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NZ Business Fined For Out-of-Date Website

Peter writes "A story reports that a restaurant in New Zealand has been fined NZ$3000 for failing to keep its website up to date. By having out-of-date menus and prices on its website, it has breached the Fair Trading Act, according to the New Zealand Commerce Commission."

377 comments

  1. Nonsense by Stevyn · · Score: 5, Informative

    The fact that it's on the Internet is moot; it's false advertising. Simply that.

    1. Re:Nonsense by spac3manspiff · · Score: 1

      Great! Now US congressmen need to pass something like this.

    2. Re:Nonsense by nacturation · · Score: 5, Insightful

      I'd take exception to this if it were just a matter of the owner once having a website done up and then forgot about it. But the restaurant was warned not only by the customer who complained but also by the restaurant assocation. Even after all that, nothing was done. So it's clearly false advertising.

      And, once again, this has *nothing* to do with my rights online. How's that Legal section coming along, Taco?

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    3. Re:Nonsense by Stevyn · · Score: 0, Offtopic

      Well, thank you for restating what I said.

    4. Re:Nonsense by Anonymous Coward · · Score: 0

      Agreed. You can't tell me one thing in the media, and another thing when I get there in person.

      You tell me on the web that you gotta $8.95 all-you-can-eat Wednesday, so I come to it 'cause that sounds like a good deal, it better be costing me about $8.95 when the bill comes, not $14.95.

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

      It's called "agreeing". It doesn't happen very often on Slashdot, but it still exists :)

    6. Re:Nonsense by __aadhrk6380 · · Score: 5, Insightful

      Amen!

      If you advertise rates and don't meet them, you're wrong. I can understand "forgetting" to update your site, but once someone told you about it and it still goes uncorrected? There has to be some responsibility on the part of the advertisor (regardless of the medium) to make things right. Internet ads still account for billions of dollars world wide, and this is no different than a regular print or TV ad.

      There have to be warnings in place prior to sanctions - Again, there is always the possibility of an oversight, especially in the case of a company that doesn't use the web as their primary advertising method, but once notified, fix it for Gods sake!

      I was ready to come down hard here, but after I RTFA, I don't have a problem with this.

    7. Re:Nonsense by mikeswi · · Score: 4, Funny

      I had nearly the same thing happen to me yesterday as the customer in that story. For some reason, I woke up with a craving for a surf & turf omelette (grilled shrimp + steak strips). So I looked up the web site of this place in Tybee Island, GA where I used to have those.

      The web site still lists Surf & Turf omelettes on the menu. So I drove all the way there (2 hour drive. Believe me, those omelettes are worth it. They also make the best damned cup of coffee in North America) just to find that shrimp are out of season and so they didn't have any to make a surf & turf.

      Maybe I should email them a link to this story and a link to their own menu. That was pretty annoying.

    8. Re:Nonsense by nacturation · · Score: 1

      Yes, I restated that it's false advertising. However, I also pointed out for those who won't bother to RTFA that the owner was warned repeatedly of the false information and chose to do nothing about it thus making the fine justified. Unless you wrote a journal entry about that, I don't see it mentioned in your post.

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    9. Re:Nonsense by wankledot · · Score: 0, Offtopic

      Why you gotta go and bring logic into this? You're ruining slashdot for the rest of us >:(

      --
      My sig is blank, I typed this by hand.
    10. Re:Nonsense by kd5ujz · · Score: 1

      The menu is on the site, so he did look at the menu before ordering.

      --
      -William
      God is everything science has yet to explain.
    11. Re:Nonsense by Frank+T.+Lofaro+Jr. · · Score: 5, Insightful

      False advertising on the Internet is still false advertising, no new laws are needed, it is illegal in any medium. In general things illegal in one medium are illegal in all, unless the law specifies otherwise.

      This isn't a rights or "Internet" or online case primarily, it is a case of false representations that happened to be on the Internet. Not fundamentally different than if it had been in a newspaper or radio ad, or a billboard, etc.

      --
      Just because it CAN be done, doesn't mean it should!
    12. Re:Nonsense by brilinux · · Score: 3, Insightful

      Yeah, then maybe Slashdot would get fined for all those dupes and old stories.

    13. Re:Nonsense by Anonymous Coward · · Score: 1, Insightful

      Why? If you advertise rates and folks discover that they aren't correct, how long will people continue to buy from them? You folks need a lesson in market theory. If I find a company doesn't do good business, I halt my business with them. I don't demand that someone force them to do business with me the way I want it done, it is, after all, their business, and if they want to treat their customers poorly, they won't be in business long.

    14. Re:Nonsense by luvirini · · Score: 2, Insightful
      There are different levels of false advertising.

      The people who put up that website should have just put in 5 point font a "valid until YYYY" like you do with any print ad. When doing any sort of advertising people should really think of the limitations of what they offer and spell them out clearly. The problem is that many people do not think of a webpage with the same througness as they do an ad in a newspaper.

    15. Re:Nonsense by aussie_a · · Score: 2, Funny

      I think he's kidding. Congress tends to have a habit of passing laws when it comes to the internet. X is illegal, but congress still passes a law defining X online as illegal ;)

    16. Re:Nonsense by Anonymous Coward · · Score: 0

      Then he would have noticed the discrepancy when he got into the restaurant and realized that the prices were different, at which point he should have asked for the manager, explained the situation and resolved it with him there or left the restaurant. What a waste of tax payers money and time to even run this through the court.

      This is consumer stupidity, plain and simple.

    17. Re:Nonsense by aussie_a · · Score: 0, Flamebait

      blah blah blah

      Thankfully in Australia and New Zealand we have false advertising laws. It might be acceptable to lie in your advertisements in America, but over here it isn't.

    18. Re:Nonsense by sTalking_Goat · · Score: 1
      The entire point of looking it up on the interent is so that he wouldn't have to call ahead.

      Granted I'd never drive 2 hrs for food (no matter how much ganja was in my system), but I'd be pissed too. Incidently the longest I've ever driven for food was about 40 minutes for In N' Out burgers and that only because for "some reason" I thought it was only 20 minutes away.

      --

      My days of not taking you seriously are certainly coming to a middle...

    19. Re:Nonsense by Anonymous Coward · · Score: 0
      They also make the best damned cup of coffee in North America

      Quote from Godzilla (1999)

      French guy1: You call this coffee?

      French guy2: I call this America

      Best thing about the whole movie. And it's true ...

    20. Re:Nonsense by drakethegreat · · Score: 1

      This is a very tough subject to judge. Consider if someone prints an ad in a magazine and then that magazine is found a year later in an office somewhere and the prices again are off. Should they be at fault? As far as their site goes maybe they could avoid the issue simply be putting up when the last time they updated it was and the fact that prices may vary as a result of that date. Its that simple. If they do that then the person should know the content is out of date just like an old newspaper. This should never be an issue but in this case it seems very unique to the fact that the makes of the site did nothing. Still I don't think that courts need to start fining half the net over this sort of thing. Keep this as a special case and don't use it as something to change how we look at the net and business.

    21. Re:Nonsense by kd5ujz · · Score: 0, Redundant
      RTFA!!!


      Tony's Vineyard Restaurant in Henderson, Waitakere, found out the hard way that out of date menus are misrepresntations substantial enough to attract the attention of the Commerce Commission.

      The restaurant operator pleaded guilty on Thursday in the Waitakere District Court to breaching the Fair Trading Act in relation to website promotion of its menu and prices and was fined $3,000 plus $260 in court costs.

      According to the commission, the restaurant's website made various representations about the availability and price of certain meals on the menu over a six month period dating from a customer complaint.

      The commission said that many of the meals were not actually available for order at the restaurant, and others were not available at the listed price. In some circumstances, the website price varied between 17 and 36 per cent cheaper than the in-house menu.

      The complaining customer had notified both the restaurant and the Restaurant Association of New Zealand that the website menu was out of date and misleading, but the operator, despite knowing about the issue, had done nothing to correct the website.
      --
      -William
      God is everything science has yet to explain.
    22. Re:Nonsense by ratsnapple+tea · · Score: 2, Insightful

      Thanks, Ayn. I'll see your hypothetical and raise you this: If you live in a country without adequate consumer-protection laws, how many times will you get burned before you decide to move to a place where you have legal protections against this sort of stuff?

      Libertarian paradises, where they have existed, have tended to be almost as horrible places to live as communist paradises. People don't just vote with their wallets; they vote with their feet too.

    23. Re:Nonsense by Gherald · · Score: 0, Offtopic

      Oh but Slashdot isn't misrepresenting anything. We're just helping to ensure you read all those _really important_ stories at least once ;)

    24. Re:Nonsense by Anonymous Coward · · Score: 0

      This feature is already available. Blame the web browser for not properly displaying when the content was last updated.

    25. Re:Nonsense by Frank+T.+Lofaro+Jr. · · Score: 1

      Do you confirm by phone all the prices in ads before you go there?

      Is that the customer's responsibility?

      Why not also say if I go to a store, I shouldn't expect the prices on the shelves to be right and I should use the price scanners to check even items that are clearly marked or on a clearly marked shelf in case the info on the shelf is wrong, or else not complain if the price at the register is higher.

      How anti-consumer can you be?

      I don't usually like lawsuits, judgements for plaintiffs, gov't fines, etc. I am a libertarian on a lot of these issues. I also don't support heavy handed Internet regulation.

      But sometimes you just gotta put your foot down and draw a line in the sand. Unfair business practices are illegal (in many cases - should be in all cases, but isn't) and rightfully so, even on the Internet.

      NZ 3000 is US $2,209.49, CDN $2,715.84, UKP 1,153.56, EURO 1,670.68 (for the benefit of people in other countries)

      (thanks to xe.com for the conversions)

      Not a small amount, a fine that definitely has a sting, but not huge for most business, and apparently fair considering the facts.

      The court costs of NZ 260 seem somewhat reasonable considering the fine (under 10%).

      --
      Just because it CAN be done, doesn't mean it should!
    26. Re:Nonsense by Anonymous Coward · · Score: 0

      I once drove 2 hours to go into San Francisco looking for a particular specialty item that was listed as being sold by a particular store. When I arrived there I was disappointed that it wasn't there, but it was my own fault for not calling ahead to see that they actually had it there in stock.

      I blame nobody but myself. Why are other people so quick to dismiss responsibility for what they do and force it upon others? Nobody forced anyone to buy food from this restaurant. Nobody forced the gentleman that discovered the discrepancy in prices to eat there.

    27. Re:Nonsense by Pxtl · · Score: 1

      You're feeding a troll - read down the comments and look for the ACs. One guy is posting this same Randian dog-eat-dog crap just to get nibbles. Ignore him.

    28. Re:Nonsense by zonker · · Score: 0

      most magazines that quote prices will also say "price subject to change" or give a closing date for the offer in fine print. this was probably due to court cases over such things...

    29. Re:Nonsense by ForestGrump · · Score: 1

      sorry for being OT, but /. doesn't have a private message system, so I'll have to comment about your sig here.

      Being modded funny doesn't improve karma. It used to, but not anymore.
      reference: http://slashdot.org/faq/com-mod.shtml#cm700

      grump

      --
      Is it true that more people vote for the winner of American Idol, than vote for the president? -Ali G.
    30. Re:Nonsense by einhverfr · · Score: 1

      FYI, false advertising is illegal in the US too, and in some cases can be fraud. IANAL....

      --

      LedgerSMB: Open source Accounting/ERP
    31. Re:Nonsense by mikeswi · · Score: 1

      It was 5AM when I got the craving. The restaurant opens at 7, so calling wouldn't have done me any good. I wanted to be there just when it opened to beat the crowd. This restaurant usually has a line stretching around the block by 8:30 or so.

    32. Re:Nonsense by mr_zorg · · Score: 2, Insightful
      And, once again, this has *nothing* to do with my rights online. How's that Legal section coming along, Taco?
      Stretch your imagination a little. It has to do with your right to accurate pricing/advertising online. Therefore, your rights online.
    33. Re:Nonsense by NanoGator · · Score: 0, Troll

      "And, once again, this has *nothing* to do with my rights online."

      Rights as a consumer...

      Oh forget it, nobody's every happy so long as they can spot something to bitch about.

      --
      "Derp de derp."
    34. Re:Nonsense by ScottyUK · · Score: 1

      "Post Humously" != "Post Humerously" :)

      --
      Nice weather for penguins...
    35. Re:Nonsense by hunterx11 · · Score: 1

      Posting after you're dead a la 2pac won't help, either.

      --
      English is easier said than done.
    36. Re:Nonsense by hunterx11 · · Score: 3, Informative

      Even Ayn Rand wanted fraud to be illegal. GP is just a troll.

      --
      English is easier said than done.
    37. Re:Nonsense by Coryoth · · Score: 4, Insightful

      Alternatively you can just point out that free markets tend to work best when the parties involved in a transaction have as information as possible. Introducing false information distorts transactions and harms the efficiency of the free market. Requiring truth in avertising is helping the maximise the efficiency of the market.

      Jedidiah.

    38. Re:Nonsense by nacturation · · Score: 1

      I should create a journal entry about my sig and refer people there who don't get it.

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    39. Re:Nonsense by nacturation · · Score: 4, Funny

      If I had to stretch my imagination for every story like this, my brain would look like the goatse guy.

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    40. Re:Nonsense by mrjb · · Score: 1

      If it would have been a three year old newspaper, would it also be false advertising? Methinks the whole problem would be avoided if the pages containing the advertisements would carry a line "Page last updated: " followed by the date that the page was last updated.

      --
      Visit http://ringbreak.dnd.utwente.nl/~mrjb/growingbettersoftware to download your free copy of the book
    41. Re:Nonsense by whathappenedtomonday · · Score: 5, Funny
      False advertising on the Internet is still false advertising

      you mean things like "news for nerds, stuff that matters", right?

      --
      I hope I didn't brain my damage.
    42. Re:Nonsense by mrchaotica · · Score: 0, Offtopic

      Mmm... that sounds really good. Next time I go on vacation to Jekyll Island I'll have to stop by there; thanks for the tip!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    43. Re:Nonsense by ArsenneLupin · · Score: 1
      But the restaurant was warned not only by the customer who complained but also by the restaurant assocation. Even after all that, nothing was done. So it's clearly false advertising.

      ... or, more likely, lazyness/incompetence ... ("who, apart from geeks wanting to show off, cares about that stoopid Interweb thingy anyways? We have real work to do! And besides, does anybody still know how to update that thing?")

    44. Re:Nonsense by ArsenneLupin · · Score: 1
      I'll see your hypothetical and raise you this: If you live in a country without adequate consumer-protection laws, how many times will you get burned before you decide to move to a place where you have legal protections against this sort of stuff?

      Get some perspective. It's far easyer to decide to dine at a different restaurant, than it is to move to a different country. For instance, how many people really did move to Canada after that Diebold fiasko last November?

    45. Re:Nonsense by ArsenneLupin · · Score: 1
      Alternatively you can just point out that free markets tend to work best when the parties involved in a transaction have as information as possible. Introducing false information distorts transactions and harms the efficiency of the free market.

      Restaurant business is repeat business. If the customer is burned once, and if the price difference is actually big enough that he cares, he won't come back (and maybe tell a few others...).

    46. Re:Nonsense by ArsenneLupin · · Score: 1
      FYI, false advertising is illegal in the US too, and in some cases can be fraud. IANAL....

      In most jurisdictions, falls advertisement is illegal. However, in many cases, companies still can get away with it, if the matter is trivial enough that most customers don't care to invest money and time into a law suit... (Would you invest thousands of dollars into a lawsuit that would drag on for years over a meal that cost you 3 cents more than advertised?). Many companies know this, and happily advertise whatever they like, whether it's true or not.

      Obviously, US-style class action suites help here, but unfortunately, in Europe we don't have those :-( So we get banks who advertise platform-independant home banking which pop up a browser check as soon as you connect to their system with something else than Internet Explorer.

    47. Re:Nonsense by TravisWatkins · · Score: 1

      Well, post-humously means after you're dead. I think you can figure it out from there.

      --

      "But I'm still right here, giving blood and keeping faith. And I'm still right here."
    48. Re:Nonsense by Anonymous Coward · · Score: 3, Interesting

      Would an old 1973 catalogue also be false advertizing? See, the law *does* have to specify whether a webpage can be just like a printed catalogue, accurate only at the time of publication.

    49. Re:Nonsense by BRonsk · · Score: 1

      They can't update their website every 10 seconds can they? When the menu on the door also advertise shrimps and you go in, sit, and are told that they are out of shrimps you don't start a lawsuit don't you?

      Their website, menu on their door and everything else has to be reasonably up to date. You can't expect it to exact. Because life is not so.

      In that case, your bad, not their.

    50. Re:Nonsense by Anonymous Coward · · Score: 2, Insightful

      This is a naive comment. Firstly, consumer-protection laws are a recent innovation, legally speaking, and when first implemented (the early 1900s in the US) varied widely in their scope and degree of enforcement, not only between (for example) the US and Europe, but among the several United States. No historian worthy of the name has suggested any significant migration patterns in 1900s America driven by varying levels of consumer protection law. I think just stating the proposition out loud like that is more likely to provoke ha-ha than a-ha.

      Secondly, I defy you to actually name a libertarian paradise or otherwise provide evidence for your wild general assertion, not to even mention your contradiction of the much milder assertion (which the parent made) that "consumer protection" laws that significantly compromise freedom of speech and freedom of contract in the name of "the truth" (and what is truth, eh, Pilate?) are worth the inevitable social cost.

      Just try asking yourself what "truth in advertising" would do to your dating life. Or imagine if the government could force you to defend (at enormous expense) any minor random claim you made about your nifty new software any time they wanted to. ("More secure than Windows!" Oh yeah? Prove it! Time to write a few $1 mil checks to the lawyers. . .) The legal costs for entrepreneurship would just soar out of sight. You forget that safe consumers without successful vendors is just another name for a Neanderthal society. If you want daring business innovation, you have to accept the occasional consumer fraud. Frequently enough, the difference between a really clever idea and a really sneaky scam is damn hard to detect ahead of time, when you're drafting the laws.

      No one likes being lied to, but if it does happen, the socially efficient solution is either voting with your wallet, or with your feet (as you say, amongst other grandious silliness), or at most a private claim for damages based on a breach of explicit or implied contract. Inviting government oversight of even the most tenuous implied contract is a recipe for statist disaster.

      Some things are indeed best left to individual negotation and common bloody sense.

    51. Re:Nonsense by Anonymous Coward · · Score: 3, Insightful

      This is a completely ass-backwards understanding of economics. Free markets cause informed consumers, not vice versa. What, you think capitalism doesn't work unless and until everyone tells a close approximation to the truth? That's nuts. If that were true, we'd still be living in caves. Humans are not by nature honest with each other.

      Indeed, buyers and sellers have every motivation to lie to each other, and will do so in an unfree (e.g. Soviet) market as much as possible. But in a free market, entrepreneurs can easily drive liars out of business simply by hewing closer to the truth, because it's an obvious fact of economics that most business is repeat business, and an obvious fact of psychology that no one likes doing business with a liar.

      Put it another way: adding false information to a product is just selling an inferior product. In a free market someone can and will come along and sell the same product without attaching a false information "feature." Then, with his "better quality" product he'll drive you out of business in no time. He'll have great fun and much success pointing out your lies in his own advertising. That is exactly what happens in modern American advertising. You can always count on Chevy to point out where Ford stretches the facts, or on Microsoft to keep the consumer thoroughly informed of the drawbacks of Mac OS X or Linux. These forces are far more powerful at keeping corporations honest than any fiddling oversight by the government.

      Honesty naturally evolves in a free market because it is the only way for a business to survive in the long run. When markets are not free, public honesty tends to suffer greatly.

    52. Re:Nonsense by Anonymous Coward · · Score: 1, Insightful

      False advertisement is illegal, yes, but all states allow quite a lot of "puffery" (barely plausible exaggeration) in commercial speech. Caveat emptor is still the general law of the land, once you turn 18 and presumably have a head on your shoulders. Unless a seller makes a truly outrageous claim, you're generally toast in Court.

