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Toys 'R' Us Wins Suit Against Amazon

theodp writes "Having prevailed in its bitter lawsuit against Amazon.com, Toys 'R' Us will create a new and independent Web site. A NJ judge found Amazon breached its agreement and ordered the two companies to sever their partnership Thursday. In a 131-page opinion, the judge termed Amazon's attempts to throw out e-mail evidence on the grounds that Internet communications lack reliability 'incomprehensible' and took a dim view of the testimony of some Amazon execs, including CEO Jeff Bezos' candor and 'rather childlike' explanations."

157 comments

  1. TRU/Amazon Bargaining by airos4 · · Score: 4, Interesting

    I always wondered why for what was supposed to be Toys R'Us online presence, you could generally find the same crap cheaper through the same website. Interesting to hear; interesting how long it will take TRU to get their act together and start selling themselves.

    --
    I wish there was a choice that said "Factually Wrong -1" when I mod.
  2. RE: credability of internet evidence by Anonymous Coward · · Score: 1

    I agree somewhat on the lack of credibility point, it's extremely easy to fake emails.

  3. and they are by doubtless · · Score: 4, Funny

    naming the new site Amazon'Rn't Us.com

    --
    geek page at KY speaks
  4. "rather childlike"? by The+Original+Yama · · Score: 3, Funny

    I would have thought that Toys R Us, with its years of experience in marketing towards children, would have more childlike explanations. Oh well :)

    1. Re:"rather childlike"? by Winlin · · Score: 2, Funny

      Actually, they have more giraffe-like explanations :)

    2. Re:"rather childlike"? by symbolic · · Score: 1

      No, it's just that Amazon thought it could benefit from the methods endorsed by the Microsoft School of Legal Obfuscation: Deny it all! Deny it all! Deny it all! Deny it all!

  5. FRTFA by anagama · · Score: 3, Funny

    131 pages? Screw RTFA!

    --
    What changed under Obama? Nothing Good
    1. Re:FRTFA by Anonymous Coward · · Score: 1, Funny

      131 pages?

      That's how a judge expresses his opinion. I guess he has many of them.

      I wonder if: it's really the judge who wrote it (or dictated it), or some intern, and whether the judge (or anyone for that matter) actually -read- it.

  6. Still up, though by CRCulver · · Score: 1

    You'd think that as soon as the judge permitted the dissolution of the relationship, all mentions of Toys 'R' Us would be gone. But the Toys 'R' section of Amazon's site is oddly still up at this hour.

    1. Re:Still up, though by itzmejoey · · Score: 3, Informative

      The dissolution will take months to resolve. No way in hell it's going to be an instantaneous "flip the switch and they're gone" type of thing. The amount that TRU brings in each month online is not pocket change (I deal quite a bit with their web-based transactions), so they're not about to just shut web sales down. They are, however, working on their own site, which should be up sometime this summer. I fully expect the partnership to continue until there's an alternate channel.

  7. contract by phantomfive · · Score: 5, Insightful

    I didn't realize that Toys R' Us was in a lawsuit with Amazon. Seems back in 2000 they agreed to work together in the online world with a 10 year contract. Toys 'R Us thought they had an exclusive contract with Amazon, but when Amazon started selling things from other retailers Toys 'R Us wanted out (understandably). Amazon tried to force them to stay.

    Rather lousy thing to do if you ask me. Good business is about building mutually beneficial partnerships, not about beating up your neighbor and taking his lunch money. If I owned a company I would be wary of doing business with Amazon.

    --
    Qxe4
    1. Re:contract by Anonymous Coward · · Score: 2, Insightful

      But as a customer, you should love them for it because it creates a competitive marketplace and allows you to buy the product from the best seller.

      Amazon allows other companies to compete with their own products also.

      If you ask me, Toys 'R us just doesn't understand the long term strategy of trying to create sales lift by aiming to provide the customer with the best price. The idea is that in the long run, the sales lift created by the competitive marketplace will out pace the loss from having competitors on the web site. I guess Toys 'R Us just doesn't have the wal mart mentality.

    2. Re:contract by larry+bagina · · Score: 1
      I guess Toys 'R Us just doesn't have the wal mart mentality.

      Wal*Mart is eating their lunch. It really doesn't matter how low TRU prices stuff, They'll never sell as many toys in July as December. Meanwhile, Walmart can sell just as low and brings in traffic all year long to buy standard items... plus a toy or two for their mouth-breathing, can't-be-bothered-with-contraception child. (Now you know the real reason they won't sell RU 486 :)

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    3. Re:contract by Anonymous Coward · · Score: 0

      Good business is about building mutually beneficial partnerships, not about beating up your neighbor and taking his lunch money. If I owned a company I would be wary of doing business with Amazon.

      And that is why you don't own a company of consequence. Business is about making money, not being some kind of 'good neighbor' to competitors.

      TRU tried to do their own website. Like many back in the day, they FAILED. Miserably. They probably bought into the same song and dance about how easy it is to copy Amazon. With very few alternatives available, they paid Amazon for a first class web presence and they agreed to the terms.

      I worked at 'zon back then. There was never any exclusivity, whether from a business process perspective or in regard to the technology to support it. Oh sure, amazon was extremely shrewd in their biz practices and with partners.. ACN, "tab a day", oh the stories I could tell..

    4. Re:contract by CastrTroy · · Score: 2, Insightful

      I don't think most parents would bring their kid into a TRU because it would just be too much trouble. Unless they are actually planning on buying something, I don't think most people go in. I know that kids should be able to understand no means no, and just because you're in a toystore, doesn't mean that you're getting a toy. But that isn't in general the way things work for most kids. Parents bring their kids to walmart because they have lots of different things to buy. TRU is kind of a specialty shop that you don't go to unless you specificly need an item and they have the best price. Which isn't very often.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    5. Re:contract by porcupine8 · · Score: 1
      Well, or if you've dragged them around to the other stores in the super-strip-mall (Bed Bath & Beyond, Old Navy, etc) and want to reward them for good behavior just by letting them *go* to the toystore, even with no buying involved.

      How well I remember surviving endless clothes-shopping in a regular (non-strip) mall, on the promise that I'd get to go to K*B afterwards.

      That would be the main reason I'd see parents bringing their kids in.

      --
      Warning: Apple/Nintendo fangirl. Likes her electronics cute & cuddly. May be rabid.
    6. Re:contract by the_rev_matt · · Score: 1

      I would argue that kids who can't behave themselves in Toys R Us are unlikely to be able to behave themselves in any store that has toys. And this is the fault of the parent, not the child. I have a 2 year old daughter who is quite well capable of being a pain in the ass about something she wants, but she also has learned the hard way who is in charge.

      In my experience, it's far less painful to go to Toys R Us than Wal-Mart specifically because you're not having to deal with the hordes of people. And as long as you do price comparisons online ahead of time, you can go get it when it's on sale at TRU and beat the WM price as well.

      --
      this is getting old and so are you

      blog

    7. Re:contract by SocietyoftheFist · · Score: 1

      You've got that right... I only went to malls for the toy stores and video game/computer stores. I hated every other store my mom dragged me in to.

    8. Re:contract by Anonymous Coward · · Score: 0

      "but she also has learned the hard way who is in charge."

      Way to go, tough guy.

    9. Re:contract by Profane+MuthaFucka · · Score: 0, Flamebait

      A blastocyst is not a living person, and if you think it is, you are an ignorant fuck. Yes, if you're offended, you deserve it.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    10. Re:contract by Androclese · · Score: 1

      Looking at it from TRU's perspective, Amazon.com did a lot of damage to Toys 'R' Us by watering down their Corporate Brand. First, by associating them online with Amazon.com (TRU's fault) and second, by having the same type of retailers in the same web space.

      TRU became, in perception, just another tab on Amazon.com and less than what they should have been; The Number One toy retailer.

      This break should allow them to regain their independent corporate identity.

    11. Re:contract by Anonymous Coward · · Score: 0

      You need to get right with Jesus, friend.

      And watch the potty-mouth, this isn't a grade school playground.

    12. Re:contract by DGregory · · Score: 2

      I took my kids to TRU just yesterday... just to poke around and waste time. The kids love looking at the toys, and I like keeping them happy and not trashing our house. I ended up buying Bambi II and Lady & The Tramp DVD's.

      TRU has by far the best selection of any place to buy toys. I bought my daughter the Loving Family Twin Time Dollhouse for Christmas and both Target and Toys R Us carry the stuff, but Target has only a couple small accessories while TRU carries a wider selection. But the widest selection was online on the TRU/Amazon web site. Although the shipping will kill you.

      So I could either go to a bunch of different stores to see what they have and if I want any of it, or I could go to TRU and just get it and be done with it.

    13. Re:contract by Profane+MuthaFucka · · Score: 1

      I'm an atheist. Keep your $DIETY to yourself.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
  8. Re: credability of internet evidence by Anonymous Coward · · Score: 3, Insightful

    The article is horrible (it ends in the middle of a sentence!), and it is impossible to say exactly what Amazon was claiming regarding the emails. It talks about Amazon claiming hearsay, and then talks about the judge saying things about the realiability of internet communications. Either the author of the article or the judge seems to be using a non sequitur. It just makes no sense.

    And she repeatedly complained about the ambiguous use of language in memorandums, contract agreements and discussions, concluding that "the language as drafted whether intentional or inartful gave Amazon the words to play the game their way."

    If the language was so ambiguous, wouldn't it also give Toys 'R' Us the "words to play the game their way (emphasis added)"? And what does she mean about memorandums and discussions. I didn't know memorandums and discussion had to be written and spoken in accurate legalese. If the article is accurate (and I'm interpreting it correctly) it sounds like the judge is siding with Toys'R'Us just because they entered into a bad contract!

