score: 5, Insightful
    How could you possible think that putting this guy's phone number up was going to be a helpful thing? Did you think that just one or two people would call him with all the geeks hopping mad over yet another injustice of the DMCA?

    A mind is a terrible thing to waste..., or what a waste it is to lose ones mind, or something like that.

    --
    Keep passing the open windows...
  201. Grassroots Action Works by EccentricAnomaly · · Score: 4, Insightful

    The goal of a protest is to 1) get people to listen to your message 2) get them to understand your message. After that they will make up their own minds.

    Stunts get attention. The point of a stunt isn't to 'punish' the stores, but to do something out of the ordinary that will get noticed by the audiences that you want to get your message to.

    It's a lot like marketing and guerilla advertising like IBM did with the sidewalk chalking and Microsoft and the butterflies.

    The stunts get attention of the 1) customers 2) the media 3) the management. If the media understands the issues they might report it. If the customers understand the issues they might complain. If the management understands they might change the policy.... any pressure from customers and the media might also help management to decide to make a change.

    Picket lines of just five people are pathetic. If you hand out fliers, most people will be annoyed and ignore you. ...If you do a funny puppet show on the DMCA in the parking lot people will be curious, come up to you, and ask "What's the DMCA?". Just be there with some short and easy to understand fliers with ways to get more information. Be prepared to answer questions and explain your position. Don't be combative and don't exaggerate. Let them make up their own minds, your goal is just to inform.

    Also, protests can be a lot of work... they should be fun to get people to show up and help you out. Handing out fliers while holding some home-made 'DMCA Sucks' sign isn't fun. Puppet shows are fun. Fake non-disclosure agreements (that are clearly parodies) are fun.

    Be creative, not destructive. Educate and inform.

    --
    There are 10 types of people in this world, those who can count in binary and those who can't.
    1. Re:Grassroots Action Works by Jetson · · Score: 1
      Also, protests can be a lot of work... they should be fun to get people to show up and help you out. Handing out fliers while holding some home-made 'DMCA Sucks' sign isn't fun. Puppet shows are fun. Fake non-disclosure agreements (that are clearly parodies) are fun.

      Imaging the power of the "Geeky Villiage People":

      [singing]
      "We're complainin' 'bout the D-M-C-A
      Yes we're talkin' 'bout the D-M-C-A man!
      When you buy in this store
      You're supporting a whore..."

  202. Backed into a Corner by m1a1 · · Score: 1

    More and more I am unable to shop! First I chose to stop buying CDs to keep my cash out of the RIAA's hands. Then I decided to no longer see movies in the theaters as part of my protest to the actions of the mpaa. Now I can't shop at Wal-Mart, Staples, Target, or Best Buy. I shop fairly regularly at all of those stores but Target! Wow, if the world were populated with people like me, companies would think twice before fucking their customers.

  203. Bill naming... by Brendan+Byrd · · Score: 2

    And in other news, the 1937 Marijuana Tax Act illegalizes the sale of Mary Jane. That's some tax, isn't it? What about the new name of the Super-DCMA bill? (S.2048)

  204. Joseph K Meets the MPAA by Anonymous Coward · · Score: 0

    Copyright Re-education, Enforcement & Elimination Person: Sir, come with me. You are under arrest for violating the DMCA.

    Joseph K: What is the charge? I don't even access the material I have legally purchased.

    CREEP: I'm sorry, informing you of your crime would involve describing your actions, which would be a violation of the DMCA.

    K: But...

    CREEP: Enough! I couldn't tell you even if I wanted to. I frankly don't know since my supervisor was unable to tell me of your crime due to DMCA restrictions.

    K: Surely this will all come out in my trial.

    CREEP: Trial? How quaint. But trials are only good for determining if the law has been broken and in this case there is no doubt. No we are going to lock you in a box and poke you with sticks.

    K: But this is a violation of my civil rights! What about the constitution?

    CREEP: Nonsense. The constitution restricts GOVERNMENT

  205. Re: copyright? -- Fireable Offense at Newspapers by drmofe · · Score: 1
    Businesses (especially grocery stores) operate on very tight margins. Losing folks because the price of bananas is two cents less a pound is painful.

    This is the sign of a weak economy, not a strong one. Too much competition is as bad as not enough. STF

  206. Re:This isn't a DMCA issue, this is a copyright is by John+Hasler · · Score: 4, Informative

    > The company/person filing the complaint should
    > have to go to court to get an injuction to get
    > the offending material removed.

    They _do_ have to go to court to force the material to be removed. It's just that under the DMCA they can't sue you if you voluntarily remove it upon receipt of the cease and desist letter. In the absence of the DMCA "safe harbor" provision they could sue you for having put it up even if you did take it down as soon as they complained.

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  207. oops, part 2 by Anonymous Coward · · Score: 0

    CREEP: Nonsense. The constitution restricts GOVERNMENT Action, not private citizens. As a corporation, we are only required to make a profit for our shareholders.

    K: I'm going to start a boycott of your products!

    CREEP: How nice for you.

  208. Re:This isn't a DMCA issue, this is a copyright is by Anonymous Coward · · Score: 0

    This is a DMCA issue. The DMCA assumes the accused party is guilty until proven innocent. That is why it was used to immediately shut down the information that they didn't want out. And it looks like it worked too. Too bad no one has the balls to sue under the perjury clause of the DMCA notices.

  209. Is the pr0n industry going out of business? by joepancakes · · Score: 1

    of all the illegal data out there, most of it is pr0n. how's the pr0n industry doing? business is up. so why should the mpaa or riaa be worried about illegal copies of music or movies? it doesn't effect the pr0n industry, and the products are all the same - sound and video.

  210. 100% agreement by Ender+Ryan · · Score: 2
    In all seriousness, I agree with your reply to my attempt at humor post. In your scenario, all but #4 are nearly a sure thing. That's the way things are headed anyway.

    What I think WILL happen in place of #4 is this.
    1: Tech industry in the U.S. slides.
    2: Tech industry in non-U.S.(possibly non-E.U. too) climbs, leaving U.S. economy behind.
    3: U.S. becomes irrelevent, economically.
    4: Rich people who destroyed the U.S. economy, and thus, the country itself, leave the U.S., taking their wealth with them, to start destroying another economy for their own financial gain.

    That's just a thought. In any case, I think it's obvious things are not looking good for the U.S. tech sector in the future.

    I like you're #4 a lot better! :)

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
    1. Re:100% agreement by nelsonal · · Score: 1

      Why do people assume that the rich destroy economies for their gain? Looking at the Forbes list of super rich:
      Bill Gates, is probably the most argueable destroyer of value,yet he made his employees better off, his customers are better off than they had been, of only due to the fact that they got to buy cheap PCs instead of expensive Apples and other proprietary hardware formats. Finally, software is either sold as a monopoly or given away, it costs nothing to distribute, but has high costs to create, if you don't exert monopoly rents, you will not cover your development costs.
      Warren Buffet, if you can construe him as a destroyer of the economy, I'll certainly listen.
      The Walton clan holds most of the other slots, and while they probably do hurt small retail shops, those shops were surviving on market power, since it was expensive to compare prices between towns. Also, they profit on lower than industry average distribution costs.
      All of these companies have given more to the economy than they took, because you will not be sustainably wealthy without doing something better than your competitors. The only exceptions to this are situations of natural monopoly where one competitor just happens to be the survivor, this might be true of AT&T and Microsoft.
      There have been many extortion artists who profited, however, those were merely the same bucketshop scams perpitrated on a grand scale. Bucket shops are small finance companies, that use very high pressure sales tactics to sell penny stocks, stocks priced in the under $5 range, which they manipulate the market. They usually either own the stocks and sell from their own accounts. These were the majority of the financial scams perpetrated from Wall Street, the telecommunications bubble provided a nice method for the bigger players to join in the game, through public offerings. Also, the switch from defined benefit pensions to defined contribution retirement plans, put a large amount of capital in the hands of many uneducated and naieve investors. Those scamsters weren't creating wealth any more than the common burglar does when he robs a home. They will always be here perpetrating their crimes, but will probably return to being small again, now that most people got burned with their retirement savings. They won't destroy the economy, and most of them probably will be left with wealth, but not the sort of wealth that will allow them to do much on the economic scale.
      Finally, on the tech sector, with the exception of software, semiconductors, and possibly services, which are more unique, most of it is not far removed from any other manufacturing, and you can likely expect to experience a trend similar to that of the low tech manufacturing industries did in the 1960s and 1970s. Think of the 1950s as the same boom years for cars and airplanes.