      A far better approach, if legal approach one must take, is to argue that a contract was never finalized (because there was no "meeting of minds" about what was being sold), and hence you are entitled to void your side of the deal -- i.e. demand your money back.

      This has nothing to do with any false advertising or consumer protection laws. It's just you reneging on the deal after the fact, based on the ancient English common law principle that no contract exists unless both parties are in substantial agreement as to the nature of the items being exchanged.

    53. Re:Nonsense by Jedi+Alec · · Score: 1

      dunno how things work over there, but here restaurant menu that contain things that are seasonal use have a tiny remark saying "depending on availability" next to it. voila, in the clear...

      --

      People replying to my sig annoy me. That's why I change it all the time.
    54. Re:Nonsense by Anonymous Coward · · Score: 0

      ...once notified, fix it for Gods sake!

      Last time I checked that dude was omniscient - I'm sure He doesn't rely on web site advertising to estimate His tab.

    55. Re:Nonsense by ArsenneLupin · · Score: 1
      Unless a seller makes a truly outrageous claim, you're generally toast in Court.

      Hmm, and I was under the impression that it's the believable claims that are actionable, not those that are cleary tongue in cheek. Nobody in their right mind would sue Ford because the Sportka is not really capable of defending the its pristine paintjob against defecating pigeons or its interior against stray cats.

      In the case of the bank however, the claim looked believable, because competitors of the bank in question truely moved to an open platform.

    56. Re:Nonsense by awol · · Score: 4, Insightful

      "Alternatively you can just point out that free markets tend to work best when the parties involved in a transaction have as information as possible"

      Not just tend, but information is necessary for the existence of a free market. Indeed one of the most valid criticisms of free market microeconomics (well even macro actually) is the assumption about perfect information. Without it, the market cannot be free.

      --
      "The first thing to do when you find yourself in a hole is stop digging."
    57. Re:Nonsense by Anonymous Coward · · Score: 0

      Honesty naturally evolves in a free market because it is the only way for a business to survive in the long run.

      This is what happend to Enron, yes? And what about the short run, I suppose it doesn't matter?

    58. Re:Nonsense by Joe+Random · · Score: 2, Insightful
      Consider if someone prints an ad in a magazine and then that magazine is found a year later in an office somewhere and the prices again are off. Should they be at fault?
      Of course not. But then again, it's not possible for a business to change the content of all of their magazine ads with the click of a button. This situation is more like a business failing to change the prices on the billboard outside of their establishment.
    59. Re:Nonsense by Anonymous Coward · · Score: 0

      You forget that "a private claim for damages based on a breach of contract" is inviting government into private negotiations.

      I also used to thought that libertarians don't believe in "social efficiency".

    60. Re:Nonsense by Anonymous Coward · · Score: 1, Funny

      As long as the CEO makes out with the giant golden parachute seconds before the plane bursts into flame, the libertarians are all cool with that.

    61. Re:Nonsense by JaredOfEuropa · · Score: 1
      Libertarian paradises, where they have existed, have tended to be almost as horrible places to live as communist paradises.
      Do you have examples of past or existing libertarian societies? And please note that libertarian != anarchist.
      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    62. Re:Nonsense by Midnight+Thunder · · Score: 3, Insightful

      It is probably laziness, but if the restaurant owner does not want to spend time updating the web site, then (s)he should not present information that is likely to go out of date.

      --
      Jumpstart the tartan drive.
    63. Re:Nonsense by SlamMan · · Score: 1

      Sure they can. Its just more complex. Check out game theory, and specifically asymmetrical information.

      --
      Mod point free since 2001
    64. Re:Nonsense by QMO · · Score: 1

      Usually 1973 catalogs look old, so it is fairly obvious that they aren't valid anymore.

      It is also not the property of the store once they mail it to you, and they no longer have the right (or ability, for that matter) to change it.

      However, if the company sent you a brand-new copy of the 1973 catalog today (like the restaurant sent a brand new copy of the menu from the website) then even having the old date, and a small-print notice that the prices are only good in 1973, might not be enough to get dinged for false advertising.

      --
      Exam 4/C again. Maybe I'll do better this time.
    65. Re:Nonsense by QMO · · Score: 1

      "libertarian != anarchist"

      Maybe not, but the hypothetical extreme libertarian examples that I've read are unsustainable and would rapidly change into either anarchy or stronger government.

      I agree with a lot of PRINCIPLES that libertarians espouse, but the suggested implementations and radical extremes that some people extrapolate to are crazy.

      --
      Exam 4/C again. Maybe I'll do better this time.
    66. Re:Nonsense by QMO · · Score: 0, Offtopic

      I drove several hours to go to Pork-N-More in Farmville, VA.

      The most amazing roast beef sandwich on a potato roll that you can imagine.

      And the BLT is perfect, and the twice-baked potatoes are very good, and on Fridays the bbq ribs are amazing.

      --
      Exam 4/C again. Maybe I'll do better this time.
    67. Re:Nonsense by Anonymous Coward · · Score: 0

      You're not my dad (or mom).

    68. Re:Nonsense by squiggleslash · · Score: 1
      One thing I've noticed is that most catalogues, and the majority of other leaflets advertising things, that arrive at my house have an expiry date on them in some shape or form ("Offer valid until 12/1/2005")

      The other major difference is that if I was given a catalogue in 1973, I wouldn't expect its prices to be valid today, but if I was given a catalogue today, I most certainly would, even if it was printed in 1973. The website is being served in real time, it's not as if someone's gone to a website three years ago and expected the prices to be valid today. They've gone today, the website - with the full consent of the seller - has said "The price is X". But it wasn't.

      --
      You are not alone. This is not normal. None of this is normal.
    69. Re:Nonsense by squiggleslash · · Score: 1
      The other major difference is that if I was given a catalogue in 1973, I wouldn't expect its prices to be valid today, but if I was given a catalogue today, I most certainly would, even if it was printed in 1973
      Before anyone leaps in and flames this, I should point out I'm talking about being given it by the seller in both cases, without any suggestion from the seller that the catalogue isn't current. eg I walk up and say "Do you have a catalogue?" And they say "Yeah, sure, have this. Give us a call if you want to buy anything."

      Or in other words (fucking two minute bullshit), I say "Can you give me a catalog", and they hand me this thing from 1973, but they don't say "Well, all I can find is an old catalogue, the prices may have changed and we probably don't sell flared white trousers any more", they act as if there's nothing unusual about it at all. And the catalog doesn't say anything about valid date ranges.

      --
      You are not alone. This is not normal. None of this is normal.
    70. Re:Nonsense by Vince+Mo'aluka · · Score: 1
      Libertarian paradises, where they have existed

      Where exactly has libertarianism existed? (I'll ignore your roundabout insult of implying that libertarianism is a hopeless/utopian "paradise".) As far as I am aware, no state on this planet has even approached libertarianism, except perhaps for the US 200 years ago (but then, how can a state which permits slavery be considered libertarian). So, either show me a state whose government is/was permitted ONLY to protect the people against the initiation of force, or you will have to admit that your comment was just baseless assumption.

      Furthermore, depending on the situation, deliberate false advertising could be considered an initiation of force. What makes you think a libertarian government would refuse to deal with such a problem? Or were you simply assuming the problem can't possibly be dealt with unless some blanket regulation is passed? Libertarianism is about justice as much as it's about freedom you know.

      --
      You took his stuff. You pound him.
    71. Re:Nonsense by ingvar · · Score: 1

      In quite a few places, a written offer has to be met. Thus, if you advertise product X at price Y, there's usually something along the lines of "valid until DATE", "while stock lasts" or "price information is subject to change".

    72. Re:Nonsense by LurkerXXX · · Score: 1

      That's often what is on the menu around here as well, but sometimes I've gone somewhere an there were simply 'out' of a regular dish. They had a big run on orders for that particular dish and were all out of an indgrediant for it until the stores were open the next day. It happens. It's not false advertising, it's being sold out. Happens all the time in stores. Deal with it.

    73. Re:Nonsense by Anonymous Coward · · Score: 1, Informative

      Not really the same thing. This is more like placing an ad to be in each issue of the magazine and having prices which are a year out-of-date shown in the issue currently on sale.

    74. Re:Nonsense by Anonymous Coward · · Score: 0

      Or higher a local high school geek to spend a few hours every-so-often to update it. This is a restaurant's webpage, all they have to do is keep the contact information and prices up-to-date. It is not like it is a news site, or even a glorified blog like Slashdot, where the content changes every day (insert your own joke about "duped" stories).

    75. Re:Nonsense by DarkMantle · · Score: 1

      What does american congress have to do with a New Zealand court case?

      --
      DarkMantle I been bored, so I started a blog.
    76. Re:Nonsense by grahamm · · Score: 1

      The difference there is that you do not expect the ads in an old newspaper to be current, but you do expect those in the issue of a newspaper or magazine which you have just purchased from the news vendor to be reasonably current.

      Looking on the web for a price or menu is like looking in the current issue of a newspaper or magazine.

    77. Re:Nonsense by Anonymous Coward · · Score: 0

      This is a completely ass-backwards understanding of economics. Free markets cause informed consumers, not vice versa. What, you think capitalism doesn't work unless and until everyone tells a close approximation to the truth? That's nuts. If that were true, we'd still be living in caves. Humans are not by nature honest with each other.

      You are forgetting the through out humanity's history (and concievably pre-history as well) the dominant ethical and moral codes always valued honesty (at least to people in the same clan, tribe, society, etc...). This is because people benifit from a reasonably honest culture in many ways other than economic. For example, sharing knowledge and skills would not be possible if you could trust others, and this benifits people .

      Captialism didn't invent honest transactions, and for anything like a free market to exisit there has to be some level of informed buyers. It is true that a market system has built in incentives for sellers to be reasonably honest. However, your arguement makes it sound like that there is no reason to be honest other than the market, which is nonsense.

    78. Re:Nonsense by Anonymous Coward · · Score: 0

      Sure they can. Its just more complex. Check out game theory, and specifically asymmetrical information.

      If by "more complex" you mean "the 'invisible hand' gets dismembered", I can agree with that.

    79. Re:Nonsense by Anonymous Coward · · Score: 0
      its interior against stray cats.

      Wouldn't cutting a cat's head of inside the car make a bigger mess than just leaving it alone. I'm going to go cry now.

    80. Re:Nonsense by Chris+Kamel · · Score: 1

      The thing to note is how easy the Internet made one commit false advertising unknowingly. a website will stay the same unless updated, which is not the case with paper or tv ads... Firms are just not used to the new medium implications.

      --
      The following statement is true
      The preceding statement is false
    81. Re:Nonsense by grahamm · · Score: 2, Insightful

      Or if it was a delivery? If the web page says your pizza will cost £10.00, would you be happy if the delivery boy wants £12.00 when he brings it?

    82. Re:Nonsense by Mant · · Score: 1

      In this case "business my way" is simply a case of them being honest.

      The idea that government should allow business to scam customers through false advertising is OK because customer will leave is ridiculous.

      What if the scam is for something very expensive like a house, or about the safety of something? Hey, if you bankrupt or kill you customers you will go out of business so that is OK!

    83. Re:Nonsense by rainman_bc · · Score: 1

      The fact that it's on the Internet is moot; it's false advertising. Simply that.

      I got hit with something similar on Amazon marketplace. A seller placed a camera lens for $200 on that normally sells for $450. I pounced on it. They cancelled my order because they made a mistake.

      I was pissed, and wrote a complaint at resellerratings.com , but other than that, I really had no recourse

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    84. Re:Nonsense by ratsnapple+tea · · Score: 1

      In other words: In the long run, we evolve something similar to the system of truth-in-advertising laws and enforcement mechanisms we already have today. Which is fine--if you can afford to wait that long. After all, in the short run, we're all dead.

    85. Re:Nonsense by ratsnapple+tea · · Score: 1

      My parent post seemed to be advocating the abolition of truth-in-advertising laws on the grounds that the free market will evolve a similar infrastructure on its own, given time. This may be true, but the problem I wanted to point out is if we all agree it's going to happen, we could just implement it now and spend our energies elsewhere. Because while our economy is spending decades, even centuries getting its act together, other economies--with an intelligent infrastructure for economic development already in place--will be speeding ahead.

    86. Re:Nonsense by ratsnapple+tea · · Score: 1

      Oh jeez, your first paragraph sounds exactly like the familiar whine of would-be Marxists: "No state on this planet has even approached true, unfettered Communism/Socialism/Marxism, so who are you to say it would be a failure?" This claim is not only bizarre; it also sort of misses the point.

      And as for your second point, did you read my parent poster? He/she said regulation should be done away with, because the free market eventually provides for all. Key word is eventually. In the meantime, people get ripped off, and since we agree (I think we agree, right?) that what we'll end up with is basically a system of "blanket regulation" under a different name, why suffer needlessly?

    87. Re:Nonsense by Coryoth · · Score: 1

      Sure, the free market will try and correct for a lack of honesty. The internet will route around censorship - that doesn't mean you may as well have censorship because the internet will manage to get past it. If the market is going to move toward a more honest system, and an honest system is going to be more efficient, you may as well just go straight there if you can. Or do you really believe that laws against fraud are onerous and repressive restrictions on freedom?

      Jedidiah.

    88. Re:Nonsense by einhverfr · · Score: 1

      Well, if you carefully read advertisements, you can often say that some of it, while not false, is either vacuous or misleading.

      For example, I am going to single out Cheerios here for a meaningless advertisement claim: "4 out of 5 pediatricians who recommended finger foods recommended Cheerios."

      Ok What does this mean? It means very little. For all the reader knows, maybe 95% of the pediatricians interviewed said that they don't recommend fingerfoods.

      Agian, I can't demonstrate that it is false, but I cannot generate any real meaning from it either. But if you just skim over it, it seems like pediatricians are recommending Cheerios, which is *not* what it says.

      --

      LedgerSMB: Open source Accounting/ERP
    89. Re:Nonsense by sharkey · · Score: 2, Funny

      Of course they do. SOMEONE has to think of the children, after all!

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    90. Re:Nonsense by 88NoSoup4U88 · · Score: 1
      "Put it another way: adding false information to a product is just selling an inferior product. In a free market someone can and will come along and sell the same product without attaching a false information "feature." Then, with his "better quality" product he'll drive you out of business in no time. He'll have great fun and much success pointing out your lies in his own advertising. That is exactly what happens in modern American advertising. You can always count on Chevy to point out where Ford stretches the facts, or on Microsoft to keep the consumer thoroughly informed of the drawbacks of Mac OS X or Linux. These forces are far more powerful at keeping corporations honest than any fiddling oversight by the government."

      Here in the Netherlands, it's not allowed to compare your brand (let's say, Coca Cola) against a competitor.
      A while back, the infamous 'Pepsi Test' (asking people on the street to drink two glasses, and say which one is the nicest/Pepsi) was done with brand Pepsi, and brand X. Same goes for washing detergents etc.

      Still, there's very strict governing against false advertising, with various organisations (eg. de Consumentenbond, translated loosely to the Consumer's Union) protecting the rights of the consumer.

      Nonetheless, I agree with your statement, and would love to see more 'wars' fought out in commercials ; Would make them alot more entertaining imo.

    91. Re:Nonsense by Anonymous Coward · · Score: 0

      One thought that popped into my head is whether internet advertising can be considered transient.

      If you look at the newspapers archives in the library, you cannot reasonably expect the advertisements to have current prices. If you ask for and recieve a menu from a restaurant, those prices better be accurate.

      Webpages have traits of both old newspapers and today's menus. Perhaps legislation dealing with the specific nature of websites is needed.

    92. Re:Nonsense by PsiPsiStar · · Score: 1

      If I had to stretch my imagination for every story like this, my brain would look like the goatse guy.


      An open mind is a good thing.

      --

      ___
      It's the end of my comment as I know it and I feel fine.
    93. Re:Nonsense by GileadGreene · · Score: 1
      Interestingly enough, many libertarians base their philosophy on the idea that the few laws we have should make it illegal for "any individual to initiate force or fraud against another individual" - I've seen that catchphrase all over the internet. Presumably truth in advertising laws would fall into the "non-initiation of fraud" category.

      There are very few free-marketeers that advocate having no rules at all in the market. And in fact rules of some kind of essentially unavoidable - any transaction of any kind requires some kind of protocol - it's just a question of whether those rules are implicitly understood or explicitly stated. Personally, I prefer the explicitly stated version, since it allows everyone to see what the rules are, agree to them, and ensure that they are applied equally to all. It's just a question of finding the minimal set of rules that allow the market to function in the way that we desire it to function. Of course, that would require that we actually know how we want the market to function (i.e. what end-results we want), and can get everyone to agree on it... ;)

    94. Re:Nonsense by ShieldW0lf · · Score: 1

      No one likes being lied to, but if it does happen, the socially efficient solution is either voting with your wallet, or with your feet (as you say, amongst other grandious silliness), or at most a private claim for damages based on a breach of explicit or implied contract. Inviting government oversight of even the most tenuous implied contract is a recipe for statist disaster.

      Might I suggest that you only formed this opinion because you live in a society where the ability to lie effectively is a socially rewarded behavior?

      I don't imagine someone who moved to your country from another that doesn't accept this kind of thing would agree. They'd probably flounder around trying to get accurate information that doesn't exist, whereas someone from a "liar-culture" would just accept that they are not able to be accurately informed and choose in ignorance.

      Oh, and the "silliness" of voting with your feet is a lot less silly when you're not a native of the country in the first place. And the US in particular NEEDS immigration to prevent a social collapse.

      --
      -1 Uncomfortable Truth
    95. Re:Nonsense by GileadGreene · · Score: 1

      The idea of a free market is not necessarily predicated on the assumption of perfect information. A free market means exactly that: a market in which one is able to freely enter into transactions with others. There isn't a requirement for perfect information. In fact, I've seen several arguments in favor of a free market that make the claim that we need a free market precisely because it's impossible to have perfect information: no one central entity could possibly know enough to adequately control the market, while a free market allows for distributed control, and information flow through price fluctuations.

    96. Re:Nonsense by BeagleBoi · · Score: 1

      No idea how many moved to Canada, but we seem to be getting new US political refugees every day in New Zealand.

    97. Re:Nonsense by jasmusic · · Score: 1

      Anything that can clarify the law is good, even if it means a little bit of redundancy. In multiple U.S. Constitution amendments you'll see, "The Congress shall have power to enforce this article by appropriate legislation." Such power is already implied, but it does no harm to re-declare.

    98. Re:Nonsense by DroppedPacket · · Score: 1

      I just thought that was satire!

      --
      I am not a resource! I am a free man!
    99. Re:Nonsense by timeOday · · Score: 1
      I'd take exception to this if it were just a matter of the owner once having a website done up and then forgot about it.
      I wonder if all trouble might have been avoided simply by including a message on the page originally: "prices valid until 1/1/2004" (or whatever).

      As for "rights online", I suppose it could have huge implications if interpreted just a little more broadly. How many websites are "guilty" of providing out of date information? Most, I'd wager.

    100. Re:Nonsense by d34thm0nk3y · · Score: 2, Insightful

      I think he's kidding. Congress tends to have a habit of passing laws when it comes to the internet. X is illegal, but congress still passes a law defining X online as illegal ;)

      You forgot the part where they make the punishment twice as bad in the process...

    101. Re:Nonsense by Beetle+B. · · Score: 1

      Honesty naturally evolves in a free market because it is the only way for a business to survive in the long run. When markets are not free, public honesty tends to suffer greatly.

      All makes sense until I see the good old news media companies, and how everyone flocks to dishonest sources.

      Then I realize the whole concept of evolving honesty is rubbish.

      --
      Beetle B.
    102. Re:Nonsense by RyatNrrd · · Score: 1

      Is it legal in the States to say "Red Bull Gives You Wings?" I have seen the ad in New Zealand and in Canada, but haven't watched enough TV in the States to know for sure.