    Again, the article doesn't tell us much, but it looks like Amazon has good grounds for an appeal. The judge can't just throw out a contract because its a bad deal for one side. And the judge can't allow hearsay, which it sounds like she's done. I mean, it sounds on the one hand that she is chastising Amazon for wanting to (rightly) exclude hearsay, and on the other hand is chastising them for the quality of that hearsay!

  9. Amazing! by seebs · · Score: 3, Insightful

    So, a company which spams, files frivolous patents, files lawsuits based on an allegedly "purely defensive" patent portfolio, pretends to oppose the current patent system while systematically abusing it, and is consistently "the worst neighbor we can get away with being" as a matter of policy...

    Failed to act in a forthright manner?

    Amazon? DECEITFUL? HOW CAN THIS BE?!?

    Oh, that's right. They've been like this since day 1.

    What amazes me is the number of apologists who will do anything but admit the plain reality. Amazon sucks. We would be better off with pretty much any other company replacing them.

    --
    My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    1. Re:Amazing! by Jack9 · · Score: 4, Informative

      We would be better off with pretty much any other company replacing them.
      See SCO, see Sony, see Infinium. You're a little bit ignorant to be playing the "I can run a company better" game. Plz suggest an equivalent company rather than making false blanket statements.

      --

      Often wrong but never in doubt.
      I am Jack9.
      Everyone knows me.
    2. Re:Amazing! by xtracto · · Score: 2, Informative

      Darn, I did not know that amazon was that bad, anyway there are some other options like Barnes and Noble, and in some cases, if you look in google you can buy the book almost directly to the author/publisher.

      Now that you say all that, I remember sometime in the past my brother bought something like 5 CD's from Amazon (we have always bought CD's to them easly), unfortunately none of them arrived and after two months he tried to contact Amazon but of course he did not got any kind of reply, so his $100 were stolen by Amazon.

      After that, we changed to CDUniverse to buy CD's (we continue to preffer having the complete plastic product w/booklet, I personally rip them to OGG-6). Although I have not bought from them in a long looong time (it is sad, as I really want to buy some Cd's but, I find that they are too expensive...).

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    3. Re:Amazing! by localman · · Score: 1

      On our way :)

    4. Re:Amazing! by mejesster · · Score: 1

      If you never received a product, you should have contacted them, your credit card company and the Better Business Bureau to file a complaint. You have nobody to blame but yourself in this circumstance. Moreover, I've ordered many a CD from amazon including rare imports as well as foreign import DVDs and never had ANY problems that were not resolved with a minimal effort on my part.
      I'm not saying they're nice people or they are the most ethically oriented company out there, but they ARE a damn good online retailer.

      --
      MacroHard - Boning you in a big way! (TM)
    5. Re:Amazing! by seebs · · Score: 2, Interesting

      Okay, you managed to think of three other evil companies.

      How about, say, Powell's, B&N, Tattered Cover, Borders... There are less-evil companies.

      Anyway, where's the false statement? Amazon are lying scumbags. They have been abusive and evil since the day they came into play, they have dramatically harmed the state of the art in patent law, they have spammed... Why should we tolerate them just because Sony's nasty?

      --
      My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    6. Re:Amazing! by xtracto · · Score: 1

      Yeah, unfortunately mine was an international order (as I am from Mexico) and we tried to contact Amazon. Their only response is "Your case is being investigated".

      That plainly sucks.

      As for the BBB I am not from USA, so I do not think I can get there and comply.

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    7. Re:Amazing! by ArsenneLupin · · Score: 1
      And no, I don't agree with the spam comment. If you never use Amazon, you don't ever get an e-mail from them. Unless you're confusing those with third-party affiliate e-mails which are against the Amazon Associates program TOS.

      And even if you do order from them, you don't get spam (unless you count order confirmations and shipment tracking as spam...)

    8. Re:Amazing! by Anonymous Coward · · Score: 1, Interesting

      That's not true. If you have an Amazon account, you occasionally get 'updates' touting special offers on products they think you'd be interested in. It's opt-out rather than opt-in, so I can see how some people might class it as spam.

    9. Re:Amazing! by Aokubidaikon · · Score: 3, Informative

      I'm from The Netherlands. Once I ordered 4 DVDs from Amazon.com (US Site). When the DVDs failed to arrive I contacted Amazon. They send replacements immediately, no questions asked. Other than that, only good experiences with any Amazon site - and I've used four different ones in total.

    10. Re:Amazing! by freedom_india · · Score: 4, Informative
      I don't agree/believe you.

      My personal experience in ordering from Amazon from 3 continents (Australia/Asia(India)/North America(USA)) has been pretty good in past 6 years.

      I chose expedited shipping even if it costs more. I have ordered Star Trek Calendars from Sydney, Software Architecture books from USA and India, Audio CD's and Movie DVD from USA and each time they have delivered on time and correctly.

      The only time i faced an issue with them was their e-book store when i ordered Star Trek DS9 (post DS9 series) ebooks and i was somehow unable to download one of the three e-books.

      I complained to Amazon and they promptly refunded my credit card with the WHOLE bill amount for all 3 ebooks.

      I trust Amazon far better than Overstock; even though their items are slightly overpriced by 2-10 dollars. You get prompt delivery unlike Overstock.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    11. Re:Amazing! by freedom_india · · Score: 1
      NO. NO.

      Amazon NEVER spams you.

      As a user of Amazon for past 6 years and having ordered items from 3 continents, i have NEVER had a single SPAM mail from Amazon.

      Amazon may have abused Patent law, but then who hasn't? MSFT? IBM, Kodak?

      Amazon may be many things, but a spammer? NEVER.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    12. Re:Amazing! by pmc · · Score: 1

      I've never had any problems with them. I had a power supply die after about four months. After fruitlessly trying to get a warranty replacement from the manufacturer I contacted Amazon UK, and the sent out (after a bit of a mix-up) a replacement power supply (but the model up from the one I had) to fix the problem and refunded the original purchase as apology for the mix-up.

    13. Re:Amazing! by Anonymous Coward · · Score: 0

      In all the years of using amazon, I don't remember receiving one spam. Maybe I opted out when I joined. They've never failed to deliver a product either. Like most online companies, they make it very difficult to find a phone number to call so, if you run into a real problem you will probably be in e-mail hell but, hey, they are nothing special in that regard.

      For those suggesting CD Universe and other stores, you miss the point. On Amazon, you can get everything from a car stereo to a book, to a camcorder, to whatever. When you add in all their small affiliates (could be as small as a one-man shop) selling used and discounted products through amazon, you have quite an incredible super store. This makes amazon a one stop shop and the prices are generally among the best you can get anywhere. Or, look at it this way: amazon is an alternative to wal*mart--which hasn't seen a dime from me since 2001.

    14. Re:Amazing! by squiggleslash · · Score: 3, Insightful

      spams

      Not come across that myself. Never received an email from them to any email address other than the one I provided to them. The emails I do receive are in accordance with my preferences.

      files frivolous patents

      That's subjective

      files lawsuits based on an allegedly "purely defensive" patent portfolio

      So far as I'm aware, they haven't sued anyone since the One Click fiasco five or six years ago. At that time, their patent portfolio wasn't been sold as "defensive". I note the FSF's boycott of them ended in 2002 as they'd stopped suing people. It is probably true that their current patent portfolio is defensive.

      pretends to oppose the current patent system while systematically abusing it

      Ok, I think you're repeating yourself, and you're also guilty of over-simplifying. They did fund a stillborn attempt to get evidence overturning process and software patents. It was nice that they did it, but it demonstrated in the end that the situation wasn't as clear as any of us would like. Amazon responded, I think rightly, by building their patent portfolio, as you need to if you want to defend yourselves against patent claims by other groups in the same climate. The question is, if Bezos et al had had evidence handed to them on a plate that "frivilous" patents can easily be over turned, would they be worried enough to build themselves a defensive portfolio?

      is consistently "the worst neighbor we can get away with being" as a matter of policy

      I've not come across any examples of bad neighbourliness, at least, not since the One Click fiasco.

      Now, on the other hand, you have to consider:

      1. Amazon is one of the most innovative and inventive companies on the 'net. From popularizing online commerce in the first place by creating one of the first safe, solid, buying portals, they've introduced a large range of concepts that have been copied and relied upon from everyone from Yahoo Shopping to Apple iTunes Music Store. My favorite feature is the integrated reviews system, largely uncensored (Yes, you can find an example of someone who had their reviews removed, but a quick look at the majority of products will find bad, scathing, and even insulting, reviews in abundance) and an excellent system to evaluate products.

      2. Amazon has one of the largest catalogues around, as a matter of policy. If they've found it exists, and it fits their categories, it has an ASIN. Even if they can't sell it, marketplace sellers can be very specific about the item they're selling, meaning buyers can be fairly confident about what they're getting.

      3. Amazon has excellent customer support. I've never had an issue unresolved by them. I rarely have problems in the first place. I've never met anyone who had a problem with them. They also act as an "honest broker" between third party sellers and buyers, and a reliable one, which is more than can be said for Paypal.

      These three facts between them are why, in the absense of current bad behaviour I do buy from Amazon. Of all online retailers, they're the most useful. Their inventive and innovative streaks do deserve support. And I can trust them.

      What amazes me is the number of apologists who will do anything but admit the plain reality. Amazon sucks. We would be better off with pretty much any other company replacing them.

      *Any* company? Heh. Good luck buying "War and Peace" from Staples.com...