      --
      Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
  211. Thanks for the tip: I saved a copy off Anandtech by Uninvited+Guest · · Score: 1

    In case the DMCA comes knocking on Anandtech's door:
    http://forums.anandtech.com/messageview.cfm ?catid= 40&threadid=914420

    --
    Sometimes I worry that I'll develop Alzheimer's disease, but no one will notice.
  212. I wanna copywright my BAC by Anonymous Coward · · Score: 0

    so when they use it in court i can slap them with dmca..

    "give me my money"

  213. Exactly who are you trying to piss off? by sheldon · · Score: 2

    If I'm a customer and I walk into Best Buy and see morons behaving in the fashion you laid out... It is not the store I'm going to be upset with.

    One of the keys of a good protest is to not piss off the people you are trying to convince towards your cause.

  214. Re: copyright? -- Fireable Offense at Newspapers by sheldon · · Score: 2

    Two local grocery store chains got into it over this this past year. I believe it went to court, but I'm not sure how it was resolved.

    Basically Cub Foods caught Rainbow Foods advertising the exact same items at just slightly lower prices on the same sundays. So Cub planned to advertise bannanas for 34 cents a pound, Rainbow had them for 33.

    How was this happening? Someone from one of the printers was leaking this info to the competitors who were then using it to create their own ad.

  215. Takedown notices, not the circumvention ban by yerricde · · Score: 5, Insightful

    Because the DMCA is about circumventing copyright protection technology, which usually means encryption. Please explain what copyright protection technology the retailers employed on their copyrighted sales prices, and how exactly these web site circumvented it.

    The DMCA had two main provisions, a circumvention ban and a takedown notice procedure, with numerous riders. This case invokes section 512(c) about takedown notices. If an ISP doesn't respond to a takedown notice, it becomes liable for everything sent over its network.

    --
    Will I retire or break 10K?
    1. Re:Takedown notices, not the circumvention ban by JonZittrain · · Score: 2, Informative

      This might be covered elsewhere in this massive thread, but a failure to comply with 512(c) just means the intermediary can't be guaranteed a "safe harbor" immunity from liability -- whether or not it's liable without the immunity was untouched by the DMCA, and it may well not be. Here, since pricing information isn't copyrightable in the first place (I see someone has already cited to the Feist case), the DMCA has nothing to do with anything. It'd be helpful to see an actual copy of the threat letter(s) to see just what the lawyers are claiming. ...JZ

    2. Re:Takedown notices, not the circumvention ban by Anonymous Coward · · Score: 0
      The DMCA had two main provisions, a circumvention ban and a takedown notice procedure, with numerous riders. This case invokes section 512(c) [cornell.edu] about takedown notices. If an ISP doesn't respond to a takedown notice, it becomes liable for everything sent over its network.

      But in order for them to be liable, the material itself has to constitute a criminal infringement under the DMCA. Now, I can understand ISP's wanting to err on the safe side when it isn't clear whether the material is infringing or not. But in this particular case, it's absolutely certain to anybody who has the slightest clue about the DMCA that this is not an infringement. Hell, the material itself cannot even be copyrighted!

      That said, even if the DMCA clearly does not apply, many ISPs will cave in anyway just to avoid the possibility of having to pay a lawyer to show up in court. Currently the deck is so stacked in favor of the plaintiff, that for all intents and purposes the DMCA can mean anything the plaintiff wants it to. All they have to do is pay their lawyers a couple hundred bucks to send a letter, and even if they know their accusation won't stand up in trial, it doesn't matter because there is a 90% chance that the recipient will comply anyway. One more reason why tort reform is badly needed.

  216. Pro bono, or pro Bono? by yerricde · · Score: 2

    I wish someone would make it a requirement that, to hold a law licence, you must do X% of your time as pro bono.

    I hope you mean "pro bono" as in "volunteer legal work" as opposed to "pro bono" as in "defending repeated extensions to the term of copyright".

    --
    Will I retire or break 10K?
  217. If this isn't published.... by siskbc · · Score: 3, Insightful

    ....how are they breaking copyright? It isn't copyrighted until it's published externally. It also means that they didn't COPY anything - they received information, but not in printed form (even if a printed form existed). Thus, it seems like DMCA doesn't apply, because there's no copyright.

    As mentioned, this becomes a "trade secret" argument. At most, they are guilty of receiving trade secrets, and I have no idea what the penalty is for that, if any.

    --

    -Looking for a job as a materials chemist or multivariat

    1. Re:If this isn't published.... by LostCluster · · Score: 2

      Publishing trade secrets are exactly the same as distributing a copyrighted work without permission.... we're arguing over a disctiction without a difference here.

    2. Re:If this isn't published.... by siskbc · · Score: 2

      Publishing trade secrets are exactly the same as distributing a copyrighted work without permission.... we're arguing over a disctiction without a difference here.

      I wouldn't go that far....while both may be illegal, the important distinction is that different specific laws apply. DMCA *can't* apply to something that hasn't been copyrighted, unless they've also re-defined copyright. This becomes particularly important with the "Safe Haven" portion of the DMCA law. If they decide to fight this, what laws apply will determine their legal strategy.

      --

      -Looking for a job as a materials chemist or multivariat

  218. Re:Wardialer powering UP! by Anonymous Coward · · Score: 0

    In the words of Ozzy Osbourne, "You're out of your fucking mind" you do know that right? :)

    I thought you were serious for about two seconds and then I just started to laugh uncontrollably.....

  219. Re:Copyrighting Prices - NOT!!! by Dyolf+Knip · · Score: 3, Informative
    It's NOT about copyright. The problem apparently is that FatWallet is publishing unpublishedprice data for sales

    Right. If it's not published, then it's not copyrighted. One would think that the Digital Millenium Copyright act would therefore not really have any say here, but that's lawyers for you...

    Bear in mind that Trade Secrets get no protection under the law. They are only protected as long as you yourself manage to keep them hidden. If word gets out, tough cookies. This is actually a good thing! Can you imagine what Coca Cola would have done when their copyrighted Coke recipe was about to enter public domain? It'd have made Disney look like a downright philanthropic organization!

    --
    Dyolf Knip
  220. Actually its not the biggest shopping day... by MasteroftheVoxel · · Score: 2

    Check out this at snopes.com.

    It clearly states that statistics show that it is, at best, the 5th biggest shopping day of the year for retailers. That is, it's behind the two weekends before Christmas. Really, this makes sense. A lot of people put off their shopping to the last minute.

  221. F' these Barstards, here are the deals! by Anonymous Coward · · Score: 3, Informative

    Screw these as*sholes, here are the deals,
    Have fun in court /.

    Best buy
    These deals good from 6AM-NOON ONLY on Friday Nov. 29. In store Only. No Rain checks. Limited Quantities.