    103. Re:Nonsense by Anonymous Coward · · Score: 0

      Pinochet's regime was one of the freeest in economic terms. I wouldn't have wanted to live there.

    104. Re:Nonsense by Fjandr · · Score: 1

      Yeah, but that's really stretching it. If you try to stretch too far at once, you're likely to pull something important.

    105. Re:Nonsense by dosius · · Score: 1

      They get around it by saying "Red Bull gives you wiiings" (sic), not "Red Bull gives you wings"... minor technicality.

      Moll.

      --
      What you hear in the ear, preach from the rooftop Matthew 10.27b
    106. Re:Nonsense by Fjandr · · Score: 1

      There are very few free-marketeers that advocate having no rules at all in the market.

      I would certainly agree with this particular statement. I'd say that even the hardliners agree that "rules" per se are necessary, the only difference is really just semantic. Those who advocate "no rules" tend to advocate that on the basis of having some arbitrary body make and enforce a "set of rules."

      I think the difference between free-marketers and others is that those pushing free markets are in favor of being able to trade within the "norm" while also having the right to negotiate trades that are not bound by the usual rules, but rather independently negotiated terms acceptable to both parties.

      I understand that these systems are open to abuse, but current systems are open to other types of abuse. My personal opinion is that the risks are worth the rewards. Unfortunately, I live in an industrialized society where the term "personal responsibility" means that someone else is personally responsible for every terminally stupid (or any other) act a person can commit. I don't expect to see any of this happen in my lifetime, barring the collapse of an empire.

    107. Re:Nonsense by atrizzah · · Score: 1

      Bullshit. Honesty costs more than false adverstisment, and in instances where lying is more costly than the gains of being honsest, all firms will lie. There's no guarantee that honesty will prevail in a free market.

    108. Re:Nonsense by RodgerDodger · · Score: 1

      More to the point: laws against such behaviour as fraud and false advertising have evolved from those cultures for reasons above and beyond the purely economic ones.

      --
      "Software is too expensive to build cheaply"
    109. Re:Nonsense by RobertLTux · · Score: 1

      no that would be called bit of history since most likely the models sold would be vastly different and of course the 73 catalogue would be obsoleted by the 74 cat which would be obs by the 75 ...

      --
      Any person using FTFY or editing my postings agrees to a US$50.00 charge
    110. Re:Nonsense by seedyunderbelly · · Score: 1

      Here in the Netherlands, it's not allowed to compare your brand (let's say, Coca Cola) against a competitor. A while back, the infamous 'Pepsi Test' (asking people on the street to drink two glasses, and say which one is the nicest/Pepsi) was done with brand Pepsi, and brand X. Same goes for washing detergents etc.

      The UK was a bit like this up until relatively recently - not sure whether it was because of the Law, or just because everyone was being very polite. But nowadays you do see a smattering of ads with things like direct comparisons of prices, or quotations from dissatisfied customers of competitors.

    111. Re:Nonsense by Bob_Robertson · · Score: 1

      Libertarian paradises, where they have existed

      Good sir, please, where have you seen such places? I'd love to hear about them.

      Bob-

      --
      The Ludwig von Mises Institute. The reasoning individuals economics
    112. Re:Nonsense by Bob_Robertson · · Score: 1

      unsustainable and would rapidly change into either anarchy or stronger government.

      Like when the authoritarian Constitution was implemented over the relatively free Articles of Confederation?

      The problem with arguing about anarchy is that people do not talk about the same thing. Chaos is not the result of not having "rulers", yet many peoples use of the word anarchy would lead one to think that it means only chaos.

      You live your life in anarchy most of the time. No one tells you where to shop, what to buy, what channel to watch, when to post on Slashdot, what to say or how to say it. There is no law defining when you go to bed or who you work for. Indeed, you can quit your job any time you want if their rules are not to your liking. Utter anarchy.

      Anarchy does not mean that voluntary association goes away, it simply means that associations are all voluntary.

      The bomb-throwing, window breaking, paint spraying "anarchists" on the news are hardly anarchists at all. They are funded and directed, taking orders from their leaders whomever they may be. They have leaders, and are therefore not anarchists.

      Libertarians espouse only one principle: Non initiation of force. Everything else is a tributary of that one principle. That there are repercussions of this ideal that make some people uncomfortable is obvious.

      To state that you don't agree with it means that you believe it is ok for you to initiate force against people, the essence of "the ends justify the means". You may narrowly define what ends you see as being so important that they justify forcing compliance, but your narrow definition does not change the fact.

      I expect that almost all of your ends are the result of not thinking through what "initiation" means, such as the prosecution of murder which almost always involves using force against the murderer. Such prosecution is a response, not an initiation. Same with defensive war.

      Anyway, please think about it. It's not like I can tell you to think about it, since I will not use force to compel you. Get it?

      Bob-

      --
      The Ludwig von Mises Institute. The reasoning individuals economics
    113. Re:Nonsense by Bob_Robertson · · Score: 1

      exactly like the familiar whine of would-be Marxists: "No state on this planet has even approached true...

      Good sir, you were the one who said that Libertarian countries have existed. All we want to know is, where are they?

      In the meantime, people get ripped off, and since we agree (I think we agree, right?) that what we'll end up with is basically a system of "blanket regulation" under a different name, why suffer needlessly?

      Prosecution of the initiation of force and fraud is all a "Libertarian" government would be empowered to do. Your statement is false because it implies that no such prosecution would happen in a free market. However, since there is no other function for all the people who would be bureaucrats and regulators and otherwise love to stick their noses into other peoples business, I expect that watchdog groups (like the ones that exist now, in fact) would flourish.

      Imagine Underwriters Labs, or Failure Analysis. Or even something named "Consumer Reports". Oh, that's right, you don't have to imagine. And, they are entirely Free Market.

      Prosecution for initiation of force and fraud is exactly what all the statists say their regulations are supposed to do. The fact that those regulations crush innovation, foster abuse, protect nasty people who hurt others deliberately while careful to remain "within the law", are all problems that having those regulations create. "why suffer needlessly" indeed.

      Eliminate the regulations, go after the poluters, the false-advertisers, the makers of hazardous products, directly. There will be lots of resources left over without the regulations punishing those who harm no one, and lots of busybodies available to pester the few bad apples out of business.

      Bob-

      --
      The Ludwig von Mises Institute. The reasoning individuals economics
    114. Re:Nonsense by Bob_Robertson · · Score: 1

      In other words: In the long run, we evolve something similar to the system of truth-in-advertising laws...

      Nope. In the short run. Consumer Reports, Underwriters Labs, Failure Analysis, even Erin Brockovitch. All of these "watchdogs" exist right now, and a truly free market will only see them flourish.

      Bob-

      --
      The Ludwig von Mises Institute. The reasoning individuals economics
    115. Re:Nonsense by QMO · · Score: 1

      I apologize in advance for the length of this post, but practically every point in your long post admitted specific response (if not outright refutation).

      I'll start by rephrasing something I said in GP (though phrased slightly differently). The hypothetical libertarian societies I have read about have been so obviously unsustainable as to be almost humorous. (I say almost, because the fact that the creators of these examples didn't see the obvious and gaping flaws is sad evidence that they aren't even looking for flaws, or ways to correct them.)

      From Dictionary.com

      Anarchy
      1. Absence of any form of political authority.
      2. Political disorder and confusion.
      3. Absence of any cohesive principle, such as a common standard or purpose.

      and

      Chaos
      1. A condition or place of great disorder or confusion.

      So, how can you say that anarchy doesn't mean chaos?

      Thus, I do not live in anarchy most of the time.

      No one tells me where to shop, but I live under the common assumption that I have to pay for what I get when I shop.

      No law defines who I work for, but there is an underlying structure that (more-or-less) guarantees that the value of my work will be readily convertible into food, clothing, shelter, entertainment, etc. This is not disorder and confusion.

      Anarchy means that if I am murdered there are no common standards whereby the murder would be judged.

      Anarchy means that if I am powerful enough that I can do what I want, since there is no cohesive principle, such as non-initiation of violence, that would have others band together to stop me.

      Finally:
      Quote: "Libertarians espouse only one principle: Non initiation of force."

      Apparently we have read/talked to different groups of people calling themselves libertarians. Or, perhaps the "official" position of an "official" group of libertarians is merely vastly different than the result of such a position, and also very different than the actual beliefs of those calling themselves "Libertarians."

      Anyhow, non-initiation of force is one of the easiest things to rationalize into use of force. (generational feuds, etc.)

      This also brings up the not-insignificant question of where influence ends and force begins. I'm sure that you can draw a definite line, but if I draw the line somewhere in the region of "mild censure = emotional violence" then you can barely even disagree with me before getting in trouble. This is an extreme example, but a problem statistically sure to come up if there were a "true libertarian society." Any resolution to this question would necessitate some people initiating violence (in my opinion) and the line moves a little farther, and the society is already on the slippery slope to strong government or anarchy.

      --
      Exam 4/C again. Maybe I'll do better this time.
    116. Re:Nonsense by Bob_Robertson · · Score: 1

      Always glad to have a reasonable discourse.

      So, how can you say that anarchy doesn't mean chaos?

      Good sir, you said it yourself. 1. Absence of any form of political authority.

      But what is "political authority"? It is the lawful power to unilaterally change contracts, among other things. For instance, the IRS code is changed every year. I have no ability to "opt out", unlike every voluntary contract I enter into that the other party chooses to change.

      Every voluntary interaction you enter into is therefore anarchic, because you can indeed opt out. They hold no "political" authority over you. As you point out, those voluntary interactions happen under rules agreed upon by all the people involved. Churches are a great example. Some of them have a great many rules and regulations, yet (save for some abusive and generally condemned few) are entirely voluntary.

      Anarchy means that if I am murdered there are no common standards whereby the murder would be judged.

      Interesting that you would mention that after I said that the initiation of force, such as murder, remains prosecutable.

      I do take exception to your putting forth that a lack of common standards is a bad thing. Many different standards have existed through history, some of which would value your life merely by some lump of gold. Variations of standards is why there are juries, because killing someone is not always murder.

      Apparently we have read/talked to different groups of people calling themselves libertarians.

      There are several people who call themselves "libertarians" who are nothing of the sort. I expect that you have indeed heard from some of them.

      May I suggest the Ludwig von Mises Institute and Lew Rockwell as good places to correct your misinformation?

      Many of "us" who espouse the benefits of definition 1 you provided tend to use the term "anarcho-capitalist" rather than simply "anarchist", for all the reasons you suggest.

      non-initiation of force is one of the easiest things to rationalize into use of force. (generational feuds, etc.)

      Only if you posit a society without societal norms. Luckily, when people are left to their own devices instead of "ruled", they form communities under agreed upon rules and standards of conduct. All the laws in the world do not prevent, as you say, "generational feuds". What has happened is the societal norm that such bloodshed is wrong has been written into law.

      This also brings up the not-insignificant question of where influence ends and force begins.

      "We" set those standards every day. I recall a news report about a woman who constantly sued the people around her. She would sue the family several houses away for playing basketball in their driveway, for instance, because she was able to word the suit in such a way as to make it seem that they were creating a nuisance, like that.

      By the strict letter of the law, she was right. She knew how to twist the words to suit her own ends. The community, the reporter, the people watching the report, however, all (I assume) condemned her actions as the most absurd abuse of what had been written into statute law to prosecute real troublemakers.

      Societal norms asserted themselves. No one ruler decided she was wrong, the answer was not political. Anarchy(1) at its best.

      Please don't get me wrong, I agree with you that standards for conduct are important. I consider them of the utmost importance for peaceful human interaction. This is one of the biggest reasons I have for opposing government, opposing "political rule": Government gets to change the rules at their pleasure. Government creates chaos in a way that a mere individual cannot, because government can enforce those changes.

      I do recommend you look at a few of the articles on Mises.org, they also have a blog where you can ask for clarification.

      I look forward to further discussion.

      Bob-

      --
      The Ludwig von Mises Institute. The reasoning individuals economics
    117. Re:Nonsense by Anonymous Coward · · Score: 0

      I totally agree with you Bob, the only reason why the IRS even exists today is because of the Republicrats want to take our money at gun point to supposedly "help the poor", when in fact it's really helping the worthless.
      ______________________________________ ____________
      A vote against a Libertarian candidate is a vote
      to abolish the constitution itself

  2. Scary by CyberZCat · · Score: 1

    That's a scary thought... hopefully no other countries will do this, I don't want to get in trouble for not keeping all of my numerous sites up to date.

    1. Re:Scary by Shachaf · · Score: 4, Insightful

      As long as you don't sell things and claim they cost less than they actually do, there shouldn't be a problem.

    2. Re:Scary by spac3manspiff · · Score: 2, Insightful

      Yeah, and Frys would get fined alot

    3. Re:Scary by Alpha_Traveller · · Score: 3, Interesting

      I hope this does happen in the USA, but only to companies.

      A) Too many companies leave false, misleading information.
      B) Too many companies still believe a Web site is something you can build and leave alone, or revisit only once a year.
      C) It'll keep large companies from hiring part-time Webmasters, and encourage more full time hires to conduct regular Web site updates.

      Hmmm... okay, 2 out of 3 wouldn't be bad...

      --
      "Love is like pi - natural, irrational, and very important." (Lisa Hoffman)
    4. Re:Scary by dcclark · · Score: 2, Insightful

      I don't want to get in trouble for not keeping all of my numerous sites up to date.

      Are those personal sites? No worries. You can let them rot and maybe your friends and family will bug you. But if they are business-related sites for an active business such as the restaurant in this article, then you DO have a responsibility to either keep the site up to date, or make it obvious that the site is inaccurate and people coming to your shop should be prepared for different prices and availability. If you are a business owner, you have a responsibility not to advertise falsely, in whatever manner you choose to advertise.

      It's not unlike putting out a pile of ads for people to pick up which list your prices as of half a year ago. If your prices are significantly different, you don't carry half those items any more, etc. then you are indeed falsely advertising. The difference is that an old flyer usually appears physically old, but a website can hide its age.

    5. Re:Scary by luvirini · · Score: 3, Insightful

      Well, US is not known for the high level of consumer rights. But I do foresee similar cases in some country in the EU where they have reasonably effective consumer protection laws and authorities.

    6. Re:Scary by Anonymous Coward · · Score: 0

      Anyone that assumes prices on an online menu are always correct, are stupid or naive.

      And what's all this bruhaha about false advertising? Does nobody call to verify product and prices anymore or does everything have to be perfect and taken at face value?

    7. Re:Scary by aussie_a · · Score: 1

      I don't want to get in trouble for not keeping all of my numerous sites up to date.

      Well I'm afraid keeping your numerous websites up to date is the cost of running a business. If you can't afford to do that in your business, perhaps you should re-think your business strategy.

      Of course, all of us with 1001 personal websites don't have to keep our stuff up to date. You only have to keep stuff up to date if:
      1> You are selling stuff from your website
      2> Someone calls to your attention that said site is out of date.

      I can understand changing prices/menu and forgetting to update your site. I think $3,000 is a bit much in that case (then again, it IS NZ dollars, what's that? $10 US? (kidding)). But you should be responsible for letting your site go out of date and then not fixing it ONCE IT'S BEEN BROUGHT TO YOUR ATTENTION.

    8. Re:Scary by aussie_a · · Score: 1

      And what's all this bruhaha about false advertising? Does nobody call to verify product and prices anymore or does everything have to be perfect and taken at face value?

      No I don't. I expect a better level of service at Pizza Hut (well known franchise). They have a certain reputation. Oh, and by the way, pizza hut's online prices are always correct. If your country doesn't protect the consumer's, then I feel sorry for you. Me, I like to be protected from lying businesses. After all, what's to stop them from claiming to be a tofu-only restaurant in their menu at the store, then when the food comes out it's got meat hidden inside. As a vegetarian I'd be disgusted at this.

      If I see a price on the television, I wouldn't expect to have to call them up to see if that's the real price. I don't see why the internet should be any different. Having an up-to-date website should be the cost of having a website (don't even need to actively keep it up-to-date. Just be re-actionary where you fix it when it's brought to your attention. While it's negligent, at least it isn't dishonest).

      Many businesses in Australia will say "if you can prove that we said price X we'll give you that price" (sometimes flyers will be given out when the sale is already over). That's the level of service such laws provide for us.

    9. Re:Scary by Anonymous Coward · · Score: 0

      Consumers like you are what cause the introduction of unnecessary regulations which in turn lead to higher prices because companies are forced to raise prices to cover costs incurred.

      I've ordered food from restaurants before that didn't turn out what I had ordered, did I sue the company over it? I've had flies show up in my au-jus for my french dip sandwiches, did I sue the company over it? I no longer eat that these places and those who know me also know of these experiences and do not eat there anymore either.

    10. Re:Scary by drsquare · · Score: 4, Insightful

      It doesn't matter how 'stupid' or 'naive' the customers are. False advertising is false advertising. It amuses me how some people here think that otherwise illegal activities are suddenly fine if they're done using a computer.

      If as a business owner you don't like it, then the real solution, rather than to bitch and moan about those evil trade laws, is to advertise real information rather than false information. I mean, I can't think that any business anywhere has any excuse for knowingly advertising false information.

    11. Re:Scary by SoupIsGoodFood_42 · · Score: 1
      Of course, all of us with 1001 personal websites don't have to keep our stuff up to date. You only have to keep stuff up to date if:
      1> You are selling stuff from your website
      2> Someone calls to your attention that said site is out of date.

      Even then. I think you'd only risk a fine depending on the type of business. In terms of the resturant, the commitment is pretty much made once you look at the menu on the site and decide to go there. Once you've taken the time to drive there and get seated, then most people would consider it a hassle to find another place to dine at once they discover the prices are incorrect, because it's only a meal. Therefore they just stay, but feel tricked.

      If you were selling cars OTOH, you might not get fined, because if someone takes the time to drive down there and have a look at the cars, they're not really expected to commit to buying a car in the first place.

      BTW. NZ$3000 is probably around US$1700. A slap on the wrist, really.

    12. Re:Scary by SoupIsGoodFood_42 · · Score: 1
      Does nobody call to verify product and prices anymore or does everything have to be perfect and taken at face value?

      If I was spending a lot of money, yes. But what kind of idiot rings up everytime to confirm prices when simply going to a resturant?

      Do you see the point? They're not buying a house here, they're going to a resturant.

    13. Re:Scary by Anonymous Coward · · Score: 1, Interesting

      I see no difference between false advertising (i.e. fraud) and theft. Libertarians hate theft, so why are they willing to let some forms of fraud slide? Fraud undermines the competition of the market yet any efforts by the government to reduce fraud are seen as unneccessary intrusion into the market.

      How is it desireable to allow companies to succeed through lying?

    14. Re:Scary by Anonymous Coward · · Score: 0

      They must be patent lawyers... They are the only ones who think that "false advertising over the internet" is somehow different from "false advertising".

    15. Re:Scary by Anonymous Coward · · Score: 0

      That's easy to avoid... Don't put any prices on your websites, and don't offer anything for sale.

      Listing a wrong phone number wouldn't have gotten them fined, unless the owner of that phonenumber sued for harrassment or something, but listing something as $5, and then going "oh, that was last year, now it's $10" once people have eaten the meal is false advertising no matter if it's online or in a newspaper.

    16. Re:Scary by matria · · Score: 1

      Nike would disagree with you, all the way to the Supreme Court...http://www.kuro5hin.org/story/2003/7/9/115 822/8110

    17. Re:Scary by Anonymous Coward · · Score: 0

      Has it occured to you the real difficulty in rigorously defining your terms? What is "real" information? What is "false"?

      And if you know the answer and can write it down in a few sentences, maybe you just want to cc: Bill Gates at Microsoft and Scott McNealy at Sun, 'cause they could have saved their companies several million in legal fees with your insight.

      Come to think of it, the judge in the IBM/SCO case could use your help, too.

    18. Re:Scary by drsquare · · Score: 1

      Has it occured to you the real difficulty in rigorously defining your terms? What is "real" information? What is "false"?