      Anyway, that's simply nonsense. They have no major competitors on the "We sell everything front", with the possible exception of eBay/Paypal. There are the aggregators/portals like Yahoo Shopping, but there the consistancy and reliability of the information is awful. Then you have other companies that specialize in a particular field but don't necessarily have that wide a range.

      Rig

      --
      You are not alone. This is not normal. None of this is normal.
    15. Re:Amazing! by Bill+Kilgore · · Score: 1

      Amen! Great post. For crying out loud, if you don't like Amazon, don't shop there. There's absolutely no reason to call for their elimination or whatever. I've also had nothing but good experience with them, and I've been shopping regularly from Amazon since they were only a bookstore (ca. 1997). I've never had a problem that wasn't cleared up nearly instantly.

      --
      Rediculous: A word indicating the writer is ridiculously ignorant.
    16. Re:Amazing! by Anonymous Coward · · Score: 0

      I think Amazon as spammers is very old news. Before I'd used Amazon, I knew people that referred to them as Spamazon. They'd ordered from amazon and starting getting spam. But this was rectified by 1999 at the latest.

      What's the statute of limitations on being a spammer?

    17. Re:Amazing! by Anonymous Coward · · Score: 1, Informative

      I am one of those evil people that buy used books and used music CD's only and Amazon's used selection blows away 99.997% of all used or bargian book stores in technical books.

      When I can get a book that is 3 months old and normally sells for over $59.95 for $1.99 with $4.99 shipping because the cover is a tad dirty I'm going to do it. Most technical books are horribly overpriced and the publishers know it. Am I hurting the little guy? Maybe. But I would rather buy my 5-10 SQL books for around $100.00 total than spend nearly $500.00 for them.

      Same goes for music. I have not paid more than $3.99 for a CD for over 3 years now because I refuse to buy new. And I get the joy of hurting the RIAA by buying used. :-)

    18. Re:Amazing! by IcerLeaf · · Score: 1
      My experience is much different. Every holiday season, Amazon spams my inbox at least once a week. I never tell any online (r)etailer they can email me. I always uncheck every last box that says "Yes, please send me annoying blather about our promotions," or "Yes, please send my email address to all your corporate buddies so they can sell me crap too." Yet every year I have this fight with Amazon. Every year, I find that my privacy settings have been magically reset. Every year, I have to send Amazon volumes of hate mail to get them to stop emailing me. It is a blatant, it is wrong, and I wish someone would sue their socks off...

      /me sticks quarter into Zoltan machine

      Oooo... My wish is granted!

    19. Re:Amazing! by Tony+Hoyle · · Score: 1

      Amazon still try to spam me regularly - I haven't bought anything from them in years.. After giving up trying to stop the spam (tried *everything*) I eventually made a rule that forwarded their junk direct to spamcop.

    20. Re:Amazing! by Milican · · Score: 1

      Sorry to hear about your brother. In hind site I'm sure he would have contacted Amazon earlier.

      While we're throwing out anecdotal evidence I'll throw out mine. I've had nothing but good experiences with Amazon. I originally boycotted them for many years (maybe 3 - 5) because of their frivolous patents. Then I decided to give them a shot.

      I do alot of online shopping and I now order hundreds if not thousands of dollars of merchandise from them. I have not had a single problem. In fact, I'm an Amazon Prime member and I love how I can get my computer books the next day from them for only $3.99 (plus the yearly $79.99 membership fee). The website is well layed out, the website learns what I like, I love the wishlists, and the reviews. When I go to shop I start at Amazon, and then branch out.

      Also, if you're looking for a cheaper way to buy CDs try joining BMGmusic.com. Once you count the free CDs they give you you pay somewhere between $5 - $7 per CD with shipping. Not a bad deal at all, and if you sign up a friend (*cough* your alter ego *cough*) you get four free CDs and only pay a few bucks shipping. Then you can make your high quality rips, and not be encumbered by stupid DRM.

      JOhn

    21. Re:Amazing! by StarvingSE · · Score: 1

      Can you, or someone else, please explain with examples why you have such a negative feeling towards amazon? I haven't really been paying attention to their business practices, but then again I haven't looked up much info on them either.

      I know personally that I have never been spammed by them. I have actually never had any qualms with them. I find that they offer much better prices for textbooks than college bookstores and the company has saved me hundreds of dollars that way. Free shipping is nice too.

      btw... Borders, one of your less evil companies, is also teamed up with amazon.

      --
      I got nothin'
    22. Re:Amazing! by Anonymous Coward · · Score: 0

      Amazon is easily the best retailer as far as I'm concerned. They lead in convenience, selection, shipping (free shipping never takes more than 3 days for me) and recommendations. I wish other companies were half as good for just managing your orders. While the customer services sometimes needs an extra reply, I always got the result I was looking for in the end. The only thing I can fault them on is some of the pricing (particularly on DVDs).

    23. Re:Amazing! by porcupine8 · · Score: 1
      Unfortunately, Borders uses Amazon for their online sales.

      However, having worked for Borders, I definitely see them as overall un-evil. I never felt like I was trying to "sell" things, just helping the customers. Unlike another bookstore I could mention (*cough*Booksamillion) - worked there for exactly one day, couldn't take their "YOU MUST SELL DISCOUNT CARDS!" attitude.

      --
      Warning: Apple/Nintendo fangirl. Likes her electronics cute & cuddly. May be rabid.
    24. Re:Amazing! by mgblst · · Score: 1

      I hate them because I went for an interview and they turned me down - ha, explain that one away!

      (Actually worked out better for me anyway)

    25. Re:Amazing! by mgblst · · Score: 1

      Nice one Jeff, I didn't find your explanations at all childlike - self serving yes, but not childlike.

    26. Re:Amazing! by DikSeaCup · · Score: 1
      I hate them because I went for an interview and they turned me down - ha, explain that one away!

      Um, you suck?

      Sorry - you left yourself open to it and I couldn't resist.

    27. Re:Amazing! by radish · · Score: 1

      Agreed. I use Amazon all the time, and have done for several years. I love the fact that they're one of the few retailers who will ship to any address, not just your billing address. I can order gifts for overseas relatives from their local Amazon site and get them delivered in a day or two.

      In the couple of occasions I've had a problem with them their support has been great. I ordered a camera accessory and the original one was lost in the mail. They sent a new one, overnight (even though I hadn't paid for shipping) and also refunded the order price in full - so I got it free.

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    28. Re:Amazing! by aknowles · · Score: 1

      I've also got spam from an address I only gave to amazon. the spam wasn't from amazon its form someone else, but it was TO an address I had only given to amazon. so I changed my address to amazon2@.... and then I started getting spam to that address. So I changed it to amazon3 and I've been getting spam to that address.

      someone at amazon is selling customer email address lists

      it's a good job gmail's spam filters are so good.

    29. Re:Amazing! by onflrez · · Score: 1

      Let's not forget to add another of Amazon's brilliant innovations: price changing. The price you see at a certain time on your computer could be radically different from your neighbor's computer next door. And several hours later, the price could be different too.

      This "innovation" has spread to other online retailers as well. Last week my mother tried to order a TV from BestBuy.com, only to have the price swing up by $30 before she reached check out.

    30. Re:Amazing! by JohnFluxx · · Score: 1

      The large number of stupid patents they have, such as one click shopping patent.

    31. Re:Amazing! by iamlucky13 · · Score: 1

      Barnes and Noble not evil? Man! It's been a while since you bought a college textbook...

    32. Re:Amazing! by pod · · Score: 1

      I had the opposite experience.

      My package was "lost" (actually misplaced by the person who received it for me), so I contacted Amazon a few days after I was supposed to get my $200 package, and without any further prodding they resent the whole thing, at no cost to me. I did eventually find the original package and sent the second one back.

      Of course, the fact that I've previosuly spent many thousands of dollars may have had something to do with it... but that's just good customer service.

      --
      "Hot lesbian witches! It's fucking genius!"
    33. Re:Amazing! by seebs · · Score: 3, Insightful

      Example 1: Patent lawsuits. Amazon filed a business-method patent. Amazon sued B&N over it. Business-method patents are plainly evil. Furthermore, Jeff Bezos very publically backed down... Sign of reform? Not hardly. Amazon is still filing business-method patents, still requesting secrecy so people can't present prior art, and so on. No actual change; just schmooze.
      Example 2: Spam. Amazon doesn't spam everyone, but then, most people will never meet anyone who knew anyone Ted Bundy killed. Amazon has in the past spammed. They have made people jump through hoops to get off lists they never asked to be on.
      Example 3: Everything from purchase circles on; Amazon doesn't do the right thing unless threatened or forced. Amazon starts with a default assumption that they have no obligation to behave in an ethical manner. Scratch that; Amazon has never shown any awareness of any kind of "ethical" concern at all. All they care about is public outcry.

      Conclusion: Amazon may, if actively policed and watched and given clear threats of retaliation for misbehavior, behave in a tolerable manner. They have never shown any interest in doing the right thing without being threatened. Even when they publically back down from a bad thing (say, Bezos talking about the need for patent reform), they may continue doing it if they can get away with it.

      To this day, Amazon has never acknowledged that there is a reason to prefer opt-in mailings. To this day, Amazon has not apologized for their frivolous lawsuit. Amazon has not stopped filing business-method patents, or declaring secrecy on their patents, despite allegedly realizing the problems with these practices.

      Amazon employees have posted to Usenet from Amazon IP space to defend Amazon's practices, while not admitting to being employees. When busted, the guy disappeared without comment. Did Amazon do anything about this? No. We reasonably infer that it isn't a violation of company policy for staff to pretend to be customers instead of staff and give "unbiased" defenses while on the payroll.

      In short, why would you ever trust them?

      Yes, it saves money. Slave labor saves money, too. Amazon cheats other people, abuses the patent system, and passes the savings on to you.