    Monsters Inc., Beauty & The Beast, Grease DVD $12.99
    Shania Twain Up, 8 Mile Soundtrack, Eminem The Eminem Show, 3 Doors Down, U2 The Best Of 1990-2000 CD $8.99
    Panasonic 45 sec No Skip CD Player(SLSX388) $39.99-$10 IR-$5 BB MIR= $24.99
    Precision CDR Discs 40x 80 Min 2 pack 150 total Disc bundle (5770075) $26-$26 MIR = FREE
    Curtis 3 CD Shelf System (RCD855) $37.99
    DVD/CD Player [model may vary by store] (CH-DVD 402/2110) $69.99-$30 MIR= $39.99
    ALL Wireless phones regularly $149.99 and below are FREE (after MIR) with new activation
    75GB 7200 WD (WD750BBRTL)/KByte 256MB PC133 RAM (6432ZZGSEM) BUNDLE $219.98-$60 IR-$109.99 Bundle MIR= $49.99
    AVorcent 48x12x48x CDRW (RWJ-481S) $59.99-$30 MIR-$20 MIR= $9.99
    Kodak EasyShare 2 Megapixel Digital Camera (CX4200) $99.99
    Daewoo 25" Stereo TV (DTQ25S3FC) $159.99-$10 MIR= $149.99
    KLH 160 Watt Home Theater System (HA7000/HA9000) $159.99-$30 MIR= $129.99
    eMachines Celeron 2.0Ghz Computer 256MB DDR SDRAM, 40GB HDD, 40x CDRW, 6 USB 2.0 ports (T2040) $549.99-$250 MIR = $299.99
    SAME MACHINE AS ABOVE + 15" Samsung LCD Monitor (151V) $919.98-$250 MIR-$100 MIR-$70 Samsung MIR= $499.98

    Staples
    Friday 11/29/2002, 7AM - 10AM

    499667, 499449 scanner $79.98 - $63 mir = $16.98
    493300 Ezonics PC Camera 2pk $59.98 - $25 is - $25 mir = $9.94
    496430 30gb 7200 rpm HD $79.98 - $50 mir = $29.98 ß isn't there another valid rebate?
    488960 cendyne 40x12x48 burner $59.98 - $50 mir = $9.98
    457057 Palm m500 $144.99 - $15 is = $129.99 plus get 484854 accessory kit $39.99 - $15 is - $25 mir = FREE plus get 499648 Austin Powers Pinball game $2.99 - $2.99 is = FREE
    466913 HP PSC950 $199.98 - $50 mir = $149.98
    493000 HP 940 remanufactured $79.98 - $10 is - $30 mir = $39.98
    469920 HP 318 $139.98 - $10 is - $50 mir = $79.94
    463438, 480124 Sandisk 128 CF or smart media $69.98 - $32 is - $10 mir = $27.94
    478328 PNY 512 ram $129.98 - $80 is - $20 mir = $29.98
    473998 Zline Corner Desk $49.94 (after 50% savings)
    490583 Envision 775e $164.98 - $87 mir = $77.98
    450433 Envision 15" LCD $359.98 - $60 is - $100 mir = $199.94
    496731 100pk cdr $37.98 - $18 is - $20 mir = FREE
    489577 25pk jewel cases $9.98 - $6 is - $4 mir = FREE
    498449 5 sheet shredder $13.94 - $5 mir = $8.94

    target
    Audiovox 5-Cd music system - $48
    GoVideo dual-deck DVD/VCR - $138
    Monsters Inc, Beauty & The Beast, The Santa Clause, The Rookie - $11.97 each
    Phillips CD/DVD player $88
    Playstation 2 Games (Street, Spy Hunter, Tony Hawk's ProSkater 3, Virtua Fighter) - $15 each
    Sit n Spin by Playschool - $9.99
    Daewoo 13" TV/VRC $111
    Vivitar PZ3115 DB 35mm camera - $59
    Bop It Extreme 2 - $12
    Geaorge Foreman The Champ Grill - $14.88
    25ct. G30 or G40 globe lights - $5.88
    Prologue by Moderna 3pc luggage set - $19
    Holiday jar and votive candles - $4.88
    ProSpirit brushed fleece 1/4 zip pullover - $8.88(adults) $10.88(mens xxl) $5.88 (boys and girls)
    Take Along Thomas &Friends Work and play roundhouse - $17.88
    Take along Thomas & Friends travel tote - $11.88
    Lego building gift sets (Creator table w/172 pieces or baby gift set with 40 big ones) - $12.88
    Pink & Purple leap pad interacive learning system - $39.99
    Additional leap pad learning books - $14.99
    Electronic hand held games (Simon, Connect Four, Boggle, Classic football 2, Hangman, Yahtzee, Battlehip or Classic baseball) - $7.33
    Fisher-Price intelli-table - $39
    MicroPets - $6.44
    Hotwheels vehicles - $.49
    Fisher-Price Rescue Heroes - $5.77
    Air Hogs R/C flying vehicles - $44.44
    Hot Wheels turbo jet city play set - $32.22
    Lincoln Logs 2-pk (Lonesome pine cabin & Maple woods trading post) - $9.88
    Lite-Brite - $7.88
    Micro-Bratz - 2 for $5
    Diva Starz play sets - $7.67
    Fisher-Price Loving family home and stable dollhouse - $36.74
    Fisher-Price Volkswagon new beetle - $9.74
    Fisher-Price Loving family sweet streets (beach or country house) - $10
    Polly Pocket play sets - $6.74
    Baby Annabell doll - $29.74
    Additional baby annabell clothing - $9.74
    G.I. Joe Night attack chopper - $23.88
    12" G.I. Joe action figures - $4.88
    Power Rangers Megazord action figure or Red Wild warrior - $21.88
    Power Rangers Deluxe 6 1/2" figures $7.88
    Polly Pockets snacktime scooter - $5.13
    Barbie (Sroll n play or mermaid fantasy) - $8.87
    Palm beach barbie and friends - $2.92
    Huggable toys (Hug me scooby doo, eye popping spongebob or babbling spongebob) - $12.94
    2-pk Barbie sets - $8.98
    Popular Games (Taboo, The Simpsons Clue, G.I. Joe Commando Attack, Opperation Brain Surgery, Barbie Says, Screwy Looey, Throw Me a Bone, Electronic Super Kerplunk, The Worst Case Scenario game and Silly6Pins) - $17 each
    Action-packed games (Uno Deluxe, Ker Plunk, Pet Rescue Game, Monopoly, Lets Go Fishin, Scrabble Junior, Pooh Candy Land, Yellow Brick Road Game and charades for kids) $8 each
    Candyland or Chutes and Ladders - $4
    Uno Attack- $14
    Hello Kitty Accent lamp, wall mirror, hair dryer, rechargable toothbrush or lighted make-up mirror - $15 each
    Bean bag chair - $16
    Novelty lights (Ball of lite, Martini neon light or bubble lite with fish) - $13.44
    Photo frames in merry-go-round, triple gear, revolving wheel, spoke wheel and more styles - $9.77
    Wine and party accesories (beaded bottle cover, 4-ct napkin rings, place card holders or bottle stoppers) - $5.99
    Norelco MicroAction Plus corded razor - $29.99
    Braun Flex XP rechargable shaver - $49.99
    Norelco Quadra Action cordless rechargeable razor - $69.99
    Norelco advantage cordless rechargeable shaver - $94.44
    Braun Syncro system with cleaning unit and automatic charger - $109.99
    Norelco Spectra cordless rechargeable shaver - $114.44
    Revlon Messager w/ infrared heat - $14.99
    Conair bath mat w/ heated bubbles - $29.99
    Conair foot bath w/ heat and bubbles - $14.99
    Braun Oral-B 3D Excel - %4.99
    Sonicare Personal - $69.99
    2-pk Sonicare brush heads - $19.99
    Emerson 1000-watt microwave oven - $48.88
    Shark canister vac - $78.49
    Dirt Devil Extra light bagless 12-amp vac - $78.49
    Black and Decker 12 cup coffee maker, 2-speed blender, mini food processor, sandwich maker or individual coffeemaker with stainless steel mug - $14.88 each
    Black and Decker toaster oven - $22.88
    Melitta Mill & Brew coffee maker - $56.88
    Bissell Spot lifter compact cordless deep cleaner - $19.88
    Dirt Devil hand vac - $19.88
    Quick Chop - $9.99
    14x17" polysafe cutting board - $9.99
    Tent 1.5 qt. teakettle from Copco - $8.88
    10% off all other copco tea kettles
    14-pc anchor glass bakeware set - $16.99
    10% off other selected Anchor Hocking bakeware Stovetop popcorn popper by Back to Basics - $18.88
    10% off all Back to Basics popcorn accesories Chefmate roaster with rack - $14.99
    14pc Mirro easy-clean cookset - $39.99
    11pc meat fondue set or 16pc cheese and chocolate fondue set - $22.22
    20-pc Holiday Charm dinnerware set - $8
    5.4 gal stainless steel step can with bonus 10" step can by Home - $14.88
    20% off all other Home trash cans
    Samsung Diginax 350S digital camera - $248.88
    Lexar 64Mb card - $38
    10% off all other Lexar digital media
    Concord digital/web cam - $44.99
    SureShot 105 35mm zoom camera - $98.88
    Kodak Advantix T700 APS camera - $79.77
    Samsung Hi8 camcorder - $249.99
    TDK Hi8 camcorder tapes 4-pk - $13.99
    Photosmart 320 digital camera - $149.99
    Palm M125 8MB handheld PC - $129.99
    Audiovox DVD/CD home theater system - $139.88
    Canon S200 color inkjet printer - $34.77
    Hello Kitty CD boombox - $39.44
    Phillips personal CD player w/ remote control - $39.44
    Jensen CD shower radio - $39.44
    Panasonic 220-watt music system - $148.88
    Motorola 2.4 GHz Caller ID cordless phone - $44.99
    Motorola 2.4 GHz digital answering system and caller ID phone - $64.99
    Sony 4-head hi-fi VCR - $89.99
    Sony DVD/CD player - $129.99
    Sony DVD/VCR space saver - $249.99
    Mixman DM2 digital music mixer - $39.97
    Sony 12-pk T-120 vhs tapes - $9.88
    Sony 8-pk T-160 vhs tapes - $9.88
    Memorex 30-pk CD-R discs - $9.88
    Memorex 25-pk Cool colors CD-R discs - $9.88
    Black Knight, Behing Enemy Lines, Shallow Hal, Don't Say a Word, From Hell or Joyride DVDs - $9.99
    Harry Potter and the chamber of secrets computer game - $29.99
    Treasue Planet Battle of Procyon comp. game - $24.76
    Medal of Honor Spearhead comp. game - $24.99
    The Sims deluxe edition comp. game - $32.88
    Backyard baseball or basketball comp. game - $9.99
    Disney coaster comp game - $9.99
    Skateboard park tycoon - $9.99
    Gamecube limited edition bundle w/ super smash bros. melee - $149.99
    Gamecube games (Metroaid Prime, Mario Party 4, Harry Potter) - $49.99
    Gamecube game Sonic Mega Collection - $39.99
    X-Box games (Tony Hawks Proskater 4, Dead to Rights, Reign of Fire, Turok evolution) - $37.88 each
    X-Box games Conflict: Desert Storm ($44.88), Time Splitters 2 ($49.99), NHL 2003 ($49.99), Lord of The Rings $49.99)
    Playstation 2 game system - $199.99
    Playstation 2 games - NBA live ($49.99), Grand Theft Auto Vice City ($49.99), Shrek Super Party ($34.88), Suikoden ($39.99), Shinobi ($49.99), Contra ($44.99), Spyro Enter the dragonfly ($44.88), Minority Report Everybody Runs ($39.88)
    Playstation 2 games (Fishermans Bass Club or Hard Hitter Tennis) - $9 each
    Gameboy Advance games (Frogger's Adventures, Madden 2003 or Lego Racers 2) - $9 each
    Playstation games (Putter Golf, RC Helicopter or Chess) - $5 each
    Leatherman Juice Multitools (C2 or S2) - $32
    Leatherman Juice Multitools (CS4 or KF4) - $37
    2-pk Thermos travel tumblers - $7
    Queen-size Comfort-Rest airbed and pump - $25
    Greatland captain's chair - $6
    eTrex global positioning systems by Garmin - $89
    Ear grips ear warmers - $10
    Skates (VFX Gear boys Galaxyin-line skates, girls twilight in-line skates, Fireball quad roller skates or Urban Rider roller shoes) - $13 pair
    26" spacesaucer snow sled - 2 for $5
    Electronic dart boards (Mach 1 or Challenger DX2500) - $13 each
    Fisher-Price 10" bikes (School bus bike and tricycle) - $15
    Activity Sports Sets (3-pk mini sport balls, 2-pk playground balls, or boys or girls bike accesory gift sets) - $5 each
    Nickelodeon Rocket Power skateboard - $15
    20% off all other skateboards
    Build and Paint craft kits - $8.88
    Armor All gift box - $20
    Taylor body fat analyzer and scale - $35
    95-pc Durabuilt mechanics tool set - $17.88
    Restore and Restyle kids storage organizers w/ removable bins - $45
    VersaPak 3-tool cordless combo kit - $45
    Black and Decker 14.4V cordless reversible drill - $45
    Black and Decker power tools (Variable speed rotary saw, 3.4-amp Navigator-powered handsaw or Mega Mouse 4-in-1 sander/polisher) - $59.99
    5-position drill/driver - $49.99
    85th anniversary Black and Decker 14.4 cordless drill/driver kit - $99