      I think in this case, 'real' would be, the actual prices in the restaurant. 'False' would be inaccurate prices. I think that's pretty rigorous. Maybe you want something even more rigorous than that, but that's the best I can do.

    19. Re:Scary by Skye16 · · Score: 1

      A real intelligent business, who maybe didn't have the manpower or expertise to update their site regularly, would NOT put up a menu, especially not with prices on it. Perhaps just take a few pictures of their food (especially the stuff that has been sold for years and probably isn't going to stop (like a cheeseburger)), the establishment, a cute waitress smiling as she pours a cup of coffee, etc, etc. Try to distance yourself from prices, at the absolute least. And if you're going to post a list of food that you sale, make sure you a: don't list a price and b: state that the menu can change at any time.

      Putting prices on a menu - any menu; whether on a billboard outside the store, or a website, or even on the physical menus the hostess hands you when you come in is a statement of fact. These are all things that are easily updateable and you are bound to keep them that way. If you can't update your website, or your billboard, or god forbid, your physical menus, then you shouldn't have them. Any of them. Failure to update them is akin to telling me the shirt in my hand is 39.99, but when you ring it up 5 minutes later, it's 59.99. It's a form of fraud and flat out wrong.

    20. Re:Scary by QMO · · Score: 1

      It really annoys me when people confuse the constitutional right of free speech (the freedom to voice any idea or belief) with the right to say anything (no matter how false or injurious).

      I also don't believe for a second that all the people that run Nike really believes that companies don't have to honestly represent facts. If one of their suppliers or vendors misrepresented facts they would quickly get upset.

      What I believe is that some people that represent Nike (lawyers, a few executives) believe that this may be an effective way to get out of the mess they made by lying. (Liars often lie to try to save themselves when caught.)

      --
      Exam 4/C again. Maybe I'll do better this time.
    21. Re:Scary by Anonymous Coward · · Score: 0

      You buy shirts? I thought that /.ers got all their shirts as freebiees from tradeshows.

    22. Re:Scary by Zphbeeblbrox · · Score: 1

      he was speaking in the hypothetical.

      --
      If you see spelling or grammatical errors don't blame me. I tried to preview but IE here at work borked the CSS
  3. Good thing that Slashdot... by aapold · · Score: 2, Funny

    isn't based in New Zealand. Hell they'd have locked up half the crew by now....

    --
    "Waste not one watt!" - CZ
    1. Re:Good thing that Slashdot... by GNUALMAFUERTE · · Score: 1, Troll

      Actually, Slashdot is keeped up to date constantly. And just to make sure, each story is posted twice.

      --
      WTF am I doing replying to an AC at 5 A.M on a Friday night?
    2. Re:Good thing that Slashdot... by Anonymous Coward · · Score: 0

      KEEPED UP TO DATE? why don't you seat down and suck onto my penis, mother bitch!

  4. this happened to my dad's engineering company by CAIMLAS · · Score: 4, Informative

    This happened to my dad's small engineering company. He had the phrase "engineers" on the site, when in fact there was a single engineer (PE) and an EIT (engineer in training) who was weeks away from becoming a full-fledged engineer.

    I think the state board of licensure fined him something around $50,000? Absolutely rediculous. Granted, the head of the board was the engineer for a competing company I believe, so there might've been other motivations... stupid small states.

    --
    ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    1. Re:this happened to my dad's engineering company by Anonymous Coward · · Score: 0

      stupid small states.

      Which state?

    2. Re:this happened to my dad's engineering company by Anonymous Coward · · Score: 0

      He should have phrased it "All of our *s" or "None of our *s" I hope he took it to court.

    3. Re:this happened to my dad's engineering company by nacturation · · Score: 1

      Your dad should have sued the head of the board, as he appears to have acted unethically. If he's in a position where he's dealing with a situation involving a competitor, the proper behavior should have been to recuse himself from the issue entirely and let the others decide on the proper course of action. Does your state's engineering assocation have a board of ethics?

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    4. Re:this happened to my dad's engineering company by Anonymous Coward · · Score: 0
      He had the phrase "engineers" on the site, when in fact there was a single engineer (PE) and an EIT (engineer in training) who was weeks away from becoming a full-fledged engineer.
      Sounds to me like a case of false advertising. In industry, the term "engineer" has a fairly specific meaning. An engineer in training is not an engineer, and if the company misrepresented itself as employing "engineers" when there was only one on staff, this is misleading.

      I know it might sound like semantics to you, but engineers are oft tasked with life-and-death decisions during the course of their work. Imagine a firm with one true engineer and 20 engineers in training who claimed to have 21 engineers on staff. Your dad, operating his firm, would probably be offended and take issue with this other company's claims. Rightfully so.

      This is true in any industry. You don't say that your company develops applications for "Fortune 500 Corporations" if you only have one Fortune 500 company as your client. Likewise, you don't claim to have "engineers" if you only have one engineer. A lawyer, or someone with some sense of avoiding liability, should have been involved to vet the copy on the website.
    5. Re:this happened to my dad's engineering company by __aaclcg7560 · · Score: 2, Interesting

      I think the state board of licensure fined him something around $50,000? Absolutely rediculous.

      Actually, it's not that uncommon. Most states' engineering license board will go to extreme lengths to protect the "engineer" name (and collect the fines) if the individual or company is not a licensed engineer (typically, a civil engineer).

      The state of Texas wanted individuals who are software engineers to be licensed professional engineers or stop using the word "engineer" entirely. A brief summary is here. It's both a snobbery thing (e.g., my engineering degree is better than yours) and a revenue enchancement thing (e.g., state got to get the money somehow). Either way, you're screwed if you're in the middle.

    6. Re:this happened to my dad's engineering company by Anonymous Coward · · Score: 0

      A lawyer, or someone with some sense of avoiding liability, should have been involved to vet the copy on the website.

      At the very LEAST, a lawyer should have drafted the site's privacy policy or Terms of Use or whatever document on the site was the supposed contract between the visitor/client and the operator/vendor as far as the website content goes. And if there wasn't such a document then it gets even worse!!

      I won't go into details (AC for a Reason!) but my former employer had someone try to take action against us because one of our websites operated a message board but the message board didn't have any disclaimers about who owns the comments. Slashdot for example has a clear disclaimer, the board in question didn't, it seemed like it was just too obvious.

      Well somebody makes a post and sees it show up on another webpage verbatim. As I understand it instead of trying to reason with the webpage owner to have their post removed they went straight to legal action. They got a subpoena for us to tell them who viewed their post (by that point the logs had rotated over and over, the data we supplied was probably useless). They got another subpoena for whoever was running the website. Then they tried to sue us and the re-poster.

      I'm not a lawyer, I don't know what official legal reason they tried to sue us for. I also don't know what he tried to sue the other guy for or how it turned out. What I do know is the Co. lawyers got the idiot off our back by sending his lawyer a hardcopy of our Terms of Use document that he had drafted. I don't want to post anything verbatim because this is a former employer and I don't want to draw attention, but the Terms of Use had a clause that said, basically, "anything you submit to our website is not privileged and we can use it for promotional or other purposes." In order to signup for the web boards, you had to agree to the Terms of Use.

      This never went to court but (as far as I know) it died when the Co. lawyers sent that Terms of Use to the person who was complaining. It's all about disclaimers man. You need to have a disclaimer on your site somewhere, and as much as we all hate lawyers, it pays to have one covering your ass. Terms of Use may not stand up in court but if you have it on your site, it may not have to go to court if someone harasses you, you just have your lawyers Sic Em and they go away. At least in my experience!!

    7. Re:this happened to my dad's engineering company by aussie_a · · Score: 1

      I think the state board of licensure fined him something around $50,000? Absolutely rediculous. Granted, the head of the board was the engineer for a competing company I believe, so there might've been other motivations... stupid small states.

      That situation sucks. Although it doesn't demonstrate why laws that protect consumers from false advertising are bad. It demonstrates how your Dad's competitor was acting in an unethical (and most likely illegal) manner.

    8. Re:this happened to my dad's engineering company by aussie_a · · Score: 2, Interesting

      Yes but perhaps there were two engineers at one stage. Or perhaps it was a simple typo. There needs to be room for people to make honest mistakes and give them a chance to correct the mistake, and then there has to be the chance to punish those that act unethically.

      If the company had the mistake brought to their attention and they refused to fix it, the fine would be justified. But to just whip out a massive fine for an honest mistake, that's ridiculous (in my opinion).

      We aren't machines. We make mistakes. I think there should be room for us to make honest mistakes. A simple "How many engineers do you have?" "1" "But your site says engineers as in plural" "oh thankyou for pointing out that mistake, we'll fix it immediately" *it's fixed that week*. And it's nothing like the situation described in the article.

    9. Re:this happened to my dad's engineering company by Pxtl · · Score: 4, Insightful

      Well then, why don't we start calling police officers "lawyers", and military aircraft pilots "commandoes".

      The word Engineer means something. It denotes a level of legal and professional obligation to one's work that does not necessarily exist in other careers. When an individual software developer becomes personally legally responsible for the performance of his company's product, then he can call himself an engineer.

      That kind of legal liability don't sound fun? Well then, don't be champing at the bit to get to call yourself "engineer". Its not a snobbery thing, its a safety thing: a person knows that, if they hire an engineer to do something, then they're legally required to stand behind their work. As such, certain jobs require an Engineer, not an "engineer" - this is much like how a person can have a doctorate in biology and extensive medical knowledge, but can't practice legally as a medical doctor. Its for safety reasons - he might be every bit the doctor as the real, certified person, but he has not sworn to the hippocratic oath, he does not have malpractice insurance set up, and various other considerations of accountability may not exist. Also, the state did not keep as close an eye on his medical training. Engineering programs are inspected.

      The whole Engineer licensing thing didn't start because of a bunch of engineers wanting to stroke their egos. It started because of a series of catastrophes where nobody was accountable.

      So, if you are not designing safety-critical systems, there's no reason to want to call yourself an engineer, unless you just like the fancy word. It is not just a fancy word - abusing it is just like people who use the word "literally" for emphasis.

    10. Re:this happened to my dad's engineering company by Anonymous Coward · · Score: 0

      your worthless reply to him is 'absolutely ridiculous'. go find a girlfriend

    11. Re:this happened to my dad's engineering company by Anonymous Coward · · Score: 0

      which is why an MCSE is NOt an ENGINEER and I refuse to call them that. it Pissess of the handful we have here but it's the 100% truth. an MCSE is nothing more that a certification that you passed a BASIC battery of tests. It does not demonstrate competence, advanced knowlege or anything in any way near Engineer levels. I'm the one with the EE degree, and I refuse to call myself an Engineer. (BTW, I strongly believe that an EE degree should be required for advanced IT personell. all my people that are good at troubleshooting have at least an associates in EE.)

      Microsoft Certified Systems Explainer is what they really are. not an Engineer nor Expert. There are much higher levels of certification and licensing that attain that title and respect.

      No, I have NEVER met a competent MCSE. Yes, I do know that they do exist out there, but that they are a rare breed.

    12. Re:this happened to my dad's engineering company by Anonymous Coward · · Score: 0

      >> The whole Engineer licensing thing didn't start because of a bunch of engineers wanting to stroke their egos. It started because of a series of catastrophes where nobody was accountable.

      What catastrophes? I haven't heard anything about them.

    13. Re:this happened to my dad's engineering company by Etobian · · Score: 1

      The state board fined him for simply saying his company had "engineers"? If he had said "Professional Engineers" or "P.E.s" that would have been a different matter. Someone could be an "engineer" without being a "Professional Engineers" - they just couldn't stamp a drawing and would have to have a P.E. do that (after checking the work, of course).

    14. Re:this happened to my dad's engineering company by cheekyboy · · Score: 1

      ummm the Shuttles ;-)

      --
      Liberty freedom are no1, not dicks in suits.
    15. Re:this happened to my dad's engineering company by Anonymous Coward · · Score: 0

      but he has not sworn to the hippocratic oath

      Very few medical doctors swear the Hippocratic Oath these days, especially not in its original version - partly because the original Hippocratic Oath forbade abortion.

    16. Re:this happened to my dad's engineering company by gr8_phk · · Score: 1

      Are you saying you need to be a PE to label yourself an engineer? Is your dads company doing civil engineering? I think you're right in that case. There was talk about requiring it for software and electrical engineers, but I thought that all died down. So my question is: who does this apply to?

    17. Re:this happened to my dad's engineering company by Pxtl · · Score: 1

      In Canada, the big one was the Quebec bridge, which collapsed twice (taking many workers with it) during construction. Dunno what it is in various states. Either way, at the turn of the century, construction projects were becoming more and more ambitious and civilian lives were becoming more valuable, so engineering disasters became more important.

    18. Re:this happened to my dad's engineering company by pipingguy · · Score: 1


      I think a lot of boiler explosions might have something to do with it as well.

    19. Re:this happened to my dad's engineering company by jschottm · · Score: 1

      I don't disagree with you on the concept of the importance of professional licensing in fields, but even with a fairly strict definition, the term engineer is already far too diluted. As an example, my university (fairly well known as a good engineering school) offers engineering degrees in 12 different fields. Other than a few basic courses and some math overlap, a Mining and Materials Engineer, a Civil Engineer, and a Computer [Hardware] Engineer can all lay claim to the generic title but will have vastly different skills.

    20. Re:this happened to my dad's engineering company by CAIMLAS · · Score: 1

      Maybe all software that is written for things such as medical machines, airplanes, cars, nuclear plants, and various other things which have the potential to kill or harm people should be required to be licensed, then, for safety reasons.

      Software isn't much different from physically designed things that engineers put their stamp on: its the infrastructure to our data in much the same way that bridges and roads are the infrastructure for commerce. (It would seem that CISCO has already essentially done this for the people that set up the hardware and software, but it's just one - important - step of many.)

      Either that, or companies should be able to be held liable for products which don't work, break, or somehow otherwise damage the finances or well-being of companies and individuals. The line has to be drawn somewhere so that people don't get fucked.

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    21. Re:this happened to my dad's engineering company by CAIMLAS · · Score: 1

      That's just what it was - a mistake. It was probably my mistake, as I was the one that wrote the site - and at a time when there were, indeed, 2 engineers, IIRC, though that was very short lived (the guy was a dolt and horribly reliable).

      I don't remember what came of the whole ordeal. My dad was about ready to retire, so he just did that anyway. He'd had enough of bitchy clients that wouldn't pay, etc. (We're in an area of depressed economy, and farmers don't make the best clients, keep in mind...)

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
  5. Good thing /. isn't in New Zealand... by Cutriss · · Score: 0, Redundant

    They'd go out of business with all the old news and dupes.

    --
    "Mod, mod, mod...and another troll bites the dust."
    1. Re:Good thing /. isn't in New Zealand... by Anonymous Coward · · Score: 0

      How is it redundant when the only similar post has the exact same timestamp?

  6. There's nothing wrong by MC68000 · · Score: 5, Insightful

    The internet is a mature medium. The restaurant was warned about it, and they failed to do anything. It's an open and shut case of false advertising. Would you tolerate your brokerage firm listing out of date brokerage fees? Or your bank listing out of date interest rates?

    --
    E = m c^3 Don't drink and derive E = m c^3
    1. Re:There's nothing wrong by LewsTherinKinslayer · · Score: 1

      Would you tolerate your brokerage firm listing out of date brokerage fees? Or your bank listing out of date interest rates?

      No, I wouldn't. And neither should anyone else. I think that's why this article seems so "ridiculous" to some. The fact is, people are all to willing to let businesses (both large and small,) get away with bullshit they shouldn't.

      Stand up for yourself, your rights, and don't let businesses command your life, (or your politics.)

    2. Re:There's nothing wrong by ArsenneLupin · · Score: 1
      Or your bank listing out of date interest rates?

      Ironically enough, the bank would be able to get away with it. Last year, a large Luxembourgish bank was advertising platform-independant web banking in magazine and billboard ads, while at the same time their software was refusing any customer who dared to connect with something else than Internet Explorer. Since then (8 months later...) they're allowing at least Firefox, but other browsers such as Safari, Konqueror and certain versions of Opera are still excluded.

      But do you think anything bad happened to them? No, of course not! Nobody is gonna waste time and money on a lawsuit about such a "trivial" matter, and thus large companies can do whatever they damn please. Maybe things would be different if we had US-style class-action suits here.

    3. Re:There's nothing wrong by Threni · · Score: 1

      How is that an example of a bank getting away with listing out of date interest rates? What you typed sounds more like an example of a bank not allowing certain browsers - this is fairly common.

    4. Re:There's nothing wrong by ArsenneLupin · · Score: 1
      How is that an example of a bank getting away with listing out of date interest rates?

      It's an example of a bank getting away with false advertisement in general. This particular example is actually worse than "just" having outdated interest rates, as the outdated interest rates could be due to carelessness, whereas in this example, the "works with any browser" campaign was started two months after they introduced the browser check.

      What you typed sounds more like an example of a bank not allowing certain browsers - this is fairly common.

      However, in most of the cases where a bank restricts browser choice, it does not at the same time advertise that they support all browsers.

      Expensive meals in restaurants are also rather common, the uncommon part is the mismatch between the real offer and the advertisement ;-)

  7. It's false advertising by sahonen · · Score: 3, Insightful

    Exactly why is a web site a special case from other forms of promotion and advertising?

    --
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    1. Re:It's false advertising by aiken_d · · Score: 0

      Because other forms of advertising tend to be iterative; that is, you put together a print ad and tell the local paper to run it for the next four sundays. Or you buy TV time and run a particlar ad a few times.

      While the restaurant was clearly stupid for not doing anything even after being warned, I'm not at all convinced that commercial enterprises are (or should be) under an obligation to find and destroy all out of date promotional material. Which is essentially what this judgement amounts to.

      Once you start a website, should you be legally obligated to keep it up to date? What if it's a personal website that gives obsolte directions on how to get somewhere? This seems like a really hasty and simplistic decision by people who haven't thought the situation through.

      Cheers
      -b

      --
      If I wanted a sig I would have filled in that stupid box.
    2. Re:It's false advertising by demi · · Score: 1

      I don't think it is. But consider:

      I don't know how it is in New Zealand, but in general in the States businesses are not held to errors in their advertising. Someone sends off an ad and they typoed $10 to read 10--the business is not obligated to stand by the erroneous price.

      Counterargument: since the restaurant was warned, it stopped being an error and became intentional.

      And, is there really an obligation to "keep a website up to date?" If I publish a menu, can't I change the prices the next day? Without giving everyone who took a copy an updated one?

      --
      demi
    3. Re:It's false advertising by nacturation · · Score: 5, Insightful

      Once you start a website, should you be legally obligated to keep it up to date? What if it's a personal website that gives obsolte directions on how to get somewhere? This seems like a really hasty and simplistic decision by people who haven't thought the situation through.

      Imagine if your bank advertised no charges on all bank accounts on their website, so you sign up for several accounts and all your friends an family do too. At the end of the month, you get your statements and find that you've been charged a lot in bank charges. So you notify the bank about it and also let the local banking assocation know. The banking assocation also notifies the bank about it but still the bank does nothing to correct the obvious error, such as having the page removed or shutting down the site.

      Do you think it's wrong to fine the bank in that situation?

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    4. Re:It's false advertising by novakreo · · Score: 3, Informative

      While the restaurant was clearly stupid for not doing anything even after being warned, I'm not at all convinced that commercial enterprises are (or should be) under an obligation to find and destroy all out of date promotional material. Which is essentially what this judgement amounts to.

      Nice straw man. Nobody is saying the restaurant, or anybody else, should have to destroy old promo material.

      Anyone who now visits the website (assuming it hasn't been updated), will see old prices, which is equivalent to new promotional material deliberately containing old prices. I say deliberate, because TFA states the restaurant was informed of its oversight. This is false advertising, and this is what they have been fined for.

      What if it's a personal website that gives obsolte directions on how to get somewhere?

      I'm not a New Zealander, but I doubt that their Fair Trading Act would apply to individuals who aren't running a business. It seems that all you're doing is scaremongering about what is a perfectly reasonable judicial decision.