      --
      My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    34. Re:Amazing! by Anonymous Coward · · Score: 0

      I like Amazon. They've improved greatly. But they have 2 things which stink in my book, one which you address.

      First, the one you don't--packaging. Talking direct from Amazon, not other sellers. Sometimes really absurdly great, sometimes utterly WTF, sometimes "good intentions but clueless".

      And that sucks, because it makes me hesitate A LOT when I want to order through them. I don't know what Amazon I'm going to get.

      For example, their book packaging, where they use the shrinkwrap over a cardboard base--usually good. Except when they don't add material to the top to cushion or prevent the top book from getting flopped to hell. They usually glue the base down to the box, but that's usually stupid given how heavy many books are, works only for paperbacks not hardbacks.

      Larger items--Where they get the idea that that manufactures packaging is ALWAYS sufficient, or use a large box but those stupid air filled bags so the smaller box flops around. Peanuts. I'd pay a surcharge for good styrofoam or biodegradable peanut packaging, aka the type where you have peanuts surrounding the item on all sides (aka a cube, all 6).

      "3. Amazon has excellent customer support. I've never had an issue unresolved by them. I rarely have problems in the first place."

      Agree on the last part, definitely disagree with the start. I have few problems, but when I do, I find their customer support woeful. That said, they TRY, which is far better than most online places, and they have rather excellent intentioned representatives, but when something falls through the cracks, it falls through badly. Basically, their best outclasses anyone from buy.com or overstock, but they are not all the best. Pesonal cases:

      CD arrived with broken case--Contacted, said would send replacement case, never did. 3 contacts to customer service later, no replies (note this is through their web form, so you can't state email wasn't received by them; likewise, can't state emailed wasn't receivable by me, given I get their ad and order emails). I haven't bought a CD from them since. (I'm one who likes buying CDs, not an ipod/itunes person.) Strangely, I occasionally (say twice a year) order imports from Japan, which come packaged safer and better and with better handling from overseas than through Amazon and UPS.

      DVDs--Similar issue. I buy my DVDs now at Walmart or similar, so I can see the casing of what I'm getting, and likewise order from specialty places that I know always pack well, i.e. anime DVDs.

      Furthermore and beyond the customer service issue, Amazon frequently plays pricing games on DVDs as well, which pisses me off. The past holiday season, they lost about $300 on orders from me because of this. I ordered the media elsewhere. It's horrible to go in to buy something, return 2 hours later, and find the pricing went up $12 for a single DVD (and higher than a competitor). Even now, you can go and see sets on Amazon that are priced higher than specialty stores.

      Wrong date on a receipt--Purchased one day, order day was another, not eligible for a rebate. Strangely similar experience with email contact--initial contact saying they'd look into it, nothing afterwards.

      Wrong refund--They screwed up a packaging badly. Had to email them 4 times, reps kept saying I was in the wrong re the refund (they agreed a refund was correct, just screwed up what was being refunded), despite it being clear they mixed up orders, and I was rather clear in laying out the issue. I blew a gasket in my last email, threatened to take it up with my credit card company, finally got someone who had a clue. Unfortunately, probably cost me more in time than getting the issue corrected.

      And that's just a few issues I've had with them.

      That said, they've saved me a LOT of money, they are convenient, but they are NOT the only place I shop at despite they COULD EASILY be and probably get another $3 grand a year in small to medium sized item buys from me, and probably another $2 grand for large

    35. Re:Amazing! by Anonymous Coward · · Score: 0

      I'm in Australia and I've ordered DVDs from amazon (To any member of AFACT reading: Get bent! They're legitimate R1s which thanks to the beancounters ain't going to recieve a local R4 release) for a few years, mainly stuff I can't find cheeper in any format here or with a english sub/dub eleswere, e.g. CDJapan, (And yes I got caught on the R1 GITS 2 as well - it's still on my DVD watch backlog too...) only once I've had problems with 'em on an order which was extremly late in arriving and they sent out a replacement shipment, free of charge from their Hong Kong complex.
      Then the darn lost order showed up, from Germany. Must've come by a slow ship & caught up in AusCustoms container backlog. Either way, I couldn't return the extra for the shipping costs weren't worth the hastle, was told to keep the extras and I still haven't managed to disposed of 'em.

  10. Typical. by Anonymous Coward · · Score: 0

    The dumbing down of these kinds of things just give more room for the media to maniupulate the story. Nothing to see here.

  11. The REST of the story... by PoconoPCDoctor · · Score: 5, Informative

    While looking for work a year ago, I attended a job search seminar - one of the persons I met there was a former executive at Toys R Us - he briefly summed up what killed the Toys R Us business model - Walmart.

    Walmart simply sucked away any profit margins the Toys R Us Franchise once had - especially during the biggest toy buying season - Christmas.

    According to him, going online with Amazon was a desparation move to gain some profitability back from Walmart - managed by Toys R Us execs who had not a clue about managing an online store.

    --
    "Let us raise a standard to which the wise and honest can repair" - George Washington
    1. Re:The REST of the story... by sjwest · · Score: 0

      My dad (europe based) was phoned up by a boilerhouse stock operation in america offering him shares in Toys R us, it came arround christmas time this offer too. Sounded fishy even then.


    2. Re:The REST of the story... by MS-06FZ · · Score: 1

      According to him, going online with Amazon was a desparation move to gain some profitability back from Walmart - managed by Toys R Us execs who had not a clue about managing an online store.

      Yeah, seriously... Anybody else remember the year before TRU partnered with Amazon? Their massive failure to do their promised holiday shipping was a well-publicized disaster.

      Without a doubt they'll do better now.

      --
      ---GEC
      I'm but the humble pupil, seeking to snatch the scratchbuilt pebble from the master's fully articulated hand
    3. Re:The REST of the story... by Anonymous Coward · · Score: 0

      The New Zealand company they outsourced part of their online operations to, OrderWare, couldn't see the
      problem with rounding down to "box count" individual item shipments (usually came to ZERO) or
      partial shipments (always undercounted) for billing purposes, while (in the same web app) actually
      shipping the item count. DUH! Talk about a "stuff just falling off the back of a truck" 3-way
      reconciliation disaster waiting to happen! Supply chain experts, my eye.

    4. Re:The REST of the story... by WolfZombie · · Score: 1
      what killed the Toys R Us business model - Walmart.

      It is interesting to see a process go round full cycle. Back in the day, Toys R Us killed the local toy stores business model. Goes to show that a business model has to evolve with the times in order for a company to stay profitable.

      It will be interesting to see what business model takes over the Walmart's success.
    5. Re:The REST of the story... by planetmn · · Score: 1

      Exactly. There is always a bigger fish in the ocean that will eat the current one. I make it a point to not shop at Walmart. I hate them, the stores are filthy, they only carry crap, and if you look at studies, the prices aren't actually cheaper.

      But the interesting thing is, Toys R Us didn't have a typical Toy Store business model, they had a Walmart business model. They never had people who just knew the product and could help out, they just had a large selection and rather than low prices, just slightly lower than the local toy store.

      But I'm amazed at the people who love Walmart. There are so many people who buy virtually everything at Walmart. I try to convert them to Target (I personally like Target, they seem to be better, give a lot more to charity and don't seem to run over the little guy - at least as much), and I drive out of my way to go to Target rather than Walmart, but people just won't change. All the negative PR, and still, what I hear is "yeah, but they're cheaper."

      Having moved to a new area, I've been searching for the local places, the hardware store, the toy store, the book store, etc. and they're out there. But there are so few of them now, and you have to pay such a premium, that most people don't even bother.

      --
      /., where "Apple and Google provide Iran with nukes" will be refuted with "But Microsoft is a convicted monopolist"
    6. Re:The REST of the story... by bill_mcgonigle · · Score: 1

      he briefly summed up what killed the Toys R Us business model - Walmart.

      And by that you mean, Toys R Us doesn't have any compelling advantage over Walmart. They offer slightly more selection, but the staff is just as clueless, the prices are higher, and the lines are longer. Plus you can't pick up ammo and milk at Toys R Us.

      Walmart out did them in the 'big box of shelves with no value added' business and now they're crying about it. Call the waaambulance and support your local toy store.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  12. Brick and mortar retailers light bulb comes on. by Anonymous Coward · · Score: 0

    A lot of brick and mortar companies didnt have an infrastructure in place to handle a large ecommerce presence several years ago. Amazon did so they all just went with the Amazon portal thing. Today most companies are far more aware of the web, technologies etc.

    Eventually you will lose control of your online business to Amazon. I wondered when one of these companies would come to that realization. Web presence is no longer just a trivial thing. Wonder whos next? Target?

  13. In other news: Shopping online unreliable! by PC-PHIX · · Score: 5, Insightful

    Amazon's attempts to throw out e-mail evidence on the grounds that Internet communications lack reliability

    Wah?

    I hope I am not the only person that thinks this is a total contradiction!

    Yes, shop online with us... Sure, purchase goods using the Internet... Absolutely, we can email you a new password/invoice/receipt number... Use email to communicate for business purposes - you must be F&*king crazy!!!!

    If I tried to explain why, in this day and age, when running an entire business empire online, I considered "Internet communications" unreliable, I think my efforts would end up "incomprehensible" too!

    --
    Optimist: The thumb drive is half empty! Pessimist: The thumb drive is half full...
  14. Re: credability of internet evidence by larry+bagina · · Score: 4, Informative
    The judge can't just throw out a contract because its a bad deal for one side.

    It certain circumstances, where a contract is unfair, a judge can declare it invalid. However, in this case, the judge didn't "throw it out", he found that Amazon.com breached it.

    --
    Do you even lift?