    Walmart
    These items are only on sale from 6 am till 11 AM
    Symphonic 27 in TV 148.62
    Symphonic dvd/vcr 98.87
    Apex DVD player 48.76
    Kodak CX4300 Digital camera .2 megapixel, 2X digital zoom amd 16 MD internal memory Dock n go cradle compatiable.154.00
    hotwheels , matchbox, tonka, or GI joe 20 pack vehicle assortment 10.00
    HP computerw/monitor,printer CD writer/DVD combo drive 698.00
    (Computer info: Intel celeron processor 2.0 Ghz, 256MB DDR SDRAM memory, Integrated Intel extreme graphics with up to 64MB shared video memory, 60MB hard drive, Built in CD_WRITER/DVD combo drive, v.90 K%^flex data/fax modem, 10/100 baseT network interface, HP pavilion 17 inch color monitor, HP Deskjet 3320V photo quality color printer USB cable included)

  222. Why Reatilers Care by Ancil · · Score: 2, Interesting

    A lot of people seem to think the big retailers should be happy about "free advertising". The problem (from their perspective) is loss leaders.

    A loss leader is something you advertise at a steep discount, with words to the effect of "while supplies last". The idea is to lose money on 50 units and bring 2,000 people into the store.

    The problem is that the newspaper ads often need to be typeset days in advance. So if I find out they're going to be selling Model W-1005 Widgets for $59.97 on Black Friday, I can go buy one for $89.97 on Wednesday. Then I just go back a few days later for a price adjustment. Obviously the retailers don't like this sort of thing.

    It's always been something that a few store employees (and their friends) would take advantage of, but like so many things, the web has amplified it to the n'th degree. I say screw 'em; it's bascially a deceptive sales practice anyway, so it's hard to conjure up much sympathy.

  223. Re:copyright? Undercutting by xenocide2 · · Score: 2

    Call me crazy but I seem to recall the audio labels getting busted for paying "promotional fees" with the stipend that stores not sell product below a certain price. The promotional fees were to defray the cost of printing up the advertising. I think it stands to reason that the rest of the ad not related to music faced similar fees (without the price fixing scheme).

    --
    I Browse at +4 Flamebait

    Open Source Sysadmin

  224. Sure, let them copyright prices... by dcavanaugh · · Score: 2

    So they can sue each other silly when retailer X offers an item (any item), at the same "copyrighted" price as retailer Y.

  225. Re:Please no more calls to Ron by The+Cydonian · · Score: 5, Funny

    Lemme guess, he now wants to use the DMCA to remove his phone number from /.?

  226. Really now? by xenocide2 · · Score: 2

    Then where is the Safe Harbor clause that allows ISPs to shirk responibility for contended content?