      --
      O frabjous day! Callooh! Callay!
    5. Re:It's false advertising by ratsnapple+tea · · Score: 2, Informative

      But a website is "iterative" too; you have to keep paying (monthly or yearly, in most cases) to keep it up. So in that sense it does require effort to maintain.

      And I'm not even sure your test (maintenance effort) is a good one. Consider this. Around the corner from where I live is a deli that's been around since the 50s. On the brick wall facing the street, there's stenciled lettering promising heros for $2. When they raise the price, why shouldn't they have to change the mural too? "Because it isn't iterative" isn't a good reason, IMO.

    6. Re:It's false advertising by Anonymous Coward · · Score: 0

      there's stenciled lettering promising heros for $2

      Did you at one time think was the right price?

      Why do you now know this isn't the right price?

    7. Re:It's false advertising by tria · · Score: 1

      I've never heard of a company being forced to stand by the erroneous price in New Zealand. The is targeted at a business trying to mislead the public, not for a mistake. It is not uncommon for a large store to have a sign at the door pointing errors in there advertised prices, specs etc if they made a mistake.

    8. Re:It's false advertising by Anonymous Coward · · Score: 0

      in general in the States businesses are not held to errors in their advertising

      Are there any real world examples to support this claim?

    9. Re:It's false advertising by ratsnapple+tea · · Score: 1

      No, they still sell heros for $2 (a real bargain in a town that can sell an $800 burger!). If they raise the price, they should change the advertisement outside. It's that simple.

    10. Re:It's false advertising by tria · · Score: 3, Informative

      Not a lawer, but the bit of law he was fined under only applies if promoting goods or services: Fair Trading Act 1986 Part 1 S13 SS(g): No person shall, in trade, in connection with the supply or possible supply of goods or services or with the promotion by any means of the supply or use of goods or services,-- g) Make a false or misleading representation with respect to the price of any goods or services; or

    11. Re:It's false advertising by 1u3hr · · Score: 1
      Because other forms of advertising tend to be iterative; that is, you put together a print ad and tell the local paper to run it for the next four sundays. Or you buy TV time and run a particlar ad a few times. While the restaurant was clearly stupid for not doing anything even after being warned, I'm not at all convinced that commercial enterprises are (or should be) under an obligation to find and destroy all out of date promotional material. Which is essentially what this judgement amounts to.

      I see the analogy more like having a menu stuck on the window, rather than press advertising. In both cases you have an ad in a place under the direct control of the business, easily corrected (or removed if they don't have the expertise). As for "an obligation to find and destroy all out of date promotional material", I don't see that at all. If you find an old leaflet or press ad no one is insisting it remain valid indefinitely.

    12. Re:It's false advertising by Anonymous Coward · · Score: 0

      I'm sorry, I misread your post. My questions were meant to address the issue differently. You are correct -- it is that simple. Advertising should be reflective of what is being offered. When the offer changes, the advertising should change.

    13. Re:It's false advertising by zurtle · · Score: 2, Interesting
      Actually, if a NZ company does have an incorrect price, they have to stand by it, within reason. Law isn't draconian in NZ, as some of the young libertarians seem to be projecting... But if you state a price for something, you have to follow through with it, unless it's clearly wrong - for example a car labelled "$50" instead of "$50k".

      Maybe the company was less "caring" about what it posted on the net... maybe it considered the internet to be a "lesser" form of advertising? Some bozo in a previous post called it government interfering with business...

      This country's shifting a large part of the business advertising paradigm to the internet - flights are booked online, we shop online more and more; maybe most pertinently our phonebooks are online: consequently websites are popping up in response. Thus I'm glad the laws here are responding, and can respond to the issues at hand.

      The consumer is well-protected by law in NZ, I suspect it's because consumers here are stupider than elsewhere!!!

      --
      Couldn't stand the weather
    14. Re:It's false advertising by Anonymous Coward · · Score: 0

      While the restaurant was clearly stupid for not doing anything even after being warned, I'm not at all convinced that commercial enterprises are (or should be) under an obligation to find and destroy all out of date promotional material.

      Of course not. But, if you look at those flyers that come with the newspaper (at least here in the US) with low prices, you will note that said flyers usually say something like "Prices good between February 19 and February 26". Coupons have expiration dates on them.

      I have sure if the web site in question said "Prices good between July 1 and July 14, 2001", the restaurant in questoin would have been off the hook.

      In summary, if the information is dated, the information has to be marked as dated.

    15. Re:It's false advertising by ArsenneLupin · · Score: 1
      Imagine if your bank advertised no charges on all bank accounts on their website, so you sign up for several accounts and all your friends an family do too. At the end of the month, you get your statements and find that you've been charged a lot in bank charges. So you notify the bank about it and also let the local banking assocation know. The banking assocation also notifies the bank about it but still the bank does nothing to correct the obvious error, such as having the page removed or shutting down the site.

      I have news for you: a bank can do this, and it doesn't even need to be a web site. It can be magazine ads too! Case in point, last April a large Luxembourgish Bank was running a campaign for their platform-independent web banking. Such a campaign seemed believable since:

      • Most banks of the country were IE-only (at that point in time). I understand however that the country as a whole was lagging behind (abroad, most banks have been browser independent since much longer than that)
      • Some early birds, such as CCP did indeed move to a browser independant software.
      ==> so the advertisement seemed believable.

      So, now imagine Joe Average Linux User believing the ad, cancelling his account at Foobar Bank, and moving to BGL. He connects to BGL Web banking, and, oh surprise!, he his harshly told off that the system only works with Internet Explorer! (N.B. Since then, things have somewhat improved. Since December, they also allow Firefox. But that was not yet the case for the period when the ad ran, and even today, many other popular browsers such as Safari, Mozilla and Konqueror are still excluded.)

      Do you think it's wrong to fine the bank in that situation?

      Now do you think something bad happened to them? Nope, not at all! The reason is simple: while annoying, the matter is still trivial enough that most customer don't bother to sue!

    16. Re:It's false advertising by rimu+guy · · Score: 1

      An advertisement is an invitation to treat. Not an offer. You do not need to stand by it.

      Under the Fair Trading Act you need to ensure your advertisement is truthful. And correct it if it is not.

      I think you'll find that the consumer in NZ is well protected from unscrupulus advertisers. We aren't any stupider than anywhere else.

      Actually, while people are quite critical about our politicians the laws they have made follow common sense.

      The fair trading act is a good example. It pre-dates the www as we know it. But it legislates the fundamentals. And those apply equally online and real world.

      Consumers by and large know what to expect - and get it (Fair Go guests notwithstanding).

      And NZ businesses, one of which I am happy to run, work within a pretty straight forward framework. There isn't that much paper work to deal with (GST returns a few times a year and tax returns). Employment law is pretty much common sense (and easy to comply with when you have great staff and a good working relationship with them). There are no special licenses I need to operate my business. I can buy and sell products and services internationally without restrictions.

      I've worked other places *cough*US*cough* and I would be nowhere near as comfortable working within their legal frameworks. Not without an army of accountants and lawyers behind me.

      --
      An NZ-based Linux webhost

    17. Re:It's false advertising by Anonymous Coward · · Score: 0

      Yes, once you open a commercial web space for the purposes of advertising your products and prices, you are legally obligated to keep that web space up to date to the best of your ability. It's no different than taking an ad out in the newspaper, or running an ad on TV.

    18. Re:It's false advertising by cheekyboy · · Score: 1

      the bank should give everyone no fees for 12months as a 'fine'.

      The resteraunt should give 1/2 price food for one week as a fine ;)

      Im sick of $$$$$ Fines that go back to the govt bucket.

      --
      Liberty freedom are no1, not dicks in suits.
    19. Re:It's false advertising by Amorya · · Score: 1

      In the UK, if a product in store is labelled as costing a certain price, then they must accept that price for the product - even if it was a typo. It can get you some quite good bargains at times. I don't know if it counts in things like magazine ads... however, I do know that a friend once got hold of an ad offering 50% off a USB flash drive, and took it into the store... the ad was for a January sale which wasn't due to start until the next day; the advert was just out a few days early. She got the drive for free because that was false advertising... and that was just a communication error between the magazine and the sho!

    20. Re:It's false advertising by mr.newt · · Score: 1

      I'm not sure I agree that they should have to change the mural. I think there should be exceptions for things that have become cultural icons or have come to be considered works of art, like the numerous murals in Atlanta advertising Coke for a nickel. I mean, I highly doubt anyone thinks those are current price advertisements, but at one time, they were. The key is using common sense. If your sub shop upped the price to $3, they should clearly advertise the new price, but that doesn't mean they should have to get rid of a mural that's been on the wall for 50 years.

    21. Re:It's false advertising by nacturation · · Score: 1

      Now do you think something bad happened to them? Nope, not at all! The reason is simple: while annoying, the matter is still trivial enough that most customer don't bother to sue!

      In your example, someone needn't have sued. Is there not some kind of government fair trade organization which oversees what companies do? That organization could have levied fines and ordered restitution for those affected. I doubt that companies in Luxembourg have no accountability at all.

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    22. Re:It's false advertising by Anonymous Coward · · Score: 0
      Is there not some kind of government fair trade organization which oversees what companies do?

      There is a fairtrade organization, but they mostly worry about coffee and bananas ;-)

      I doubt that companies in Luxembourg have no accountability at all.

      Did I just mention bananas?

    23. Re:It's false advertising by sean_r69 · · Score: 1

      I'm not a New Zealander, but I doubt that their Fair Trading Act would apply to individuals who aren't running a business.
      It seems that all you're doing is scaremongering about what is a perfectly reasonable judicial decision.


      An individual would more likely than not have to take any dispute with
      a private trader through the disputes tribunal.

      The Commerce Commision does not haul everyone they recieve a complaint about into court.
      They look at the complaints they have on the books and select novel complaints for prosecution
      or complaints where a message needs to be sent to a particular industry,
      which appears to be the case here.
      They'll generally prosecute any grievous breaches of the fair trading act too, obviously.

    24. Re:It's false advertising by sean_r69 · · Score: 1

      ually, if a NZ company does have an incorrect price, they have to stand by it, within reason.

      True, however NZ companies also have the right not to do business with whoom so ever they
      choose which means if they've accidentaly priced sommit too cheap and are going to
      loose money on the sale of that good or service they can simply refuse to sell it to you at any price. Problem solved.

  8. To some extent they have a point. by AdityaG · · Score: 1, Insightful

    To some extent, they have a point in that it is bad for companies to advertise things and not actually have all of what they do advertise. But that hardly calls for a 3000 dollar fine. Especially for something as non-critical as food. It's not like someone paid a 1000 bucks to live in some hotel that didn't have A/C but said it did. That would be a better case. Not people whining about some food item thats not available at the store that was published online. And seriously .. "the website price varied between 17 and 36 per cent cheaper than the in-house menu." -- ?? 15 - 30 cents? Pocket change anyone?

    1. Re:To some extent they have a point. by ediron2 · · Score: 1

      How cheap is dining in new zealand, if a 17% discount corresponds to 15c? Either your math is bolluxed or everything costs under a buck!

    2. Re:To some extent they have a point. by stox · · Score: 2, Insightful

      I have to disagree. How many people went to the restaurant with the expectation that they would be getting X for Y, and instead got X for 1.36 x Y? With the addition of a moderate punitive damage, $3260 doesn't sound unreasonable.

      --
      "To those who are overly cautious, everything is impossible. "
    3. Re:To some extent they have a point. by Anonymous Coward · · Score: 0

      For a business, $3,000 sounds pretty reasonable. If the price raises were insignificant, they would not have been made. So the argument about pocket change is moot.

    4. Re:To some extent they have a point. by Anonymous Coward · · Score: 0

      17%-36% not 15-30 cents....

      So going by that you're happy to pay 36% more for your food?

    5. Re:To some extent they have a point. by tria · · Score: 2, Informative

      Depending on the place it would be about $20-35 (NZ$) for a main meal.

    6. Re:To some extent they have a point. by Anonymous Coward · · Score: 0

      Those people deserve what they get if they don't look at the menu in the restaurant and notice the difference in prices, but instead just order assuming they know everything about the menu and it's prices. Idiots.

      If they don't like the prices when they get there, and they assumed that they would be getting what they saw on the website, tough. Take their money to the restaurant's competition.

    7. Re:To some extent they have a point. by radio.cgt · · Score: 1

      Read the quote people:
      ...between 17 and 36 per cent cheaper than the in-house menu.

      The parent was making an amusing statement by deliberately misinterpreting a typo, do you see?

    8. Re:To some extent they have a point. by daliman · · Score: 1

      Percent, not cents, monkey. Unless they're ordering stuff under a dollar, I think the difference will be more than that. Can't find the website in question, but if you assume a cheap meal at $15 - $30 per person, then they're pocketing more like $2.5 - $10 extra per person. It took six months from the complaint until now; they've possibly raked in quite a bit extra over that time.

    9. Re:To some extent they have a point. by ShinmaWa · · Score: 1

      (per cent)

      The parent was making an amusing statement by deliberately misinterpreting a typo, do you see?


      No, I don't see. Where is the typo? The words "per cent" is perfectly correct. ... and its wasn't that amusing, either.

      --
      The /. Effect: Thousands of users simultaneously accessing a site to not read its content.
    10. Re:To some extent they have a point. by lahvak · · Score: 1

      Suppose you want to meet with some 15-20 people for dinner. You look at the website, see low prices, so you sent everybody e-mail "let's meet at such and such, I'll be there at 7". You know that some people cannot show up till 7:30, but you figure you can start ordering and having few drinks...

      You come at 7, get in, take your coats off, look at the menu - ooops, the low prices you saw on the website are nowhere to be found. What are your options?

      You can stay and pay the higher prices.
      You can get up, put on your coats and go somewhere else, leaving a message for your friends and hoping they will get it.
      You can get up, put on your coats and freeze your ass out on the pavement in front of the place for half an hour until everybody shows up.

      None of those sound very good to me.

      --
      AccountKiller
    11. Re:To some extent they have a point. by AndrewRUK · · Score: 1

      It would look like a typo to Americans - in American English, it is one word, "percent", but in British & Commonwealth English, it is two, "per cent". See Wikipedia: American and British English differences.

    12. Re:To some extent they have a point. by Anonymous Coward · · Score: 0

      You say "they have a point in that it is bad for companies to advertise things and not actually have all of what they do advertise". It's not *bad*, it's *illegal* in NZ to advertise things at a price you are not willing to sell them at.

      You may not agree with the law, but you have to abide by it.

  9. What next? by ediron2 · · Score: 3, Funny

    In other news, the Staten Island Ferry was fined $30,000 after a customer got in line clutching a rate card from 1958.

    Turning to Europe, a German recycling firm was shuttered over the weekend when it was discovered that, in a locked, donated trunk of old books and papers, they had been in posession of WWII-era Nazi propaganda.

    And PETA's founder was forced to resign today after it was learned his father once ate a steak. Rare.

    1. Re:What next? by Anonymous Coward · · Score: 0

      In other news, the Staten Island Ferry was fined $30,000 after a customer got in line clutching a rate card from 1958.

      Dumbass. Staten Island Ferry *should* be fined if they are publishing 1958 rates on their website as current rates.

    2. Re:What next? by Anonymous Coward · · Score: 0

      None of your examples make sense. The NZ business' website was in its control.

    3. Re:What next? by stimpy · · Score: 2, Insightful

      >In other news, the Staten Island Ferry was fined >$30,000 after a customer got in line clutching a >rate card from 1958.

      If they were handing them out without telling anyone they were old, that would be a valid fine. The website was still up, they were warned about it, they did nothing. Can you say "bait and switch"?

    4. Re:What next? by Frank+T.+Lofaro+Jr. · · Score: 0, Offtopic

      I'd settle for them not crashing into the pier.

      http://www.cnn.com/2003/US/Northeast/10/15/ferry.a ccident/

      --
      Just because it CAN be done, doesn't mean it should!
    5. Re:What next? by Anonymous Coward · · Score: 0

      The Staten Island Ferry is free.

    6. Re:What next? by stimpy · · Score: 1

      Heh, I'm in Michigan, what do I know about ferrys? I stand by the point of my post, though.

    7. Re:What next? by Anonymous Coward · · Score: 0

      bwahahahahaha props to you sir...

    8. Re:What next? by Anonymous Coward · · Score: 0

      Is that supposed to be funny or something? It's just tasteless...it's not like no one has ever heard of the accident

    9. Re:What next? by ediron2 · · Score: 3, Insightful
      Regarding RTFA, I did. The OP stated that the fine was due to 'failure to keep (a) site current'. The articles indicate owner unwillingness, but the owner was quoted as claiming he lacked the time or the skills to fix the site.

      If you know a few business-owners (esp restaurant owners), you'll agree that some are utterly clueless on IT and economic/finance practices. What if this guy really is just clueless?

      This NZ$3000 case isn't an ideal case for what I'm saying, but what about the precedent? This potentially sets a legal and public-opinion precedent that I'm not thrilled with:

      1. First precedent: publishing specific details are risky on your website, because you can be held accountable long after you've forgotten that you ever created some orphan page. Think I'm crazy? Imagine a one-time web ad: 'throughout june, mention this ad and get a surf-n-turf special for $12.95'.... oops, no year. Now, your cut-rate $50-per-modification webmaster cuts the link in July, but leaves the html on the server for your/his future reuse, and some webcrawler never forgets it. As I said, 'In other news, the Staten Island Ferry was fined $30,000 after a customer got in line clutching a rate card from 1958.'

        Suing a company for old, orphaned, or flawed webpages creates a small barrier against entry. It gives an avenue for large firms to hammer on smaller/weaker competitors (into oblivion) for insufficient detail or inaccuracies online. If they act defensively, they publish less detail, and we lose detailed data because of the maintenance costs.

        Would you rather price information for some shops be utterly unavailable online? Is that the stance of everyone disagreeing with me here? 'Cuz we risk a subtle chilling effect happening if the 'net is policed for accuracy, whether by a government commission or by competitors given more leeway to frivolously sue.

        Would the restaurant's site be sufficiently fixed if a tiny bit of print said: 'last updated 21-Sept-2004'? Because I can't count the number of restaurants, bars and arts venues, online stores, peer-review sites and newspaper/magazine-based reviews that have some small bit of out-of-date info on the 'net.

        Hell, even this story suffers the time-distortion effects of the web: it was old enough news that I literally found 130 copies of the story on the web. Apparently, nerds are among the last to know that this happened in February.

      2. Screwed by a gift: a friend/customer/admirer or some wannabe offers you a bargain website? Turn it down, because they might not give you keys to the site, maintain it, etc., but you'll be held responsible. Or, in my facetious tone, '...it was discovered that, in a locked, donated trunk of old books and papers, they had been in posession of WWII-era Nazi propaganda.'

        Would you rather only *large* companies advertise online? Because that's another risk: if you can't afford to pay for the maintenance, don't advertise online. Also, if you can't afford to have your ad vetted for legal risks, don't run it.

      3. Killed by bad press: even a lame claim against a PR-dependent company can do massive damage. And PETA's founder was forced to resign today after it was learned his father once ate a steak. Rare.

        Would yu want your favorite hangout to take the PR hit for being 'under investigation' or for news that they're being sued by a customer?

      My original post was off-the-cuff, but I'll stand by it, even if it does mean another round of moderator smack-down. This is one of those road-to-hell / good-intentions things. Worse, the commission/judge used buzz-phrases that made them sound like a bad web-advertising seminar from '98, they seem oblivious to international issues, they don't seem aware of the high cost of content maintenance, etc. Meanwhile, sensible web marketing advice like datestamp or expiration notices never got mentioned and they're making legal precedents that are easily abused.
    10. Re:What next? by olliej_nz · · Score: 1

      Yes but a big part of the laws involved means that the company *must* be notified -- otherwise a typo could cost a company a lot of money.

      So if company gets told that there is some old arbitrary page on their website saying something that is incorrect then they can correct it. Occasionally a company may be compelled to provide a service or product at the advertised price to a customer, but if they have placed notives indicating the error there is a reasonable chance that they would not have a legal responsibility to do that.