    These aren't the 'roids you're looking for.

  15. Where's the Judge's Decision? by putko · · Score: 1

    Where is the judge's decision that attacks Bezos and the position that Amazon took?

    I'm hoping to read it, because I'm leery of articles that paraphrase this stuff -- I always like to read the original source.

    --
    http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
  16. My fellow American by Josh+teh+Jenius · · Score: 2, Insightful

    If I may be deadly serious for a moment: my pals and I have sent each other "spoof" emails as practical jokes for years now.

    Am I the only one who finds it extremely dangerous that email is accepted as "evidence" in 2006 by people who can't begin to understand "this tech stuff"?

    Yikes.

    --
    Math is math. Regular expression is regular expression. The tools are there. The future is now.
    1. Re:My fellow American by Aladrin · · Score: 2, Interesting

      I see nothing saying that Amazon said they didn't send/receive the emails, only that they claimed email was an unreliable communication method. Compared to the instant communication of phones, it IS unreliable. We had a situation at work this week where I was working with a programmer in another company and one of the emails either didn't make it, or wasn't seen. A week went by before anyone complained. We finished the project that day.

      Unreliable communications is not an excuse for breaching a contract. It's up to BOTH companies to use reliable communication. If Amazon thought email wasn't reliable, they shouldn't have used it. The should have insisted on a more reliable method.

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    2. Re:My fellow American by dodobh · · Score: 1

      The technology for validating email has been present for years. GPG, PGP, S/MIME...

      --
      I can throw myself at the ground, and miss.
    3. Re:My fellow American by Politburo · · Score: 1

      Yes, you are. If you're going to use email for business, don't be surprised if it comes back to bite you in the ass.

    4. Re:My fellow American by turbohappy · · Score: 1

      Video can be faked pretty handily and it still seems to be a gold standard of proof. I've been concerned about THAT one for years now.

    5. Re:My fellow American by squiggleslash · · Score: 1
      Ironically, last time I spoofed an email, as a joke, it was supposedly from Jeff Bezos, "responding" to a complaint about Amazon from a co-worker, which started off as a reasonable response but got steadily more ridiculous as it explained how virtually everyone involved in the thing he was complaining about had just been fired.

      That said, while spoofing emails on a one-off basis is clearly possible, it becomes more difficult to claim that the system is unreliable when you start talking about email threads. Then you're looking at a bunch of people responding to one-another. If the co-worker had responded to the email, and I'd put Jeff's real email address on the Reply-To: line (which, needless to say, on the off-chance he took it seriously before I had a chance to set him straight, I set to my own address), the fact it was fake would have been revealed immediately. The email thread would have been something like:

      From: C. Oworker

      Amazon sucks! You did X and Y and Z and...

      From: "Jeff Bezos"

      Dear C. Oworker, I'm sorry to hear about the problems you had with your recent order. I've ordered an investigation and in the mean time, I've fired everyone involved, and informed all of our competitors and other potential employers of these people how incompetent they are...(etc)

      From: C. Oworker

      Wow! You're the best. Thanks for dealing with my issue in such a thorough manner.

      From: Jeff Bezos

      I think you've been had. I never sent the email you quoted. You need to contact the FBI.

      Such a chain would not be the case if the thread was genuine. Certainly, Bezos wouldn't respond to a reply to a bogus email with, say, "You're welcome. We always do our best to have top notch customer service" or something like that.

      --
      You are not alone. This is not normal. None of this is normal.
    6. Re:My fellow American by 99BottlesOfBeerInMyF · · Score: 1

      Am I the only one who finds it extremely dangerous that email is accepted as "evidence" in 2006 by people who can't begin to understand "this tech stuff"?

      Sure e-mail can be faked, but most companies have records of what they send and receive. When one company says, "hey we have this e-mail from you" and the other company replies with "we never sent you that and coincidentally for some reason that whole day worth of e-mail has been deleted from our servers, but no other days" it looks very suspicious. Then when evidence is presented showing that second company intentionally deleted the records right after it was presented in court, well I'd say that is pretty good evidence that the e-mail is genuine.

  17. spoof? by Joseph_Daniel_Zukige · · Score: 1

    Can't tell from the article if it applies, but I can sure think of a few reasons why e-mail is not the best evidence.

    Does the livedoor mess make it into the English news?

    1. Re:spoof? by rkcallaghan · · Score: 3, Insightful

      Can't tell from the article if it applies, but I can sure think of a few reasons why e-mail is not the best evidence.

      I was thinking about this, and you know, Google gets a lot of flak for the storage-archive-nothings-ever-deleted thing; but could this be at least one positive side for most people?

      I mean, really, it would be pretty preposterous to suggest that most people are capable of hacking and forging email on Google's servers, complete with Google's logs and metadata on the message transmission. Compared to a company's (or a person's) own private servers, it seems having a reputable 3rd party involved would add legitimacy in this case.

      Thoughts?

      ~Rebecca

    2. Re:spoof? by yasth · · Score: 1

      In this case I think Amazon is very happy they don't have a trusted third party involved. For most businesses, a trusted third party is going to bite them more often then not. (After all, if the turned over emails show no evidence of say sexual harassment, you can't get a conviction on vauge intimations of unreliability) So more or less the burden of proof works against keeping unimpeachable records. (After all, a company is not going to depend on anything external that isn't in a contract.) Kind of sad really.

      --
      I'd do something interesting, but my server can't handle a slashdotting.
    3. Re:spoof? by AK+Marc · · Score: 1

      Can't tell from the article if it applies, but I can sure think of a few reasons why e-mail is not the best evidence.

      I can't. "On May 1, 2005 I sent an email to Amazon outlining the following: ..." Amazon's response, "Yeah, we got emails from them, but we deleted them all so they couldn't be used against us, um, I mean because the Internet is unreliable."

      When both parties have the email stored, one as a sent message and one as a received message, I'm curious as to why you think that would be too unreliable to be considered in court? Especially since both would agree that a message was sent and received at that approximate time, and only the contents would be under contention. It isn't about one rougue email being evidence to hold someone, it's about an ongoing email conversation of verified emails (assuming they talked on the phone occassionaly about the emails) where the content of the verified emails is what is the issue.

  18. Re:In other news: Shopping online unreliable! by Secrity · · Score: 1

    I don't feel that it is a contradiction, just incomplete. Without feedback and do-overs the Internet would be horribly unreliable. Email is unreliable, too many things can happen to it between the sender and the receiver, including being blocked by blocklists. Web pages are magnitudes more reliable because you know whether the operation that you just attempted has worked, and can go back and correct or rtry if it didn't work.

  19. Bottom line is... by ursabear · · Score: 1

    Twofold:

    We R Toys thought they were getting an exclusive wrap on all the toy-sales-hookup at Amazon.com; Amazon.com thought it was picking up brand recognition from We R Toys.

    In the end, Amazon.com was selling toys from other mechanisms, and We R Toys wasn't kicking the profits to the moon with the joint adventure.

    In the end, both parties (IMHO) have lost something here. Instead of just agreeing to void the contract and going their separate ways, they had to fight it out in an ugly and public way. Interestingly enough... of the many folks to whom I have spoken (over the past few years), at Christmas time, they didn't even know they were actually buying the toys from TRU - they thought they were shopping at Amazon.com. It's interesting how that whole deal morphed out.

  20. End of the super bargains - Screw you Amazon by NXprime · · Score: 2, Informative

    I'm happy for Toys R Us because basically, and I think a lot of other people thought this too, is that I was buying toys from Amazon.com. So at least they get thier brand identity back. It was nice you can return the stuff to any Toys R Us store, though.

    This does suck in a way as it'll be the end of the crazy super bargain deals where Toys R Us has a 33% off each item (3 item minimum) and an Amazon.com coupon for an additional %20 off that amount. It was a killer deal back in September where I got the Star Wars Lego Imperial Star Destroyer (reg price $300) for like 55% off. I'm going to miss those kind of deals. *sniff* *sniff* :).....

    However when my apartment office recieved it and showed it to me I could actually see the lego box a few feet away since the box lid tape was completely torn off. That was a scary moment, but it wasn't damaged. They also sent another large lego set WITHOUT ANY BOX WHATSOEVER! Just slapped a sticker on it and shipped it.

    So you know, I hope to god Toys R Us can ship things better than these bastards. I don't ever want the apartment management seeing what I got. So good riddence to amazon.com. Oh and don't even get me started with how I bought japanese jpop cd bootlegs from their zShops and didn't know about it for 9 months!

    1. Re:End of the super bargains - Screw you Amazon by Aagfed · · Score: 2, Informative

      you can return the stuff to any Toys R Us store Actually, at least here in Ohio, Toys R Us is falling on exceptionally hard times. In a fifty-mile radius there 1 (one) TRU store open anymore, and only 1 (one) Babies R Us left. All of the others, at least the ones located near malls, have closed. Which actually makes me wonder: why is K B Toyz still around?

      --
      GodDAMN Voltron is looking tough as hell standing here in my office! I wish my manager would walk by and see this shit!
    2. Re:End of the super bargains - Screw you Amazon by sdsichero · · Score: 1

      That's interesting... I've had dented boxes, but all of the items I have received have been in pretty good condition...

  21. Editor needed at MSNBC.COM by digitaldc · · Score: 2, Insightful

    According to the ruling in the case, Amazon.com has 14 fulfillment centers operating 24 hours a day except for Christmas and New

    Reuters contributed to the story.


    New Year's? New locations? New York? New London?
    Someone needs to RTA before they publish it.

    --
    He who knows best knows how little he knows. - Thomas Jefferson
  22. Toys R Us Kid by Anonymous Coward · · Score: 0

    CEO Jeff Bezos' candor and 'rather childlike' explanations.