    --
    I Browse at +4 Flamebait

    Open Source Sysadmin

    1. Re:Really now? by psxndc · · Score: 2
      512(c) of the DMCA. Seriously.

      What 2600 was accused of and what ISPs are often threatened with is the dissemination of how to circumvent copyright schemes for "bad faith" purposes. The DMCA says you can violate it for encryption research (it does) if it is in good faith such as advancing knowlegde and, here's the kicker, you are an established voice/authority in the field. In other words, Bruce Schneier could probably circumvent the copyright protection and not be found guilty of violating the DMCA, but Joe Schmoe/2600/The kid in Norway can't. This doesn't mean that Bruce couldn't be accused and brought into court costing him thousands of dollars though. He'd win, but he'd be bankrupt unless he counter sued.

      psxndc

      --

      The emacs religion: to be saved, control excess.

  227. Round! by jreiser · · Score: 1

    Nearly all the prices end in 9, 99, 98, ..., 95 anyway, so just round up. Besides, discussion of commerce is the original fair use exemption.

  228. Nope. Goatse. Nice try. by Anonymous Coward · · Score: 0

    Once burned, twice try.

  229. Another Black Friday definition by palmech13 · · Score: 1

    Black Friday may be named because it puts retailers 'in the black' but if, like me, you'll be at work that day supporting cash register software, Black Friday has a whole different meaning. In context of panicked store managers trying to make sure that the 400,000 price changes came through last night to every register while the server struggles under the load of cashiers pounding out promotion after promotion, Black Friday sounds a whole lot more like the Black Plague.

    Holiday, my butt.

  230. Land of the Free Home of the Brave... by Anonymous Coward · · Score: 1, Insightful

    damn right, The best freedom that money can buy!

  231. price fixing? by thogard · · Score: 2

    How did all 4 major compaines (that are competeing with each other) all know to use DMCA agisnt one company at the same time?

    Here in OZ, K-mart and Target are the same company (coles-meyer) . They compete with Big-W which is owned by the only other company that does large retail stores (owned by woolworths). Big-W in the UK is owned in part by Wal-Mart. They look like Wal-marts, they even smell like wal-marts and if you put Sam Walton in one he would say it was a wal-mart (if he wasn't dead) .I've been told the locals (K-mart, Big-W, Target) are all locally owened even though they have the same trademark.

    These compaines are all very well connected to each other if you look at the members of the board and they appear to be selling legal info now.

  232. Sprint PCS Vision by upt1me · · Score: 1

    This ain't the first time this happened. A similiar situation happened between Sprint PCS and howardforums.com. Someone posted the Vision Pricing before Vision was released. Sprint served howardforums.com with a DMCA notice to take down the information.

  233. Re: copyright? -- Fireable Offense at Newspapers by nelsonal · · Score: 1

    No that is just the sign of an old business model. Grocery stores have operated on razor thin margins for quite some time, and successfully, you just don't have much margin for error. They are worried that their circulars will get into the hands of a competitor who can then change their prices to a penny or two below their current ones, leaving them with higher prices across the board. They all over build during the good times, and are now worried about Wal-Mart's entry into that business nationally, and want to show that they are not losing many sales to Wal-Mart yet. Too much competition is the signal that there has been too much investment in an industry, and some should be put into other industries. It certainly benefits consumers. I think competition is alive and well in good times and bad, its just that selection and services (think short lines and easy access) become more important than just low prices.

    --
    Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
  234. overzealous prosecution of dmca by stdarg · · Score: 2, Interesting

    It's sad to see cases like this where the company or individuals can't fight back because they can't afford the legal fees. Perhaps the way to remedy that is to add two things to the dmca:

    1. All complaints must be investigated by the government before ISP's are required to comply with takedown notices.

    2. Complaints that are found invalid will be subject to a large 'processing fee' by the government office, in the order of $1 million or so, which will be used to help fund future investigations.

    This way everybody wins. The 'big players' in copyright infringement will still be sought out. But companies will not be able to fish for wins by sending out letter after letter with no fear of reprisal.

  235. Re: copyright? -- Fireable Offense at Newspapers by TexNex · · Score: 1

    True that. When I worked for K-Mart they had a months worth of weakly adds stashed in a locked room at the back of the store. If those got out early then compeditors could do a local price correction by UPC overnight.

  236. DealCatcher threatened as by Wal-Mart by dealcatcher · · Score: 2, Informative

    DealCatcher.com was also threatened by Wal-Mart to remove black friday ads. You would think they would appreciate the free advertising we provided. The forum still has a bunch of black friday ads. Wal-Mart thread

  237. Re:WRITE TO THEM!! Links here by hether · · Score: 2

    Thanks for the links. You've really made it easy! Here's what I said. Perhaps not the best, but dashed off pretty quickly on my way out the door:

    I am unhappy with your corporation's misuse of an exhisting law - namely the DMCA. By using the DMCA to block the publication of your Black Friday prices from certain web sites you are acting as a bully - throwing your weight and money around. Sale prices are facts, not copyrighted material. Courts have already ruled that facts devoid of any creativity (such as telephone books) can be copied. Call it insider trading if you like, or corporate espionage, but this is not a DMCA violation. Due to your actions, I will not be shopping at your store, or others who've supported this effort, during Black Friday and will avoid future visits as well.

    --

    Most people would die sooner than think; in fact, they do.
  238. Establish a mirror site offshore by i_want_you_to_throw_ · · Score: 2

    Publicize the specials there. By the time you file suit against the Costa Ricans Black Friday will be over.

  239. YHBT by Cid+Highwind · · Score: 1

    Good God, are you moderators STONED?? There isn't a senator on that list! As if the names you've never heard of weren't a good enough giveaway, the @yahoo.com email addresses should have done the trick. Failing that, all the @adequacy.org addresses should have hit you like a 12' clue-by-four!

    You have been trolled! I hope you feel stupid now...

    --
    0 1 - just my two bits
    1. Re:YHBT by Anonymous Coward · · Score: 0
      Not that Senator Vladinator wouldn't be a stark improvement over any of the lot of them, save for Robert Byrd.

      ~~~

    2. Re:YHBT by Anonymous Coward · · Score: 0

      Come now, our Senate may be full of idiots, but not idiots of Lockwood's level!

  240. The reason is the advertisment of the prices by sweede · · Score: 1

    not that they are `copyrighted' prices. the DMCA is probably being used (incorrectly) because it focuses on a website.

    For anyone that has ever worked in a retail outlet and has met customers with incorrect , or even worse, 2-3 week old advertisements to merchandise knows that it usually leads to reducing the price to meet the incorrect ad.

    If Bestbuy prints the Ad wrong, of course they will correct the issue as quickly as they can and honor those that have made notice of the incorrect price (well, most of the time).

    However, what is Best Buy sopposed to do if some customer sees an advertisement for a 27" sony Vega TV on www.xyz.com for 349.99$?

    They do not have to honor the advertised price because xyz.com is not a Best Buy affiliated advertiser. At the same time, they would also have to deal with angry customers complaining about this and that (beleive me, they WILL THINK of something)

    I've worked at Circuit City for a while and seen all kind of people come in and say stuff like "my freinds daughters boyfreinds uncle said that you had a Sony TV advertised for 100$" which would be kind of correct, but it wasnt a Sony TV, it was some peice of crap Daewoo TV, when the correct item was shown the customer (along with the weeks Ad) , they would get all pissed saying "Well, i dont think this is right because i've known my freinds daughters boyfreinds uncle for 3 months and he wouldnt lie to me like that".

    dont say it doesnt happen because it does.

    again the issue isnt about `copyrighted prices', it is about unauthorised advertisement of goods.

    --
    I follow the SDK and GDN principles.. Spelling Dont Kount, Grammer Dont Neither
  241. Bob Dylan + Rolling Stones by Anonymous Coward · · Score: 0

    the RIAA, MPAA, and all these dumb stores should have to listen to stones: you can't always get what you want, and dylan: the times are a changin.

  242. Re:Copyrighting Prices - NOT!!! by Anonymous Coward · · Score: 0

    The recipe for Coke is a trade secret. If it was patented, not only would the patent run out, but information about how it was made needs to be in the patent. Back when Coke was originally made, Copyrights actually expired, so they did not do that either.