      Oh, and as far as the fine goes, do a conversion to $US by more-or-less dividing by 2... Conceivably $US3000 might be considered unreasonable

      --
      To be or not to be.-Shakespeare
      To do is to be.-Nietzsche
      To be is to do.-Sartre
      Do be do be do.-Sinatra
    11. Re:What next? by charlequin · · Score: 1

      What if this guy really is just clueless? He probably shouldn't have tried to promote his business using the Internet, then, or he should've hired someone with a clue to handle it for him. As everyone arguing against this judgment is ignoring, he was contacted by the Restaurant Association and informed that his website had potential to get him in legal trouble; not just a cranky customer, but a trade association with the power and mandate to offer accurate advice. It's the point at which he ignored this advice that he made himself legitimately culpable.

    12. Re:What next? by Anonymous Coward · · Score: 0
      "The articles indicate owner unwillingness, but the owner was quoted as claiming he lacked the time or the skills to fix the site ..... What if this guy really is just clueless?"

      I have problems with this argument. First of all, with respect to technical skills, I'm curious how a person who has the skill to put his prices on a website can somehow not have the skill to change or remove those prices.

      Secondly, with respect to his knowledge of economic/finance practices, his right to claim ignorance ended when the Restaurant Association specifically contacted him and informed him of the legal implications of his outdated online price list.

      People don't want to take responsibility for anything they do these days. It's so simple to put a webpage online, but requires effort to maintain it. If you're going to advertise online, then for bob's sake put in the effort to maintain that advertising or else accept the potential consequences of false advertising. If you can't be arsed to maintain a price list, then don't put it online in the first bloody place.

    13. Re:What next? by Anonymous Coward · · Score: 0

      The Staten Island Ferry is Free, you dumbass...

    14. Re:What next? by sulli · · Score: 1

      Well, given that the Staten Island Ferry is now free, the customer would have been a dumbass to pay the 1958 charge (probably 25 cents).

      --

      sulli
      RTFJ.
    15. Re:What next? by RobertLTux · · Score: 1

      Consider this a fully GPLed method for preventing this problem 1 have the way to access the server written down (insist on FTP access you can setup a link as ftp://username:password@yourdomain.tld if you have to get that bare metal 2 get a copy of open office or another office thing that writes html in a sane manner (NOT MS OFFICE) 3 write up your stuff and then save as html files (insert script/program to create the links) 4 upload to server (note if you have the server "in house" you can just save the html to the server root) 5 profit! 6 edit as needed 7 goto 4 Note if you can justify having the server on site it also helps if you ever need to shutdown the server FAST

      --
      Any person using FTFY or editing my postings agrees to a US$50.00 charge
    16. Re:What next? by ediron2 · · Score: 1
      First:

      DO NOT RUN YOUR COMPANY WEBSERVER ON YOUR OWN PC!

      (the above message repeats, with details, in a few moments. If Slashdot supported the infamous Flash tag, I'd use it here)

      Wow, nerds really are utterly clueless about how profoundly the rest of the world doesn't understand or care about I/T.

      In the real world,

      1. a server isn't a machine, it's a waitress,
      2. FTP is a misspelling of someone that sends flowers,
      3. nobody uses '2' instead of 'to',
      4. 'get that bare metal' isn't recognizable slang,
      5. 'get a copy of open office' makes heads explode since you obviously left out a noun, a comma and 'then' (most folks would read this as 'get a copy of ****, then open office'),
      6. what's html?
      7. what's sane html?
      8. why can't I use office?
      9. how do I save-as?
      10. 'insert script/program' kills a few more innocent bystanders due to exploding-head shrapnel,
      11. 'upload to server' and 'server root' are baffling phrases. The concepts behind them are worse. Ditto this 'worse' remark for my last comment about scripts, come to think of it.
      12. There's this thing called whitespace. Your post didn't have any. Now, I am not aiming for a low blow, since I'll bet you just forgot to downgrade your comment from html-formatted to plain-old-text and slashdot screwed you. I make the same mistake once a week. If experts can regularly get screwed by our own tools what chance does Nick the chef have?!
      Let me finish by saying again:

      DO NOT RUN YOUR COMPANY WEBSERVER ON YOUR OWN PC!

      Configuring and maintaining a desktop pc to act as a commercial site webhost is insane. Always. Full stop, no exceptions. First, getting server-class upstream bandwidth is spendier than using some hosting service. Second, a PC handling both the restaurant books *and* an IIS server (it's "common sense" to have your work computer do both) is even crazier, since a website compromise could lead to massive PR/Fraud/Theft/sabotage damage. Third, if you leave a server anywhere other than in a locked/alarmed location that has just 1 key that you wear around your neck like some kid at day-camp, some nimrod *will* harm it. They'll turn the computer off or use it for a quick web-surf or to play some online game. The machine will fall victim to unintended uses that are likely to get spyware infections going. That's really not an ideal medium for the company website, or any computer holding financial/company data.

  10. jinx! by aapold · · Score: 1

    Cutriss, you are hereby found guilty of duping my comment! 30 days!

    --
    "Waste not one watt!" - CZ
  11. It's only a matter of time. by TheGuano · · Score: 1

    This would be a litigation lightning rod for the plaintiff's bar in the US. Now where's that law school application?

  12. Hmmmm, carry a two, that's.... by Caspian · · Score: 1

    ...around five cents US, right? ;)

    (Sarcasm note: I'm only kidding! Props to fellow geeks in Kiwiland.)

    --
    With spending like this, exactly what are "conservatives" conserving?
    1. Re:Hmmmm, carry a two, that's.... by m0ok · · Score: 1

      heh. we're catching you.. 1 USD = 1.35 NZD (or thereabouts)

      --
      *I am the anti-sig*
    2. Re:Hmmmm, carry a two, that's.... by spagetti_code · · Score: 2, Insightful
      USD NZD Scroll down to the 12 month graph.

      (flamebait)
      Another Bush term ought to do it :-)
      (/flamebait)

    3. Re:Hmmmm, carry a two, that's.... by pommiekiwifruit · · Score: 1
      No the NZ dollar is going up against the US rouble I think...

      I'm just annoyed cos my company gets paid in US dollars and another 4 years of the US economy going down the drain will affect my (£) bonuses :-(

  13. Include fine print by d2_m_viant · · Score: 2, Insightful

    This is why I always recommend to my customers to include in the fine print: "Prices are subject to change without notice."

    At that point, I would hope the company is no longer liable for a customer's stupidity.

    1. Re:Include fine print by Anonymous Coward · · Score: 0

      Problem I have encountered is that every single time I felt we had found our new baseline for customer stupidity we are almost immediately delt a spectacular surprise with a new champion. You just cannot idiot proof your content.

    2. Re:Include fine print by martinX · · Score: 1

      I don't think that a "Prices are subject to change without notice" disclaimer would hold after a reasonable length of time* had elapsed for prices to be updated.

      And why does it have to be in the fine print? Why not make it obvious rather than trying to hide it? Talk about trying to be deceptive.

      Additionally, I don't see how a customer can be held responsible for the restaurant's failure to act. Regulations like this are in place to help boost consumer confidence in business which helps keep the whole mercantile thing rolling along, they're not there to punish some small business owner for not following section 8, subsection Q of the Obscure Act 1968.

      *"reasonable" to be determined by a disinterested third party.

      --
      When they came for the communists, I said "He's next door. Take him away. Goddam commies."
    3. Re:Include fine print by Frank+T.+Lofaro+Jr. · · Score: 2, Interesting

      There is a difference between reserving the rights to change (including increase) prices, etc and making a change but still actively telling people old, inaccurate information.

      It isn't like they got a paper ad and one changed the prices, and the ad is out of date.

      The website keeps serving pages that are inaccurate. That would be like one continuing to print paper ads that have old information, even after one made the change that rendered the info on the site inaccurate and in this case, where they were informed of the discrepency. ("knew or had reason to know")

      That is just plain wrong.

      --
      Just because it CAN be done, doesn't mean it should!
    4. Re:Include fine print by Anonymous Coward · · Score: 0

      Actually, in NZ fair trading law, there is special provision for 'fine print' to stop important details being hidden away (who really reads the fine print?).

      But a larger warning with a date the details are valid from / to probably would've protected the restaurant.

    5. Re:Include fine print by Jakeypants · · Score: 1

      The customer's stupidity?

      (I didn't RTFA, so this is based on other peoples' comments)

      Am I the only one that thinks that neither party was in the wrong on this one? The customers weren't stupid, they just expected the advertised price. The restaurant owners weren't stupid, they lacked the knowhow to get on their site and update the pricing.

      No one was stipid in this case.

    6. Re:Include fine print by Anonymous Coward · · Score: 0
      "...they lacked the knowhow to get on their site and update the pricing."

      Yet, somehow they didn't lack the knowhow to get the prices on their site in the first place.

      Hmmm.....

  14. If the website was hosted outside of New Zealand. by xRobx · · Score: 3, Interesting

    Well I looked around the article but couldn't locate any information whether the site was hosted inside of New Zealand or outside, but I would imagine if it was hosted outside of New Zealand that they would have no right to go after the company for what their website contained, since it would not be on their soil.

  15. A Project by icepick72 · · Score: 1


    So can you be fined for out of date meat too? If so that web site had better watch out!

  16. So What? by Anonymous Coward · · Score: 0

    Who cares? So his website had prices that didn't reflect what his actual business was doing? Why didn't the customer that knew about the lower prices listed on the Internet demand to pay only those prices? So, the customer drives out to the restaurant expecting to pay $10 a plate, but upon arrival finds that it is $15 a plate? What is he complaining about, that he had to waste his gas to find out that the prices online weren't correct, or were different? What a waste of $3,000 that could otherwise have been spent on improving the food. Now, the quality of the food at that establishment is likely to suffer until the owner can recover the lost $3,000 in stupid fees. False advertising, phewy! It is not the restaurant owners problem if you don't like the pricing, go elsewhere to eat. If the restaurant goes out of business then the market will have already dealt it's blow. If this were me, I would simply print out the online prices and indicate that is what I want to pay, if the restaurant disagrees then I take my money elsewhere, unless I really do want to eat there.

    1. Re:So What? by kd5ujz · · Score: 4, Informative
      Read the Article.

      Tony's Vineyard Restaurant in Henderson, Waitakere, found out the hard way that out of date menus are misrepresntations substantial enough to attract the attention of the Commerce Commission.

      The restaurant operator pleaded guilty on Thursday in the Waitakere District Court to breaching the Fair Trading Act in relation to website promotion of its menu and prices and was fined $3,000 plus $260 in court costs.

      According to the commission, the restaurant's website made various representations about the availability and price of certain meals on the menu over a six month period dating from a customer complaint.

      The commission said that many of the meals were not actually available for order at the restaurant, and others were not available at the listed price. In some circumstances, the website price varied between 17 and 36 per cent cheaper than the in-house menu.

      The complaining customer had notified both the restaurant and the Restaurant Association of New Zealand that the website menu was out of date and misleading, but the operator, despite knowing about the issue, had done nothing to correct the website.
      --
      -William
      God is everything science has yet to explain.
    2. Re:So What? by Anonymous Coward · · Score: 0

      I read the article, I always do before posting. So he plead guilty to having out of date prices on his website. Again, I still say this is a waste of money. The government has no business being in business, governments and markets lead to corruption and good old boys clubs.

    3. Re:So What? by Anonymous Coward · · Score: 0

      Umm, markets aren't magical dispensers of justice. That's why we have laws. Are you saying that as long as people don't pay attention or don't say anything, it's OK to lie to your customers? If you condone that sort of behavior, everyone will start doing it, and then you'll end up with a bloody mess where you can't trust anything at all.

      Let me guess, you voted Republican, right?

  17. Sigh by Anonymous Coward · · Score: 0

    This isn't offtopic, stupids. Learn to read between the lines, or 'recognise' 'implications'.

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

      Here's an even better one...

      Learn to read the frelling article! To those who only understand (T/F)LAs, that's RTFA!

      There are no implications to consider. It was a simple matter of deliberate false advertising. None of the parent's examples were even remotely relevant.

      Case 1: Attempted fraud/ignorance on the client's part

      Case 2: Knee jerk over-reaction due to deep-seated cultural neurosis

      Case 3: The "sins" of the father visited on the son. Actually, it was just plain ridiculous.

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

      None of his examples make sense. What article did he mean to post this to?

  18. Out of date, you say? by Anonymous Coward · · Score: 0

    Heck, it's been THREE WHOLE HOURS since Slashdot last posted an article. Too bad I'll never see a dime of that fine. :(

  19. Slashdot will be next by Magickcat · · Score: 4, Funny

    Slashdot had better watch out too then. It's putrid colour scheme and invalid html code are even more outdated.

    --

    Si tacuisses philosophus mansisses. If you had kept quiet, you would have remained a philosopher.

  20. This sends a good message by nodehopper · · Score: 5, Insightful

    This goes back to the days of "Bait and Switch" advertising in newspapers back in the 70's. Certainly, if the restaurant posted prices, then they do have a legitimate responsibility to keep that sort of "Time Sensitive" information up to date.

    "The complaining customer had notified both the restaurant and the Restaurant Association of New Zealand that the website menu was out of date and misleading, but the operator, despite knowing about the issue, had done nothing to correct the website."

    This sends a good message to commercial web site operators and e-commerce sites that they have to maintain current and correct information and can't just say "We didn't have time to update things.....so not our problem"

    I don't think I need to worry about my blog I set up one weekend a couple months ago and haven't touched since......do I ???
    --
    "We will remember not the words of our enemies, but the silence of our friends. " Dr. Martin Luther King, Jr.
    1. Re:This sends a good message by Anonymous Coward · · Score: 0
      I don't think I need to worry about my blog I set up one weekend a couple months ago and haven't touched since......do I ???
      No. Just like most blogs, nobody reads yours, so you don't have to worry about anyone complaining. :)
    2. Re:This sends a good message by Skater · · Score: 1

      On the other hand, I don't think a store or restaurant should be responsible for a simple typographic error. (In this case, that's not a defense.) When I worked in retail, we had that happen once - and people came into the store insisting we had to sell them that drill at less than we paid for it. We weren't trying to draw customers in under false pretenses; it was just a mistake...

  21. Ummm.... by Anonymous Coward · · Score: 0

    BFD?

  22. Re:If the website was hosted outside of New Zealan by Anonymous Coward · · Score: 0

    Actually they would.

    The business was on NZ soil. This was "current" advertising. It doesn't matter where a NZ based business does its advertising it needs to be correct.
    In this case they were even give a warning and did nothing...

  23. Not really by EmbeddedJanitor · · Score: 1

    As the first poster said, this is just false advertising. That the medium is the www is irrelevant.

    --
    Engineering is the art of compromise.
  24. Give the guy a break by max+born · · Score: 1

    I agree he should have kept his site up to date but is there really any need for big brother to get involved.

    1. Re:Give the guy a break by tria · · Score: 3, Informative

      NZ has a law the Fair Trading Act 1986. Part of it is around consumer protection. Basically the part he has been fined under is a section that states business must advertise prices, product spec etc correctly. It doesn't matter if it was in print or online it's advertising. He was warned about it and did nothing, so he was fined. It's not about Big brother jumping in. He broke a law (that pre-dates common usage of the Internet) and he got caught. A number of companies a year get fined for this sort of action, the only reason this got much of a headline is that it was the 1st web-based advertising to be fined under the Act.

  25. Not so by EmbeddedJanitor · · Score: 1

    If the site is run by a kiwi or for the benefit of a kiwi company, with the intention of selling services to people inside kiwiland, then they won't get away with the "the server is in China" approach.

    --
    Engineering is the art of compromise.
  26. Re:If the website was hosted outside of New Zealan by Anonymous Coward · · Score: 4, Informative

    I think you missed the point.

    We are protected here in NZ, from false advertising which may draw us into a store, restaurant etc. expecting low priced goods or special bargains.

    The restaurant can host its website wherever it wants, it was still telling New Zealanders that it had specific items on its menu, which it no longer actually serves.

    p.s. last time I dined there the staff were rude and incompetent, and they deserve to be straightened out in any way possible.

  27. And So It Should Be by Anonymous Coward · · Score: 0

    If you advertise, Then it must be correct!

  28. Next thing you know... by Anonymous Coward · · Score: 0

    Slashdot fined for out-of-date news!
    Think twice before posting dupes, taco!

  29. YAUL- Yet Another Useless Lawsuit by CMGaretJax · · Score: 2

    Next up we'll have people filing suit for personal information on blogs not being up to date. I can see it now: If I had the right screenname I would never have become an opium addicticed stripper for you! Or some other implausible lawsuit... hey maybe I can sue shashdot for something... they have money right?

    1. Re:YAUL- Yet Another Useless Lawsuit by DataCannibal · · Score: 1

      For someone who thinks they can spout off on legal matters you seem to have problems differentiating between a lawsuit and a criminal prosecution.

      --
      No but, yeah but, no but...
  30. Offtopic... by rathehun · · Score: 3, Funny

    In other news, hordes of dissapointed Slashdotters find that they can't /. the servers because there is no direct link.

  31. Great Opportunity for NZ Web Developers! by 7Ghent · · Score: 2, Insightful

    "Is your website out of date? You could be fined $3000! Instead, pay us to update your site!"

    Makes me wish this would happen in the US.

    1. Re:Great Opportunity for NZ Web Developers! by Coryoth · · Score: 1

      Alternatively they could simply put a "Prices valid until yyyy-mm-dd" like everyone does on every but of print advertising you'll see.

      Jedidiah.

    2. Re:Great Opportunity for NZ Web Developers! by Anonymous Coward · · Score: 0

      thanks for the heads up :)

  32. That's the answer!! by jd · · Score: 1
    This'll save Social Security for centuries to come. Simply fine all US commercial websites for obscenely out-of-date, inaccurate or misleading information that directly relates to their products, and funnel a percentage over to the Social Security fund.


    One of two things will happen. Either a lot of firms in the US will be sued to oblivion, making lots of money, or HTML programmers will be in phenominal demand, resulting in more payments being made and less being taken out.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  33. In New Zealand jokes... potential? by TrollingOnTheRiver · · Score: 0

    In New Zealand...... fill in the blank or is it: fill in the blank.... New Zealand.

  34. Re:If the website was hosted outside of New Zealan by Frogbert · · Score: 2, Informative

    Why would you think that? It doesn't matter where the advertisement is physically stored, its still fake.

  35. Encouraging by truesaer · · Score: 1
    I actually find stories like this somewhat encouraging. I mean, this really has absolutely nothing to do with our rights online. Which probably means that there are few enough threats that the moderators are forced to post this crap.


    There are about a half dozen issues we all know about...P2P, DRM, public computer filtering, DMCA, a few others that are uncommon like blocking VoIP traffic. They're problems no doubt, but at least a new one doesn't crop up every day. Just variations on the old ones....so much so that we run out of angles to discuss!

  36. in other news by CySurflex · · Score: 0, Redundant

    in other news, Slashdot is fined for having too many dupes.

    1. Re:in other news by alc6379 · · Score: 1
      HAH! Love it!

      A redundant comment about redundancy modded as redundant. Slashdot's going to implode under its own redundancy!

      --
      I don't moderate anymore. Karma penalty for 90% fair mods? Can I mod that unfair?
  37. The only sane country on the globe? by shutdown+-p+now · · Score: 1

    Judging by a few recent stories (patents in EU, traffic monitoring in Canada, and now this article), seems like NZ is the only sane place to live.

  38. Let's screw all the mom and pop businesses by D.+Book · · Score: 3, Insightful

    This sounds like it has the potential to be a great money spinner for Slashdot users with a litigious streak and zero sympathy for the non-computer/Internet literate.