    I guess he should stop acting like a ToysRUs kid now.

  23. Re:In other news: Shopping online unreliable! by Mannerism · · Score: 1

    From the article: "[Judge] McVeigh also rejected Amazon's efforts to defend itself by asking her to throw out e-mail evidence that may have included hearsay. She said she found it "incomprehensible ... that a corporation dealing primarily in Internet commerce finds Internet communications to lack reliability."

    Actually, your honor, I'd say that a corporation dealing primarily in Internet commerce would be an excellent judge of the reliability of Internet communications. As a consumer, I'm rather glad that they take a dim view of its reliability and apply the appropriate security measures -- measures to which the e-mails in question were probably not subject.

  24. Actually, the relationship with TRUS was complex by Anonymous Coward · · Score: 5, Interesting

    (Disclaimer: I'm a former Amazon employee who worked with a group that had a close relationship with TRUS)

    I think the TRUS relationship was weighing heavily on both companies. Amazon doesn't like to sell toys directly, as they're very difficult to manage in a supply chain -- they're bursty, vulnerable to all kinds of trends that are difficult to predict, and very fragile to ship. TRUS' technical staff was often frustrated by the weird working relationships imposed by our respective corporate bureaucracy. And finally, it really cramped Amazon's ability to create new products and services, since we were constantly having to consider whether a new feature would ruffle TRUS' feathers.

    I think both parties are better off with a divorce. It's quite a risk for TRUS to create a new online store from scratch, but they've got some good people who've had several years of experience working with Amazon. I wish them the best of luck.

  25. Re:Editor needed at MSNBC.COM by rfunches · · Score: 1

    It's a widespread problem across the entire MSNBC.com website. The site is crappy anyway, and the way they place the ads sometimes breaks the page (ad covers text) ***even*** when using IE.

  26. No, email *IS* unreliable by Colin+Smith · · Score: 1

    it's simple to spoof an email, I can send mail as jonathan@pcphi...com any time I want to. I can also alter mailbox information, mess about with mail headers, make it say anything I want it to.

    Sending sensitive information over email is as sane as sending it on a postcard... encrypt and sign it people...

    --
    Deleted
    1. Re:No, email *IS* unreliable by Dionysus · · Score: 1

      it's simple to spoof an email, I can send mail as jonathan@pcphi...com any time I want to. I can also alter mailbox information, mess about with mail headers, make it say anything I want it to.

      You can. But then you also have to make sure that it is the pcphi...com smtp server that actual do the delivery to my email server, otherwise the email will be thrown out of court because of invalid received by: lines. Even if you fake all received by: lines, some of the last lines should have been written by my email servers, which should have made a note where the connection came from. And if the last outside connection didn't match the pcphi...com smtp server...

      And you can change your mailbox, but then my copy of the mail would be different from your copy of the mail. And since I'm a company, I make backup, and all the backup (verified) email have the same email content (up to the point when I received the email, of course).

      --
      Je ne parle pas francais.
    2. Re:No, email *IS* unreliable by Your+Pal+Dave · · Score: 1
      it's simple to spoof an email, I can send mail as jonathan@pcphi...com any time I want to. I can also alter mailbox information, mess about with mail headers, make it say anything I want it to.


      This is also known as perjury, when presented as evidence in court. Oops, your civil case just became a criminal one...
    3. Re:No, email *IS* unreliable by geoffspear · · Score: 1
      I send email from home all the time using by work email address. All of it goes through my ISP's SMTP server, and none of it goes through my employer's SMTP server.

      According to your logic, this proves that I did not send the messages.

      Although I guess we should expect someone talking about "received by:" headers to actually know anything about how SMTP actually works.

      --
      Don't blame me; I'm never given mod points.
    4. Re:No, email *IS* unreliable by AK+Marc · · Score: 1

      it's simple to spoof an email, I can send mail as jonathan@pcphi...com any time I want to. I can also alter mailbox information, mess about with mail headers, make it say anything I want it to.

      so how about if Amazon has a bunch of received emails that are in the Sent boxes at TRU, and TRU has received emails matching ones in Sent boxes at Amazon? Should those be thrown out as unreliable? What if there is follow-up proof that the emails were received and were valid, such as phone calls and other correspondence that refers back to those emails, which both parties agree was sent and received?

      Sending sensitive information over email is as sane as sending it on a postcard... encrypt and sign it people...

      It isn't an issue of "sensitive" information. It is a matter of damaging information after the fact. Whether it was all signed and encrypted or not, Amazon would still want it excluded because it is damaging. In this case, signing and encrypting is worse because you can't claim later that it is as unreliable.

    5. Re:No, email *IS* unreliable by Moderatbastard · · Score: 0
      you also have to make sure that it is the pcphi...com smtp server that actual do the delivery to my email server, otherwise the email will be thrown out of court because of invalid received by: lines.
      Wow. IANAL but I bet that if it came down to it the other side's attorney would never think to suggest that you frigged the data at your end. Not even a little bit.
      --
      1/3 of jokes get modded OT. If you get the joke, mod 1 in 3 insightful/interesting/underrated to restore karma balance.
    6. Re:No, email *IS* unreliable by Bastard+of+Subhumani · · Score: 0
      it's simple to spoof an email, I can send mail as jonathan@pcphi...com any time I want to.
      This is also known as perjury, when presented as evidence in court. Oops, your civil case just became a criminal ...
      If I were a lawyer[1] and the case against my client revolved around an email, the fact that someone could do that would look to me more like reasonable doubt.

      [1] IANAL. I am however an argumentative gobshite who likes the sound of my own voice.
      --
      Only three things are certain; death, taxes, and apocryphal quotations - Ben Franklin.
  27. Mall Stores by scottennis · · Score: 1

    Anyone want to lay odds that Amazon starts opening mall stores?

  28. Re: credability of internet evidence by Anarke_Incarnate · · Score: 1

    The way that contracts work, if Party A drafts a contract to enter into agreement with Party B, should there be any ambiguity the contract is interpreted to the benefit of Party B as they did not draft the contract. This protects parties from being take advantage of by ambiguous statements made on purpose. If there is room for interpretation, then the contract could benefit Party A or Party B. Since Party A drafted the contract, it would be unfair for the ambiguity to benefit them.

    But IANAL

  29. Agreed, email is not legal evidence by glesga_kiss · · Score: 1
    If I tried to explain why, in this day and age, when running an entire business empire online, I considered "Internet communications" unreliable, I think my efforts would end up "incomprehensible" too!

    How's this for comprehensibilty?:

    I could fake a mail from you to Saddam Hussain stating that you would like to assasinate one of your political leaders for one hundred billion dollars. (hello to the security people now joining us, calm down, it's just an example). This email chain has dates and times.

    Now, try and prove to me the following: a) you didn't write it at all, b) it is exactly as first sent, c) the message was never sent in the first place.

    Computer logs are even less reliable than eyewitnesses. And eyewitnesses are pretty unreliable as well...as any lawyer/judge/cop.

    1. Re:Agreed, email is not legal evidence by westyx · · Score: 1

      You can fake an email, but you're unlikely to be able to fake conversations, where both sides have copies and backups of the emails.

    2. Re:Agreed, email is not legal evidence by Syberghost · · Score: 1

      How's this for comprehensibilty?:

      I could fake a mail from you to Saddam Hussain stating that you would like to assasinate one of your political leaders for one hundred billion dollars. (hello to the security people now joining us, calm down, it's just an example). This email chain has dates and times.

      Now, try and prove to me the following: a) you didn't write it at all, b) it is exactly as first sent, c) the message was never sent in the first place.


      I'd drop 8 years of outbound emails all signed with one of three PGP keys on the table, and drown you in a proponderance of the evidence.

      This is exactly why I sign even trivial emails.

    3. Re:Agreed, email is not legal evidence by glesga_kiss · · Score: 1
      You miss the point. The other person just has to say they never received them. Your server logs and archive emails are meaningless. Here in the UK, important post is sent "recorded delivery", where the receiver has to sign. Other countries will have their equivalents. THAT is evidence, it shows that the message was received.

      The absense of a bounce report in your logs shows nothing. All that your PGP signing does is ensures that the person on the other end cannot change your emails, or produce new entirely fake ones. It is something, but it's still heresay as far as a court will see it, unless the other person has the same messages, they can't don't prove anything.

    4. Re:Agreed, email is not legal evidence by Syberghost · · Score: 1

      You miss the point. The other person just has to say they never received them.

      You miss mine; I'd be able to show that I've sent thousands and thousands of emails to people, all signed no matter how innocuous.

      You'd have one email you claimed I sent that was important, which wasn't signed. You'd be hard pressed to prove I sent it, at that point.

    5. Re:Agreed, email is not legal evidence by Hognoxious · · Score: 1

      Aha! But you couldn't prove you didn't. Git yer ter gitmo, git yer directly ter gitmo, do not pass go, do not collect $CURRENCY_SYMBOL200.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  30. Re:Actually, the relationship with TRUS was comple by LordNimon · · Score: 1

    I also agree that this is a good move. I've been very frustrated with the TRUS "store" within Amazon. Countless times I've wanted to buy something only to find out that TRUS was selling it, which meant I also had to pay shipping AND tax. Maybe now Amazon will sell video games directly.

    --
    And the men who hold high places must be the ones who start
    To mold a new reality... closer to the heart
  31. Re: credability of internet evidence by mencik · · Score: 1

    The judge did not say the internet emails were not reliable. RTFA. In the article, it says:

    She said she found it "incomprehensible ... that a corporation dealing primarily in Internet commerce finds Internet communications to lack reliability."