  243. Or... by Anonymous Coward · · Score: 0

    goto K-Mart and stop supporting the waltons.

  244. Here are the deals. by skookum · · Score: 1

    Well, if you're like me you're probably a bit curious about what exactly was in those posts... so I took the liberty of posting a mirror.

    Click here for the Black Friday sale prices.

    I take no credit for the information or its accuracy, since it's just copies of the forum messages. The link contains sale prices for Best Buy, Staples, Office Max, Kmart, Sears, Walmart, Target, and Toys-R-Us. A lot of the deals involve rebates: MIR = Mail-In Rebate, IR = Instant Rebate, IS = In-Store, etc.

    (Have I just broken the law? oops)

  245. Nonsense... by tswinzig · · Score: 2

    This is what would happen in a libertarian society.

    --

    "And like that ... he's gone."
  246. Well.. here's the thing. by mindstrm · · Score: 2

    Even if it's obviously not a copyright issue..

    1) the ISP is served with papers under teh DMCA alleging a copyright notice.
    2) The ISP has to take it down within a certain amount of time UNLESS the person who is responsible for the content writes a letter attesting to the fact that it is NOT copyright violation... in which case the original complainant has so-many days to file suit, or drop the issue.

    The thing is.. even if it's obviously not copyright infringement.. will an ISP stick it's neck out and say "buzz off" to the lawyers? Will the person in the end write the letter back? Or will it all just get ignored.

  247. Wrong... wrong wrong wrong. by mindstrm · · Score: 2, Interesting

    PARTS of the DMCA are bout copy protection technology.

    OTHER PARTS of the DMCA are about electronic publishing of copywritten information without permission.

    Also.. something does NOT require a copyright notice to be protected by copyright.

    I agree, to imply copyright over sales prices is rediculous.. however...
    if the prices were taken from a flyer at a print house or somewhere, and had not yet been released by the company, there very well MAY be a copyright violation.

    1. Re:Wrong... wrong wrong wrong. by Anonymous Coward · · Score: 0
      I agree, to imply copyright over sales prices is rediculous.. however... if the prices were taken from a flyer at a print house or somewhere, and had not yet been released by the company, there very well MAY be a copyright violation.

      Nope. Before the prices are publicly released, they're covered under trade secret law, not copyright law. And as others have said, once the prices are published, they can't be copyrighted. So this couldn't possibly have anything to do with the DMCA. I realize that won't stop lawyers from trying though.

  248. Yes they can by ShieldW0lf · · Score: 1

    The people who know they are in the right but don't fight the big corps are just as responsible for the injustices that eventuate as the big corps are, if not more so. At the end of the day, Wal-Mart didn't take the information down, the admins of the website did.

    I'm so sick of hearing ppl say "Oh, but the corps can afford to spend a million dollars on the lawsuit and the little guy can't." That's true, if they only have to do it once to make an example of someone. If they have to spend a million dollars in legal fees over and over and over again, it adds up. If you've incorporated your business like you should have, they can't hurt you very badly anyways, small operator or no... so grab a firm hold of your testicles and your ethics, and bloody fight. You are responsible for the evil you tolerate, make no mistake. I have no sympathy whatsoever for these webmasters... their actions have shown them to be small fry scum bowing to big fish scum.

    --
    -1 Uncomfortable Truth
  249. In wal-mart's defence. by mindstrm · · Score: 1

    Now.. I think this is silly too.. however, you all have to realize somethign about the retail business.

    Prices for special sales days are set in advance, and kept secret. The flyers and ads have to be readied ahead of time, especially for a company the size of wal-mart.. but that information is CONFIDENTIAL until the company decides to release it. The companies that print the flyers are under contract not to leak the information, and so on.
    The reason for this is because you don't want your competitors to know what your sales are going to be until everyone else does.

    If someone STOLE the information from a print house or computer or an employee violated their contract by posting this information to some public forum, then wal-mart DOES have a fair claim to the information.

    It's not like this information is already out in some flyer and walmart is suing.. they wouldn't do that, for obvious reasons.. once you ARE advertising a sale, you want as many people to konw about it as possible.

  250. Just sent this list around by email by AZPhysics · · Score: 1

    I copied the info from the bofh.org site, and sent it to my relatives. I will now look up the stores mentioned, and email it to them. I would encourage everyone to do a similar thing

  251. Just remember what you said by mindstrm · · Score: 1

    when someone steals trade-secret information from YOUR company, and publishes it.

  252. The point of buy nothing day by djtack · · Score: 2

    As someone who participates in Buy Nothing Day, and digs Adbusters in general, I feel I need to respond to some of the comments here.

    The point of Buy Nothing Day is not to "stick it to the retailers!", or to reduce consumption directly. Obviously, participants will buy what they need on some other day.

    The point is to raise awareness of an issue. Black Friday was chosen as symbolic of the problem, but it could be any day. It's sort of analogous to fasting: you don't do it to "stick it to the farmers!", nor do you expect to lose weight. People who fast are doing so for some other reason, because of the way it alters their perception of the world.

    Buy Nothing Day is the same way. I encourage readers to try it this year. Coffee or lunch downtown? Nope, that's off limits today. What about that special computer cable you need to complete your latest project, or the cool new book that caught your eye, or god forbid that new pop album? It'll have to wait 'till tomorrow.

    Try it and see, you might be surprised...

  253. This could be FUN! by Anonymous Coward · · Score: 0
    I just sent walmart an online message through their feedback page saying (roughly) the following, perhaps some of you will join me in sending similar messages and having fun in Walmarts (best bize, targets...) (however remotely or anonymously - hey, I don't want to be sued by them or arrested - hence the small printed things and not leaflets - walmart will happily force you off their property or even arrest you) :
    ----

    I'll be supporting Buy Nothing Day because of the action on your part against fatwallet.com. I feel that this use of the DMCA or any similar shows corporate disregard for your customers and a general attitude of "screw them all".

    Furthermore I'll be doing it at your store, placing (small) printed Buy Nothing Day notes on your shelves.

    I'll fill shopping carts with stuff and leave them in random places in the store.

    I'll go with a friend and loudly discuss your overpricing and generally poor quality merchandice.

    I'll move price tags around, or remove them entirely.

    And I'll have a great time doing it.

    Are we having fun yet?

    Have a Nice Black Friday.

  254. What advertised prices? by mindstrm · · Score: 1

    These prices were not advertised; they were planned future pricing that was confidential. It wasn't available to the public at all.

    If it had already been shelf pricing, the stores would not have cared.

    The stores do not reveal this information for good reason
    a) They dont'want the competition to know
    b) They want people to continue shopping at current prices, not wait until next week and get a deal.

  255. How does this work. by betanerd · · Score: 0

    I work at a chain with a fairly big black Friday sale, and we have pulled the items that we know all the ad jumpers are going to be after. So they sit in storage in the back awaiting 11-29. So why does having the add in advance matter if the stores in question have pulled all traces of the item? (BTW - Refusing to sell an item to a given person is illegal. Not selling an item for which there is no visible display model, no visible boxed product and no visible signage is very legal.)

    --
    Insert sig here (slashdot) Insert cig here (Lewinsky)
  256. Yup. It does. by mindstrm · · Score: 1

    Too bad this isn't about publishing already public prices, and is in fact about publishing not-yet-released confidential information without the permission of the copyright holder.

    1. Re:Yup. It does. by EccentricAnomaly · · Score: 1

      Then why are they using the DMCA and legal intimidation? If it's about trade secrets than use trade secret law.

      Do you honestly think their claim about the prices being copyrighted would hold up in court if this ever made it to court?