    There are thousands of "mom and pop" businesses out there who paid a webmaster to make them a site as a one-off after being bombarded with the message that their business will go under if they don't join the 21st century and get an Internet presence. Once their contract with the webmaster expires, these sites often sit dormant for years. The owners of these businesses are typically working their asses off on the fundamentals to stay afloat, and it's probable that many barely recall the fact that they have a (rather pointless) Internet presence, let alone know how to update the site, or have the spare cash to hire a webmaster just to update a few details.

    So here's what we do. We seek these sites out, send an e-mail to their long since unmonitered account complaining that we were misled because the site's details are not up-to-date, and sue the pants off them when there is no response. And we don't have to feel the least bit bad about our nuisance lawsuits tying up the overburdened court system, because after all, these greedy small businesses maliciously attempted to deceive people, and we're just doing our bit to eliminate this evil from the world.

    1. Re:Let's screw all the mom and pop businesses by HD+Webdev · · Score: 1

      The owners of these businesses are typically working their asses off on the fundamentals to stay afloat, and it's probable that many barely recall the fact that they have a (rather pointless) Internet presence, let alone know how to update the site, or have the spare cash to hire a webmaster just to update a few details.

      For $50, I would gladly delete a web site's content after a business has been notified that the prices are out of date. $50 isn't bad for a few minutes of work.

      I'm sure that there are many people who would do it for less.

      Any resteraunt has at least that much money to spend on doing this. If they don't, they shouldn't be in business because they are one recession away from assured bankruptcy.

      --
      This is not a dream, not a dream...we are transmitting from the year 1-9-9-9.
    2. Re:Let's screw all the mom and pop businesses by MasterOfCeremonies · · Score: 1

      Seeing as you can create a website in Word there really is no excuse for this any more.

    3. Re:Let's screw all the mom and pop businesses by ArsenneLupin · · Score: 1
      Seeing as you can create a website in Word there really is no excuse for this any more.

      Pretty dangerous. Indeed, this would give the hypothetical geek complaining about the outdatedness the needed moral excuse to be a prick.

    4. Re:Let's screw all the mom and pop businesses by Anonymous Coward · · Score: 0

      Except for one thing: Mom and Pop are still shelling out DNS registration fees on a yearly basis. If they don't understand this represents false advertising, too bad. If they don't have the time to maintain a website, they shouldn't pay someone to keep an out-of-date advertisement "in print" so to speak. If you're a restaurant, and customers showing up at your door reasonably expecting to pay what they saw on the web, that is nobody's fault but yours, and ignorance is not an excuse.

      Imagine how much cleaner the Internet would be if everyone obeyed this simple rule. Oh, and we got rid of domain squatters. But that's another story.

    5. Re:Let's screw all the mom and pop businesses by Mant · · Score: 1

      If they don't have the skills, time or money to maintain the website they shouldn't have put it up in the first place, or should have limited it to stuff that wasn't going to go out of date easily like prices.

      I don't think it is too much to ask for a bit of responsibility by business owners, although also some common sense by the courts. In this case was warned first, so the whole argument about forgetting doesn't wash.

    6. Re:Let's screw all the mom and pop businesses by Anonymous Coward · · Score: 0

      Not in New Zealand you won't.

      This case was taken by a govt dept using Fair Trading laws. You won't be able to profit from taking the mom & dad businesses to court. The person who complained, did not get a cent.

      Welcome to a legal system that works and does not screw people over. Nice thing is that the New Zealand system is even open source.. you can download the legal code from the .govt.nz websites, so the US could borrow our laws at anytime. Except many US lawyers might go out of business, which would be a shame right?

    7. Re:Let's screw all the mom and pop businesses by Anonymous Coward · · Score: 0

      I'd take a look at the contract between the store and the website admin, and see if -

      1) The store is responsible for any updates
      2) The admin is responsible for the content
      3) The contract is terminated, but the admin hasn't taken the site down.

  39. My local computer store... by MrFenty · · Score: 1
    Have a look at the prices of pc's at my local computer store if you want to see out of date pricing.

    Bear in mind that 1 pound roughly equals 2 US dollars these days, hence that Pentium-III 500mhz comes out at around $2500. Sweet.

    Also bear in mind that this store is still active and trading, just that their site is soooooooooo out of date.

    1. Re:My local computer store... by deimtee · · Score: 2, Funny

      The difference being that if you drive out to that store and ask to pay those prices I bet they would be quite willing to accomodate you.

      --
      I'm guessing that wasn't on their radar screen...
    2. Re:My local computer store... by Secrity · · Score: 2, Insightful

      The biggest difference I can see is that your local computer store is likely to be quite willing to sell it's products at the out of date prices; but, the restaurant was not willing to sell it's products at the advertised price.

    3. Re:My local computer store... by alc6379 · · Score: 1

      A restaurant, I could maybe let pass on an outdated website, but come on, a computer company?

      --
      I don't moderate anymore. Karma penalty for 90% fair mods? Can I mod that unfair?
  40. Mod up by EvanED · · Score: 1

    The entire point of looking it up on the interent is so that he wouldn't have to call ahead.

    Exactly. Let's go back on topic. Suppose someone had called, and was told the same price that is on the website. Now what? Does that move them into the wrong? At what point does it become false advertising and become punishable?

    Website advertisements are just as valid as any other type, and should be held to the same standards. Period.

  41. Fair Trading Act by Anonymous Coward · · Score: 0

    Being a New Zealander and an Economist I'm glad to see the government cracking down on websites that give misleading prices. It's true this website has been made an example of to scare other people with out-dated websites, but I think this will have a good spin-off towards lazy webmasters.

  42. Your Rights Online? by msormune · · Score: 1

    Whose rights are we talking about here? The rights of the restaurant staff plus owner or the rights of the consumer using the restaurant's services? I am only hoping that the "yro" title refers to the rights of the consumer as this clearly is a case of false advertising and yes, the restaurant should be fined. The term "yro" on Slashdot seems to going down the toilet rather fast as everything is suddenly about the rights of people. If you think the government or some other institution is out there to get you and your rights, try living somewhere else. Or at least try living for a while.

  43. court costs by wikinerd · · Score: 1

    "was fined $3,000 plus $260 in court costs" - what I see in this sentence is that the fine was $3000 but the court costs were a mere $260. It seems that New Zealand isnot a haven for money-hungry lawyers! Contrast this figure with USA where you can declare bankruptcy just by paying court costs.

  44. Ok, try this hypothetical... by Cap'n+Crax · · Score: 4, Insightful

    (Say) I own a restaurant. I've been in restaurant business for 28 years, but just recently this young man approached me about a "web-site" thing. I don't know diddly-squat about computers and such, but it's cheap. I pay him $500 and sets up a web-site for me. All is wonderful...

    Later, I get notice that my web-site thing is "wrong" but I can no longer reach the guy that made it? What do I do??????

    [I in fact know people who have web sites set up for their business by short-lived companies. The web sites often live on, longer than their creators. The "owners" who paid to have them created may not know HOW to change them.]

    --
    PK: 09F911029D74E35BD84156C5635688C0
    1. Re:Ok, try this hypothetical... by goldfndr · · Score: 2, Interesting
      Later, I get notice that my web-site thing is "wrong" but I can no longer reach the guy that made it? What do I do??????
      Proper notification requires that the web-site thing be named, lest it be a competitor's site created to ruin your good name or other ruse.

      Once you have the site's URI, you could contractually hire someone else to track down how to gain access to it and to alter/remove part of it. Or, at worst, persuade the virtual site's owner to delete it. Really, all the virtual site's owner would need to do is verify your address and/or phone number (surely your web-site thing has these!), social engineering notwithstanding.

      --
      Copyrights, Patents, Trademarks: temporary loans from the Public Domain, not real property ("intellectual" or otherwise)
    2. Re:Ok, try this hypothetical... by lahvak · · Score: 1

      Contact the company hosting the site and ask them to remove it? Plys buy a shot-gun to chase away all other of those "web master" con-men offering you to make a website for you?

      --
      AccountKiller
    3. Re:Ok, try this hypothetical... by Anonymous Coward · · Score: 0

      how about STOP paying that monthly bill?

      how about looking in your records to WHO you pay for hosting and contact information?

      oh you did not get that? how the hell did you stay in business so long being incompetent??

    4. Re:Ok, try this hypothetical... by Anonymous Coward · · Score: 0

      i bet you know diddley squat about page layout, type faces, and print advertising, but that doesn't stop you from advertising in magazines or newspapers.

      you should hire advertising agencies to run advertisements for you.

    5. Re:Ok, try this hypothetical... by danila · · Score: 3, Insightful

      How is it different from me paying a newspaper to print my ads promoting some discounted special offers, then raising the prices back and refusing to do anything about newspaper ads, because I forget which newspaper it was, don't remember the name of my advertising agency, lost their telephone number, the dog ate my homework, etc.

      It's not different, just because it's online. You fail to update your website, it's your fault, now pay a fine AND fix the problem.

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
    6. Re:Ok, try this hypothetical... by charlequin · · Score: 1

      Why does regular business sense stop applying when the Magical Internets come into play? As a business owner, it's your responsibility to be careful with your money. If you buy a service from someone, you should know what you're paying for and how to cancel it when you no longer need it. If you don't find this out in advance, you're setting yourself up for problems down the road -- whether you're paying the landscaper or the web developer. I might feel soorry for you if you wind up in trouble as a result of it, but it is your own mistake that led you there.

    7. Re:Ok, try this hypothetical... by NewStarRising · · Score: 1

      A company web-site is not a buy-and forget product. it is an ongoing service. Especially if it contains such information as prices and available services/products.
      If you (as a business owner) bought the services of a web-designer then you need to make sure the service you are buying is correct for you. If their business cards said "Just ONE Fee, no ongoing charges" and then he invoiced you each month, you have a right to complain, just as if your website says "Steaks, $10" and when I turn up to eat, am told steaks are $15 then I have a right to complain.
      "Caveat Emptor" does not excuse people from their legal responsibilities.

      --
      b3 4phr41d 0f my 4bov3-4v3r4g3 c0mpu73r kn0wI3dg3!
      MadDwarf
    8. Re:Ok, try this hypothetical... by Saeger · · Score: 1
      I get notice that my web-site thing is "wrong" but I can no longer reach the guy that made it? What do I do??????

      You have someone develop or customize a CMS solution for you so that YOU can easily update the site *content* yourself (or delegate the updates to someone else if you can't handle a simple webbrowser interface). The days of annoying-to-update static sites should be overwith.

      --
      Power to the Peaceful
    9. Re:Ok, try this hypothetical... by pritchma · · Score: 1

      Ignorance is no excuse.

      I'm sure he has a 14 year old pimply faced nephew who can do some whois voodoo, get hold of the hosting service, grab the content and update it.

      Otherwise, just you look it up in the Yellow Pages under "Website Design"!

      I mean seriously, if your local mechanic goes out of business, do you just keep driving your car until it breaks down?

  45. R.A.N.Z. by distantbody · · Score: 0, Offtopic

    "Restaurant Association of New Zealand"...rancid? ;)

  46. Stupidity or malice? by TapeCutter · · Score: 1

    "The fact that it's on the Internet is moot; it's false advertising. Simply that." - I tend to agree but think it was due to stupidity rather than malice.

    Stupid, lazy, greedy and "evil" people have the same legal rights and responsibilities as the rest of the population (I fall into the lazy category). If after "fair warning", somebody's own personality handicap continues to waste "significant" time and/or money for "Jo Public" then they deserve a mandated and public wallet kicking to discourage others from compounding the problem. The market fanatics who generally despise regulation would argue that the bussiness will loose out in an evolutionary manner because it will get a "bad name" so regulation is not required. The problem is evolution is slow can find many small niches in otherwise hostile environments, not to mention the bard's famous rose. I belive it must be in everyones interest that the public give evolution a boost in the right direction with mandates. Advertising laws should be aimed to minimise futile public effort and "advertise" those who are knowingly causing it for no other reason than some personality or educational defect.

    I'm not sure about NZ but in Australia they could have avoided any problems with just a smidgen of forethought or advertising advice. IE: "offer valid until (insert date)". This would have wallpapered thier arse and is a common practice in Australia for any advertising that mentions price. There has been some recent scrutiny of the laws concerning "implied availabilty" but I am not sure what you can and can't do.

    As recently as 2001 I was coerced by pleading baby blue eyes into driving my daughter on a 1.5hr round trip. This was done to physically demonstrate the fact that nobody sells brand new $3000 guitar's for $100 each. We had both sat and carefully listened to the radio ad twice before climbing into the car. It did not mention any availability caveates (eg:"while stocks last", "first 5 customers"). On the up side I did get to educate my daughter and the ads dissapeared after a short time?

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  47. I got a good deal on a digital camera that way... by nettdata · · Score: 3, Interesting

    I went to a local Vancouver camera shop's web site, and looked into pricing for a Sigma SD10. Found that they had a great deal on for the camera body, 2 lenses (wide angle and zoom), case, and really nice flash.

    I went down and tried to buy the camera, but was quoted a HUGELY different price for it. I asked the guy to go to their website and tell me what it says, after which the clerk said someone made a mistake on the data input... turns out the price was only for the base, not including the 2 lenses and the flash.

    As a result, the clerk called the owner/boss, who asked them if the lower price was actually on the site, and had a detailed description of what was included in that price, and when it was validated, he said "well, give that stuff to him at that price... and CHANGE THE WEBSITE. " The site was changed while I was still in the store paying for my camera.

    So, at the end of the day, I saved over $1,500 due to their screwup. I kind of felt bad about it, and ended up buying more stuff than I would have (huge amounts of ram, rechargeable batteries, tripod, etc), but it was nice to see the guy live up to his on-line marketing.

    --



    $0.02 (CDN)
  48. Hopefully WalMart is next. by stuartkahler · · Score: 4, Interesting

    In larger markets, WalMart has their in-store pricing match their online pricing because they're undercutting local stores online and b&m. However, in rural areas where there's no Best Buy, CC or whatever to compete with, they charge the regular price in-store. If you ask the customer service people, they refuse to price match their own website advertised prices. You can go online to order it, but you can't get it in the store.

    Example: Recently, some new DVD came out that would normally run at least $19.99. Best Buy and others were selling it at $15.99 to bring in customers. Walmart was selling it for $14.88 online and in stores near Best Buy. In Walmarts in the middle of nowhere, the price was the full $19.99. No price matching. I skipped going to Best Buy to pick it up because walmart.com said I could get it at Walmart for $14.88. By the time I was near a Best Buy again, the sale was over.

    It's not even a case of old or mistyped pricing. They're actively selling at the price, just not in certain areas where they can get away with jamming up the customer. Most other places that charge less online will at least give you the lower price in the store if you ask.

    1. Re:Hopefully WalMart is next. by Nemba · · Score: 0

      No WalMarts in NZ though, luckily.

    2. Re:Hopefully WalMart is next. by matria · · Score: 1

      Yet.

    3. Re:Hopefully WalMart is next. by poot_rootbeer · · Score: 2, Informative

      I skipped going to Best Buy to pick it up because walmart.com said I could get it at Walmart for $14.88.

      No it didn't. It said you could order it from Walmart.com for $14.88.

    4. Re:Hopefully WalMart is next. by Ucklak · · Score: 1

      Are you sure it's not the timimg of the release of the DVD?

      Whenever a new DVD is released, retail is say $19.99. Usually (mostly especially for major studio releases) the Tuesday of release, you can get it for $15. The Wednesday of release sometimes goes up a dollar and stays that price until Saturday or the coming Monday.

      There is fierce competition for first day sales from any DVD distributor/retail outlet.

      I bought Bambi for $14.88 at Walmart where Fry's had it at $15.99. (Tuesday Price)

      I got Harry Potter and the POA for $13.88 at Circuit City.

      I got Star Wars Trilogy for $42.99 at Best Buy.

      LOTR:ROTK for $15.99 Fry's/

      --
      if you steal from one source, that is plagiarism, if you steal from many, well, that's just research.
    5. Re:Hopefully WalMart is next. by stuartkahler · · Score: 1

      You might be able to argue that point if Walmart stores and walmart.com were run as separate entities and used a seperate trademark online. However, walmart.com has a store locator on the front page, and they include links for in store specials and new items being added to the store shelves this month. You can even return items bought online to a local B&M store. You can't possibly argue that walmart.com is not being used in some fashion (perhaps even just 10%) to advertise and direct people to the Walmart stores.

      Sam's Club would be a distinction. Even though it's the same company, the advertisements are made under a differentiated brand.

      From walmart.com: We strive to provide you with the lowest prices possible on Walmart.com as well as in our stores. But sometimes a price online does not match the price in a store. In our effort to be the lowest price provider in your geographic region, store pricing will sometimes differ from online prices.
      They're basically saying 'Our online prices are always rock bottom, but if there's no competition in your area, then we're making you paying full MSRP, chump'.

      It's shady when some stores *cough*OfficeMax*cough* list items at MSRP in store and give you the online price if you mention it. It's false advertising when they lure you into the store with fake pricing.

    6. Re:Hopefully WalMart is next. by stuartkahler · · Score: 1

      Naw, they were pricing it there at their regular $19.99. I double checked walmart.com later and it was still listed at the sale price. Having never lived in any area with less than 150k people in the immediate area, I never understood why small town folks hate walmart so much. I now know the full extent of how far they go to drive existing businesses under and then jack up prices over what people probably paid before. Walmart could be a model for efficient one-stop (and self checkout!) shopping, but their monopolistic price gouging strategies are vile.

  49. Website by Anonymous Coward · · Score: 0

    The interesting thing about this is that it seems Tony's Vineyard (aka. Tony's Restaurant and Bar - in Henderson), doesn't have their own website.

    The article seems to refer to this site, which is a 3rd party hosting many restaurants.

    Are they responsible for updating 3rd-party sites?

    -jtd

  50. Troll or Impulsive Post? You decide by SlimFastForYou · · Score: 2, Informative

    A few facts that you seem to have neglected to mention:

    -No one made "big bucks". The Commerce Commission fined the restauraunt $3000. The court took $260 to cover court costs.

    -The restauraunt knew that their site had caused one or more customers to visit the restauraunt on false pretenses.

    From the article:
    "The complaining customer had notified both the restaurant and the Restaurant Association of New Zealand that the website menu was out of date and misleading, but the operator, despite knowing about the issue, had done nothing to correct the website."

    Also,

    "His Honour agreed with the Commission that the breaches [i.e. false advertisement] were not inadvertent."

    If I were running a restauraunt, and a customer pointed out a mistake in my advertising, I would have made their meal gratis. Then I would have posted a sign in the lobby letting people know of the mistake (in case more people were coming because of it), and got to work on correcting the advertising. After one week I would take down the sign. I believe most businesses are supposed to follow a similar procedure - at least here in California.

  51. Well, as long as you're out there... by Otto · · Score: 1

    Might as well go hit the Crab Shack and get some fresh seafood.

    I'll be out that way next week for St. Pats. This'll be the first year I'm not actually staying out on Tybee for Patty's.

    --
    - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
  52. Re:If the website was hosted outside of New Zealan by ampathee · · Score: 1

    When was this? I had the most awesome steak there the other month, and the staff were polite if not super friendly.. I would actually highly recommend the place.

  53. Indeed, why IS it being treated as a special form? by raehl · · Score: 1

    Let's say I produce a bunch of flyers for my restaurant that advertise the menu and prices.

    Two years later, if someone comes in with one of the old flyers, am I liable because the menu and prices are no longer correct?

    Merely having out-of-date information on an old website shouldn't be actionable any more than having out-of-date information on an old flyer should be actionable.

    Now, if you have incorrect information on the website, *AND* you represent that information as current, that should be actionable. It does not look like the website advertised the menu as a CURRENT menu however.

  54. Turned it around. by Kaenneth · · Score: 1

    An attorney I know had an ex-client register a website in his name, basically to defame him

    (same fellow also has another web site against another laywer, the local phone company, and a charity that's he's under investigation for. my laywer friend quit representing him after he vandalized the prosecutors office, forged documents from a witness who appeared in court saying the documents were false, possessed forgery specific equipment, and raped my laywer friends wife.)