    What she found "incomprehensible" was that a company dealing in internet commerce could claim that internet communication is not reliable.

    What this shows, is that the judge really doesn't understand the internet, and all the different applications and protocols. Clearly there are ways to secure e-commerce transactions, and just as clearly, email can be faked.

  32. Reputation is more than epsilon by hey! · · Score: 5, Interesting

    And that is why you don't own a company of consequence. Business is about making money, not being some kind of 'good neighbor' to competitors.

    While it's true that every business looks out for #1, I think you overstate the case in the opposite direction of the grandparent post.

    Businesses have cultures and characters, just like people. And partners/allies approach businesses taking these into account; the reputation of a company can create revenue or costs accordingly. Those revenues and costs may not be the determining factor in every or even most situations, but they are real.

    "Who steals my purse, steals trash, but he that filches from me my good name robs me of that which not enriches him and makes me poor indeed." Of course Shakespeare put these words into the mouth of a scheming liar. Their truth is situational: it depends on your purse, and how much you need your reputation. If you're a poor tribal clansman, it is very true. You don't have material wealth worth mentioning, and you are mutually dependent on others like yourself for survival and defense. If, on the other hand, you're Louis XIV, you have no friends -- only rivals who have revealed their hands to various degrees. You're reputation is relatively unimportant, as people are tied to you by law and custom. Your purse is relatively more important becuase by it you maintain those laws. No one expects you to keep your word; your actions are like the weather. People can predict them in a general climactic way or a short term by scanning the horizon for fair or stormy weather. But nobody takes you word for what the weather will be at the end of next week.

    Businesses exist along the same continuum, from small consultancies whose only real asset is their reputation up to the Sun King of all businesses: Microsoft. Within it's sphere, Microsoft wields unchallengeable power. Nobody who allies themselves with Microsoft today seriously believes that Microsoft won't issue a writ of execution later on if it suits them. This is the natural course of any entity which has untrammelled power backed by money. Other companies who are trying to work in the margins of Microsoft's domain cannot afford to act this way; it's not that they wouldn't; they're just not in a position to. If a company is going to draw customers away from Microsoft, then it has to convince those customers that it's trustworthy. Lack of trust and affection may very well hinder Microsoft's plans outside its core businesses, for example in the music field, where customers do not feel the weight of compulsion.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    1. Re:Reputation is more than epsilon by PCM2 · · Score: 1

      Everything you say is true, however the judge in this case didn't rule based on a personal judgment of the merits of Amazon's corporate culture.

      Instead, she said that Amazon seemed to have worded communications and agreements in such a way that they allowed Amazon to "play their way." The principle that seems to be at work here is the idea that, whatever a contract may actually say to the letter, contracts should always be negotiated in good faith. That is, if I arrange a deal with you for some consideration, I shouldn't then try to play games with the language of the deal to my own advantage. That's not having better business sense than the other guy. That's just being sort of shifty. It smacks of bad faith.

      Toys'R'Us didn't win any monetary damages in this case because it couldn't show any documents that supported its claim that it was buying an exclusive arrangement with Amazon. What it did get, however, was out of the 10-year deal. The judge ruled that the deal, which was ostensibly signed in good faith to the advantage of both Toys'R'Us and Amazon, was now working against Toys'R'Us's interests in favor of Amazon. Contrary to what the previous poster said, that's not laudable business practice on Amazon's behalf and it's good that Toys'R'Us got released from that contract.

      I agree with others, however, that there's absolutely no evidence that Toys'R'Us knows the first thing about running a Web site. The severing of this relationship is probably Toys'R'Us's final death knell.

      --
      Breakfast served all day!
    2. Re:Reputation is more than epsilon by bar-agent · · Score: 1

      Very literate, I like it.

      --
      i'd hit it so hard, if you pulled me out you'd be the king of britain [bash.org]
    3. Re:Reputation is more than epsilon by Luyseyal · · Score: 1

      For a second there, I forgot I was on slashdot! Excellent post!

      -l

      --
      Help cure AIDS, cancer, and more. Donate your unused computer time to worldcommunitygrid.org. Join Team Slashdot!
    4. Re:Reputation is more than epsilon by blueskies · · Score: 1

      The judge ruled that the deal, which was ostensibly signed in good faith to the advantage of both Toys'R'Us and Amazon, was now working against Toys'R'Us's interests in favor of Amazon. Contrary to what the previous poster said, that's not laudable business practice on Amazon's behalf and it's good that Toys'R'Us got released from that contract.

      I'm not exactly sure why this is not a laudable business practice on Amazon's part. It's not like the contract said that "this is only valid as long as it is in your interests." You would have thought that TRU would have been competent enough to think through the ramifications of the contract before signing it. It's not like they had a monopoly and "forced" TRU into signing it.

      Just think, if i got laid off and the lease for my apartment (a contract) was no longer working in my favor because i couldn't make payments. Is this reason enough for me to be left out of my lease?

      There must have been some really unfavorable language to TRU for the judge to invalidate the contract. I guess TRU's contract lawyers have since been fired for not being a little more careful about the agreement they signed.

    5. Re:Reputation is more than epsilon by Anonymous Coward · · Score: 0

      Well, that's all very eloquent but I don't see how it relates to TRU negotiating very poorly with the big boys.

      Perhaps the real question is why did TRU agree to those goofy terms? Was it always their plan to sue their way out of the contract? Maybe Amazon was the naive company.

      BTW, if it holds that the first poster won't ever own a company of consequence, then you, with your substantial literary ability, must be a truly extraordinary fry cook.

  33. Good by Fished · · Score: 1

    Maybe now Amazon will start stocking Toys R Us type stuff themselves, instead of forcing me to go with third-party sellers. I have Amazon prime, and would like to use it for video games and the like, but can't because Amazon never stocks the stuff themselves. (And Amazon prime only works with items Amazon sells themselves.)

    --
    "He who would learn astronomy, and other recondite arts, let him go elsewhere. " -- John Calvin, commenting on Genesis 1
    1. Re:Good by mendax · · Score: 1

      Three cheers to this. Now perhaps I can buy video games (and other assorted hardware) from Amazon and not have it actually come from Toys 'R' Us and being stuck paying California sales tax on it because Toys 'R' Us has a physical presence (stores, warehoues, etc.) in California and Amazon.com doesn't. Also, to add insult to injury, I have to pay shipping because I'm not dealing with Amazon. Usually I use the "super saver" shipping that Amazon offers and save a few bucks by being patient for my order to arrive.

      I don't think Amazon.com will ever actually admit this publicly but a big part of their business model I suspect is the sales tax evasion that they allow us to easily perpetrate because they tend to maintain warehouses near major highways and close to an airport in cheap states that are close to large population centers (such as in Nevada and Kentucky). For California residents, it's anywhere from a 7.25% to 8.75% discount that costs Amazon nothing. It's for this reason why I thought that the Amazon/Toys 'R' Us partnership made little business sense to me.

      --
      It's really quite a simple choice: Life, Death, or Los Angeles.
  34. Anyone been to bricks & mortar Toys R Us latel by MrNougat · · Score: 2, Insightful

    I have. Their stores pretty much suck. The only reason they still exist is momentum and because WalMart beat down all the competition. I think their own in-house internet presence may just be the end of them.

    --
    Web 2.0 == Giant Blogspam Circle Jerk
  35. goodbye toys r us, hurry along! by datachasm · · Score: 1

    good, im glad Toys R' Us is leaving the Amazon site... free shipping from amazon is always nice, and toys r us did not offer it. they also lock out sellers from anything they offer online. i collect boardgames so this is good news to me, hopefully soon i will no longer have to spend $100 to get free shipping... lol

  36. Shananigans!! by Anonymous Coward · · Score: 1, Interesting

    If the story is true, it's your brother's fault for not contacted them _properly_. I worked there for a year or so, and am fully aware that they make it as has as possible to find the phone number, but it's not too hard to email them. You just can't randomly send off an email to refundmymoney@amazon.com and except to get a response. Those that actually contacted them properly don't have these types of experiences. When I was there, Amazon would throw money at customers to make them happy. "Didn't get your stuff? Here's ten bucks."

    And yes, they are horribly corrupt. And incompetent. I've seen it myself.

  37. Re:Actually, the relationship with TRUS was comple by Rageon · · Score: 1

    Maybe you can answer this for me. I worked for Amazon for about a year. I always wondered why they charged so damn much for shipping the T.R.U. stuff. I mean, it was like $.75 a pound or something crazy.

  38. Here's a link the case files in New Jersey court by Anonymous Coward · · Score: 0
  39. Candor of Jeff by VeryHotTopic · · Score: 1

    I'm glad that Jeff showed candor. Very good.

  40. Everybody wins. by Anonymous Coward · · Score: 1, Interesting

    Amazon most certainly will start selling videogames directly now.

    As another former Amazon employee who worked on the TRU projects, I can say that Amazon's customers are likely much better off without the TRU partnership.

    Here's why:
    - Dozens of merchants will now sell toys directly in the Amazon.com toy store, driving prices down and options up.
    - The selection will increase. More merchants equals broader selection.
    - Amazon can create new features and form new partnership without TRU around it's neck.

    When I was there, we couldn't even sell Magic: The Gathering or Pokemon (some of, if not *the* bestselling products in the industry at the time) because Toys R Us lost money selling 3 dollar products online, which was a consequence of the way the contract was written.

    Amazon was making bank off this relationship. My impression was that Amazon was spending *far* less than the $50 million per year that TRU was paying. I could never count more than about a dozen people working directly on the project (myself included). There were probably a bunch more in the warehouse and lots of operational expenses there, but I couldn't say.

    TRU, on the other hand, was losing money the whole time. They blew it when they negociated the contract and both sides knew it.