      --
      There are 10 types of people in this world, those who can count in binary and those who can't.
  257. Re:This isn't a DMCA issue, this is a copyright is by jhantin · · Score: 1
    It's the effect of the Safe Harbour provision ... the DMCA gives the asserting party the ability to shift the onus of proof from the plaintiff to the defendant through sheer economics.
    Not exactly. The safe harbor provision is to protect hosting providers and ISPs, not site creators, and safe harbor based takedowns are not final. If the site creator replies to the takedown request with a letter claiming that the material on the site is in fact non-infringing, the hosting provider can reverse the takedown yet remain in safe harbor -- at that point it's up to the copyright holder to hash it out with the site creator, with the hosting provider absolved of liability. This is a good thing for the hosting provider, and doesn't really change the situation otherwise.

    Disclaimer: I am not a lawyer. This is not legal advice. Your mileage may vary. Offer void where taxed, regulated or prohibited by law. Not for use in nuclear facilities. Side effects may include ... never mind, you get the idea.

    --
    ...when you're writing a game...tweak the difficulty of "Easy" to something [your mother] can cope with. -- onion2k
  258. Thank you, Tyler Durden by Col.+Panic · · Score: 2

    but I bet you'd get a better "turn-out" if it was something we could do without our butts leaving our chairs. I'm not saying fresh air is bad, but it sounds like sunshine might be involved and that's where I draw the line!

    How about mass-emailing every g-damn store manager in the country. At least their mail server administrators will take notice (is this thing on??)

    I'm not suggesting that we hack every one of their webservers or anything, but ... uh ... what was I talking about again?

    Let's get creative about this protest and make it something EVERYONE will do - make it easy. Make it fun! Make it lazy!

    Best of all, use your $$ and vote elsewhere.

  259. Incorrect by Anonymous Coward · · Score: 0

    They can't sue the ISP if the ISP has been given notice and takes down the material. They can still sue you if you are the one who put up the material.

  260. Can we profit from this? by Nit+Picker · · Score: 1

    I am not a lawyer, but it seems that someone has used the threat of an unjustified law suit to block publication of information that we could use to save money.

    Is it possible that someone could put together a class action suit, the class being all people who bought stuff on Black Friday at less than the lowest price because they were unable to compare prices in the internet?

    Again, IANAL, and this may be completely off the wall, but if there is a potential action, some lawyers might take it on a contingency basis for big bucks.

  261. Re:Copyrighting Prices - NOT!!! by Minna+Kirai · · Score: 2

    If it's not published, then it's not copyrighted.

    That's consistent with the intent of copyright law, so I understand why you'd think so. But you're wrong! Read entry #2, it directly contradicts you. Stop living in the 70s- today everything is copyrighted as soon as pen hits paper. (entry 4 on the same page)

    Publication has nothing to do with it. There was a successful copyright-infringment lawsuit brought against burglars who invaded someone's property and privacy to steal notes. (I don't have a link, but its true. It seems strange that someone would press minor charges in place of blatant criminal conviction, but we can imagine some reasons)

    You can't judge a book by its cover, and you can't interpret a law by its name. Don't point to the word "Copyright" in the name of the DMCA and assume it only tries to enforce the original meaning of copyright. After all, if the government had only wanted to enforce an existing law, instead of increasing it's scope, then why did it need to pass a new law?

    Reading the DMCA, we see that it forbids "circumvention of mechanisms used to protect copyrighted content". It doesn't matter whether the mechanism is currently being used for something copyrighted or not- you still can't break their protection. Creation, possession or distribution of circumvention devices is illegal too. This means that by wrapping a work in a protection mechanism, even a trivially weak one, publishers can effectively write their own copyright laws- ones without revenue-damaging drawbacks like fair use, extraction of facts, and eventual expiration.

    Hopefully, because it goes so much further than it reasonably should, the DMCA will be overturned. Then your common-sense ideas may start to have some validity again.

  262. Money by Anonymous Coward · · Score: 0

    1) Sue people who are giving you free advertising
    2) ???
    3) money !!!

  263. What is black friday? by Anonymous Coward · · Score: 0

    Subject says it all...

  264. a reasonable response? by geoff+lane · · Score: 1

    If buying anything from these stupid companies present the sales assistant with an liability disclaimer and ask them to sign it on behalf of the company. The disclaimer would say something like, "The customer is allowed to discuss the cost and quality of the purchased product with anybody they see fit."

    If they refuse ask for the manager, if the manager refuses, leave the store.

    We as customers are forced to agree to all kinds of legal stuff, why shouldn't the stores?

  265. Make the "evil" corp PROVE IT by fallen1 · · Score: 1
    You know, it does not cost an arm and a leg to consult with a lawyer and say "Am I within my rights to do (insert offending action here), even though this letter wants me to believe I am not?" If your lawyer says "This is legal mumbo-jumbo. You're in the clear." then simply respond with a short, concise, two word e-mail: PROVE IT

    Then get as much media attention as possible if they do try and sue you. Hopefully a lawyer from the EFF will take up the case or help out. Use the SLAPP statutes and fair use and anything else that can be brought up against goliath and, oh yeah, get as much media attention as possible showing ANOTHER abuse of the system by a corporate conglomerate. After Enron, WorldCom (I hope I'm remembering that right), Martha Stewart and the rest of the things coming to light about corporations abusing the system to the detriment of the "common man" most people are getting fed up with this shit. Every bit of press you get will be negative against the corp, not positive.

    --

    Dream as if you'll live forever.
    Live as if you'll die tomorrow.
    ~Anonymous~

  266. No Phone Number Collection Copyright by ivanski · · Score: 1
    Companies have been able to copyright collections of facts like phone numbers so why not?

    Actually, that's not the case. The applicable case is Feist vs Rural Telephone, where the Supremes ruled that copyright protection required creativity and facts are only discovered, that "sweat of the brow" (in assembling a compilation of facts) doesn't confer copyright protection, and thus simple collections of facts such as a phonebook aren't copyrightable.

    See this page for more info.

    fatwallet is in the right, but unfortunately they don't have the resources to fight this.

  267. Fight it? yeah right no profit in that by Anonymous Coward · · Score: 0

    If it doesnt make money for fatwallet, tim doesnt do it.

  268. That's barratry by yerricde · · Score: 1

    even if they know their accusation won't stand up in trial, it doesn't matter because there is a 90% chance that the recipient will comply anyway.

    Barratry, or the bringing of frivolous legal action, is a crime in several states such as Texas and can get an attorney disbarred.

    --
    Will I retire or break 10K?
    1. Re:That's barratry by Anonymous Coward · · Score: 0
      Barratry, or the bringing of frivolous legal action, is a crime in several states such as Texas and can get an attorney disbarred.

      It's on the books in a few places, but never enforced. As far as I know, there has never been a successful prosecution for it, and no lawyer has ever been disbarred (or so I've heard from tort reform advocates anyway).

      My whole point is that the actual letter of the law matters very little as long as the price tag for mounting a defense is so high and you have little/no means for recouping your costs if you win.

  269. Re:Trade secrets. by tomhudson · · Score: 2

    Exactly - and when a "trade secret" is reverse-engineered, it's no longer a trade secret.

  270. Re:Copyrighting Prices - NOT!!! by ethereal · · Score: 1

    That's how trade secrets should work; it is not what happens in practice. For example, DeCSS is based in part on reverse-engineered trade secrets (a secret key) which the courts acted to penalize even once the trade secret was out there. IANAL, but apparently there are some ways of making a trade secret public which don't actually make it an open secret in the eyes of the (U.S.) law. Doesn't make sense to me, or seem to be in the spirit of the Constitution, but that has seemed to be the recent legal interpretation.

    --

    Your right to not believe: Americans United for Separation of Church and

  271. Groucho Marx by ethereal · · Score: 1

    Inside of a box, it's too dark to boycott.

    --

    Your right to not believe: Americans United for Separation of Church and

  272. I doubt it by Starship+Trooper · · Score: 1

    Come on, have they ever deleted comments before for violating the DMCA?

    --
    Loneliness is a power that we possess to give or take away forever
  273. commerce by qoncept · · Score: 1
    If I were a major retailer and someone was posting my sale prices, you can be sure I'd put every ounce of effort it required in to getting them to stop. Fortunately it seems laws and the ethics of this issue seemed to go the same way for once.