    I'm a tech guy, and he's a law guy, but neighter of us know the best way to ask the hosting provider to kill the site, and/or get control of the domain name (it's www.firstnamelastname.com)

    no details for obvious reasons, any suggestions on handling this kind of thing?

    1. Re:Turned it around. by ArsenneLupin · · Score: 1
      no details for obvious reasons, any suggestions on handling this kind of thing?

      How come, after all this guy has done, that he is not yet in prison? Caught in flagranti falsifying evidence before a court, and not condemned for it?!?! How's that possible?

    2. Re:Turned it around. by Anonymous Coward · · Score: 0

      Your attorney friend must not be a good attorney if he doesn't know how to go forward with this.

    3. Re:Turned it around. by Fillymon · · Score: 1

      Oh, and there's the whole rape thing. I'm pretty sure that that's illegal.

      --
      P.S. - This is what part of the alphabet would look like if Q and R were eliminated.
    4. Re:Turned it around. by Anonymous Coward · · Score: 0

      Not sure that the rape thingy is to be taken literally. Could as well be hyperbole for "ran away with lawyer friend's wife", i.e. lfw was consenting, even though lf was not...

  55. add a date to your website by azery · · Score: 2, Insightful

    if you add a date to your website (and indicate how long pricing remain valid), you should be safe... It's like advertising in a newspaper. Nobody is going to try to use an advertisement you placed ten years ago against you. The same holds if you clearly indicate the date on your site... People can simply see that the prices are old... Same thing if you indicate that prices can be changed without notification...

    1. Re:add a date to your website by laejoh · · Score: 0

      Good point, sir!

      Noticed already how many websites lack a proper date? Even slashdot does not indicate the year. It makes searching for articles very difficult when there's no way to see if something is recent or old

    2. Re:add a date to your website by Traf-O-Data-Hater · · Score: 1

      You're the only posting here that states the obvious solution. The site should have had the simple phrase:
      Prices subject to change without notice

  56. Slashdot better watch out by Anonymous+Writer · · Score: 1

    Next thing you know, they'll be charging fines for old news and dupes

  57. Not just about the customer. by lahvak · · Score: 1

    Ignoring the obvious reading comprehension mistake (17 per cent \neq 17 cents), even small differences in prices are bad. Look at it from the point of wiew of somebody owning a competing restaurant in the same area. Your costs are roughly the same, and so are your prices. You may work hard to keep your prices 5 cents lower than your competition, and you honestly list correct prices on your website (paying somebody the whole time to keep it updated). Wouldn't you be pissed off?

    --
    AccountKiller
  58. False advertising? by AussiePenguin · · Score: 3, Insightful

    Nothing annoys me more than all the web sites out there that are out of date. However, if it's clearly out of date then is that really false advertising? Perhaps I just have a sense of what is out of date (well some of these web sites will have shocking 10 year old looking HTML so I'll disregard the information within seconds). Though if the web site owner were place a disclaimer saying "Prices current as of ", I don't see why they'd be liable 2 years later when they've forgotten to update prices. In any case, it probably makes sense for businesses to date any prices they publish, even in fine print. I'm guessing that the web site in question didn't do this.

    What really annoys me more though is computer retailers who advertise online prices that are discounted to compensate for postage but when you walk into their store the prices are completely different. Perhaps I ought to tell 'em next time I notice that they're probably breaking fair trading laws and follow it up with the ACCC if they don't honour their prices.

    --

    Jeremy
    Melbourne, Australia
    Jabber Australia

    1. Re:False advertising? by Anonymous Coward · · Score: 0

      If it is informational I'd rather have an out of date website than not have one at all.

    2. Re:False advertising? by Anita+Coney · · Score: 1

      You do realize that one, that unlike catalogs, websites can be updated. And two, the restaurateur was given chances to update and correct his site but he refused.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    3. Re:False advertising? by Anonymous Coward · · Score: 0

      It is false advertising because in general, people expect website prices to be accurate.

      The companies know this, the DOJ (of any country) knows this. Having incorrect pricing on a company website may not be intentionally criminal, but it is definately misleading for consumers.

      Buisnesses should be held accountable. I.e. if you printed out the menu from the website, I think you should be able to bring it to the store and use it as is for ordering :)

    4. Re:False advertising? by Gnoll110 · · Score: 1

      Here, Here.

      There is a use for out of date paper work. The important thing is knowing when it was current. My father has a parts manual for machinery than 40+ year old. He dusts it off every 5 or 10 years, as needed. Archives are a wonderful thing!

      I wish people would put 'last updated' on the web pages!

      Gnoll110

  59. Bait and switch != false advertising by Anonymous Coward · · Score: 0

    Generally false advertising means misrepresenting a product all the way to the the point of sale, not just pulling a bait and switch between the advert and the store. This isn't a case of selling things on false pretenses, it's a case of attracting customers to the store on false pretenses. Not nice, perhaps, but not fraudulent either.

    Also I'm interested that this ruling seems to assume that a website is up-to-date. Many webpages display a "last updated" date. If a store's webpage has one of those, does it only have to be accurate up to that date? Personally, I would never consider the menu or prices of a restaurant to be up-to-date. Restaurants just aren't the kinds of places to keep up with data like that online.

    1. Re:Bait and switch != false advertising by windowpain · · Score: 1

      Your conclusion is quite insane. Bait and switch is most definitely fraud. The restaurant is lying about its prices.

      --
      Insert witty sig here.
    2. Re:Bait and switch != false advertising by stratjakt · · Score: 1

      Since when is bait and switch not fraud?

      If you ordered a 60" plasma screen TV off of the 'net, payed 5 large or so for it, and the site shipped you a 13" black and white set with a broken antenna, would you just shrug and go "oh that wacky internet! Heh heh hooray for their rights online (to rip me off)!"

      --
      I don't need no instructions to know how to rock!!!!
    3. Re:Bait and switch != false advertising by stratjakt · · Score: 1

      I forgot to say that when you call to complain, they just explain "oh, we haven't updated the pictures yet, the page is out of date".

      --
      I don't need no instructions to know how to rock!!!!
  60. I smell astroturf by acb · · Score: 3, Interesting

    This reminds me of the stories about ridiculous lawsuits (i.e., people suing toaster manufacturers for millions, and winning, because their toaster didn't have a sticker warning them not to use it in the bath), many of which are said to be planted by lobby groups pushing for product-liability laws to be pulled back, making it harder for consumers to sue.

    Similarly, I wonder whether the distortion in this story (turning false advertising into outrageous government interference in personal web publishing) has an agenda behind it. Perhaps someone wants to weaken New Zealand's truth-in-advertising laws?

    1. Re:I smell astroturf by nberardi · · Score: 1

      Don't forget about the people that don't know McDonalds coffee is hot.

      Personally I think the market should sort stuff out in these cases. If there are so many people that don't like the service because the website doesn't reflect current pricing, then the service will fail, or the company will update their website based on feed back.

      Either way these kinds of actions can only lead to small businesses that don't primarily deal through the web, getting rid of their web site. Because I can't imagine that a resturante has enough money in most cases to keep a full time or even part time web developer around.

    2. Re:I smell astroturf by Anita+Coney · · Score: 1

      I do not understand your analogy. The restaurant puts incorrect pricing information on its website. But when you show up, the prices are higher. How is that analogous to a lack of a warning sticker?

      Do you really think that retailers have a right to lie about their prices?!

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    3. Re:I smell astroturf by Anita+Coney · · Score: 2, Interesting

      "Personally I think the market should sort stuff out in these cases."

      Luckily for you, you have a solution. Build a time machine and travel back to America in the 1800s when there were NO consumer laws. Back then you could sell gasoline as a curative and it was PERFECTLY legal.

      But of course you couldn't sue the seller, because he wasn't the one who put the gas in the bottle. And of course you couldn't sue the bottler, because there was no privity of contract between you and the bottler. Basically, consumers were screwed.

      But if that's the world you want to live in, I suggest you get cracking on that time machine!

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    4. Re:I smell astroturf by acb · · Score: 2, Insightful

      No; quite the opposite. I think that the fine was quite right, because this story is a simple case of false advertising, and that the "restaurant fined for not updating their web pages" spin put on it by various news articles smells of having an agenda behind it.

      Some of the stories about frivolous lawsuits that have been circulated allegedly have been planted or spun by corporate lobby groups with their own agenda (namely the rolling back of product-liability laws); hence my analogy. Both cases sound like soecial interest groups trying to marshal public opinion in favour of rolling back legislation that protects consumers from unfair business practices.

    5. Re:I smell astroturf by charlequin · · Score: 1

      http://www.atlanet.org/ConsumerMediaResources/Tier 3/press_room/FACTS/frivolous/McdonaldsCoffeecase.a spx Please don't trot this chestnut out again. It's quite well established that the case was reasonable and the woman was injured by coffee that was hot to a dangerous degree. Anyway, I don't really understand how "the market" is supposed to solve anything when market forces are supposed to be defined by informed consumption yet you support the use of disinformation to mislead customers.

    6. Re:I smell astroturf by nberardi · · Score: 1

      >> Basically, consumers were screwed.

      Well luckily there is more than one resturante in the city.

    7. Re:I smell astroturf by Anita+Coney · · Score: 1

      And under your system, ALL those restaurants could lie to their customers.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    8. Re:I smell astroturf by nberardi · · Score: 1

      Hey if the customers select the restaurants that lie to them and keep going to them, who is at fault? Fool me once shame on your, fool me twice shame on me. I have walked out of places where I thought the prices were too high before. People need to grow up and stop thinking that everything needs to be micro-managed by government.

  61. It's not a snobbery thing by ishmaelflood · · Score: 1

    Real engineers are professionals. They can be (and are) sued if they make a mistake. I would be most interested to hear of any IT 'engineer' who was prepared to sign up to that.

    Just in case you don't know, to qualify as a PE means completing a reasonably difficult degree, passing two further exams, and 4 additional years of supervised training.

    So, code monkey, we protect the term engineer because it /does/ mean something.

  62. Re:I got a good deal on a digital camera that way. by ArsenneLupin · · Score: 1
    As a result, the clerk called the owner/boss, who asked them if the lower price was actually on the site, and had a detailed description of what was included in that price, and when it was validated, he said "well, give that stuff to him at that price... and CHANGE THE WEBSITE. " The site was changed while I was still in the store paying for my camera.

    Hmm interesting... *Rushes off to find on online shop with an ASP/MS Sequel Sewer website*

  63. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  64. So is computer illiteracy the new blanket excuse? by Moraelin · · Score: 2, Insightful

    I fail to see why it's excusable to advertise false (lower)prices, just because it's on the Internet.

    Here's a novel idea: If they didn't plan to update the prices on the site, how about not writing any prices on the site to start with? Prices are _not_ static constant content by any stretch of imagination. If they run a shop, mom-and-pop or not, they already know this.

    I don't think they'd print a huge batch of menus/posters/fliers/whatever and keep using them for years after the prices changed, either. So they already _knew_ that prices change.

    So sorry to rain on your parrade, but I don't see it as an excuse. Anyone who got made a web site by a web master, and saw _prices_ on that page, should have at least asked "well, what if those prices change"? Again, anyone who owns a shop or ever _worked_ in one even as a temp, that's the _first_ thing they learned about prices.

    So here's a novel idea: if they werent malicious, they're complete cretins. And I fail to see why idiocy should be an excuse.

    --
    A polar bear is a cartesian bear after a coordinate transform.
  65. Law-dot right here: by tepples · · Score: 1

    And, once again, this has *nothing* to do with my rights online. How's that Legal section coming along, Taco?

    See Law-dot.

  66. Disclaimer by Anonymous Coward · · Score: 0

    Just like any other advertising, you add the disclaimer, prices correct at time of going to press, and put a date on the webpage.

    Then if you read/rely on an out of date advert, it's your own fault.

    1. Re:Disclaimer by TheAwfulTruth · · Score: 2, Interesting

      Unlike other advertising, web pages can be updated instantly along with the menus. How often do the menu prices change anyway? Is it completely unreasonable to expect that the information on a companies website be atleast somewhat accurate?

      With print, yes, a 6 month old magazine in a doctor's office might contain outdated info. A website should not, ever, contain outdated info. Especially realted to pricing. It is inexcusable under any circumstances. People expect that a websites prices are in fact the real prices.

      I have to say that having a commercial website with out of date prices is dangerously close to bait and switch. I sure don't want to see websites all over the net suddently doing things like advertising the latest nvidia graphics card for $49 with a tiny disclaimer at the bottom saying "prices may not be accurate".

      --
      Contrary to popular belief, coding is not all free blow-jobs and beer. Those things cost MONEY!
  67. Re:Indeed, why IS it being treated as a special fo by charlequin · · Score: 1

    If it didn't have a date listed and some sort of "menu may change without notice" tag, then it's implicitly advertising it as the current menu. Use common sense here.

  68. "Prices valid through March 31, 2005" by davidwr · · Score: 3, Insightful

    Put an prominent expiration date on all your web sites and you won't have this problem.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:"Prices valid through March 31, 2005" by TheAwfulTruth · · Score: 2, Insightful

      Insightful?

      Why bother having a website at all if you just build it and forget about it?

      How about:

      1) Keeping your website up to date. Isn't that what it's there for? To inform people about you, your buisness or your products?

      2) Don't put information up that expires. If you are really lazy, just put your logo, description and address. Then there is no updating required.

      Putting up "factual" information then letting it go out of date but warning people that it may be out of date at any time is just stupid.

      --
      Contrary to popular belief, coding is not all free blow-jobs and beer. Those things cost MONEY!
  69. Re:Nonsense! , You must be new! by lcsjk · · Score: 1

    You must be new to slashdot!

  70. The Breakfast Club by Anonymous Coward · · Score: 0
    Ha, maybe we can sue them for not using real bear in their Chicago Bear Burger.

    (Yes, I saw they listed the ingredients as beef.)

    Lionel Hutz: "Mr Simpson, this is the most blatant case of fraudulent advertising since my suit against the film, The Neverending Story"

  71. Two hours huh? At least you checked online first. by Anonymous Coward · · Score: 0

    I was living in Nashville, TN, USA when they closed OpryLand. (Think DisneyLand for rednecks.)

    For the next few years I was regularly amused while out and about town by several different versions of the same conversation...

    "Excuse me, miss? Do you live here?"

    "Yes. Yes I do. Can I help you with something."

    "Yes maam, my family and I have driven across country in this compact-sized car to visit OpryLand. However we seem to be having a little bit of difficulty finding it. Would you be able to steer us in the right direction please? We'd greatly appreciate it!"

    "Uh, I hate to tell you this but OpryLand closed. They sold everything off but the mall."

    "Ha ha, you have a wonderful sense of humor young lady! But seriously now, could you please give us directions?"

    "No, I am being serious dude. OpryLand is closed. It is no more. Gone. I'm not making a 'National Lampoons Vacation' joke either. It's gone."

    "..."

    "....."

    "........ ARE YOU FU**ING _KIDDING_ ME?!???!???!?"

    >:D

  72. Re:Indeed, why IS it being treated as a special fo by sahonen · · Score: 1

    A web site is like a flyer that gets printed up every time the customer accesses it. That's the difference here. Presumably, if you changed all your prices you would have to change all of your in-store material such as menus and signage anyway, the web site is part of that.

    --
    Make me a friend and I'll mod you up
  73. javascript is the answer! by Anonymous+Cowpat · · Score: 1

    javascript:about(document.lastModified)

    Assuming that the page doesn't have a counter that's a pretty good measure of how recent the information is. Browsers need a button that will run that, it would save everyone a lot of time.

    --
    FGD 135
  74. Devil's Advocate by aggies11 · · Score: 1

    So if I find a newspaper from 3 weeks ago, and in it is an advert for a restaurant with a list of prices, (that have since changed), is that still considered false advertising?

    Obviously not. But what if the website info was true when it was posted? Then just forgotten about or not updated.

    People understand that newspaper information is time sensitive based on when it was published, shouldn't that also apply to information on the internet? A web page is never "real-time", it is merely information pertaining to the date it was published.

    I'd say this issue isn't as cut and dry and one might think.

    Aggies

  75. that menu was so old ... by porky_pig_jr · · Score: 1

    it had human meat burgers ...

  76. Re:If the website was hosted outside of New Zealan by LesFerg · · Score: 1

    Well back in Dec 04, my wife and I had to wait an extremely long time before having drinks delivered and getting to order food, whilst watching new arrivals being seated and served in the mean time. I won't dribble on with details.

    The place usedta have great staff and good reliable food, but we were starting to wonder if there had been a change of owners, as the service was poor in relation to previous visits.

    I was wondering if a change in ownership may have been related to the lack of drive in maintaining the web site.

    --
    If I had a DeLorean... I would probably only drive it from time to time.
  77. watch out pricewatch sellers by iamhassi · · Score: 1
    next time i have a problem with a pricewatch seller I'm reporting their ass to the Commerce Commission.

    I've tried to buy PCs on pricewatch, but when you call to order they tell you certain parts are "out of stock" and you'll have to wait XX weeks or buy a different, much more expensive part. If you decide to wait they keep emailing you offering to "upgrade" to the better components. If you decline they finally email you and say they can't fulfill the order and cancel your order.

    I've had this happen more than once and next time I'm gonna report them.

    --
    my karma will be here long after I'm gone
  78. Current Advertising by jgoemat · · Score: 1
    I've seen people comment about bringing out of date catalogs into stores and demanding that they get the lower prices and people defending the decision saying that they were misleading customers, but no one has really touched on the heart of why this is different from normal advertising.

    If someone advertises their prices in a newspaper, on a billboard, on radio, or sends out a flyer, those prices had better be good while the ad is visibly advertising to the public. If you got a flyer or catalog in the mail a month ago, you shouldn't be surprised if you get into the store and the price has changed. When advertising on a web site, every time someone visits your web page you are publishing it's content to them. They should have the right to expect that the prices are current.

    I would expect them to get in trouble just like if they had posted a newspaper ad that day that used old menu prices. Customers had complained that the prices were different than on the web. The owners knew that and did nothing to change it. That would be like intentionally running an ad in the newspaper with the wrong prices because you didn't want to pay someone to edit it.

  79. Problem? by Jozer99 · · Score: 1

    How is this a problem? Sure, it may seem severe, but imagine that they were offering all sorts of awsome bargins, but refusing to honor them as expired, yet never taking them down. I would definitely be in favor of slapping them on the hand.

  80. "Perfect" information by Bob_Robertson · · Score: 1

    Perfect information is indeed impossible. You don't know how to produce a pencil any more than the person who collects rubber-tree sap for the eraser or the person who digs graphite for the lead does, yet they are integral to the production of that pencil.

    That is why the division of labor exists. Each individual knows his own effort best. Communication of this knowledge is by price. If I can produce something cheaper than someone else, I will sell more of it than they will. My price communicates the efficiency of my process.

    By buying, the information that I am producing something people want is communicated. I don't have to know, for instance, that there has been a fall in the demand for pencils. The fact that my latex rubber isn't selling as well as it used to is enough for me to look to more efficient uses of my time.

    It is only in a "free" market that such communication can exist. Price controls, tariffs, legal obstructions such as licensure and grants of limited liability, prevent the flow of this information. Inefficient processes are maintained, innovations are squashed, vested interests profit at the expense of the consumer.

    There is no valid criticism of the "free" market. Every criticism I have ever read has been about the results of various interferences by governments. Urban sprawl? The result of zoning. Raw sewage in the government owned rivers? The result of government owned "sewage treatment" plants.

    Enron is an excellent example, a business created out of nothing for the purpose of profiting on the trade in government pollution credits, government contracts, and government regulations. Enron corrupt? Don't act surprised. To blame the "free" market on such failures is irrational.

    I recommend pretty much anything written by Ludwig von Mises, Murry Rothbard, or just read the daily articles on http://www.mises.org/ for a little while.

    They even have a blog where you can educate them about the "valid" criticisms. You may even be right, and I assure you your posts will not be deleted just because you challenge their preconceptions.

    Bob-

    --
    The Ludwig von Mises Institute. The reasoning individuals economics