    I'm not sure, but I wouldn't be surprised if the site was illegal anyway due to antitrust laws. I bought a desk at Staples once and they called BestBuy to check the price because I told them it was advertised for less and they had to match, and BestBuy gladly told them (not knowing it was a competitor) the desk retailed for $199.99. Great -- but even that's illegal. Federal antitrust laws prohibit prices being given out over the phone.

    At first glance it seems totally anticompetitive, but it keeps the larger businesses from undercutting the smaller guys so easily.

    --
    Whale
  274. Re: copyright? -- Fireable Offense at Newspapers by ethereal · · Score: 1

    By definition, the maximally free market will drive prices as low as possible while still allowing sellers to retain some profit margin. There's no entitlement to particularly large profits for sellers. Overcompetition doesn't really weaken the market as a whole, it just weakens individual market players until some of them drop out, leaving the rest to work out a little higher market price. Excess competition is easily resolved by market forces themselves, and the way that this occurs itself points to the strength of the market.

    There's a lot of confusion in the U.S. over the last few years about who the market is for. By definition, a free market enables the buyer to drive the economy by making choices. In a free market, the buyer drives the seller, not the other way around. Considering this situation to be a weak economy is a business-driven outlook, not a consumer-driven one. Since the business viewpoint gets more press coverage, it's not surprising that people make this mistake, but it's not the correct understanding of how the free market works (or is supposed to).

    --

    Your right to not believe: Americans United for Separation of Church and

  275. Independent Deal site operators unite! by Steven+Snell · · Score: 1

    Well i'm a little late for this one. My friend told me about this debate and, as the owner/ operator of an independent deal site, I was more than a little concerned.I've always championed retailers like wal mart that provide low-cost goods and services, and I hope they stop trying to intimidate guys like me who are actually helping them out, if you think about it. I'd hate to have to stop posting the kind of deals that can be found at some of the larger discount chains (ie, Wal-Mart, K-Mart, Target, SAAN, Fields, Fedco etc...) especially with the upcoming holiday season. I invite you to look at my site and tell me if I'm really doign anything wrong. http://www.members.shaw.ca/snellsdeals Thanks, Steve

  276. Re:Copyrighting Prices - NOT!!! by Dyolf+Knip · · Score: 2

    I know, I know. Silly me, expecting the cover to, if not paint a totally accurate picture, at least not blatantly lie to me about the rest of the book. Someone else pointed out that the effect of the 1937 Marijuana Tax Act was to make it nearly totally illegal. Sighh....

    --
    Dyolf Knip
  277. Re:Copyrighting Prices - NOT!!! by Minna+Kirai · · Score: 2

    Another good example is "wiretapping laws".

    Wiretapping means you attach a device to someone else's wire and read data from it. It implies there is an invasion of privacy, as someone learns information that he wasn't meant to hear.

    However, many state laws define wiretapping as "electronically recording someone's voice without his knowledge". It has been used to indict people for recording what they believed were crimes by police. In certain jurisdictions, it may be even worse: wiretapping only applies to "audio recordings", so peeking on someone's video signal might not be covered.

    I've heard that some cops have sometimes wiretapped suspects' phones in advance of getting a warrant. They can listen in, and are legally protected by not starting the tape-recorder. (Probably couldn't use evidence gained, but they don't always want evidence)

  278. Casinos by mindstrm · · Score: 1

    In Vegas, card counting is NOT *cheating*. Cheating is illegal, and you can go to prison.
    Cheating would be manipulating a game in some way, or using some kind of computing device to help you (and that part is only because of specific laws passed.. cheating used to only apply to outright cheating) You cannot go to prison, or even be fined, for card counting. No cheating involved. The casino simply does not want you to play, because they will constantly lose money to you, so you are a liability.

    When they kick you out, they tell you that you can't come back because you are NOT ALLOWED in their buildling, and that if you are on the premesis, you will be charged with criminal trespass.

    In Atlantic City, it's specifically illegal for casinos to kick you out for card counting.

    Stores prevent people from coming back by saying "Don't come in here, or you will be charged with tresspassing"

  279. If I steal your book from the publisher by mindstrm · · Score: 1

    And then publish a small exerpt from it, which normally is considered fair-use, I am still violating copyright; I am doing so simply be stealing the work in the first place.

    I don't get why everyone is so against wal-mart et-al this time... mostly it's because they haven't read the article.

    Here we have someone STEALING then PUBLISHING confidential information; and it's not like it's the cure for cancer or anything like that...

    and everyone is calling them names for.. . trying to protect what is rightfully theirs?

    1. Re:If I steal your book from the publisher by EccentricAnomaly · · Score: 1

      Facts aren't covered by copyright law. Trying to use coyright law to keep prices secret is like trying to use copyright law to keep measurmetns from an experiment secret.... or a casino trying to use copyright to keep their security system secret... none of this is remotely copyrightable.

      They shoud go after the individuals who relased their trade secrets under trade secret law... not after websites publishing information using copright law. That's like suing a newspaper for publishing leaked information.... plain silly, and very destructive.

      --
      There are 10 types of people in this world, those who can count in binary and those who can't.
  280. And it happens all the time. by mindstrm · · Score: 1

    Or rather, it would, if newspapers didn't have professional ethics that don't let them do this.

    Leaked information that is "kind of, but not really, secret" is one thing; you can bet if some jerk at a company leaked, say, blueprints for their next car, the newspaper won't publish it.
    A leaked memo full of opinions is a little different than a flyer.

    You just don't get it... if I file a big report on some new experiment, and someone leaks it, they ARE in shit if they publish it; copyright law DOES apply.

    Yeah, they should go after individuals... absolutely. They also have a right to keep their information from being published. They aren't "going after" the website.. they just want the information taken down, which MAKESE SENSE and IS FAIR IN THIS CASE.

  281. Nobody goes shopping on Black Friday by Futurepower(R) · · Score: 1

    Nobody goes shopping on Black Friday -- It's too crowded.

  282. Some legal code *is* actually copyrighted. by andcal · · Score: 1

    Funny thing, your mention of the penal code not being copyrighted reminded me of the fact that a lot of legal code (lots of building code, for instance) is, indeed copyrighted. There are actually companies which have government-sponsored monolopies on building, electrical, and other types of codes, and will print and ship the code to you for a nominal fee. If you make this same information publicly available, these companies will sue you. I can't remember where I saw this, so if anyone has any further information, feel free to jump in with a link.

    --
    --something witty
  283. Last Post! by alpg · · Score: 1

    Once, when the secrets of science were the jealously guarded property
    of a small priesthood, the common man had no hope of mastering their arcane
    complexities. Years of study in musty classrooms were prerequisite to
    obtaining even a dim, incoherent knowledge of science.
    Today all that has changed: a dim, incoherent knowledge of science is
    available to anyone.
    -- Tom Weller, "Science Made Stupid"

    - this post brought to you by the Automated Last Post Generator...

  284. Re:This isn't a DMCA issue, this is a copyright is by Tablizer · · Score: 1

    Probably the copyright claim is bogus itself, but it is common practice for the big corporations to use the threat of legal action to make small fries do what they want, even if they know they would lose. And that isn't a DMCA issue either -- that's a problem with the way capitalism leverages the legal system.

    It has NOTHING to do with capitalism. Big guys can always push little guys around by threatening to make life complicated. Under soviet communism a higher level party member could threaten all kinds of complications for a peon (low-level) person, such as ordering searches of his/her house, reducing his/her food credits, and the most famous: slowing down your paperwork approval for anything over other's.

    IOW, inequality also comes in the form of political or social ineqality, not just financial. Being rich does not guarentee that you won't get picked last in the playground ball game, for example.

    Favoritism is rampant in socialistic nations. I had a coworker who lived in Greece. He had all kinds of interesting stories about the games one has to play to get a good doctor, car license, etc.