    The new toysrus.com, whatever it will look like, will never be able to compete with Amazon on price and selection because of Amazon's multiple merchants strategy. They'll have to compete on brand, for better or for worse. Good luck to both of them.

    What they should have done all along is give toysrus.com their own site, a la target.com (which is run by Amazon). Then have TRU sell product on amazon.com/toys as just another merchant.

    Barring that, by breaking up, everybody wins. Amazon gets to sell whatever they want, TRU stops bleeding money, and the customer gets a better Amazon toy store and another option in toysrus.com.

  41. "Incomprehensible!" by cnerd2025 · · Score: 1

    That judge may get upset when someone starts sending emails from his email address. Of course, I don't know what kind of information is in the emails, but it is entirely possible to send false emails, even fraudulent ones. Just login to an insecure SMTP server and you're set. Not that I recommend anyone do this, by the way. It can both be unethical and illegal, unless you have permission to use the server and the permission of the owner of the address. Still, emails are highly suspect to problems, and email should always be considered an "insecure medium."

    1. Re:"Incomprehensible!" by Dionysus · · Score: 2

      That judge may get upset when someone starts sending emails from his email address. Of course, I don't know what kind of information is in the emails, but it is entirely possible to send false emails, even fraudulent ones. Just login to an insecure SMTP server and you're set.

      How do you fake all the headers (included the one that are added by the recipients email server)? The Received By: line will have incorrect information up to the point where the email leaves your control.

      --
      Je ne parle pas francais.
  42. Re:Editor needed at MSNBC.COM by Anonymous Coward · · Score: 0

    "the way they place the ads sometimes breaks the page"

    Disabling JavaScript often fixes it. (And, yes, why they're using JavaScript for page layout...?)

  43. Re:The REST of the story...BUY LOCAL! by stanwirth · · Score: 1

    Farmer's markets are even pretty good for home-made and second-hand toys, as are church bazaars (as distinct from what--cathedral cathedrals?), swap meets and flea markets. It's a way of participating in recycling and saving big bikkies at the same time. Farmer's markets are terrific for fresh vege, and the best way to get inexpensive organic meat is to get to know the farmer and the butcher themselves. Informal networks of people who can provide things you need in exchange for stuff you have, but don't need-- it's very much like the open source community, and promoting local food security in the face of rising petroleum prices.

    Speaking of which, the profitability of all "globalized" markets pretty much rests on the shifting sands of cheap oil. It won't be cheaper for Walmart to ship cheap sweatshop crap from abroad when the price of oil goes way up. "But That's Bad for the Economy!" Shouts Wall Street. No, it's only Bad for Globalized Megacorps -- but it's good for local barter economies, good for public transportation, good for bicycle mechanics, good for local manufacturers and farmers, who may soon be able to undercut the likes of Walmart on cost while beating Walmart on quality -- just because the shipping costs of locally-produced goods are so much lower.

  44. I had opposite experience with Amazon.ca by addbo · · Score: 1

    I had the opposite experience with Amazon.ca I bought two DVD's during the last Christmas Season... I contacted Amazon via their webform with the order number when the items had not arrived after a month past the expected arrival date and they sent me a second set of DVD's.

    I was so impressed that I've done much more of my shopping on Amazon lately.

  45. OT: Buying local food by PCM2 · · Score: 4, Interesting

    I will add to your comment about farmer's markets and talk about small local grocers, because over the last year or so I have stumbled across a fact that surprised me quite a lot.

    Down the street from my house here in the city of San Francisco I have a little corner produce store. You can get pretty much any fresh food that you can get from Safeway: vegetables, fruit, dried goods, eggs, milk, etc.

    First I started shopping there because it was just as convenient to get to as Safeway, and buying local seemed like a good thing. Then I noticed that the quality of the produce was much, much better than Safeway's. Safeway is buying in massive volume and they are buying vegetables that have been grown, treated and/or engineered to have long shelf lives. The stuff at this corner store is coming from the farmers to my street corner. It looks and tastes better in every way.

    But, as I said, over the last year I noticed something even more surprising. You might think, based on what I've said, that I'm paying a little more to support my convictions and/or get nice produce. That's usually how it works: Buy from the big vendor, get the deep volume discounts. Buy from the little guy and pay more. BUT NO! The fact of the matter is that just about every single thing I buy at the corner store is cheaper than the same thing at Safeway.

    There are some exceptions; mostly packaged foods like salad dressings or mayo. But mushrooms that cost $2.49/lb at Safeway cost $1.89 at the corner store. A container of milk that's $2.19 at Safeway is $1.79 at the corner store. Even something like a sack of flour or a packet of yeast costs less.

    The lesson is that Safeway's business model does not necessarily work the way you think big retailers' business models work. I expect what they do is negotiate deep discounts with the packaged, prepared food vendors: Hot Pockets, Lean Cuisine, etc., and they sell them to the consumer at a minimal profit margin. They make up the difference on produce, fresh fruits and vegetables, and dry household goods.

    Your average Joe Consumer is used to comparing prices on individual branded items. If a 12-pack of Coke normally costs $3.50, he'll notice when it's on sale for $1.99 and that will get him into Safeway. That same consumer, however, has fallen out of the habit of comparing pricess on piecemeal, by-the-pound items like fruits and vegetables -- and so that's where Safeway jacks up its prices.

    Try it sometime. If you have access to a local green grocer, shop there a few times and make a note of what you pay for things. Then see what happens when you try to buy the same items the next week at your local Safeway or Albertson's. I bet you'll be surprised. Shop at the green grocer and you support local business, get better quality food, and pay less.

    (Oh, and you should be eating more fruits and vegetables anyway.)

    --
    Breakfast served all day!
    1. Re:OT: Buying local food by Anonymous Coward · · Score: 1, Informative

      This is one of the most profound things Ive read on Slashdot :) I live in San Francisco and this discrepancy of Safeway being more expensive than the mom-and-pop has been bugging me for months. I almost never buy packaged goods, so I was trying to figure out a model why Safeway would be more expensive for everything, but this explanation makes perfect sense.

    2. Re:OT: Buying local food by ejp1082 · · Score: 1

      Well said, and true in my experience as well. Supermarkets have cheap packaged goods, but for fresh meat/bread/veggies the mom and pop shop still rules, at least if you can find one.

      And to reiterate: that's the kind of stuff you should be eating anyways.

    3. Re:OT: Buying local food by Anonymous Coward · · Score: 0

      I've discovered the same thing with a local butcher just down the road from where I live. I can get top quality Alberta beef for a significantly cheaper price than the same cuts at the big supermarket chains, which aren't selling Alberta beef.

      I can buy delicious sliced smoked bacon in bulk (10 lbs) at $2.49 a pound from this butcher. A pound of decent bacon from the supermarket can cost almost twice that price.

      It boggled my mind when I discovered this, but I am not complaining!

    4. Re:OT: Buying local food by mr.mighty · · Score: 1

      I have a friend who owns a convenience store/gas station. He said the 3 big profit items for the grocery chains are meat, produce, and milk (YMMV on the milk though - there's a wierd regulatory thing going on here). He drives a lot of traffic to his store by selling produce and milk at half the grocery chain's margin. He has an arrangement to sell produce to a local restaurant if it doesn't sell right away.

    5. Re:OT: Buying local food by hiryuu · · Score: 1

      Though I can't speak as to Safeway stores, I had an interesting discussion with someone a year or so ago who claimed to hold a fair amount of stock in Kroger. He mentioned that Kroger used whatever margins they made on selling food products just to cover operating expenses, and didn't plan on actually making any substantial profit from sales. Rather, the food and consumer products they sold were merely a way to gain a cash-flow, which was then used to generate profit through the same manner as a bank - interest and gains. Managing their cash-flow correctly (encouraging high volume of shopping, negotiating lengthy payment terms with larger suppliers) allowed them the time needed to hold money long enough for this to be viable. This same fellow claimed that in their corporate charter, Kroger was identified as a banking institution, not a retailer.

      Granted, I've not verified any of this, nor do I have any proof of the veracity of his statements, but it made enough sense to me to seem plausible. At the least, it's an interesting notion, and to me it made sense to explain part of the reason for the (sometimes large) discrepancies in retail prices I'd seen at smaller grocery chains vs. larger ones like Kroger.

      (Here's the part where either I get modded up for something cool-sounding, or modded down when someone with a clue proves me quite wrong. :P )

      --
      Karma: Excellent, but still won't get you laid.
    6. Re:OT: Buying local food by PCM2 · · Score: 2, Interesting
      Rather, the food and consumer products they sold were merely a way to gain a cash-flow, which was then used to generate profit through the same manner as a bank - interest and gains. Managing their cash-flow correctly (encouraging high volume of shopping, negotiating lengthy payment terms with larger suppliers) allowed them the time needed to hold money long enough for this to be viable. This same fellow claimed that in their corporate charter, Kroger was identified as a banking institution, not a retailer.
      I bet your friend with the stock in Kroger was right. I just received a spam from some stock analyst guy this morning saying he had downgraded Novell stock to "underperform." Among the trivia in the message, though, was the claim that Novell is actually holding so much cash that fully half of its revenue comes from interest earnings.
      --
      Breakfast served all day!
  46. Re:Anyone been to bricks & mortar Toys R Us la by Anonymous Coward · · Score: 0

    you obviously aren't a 4 or 5 year old kid. toys r us is my son's vacation destination of choice.

  47. Re:In other news: Shopping online unreliable! by Rimbo · · Score: 1

    If the appeal is successful, it will be because of this very thing: Email is unreliable, and being an internet business, Amazon.com would know that!

    If you don't believe that email is unreliable, try responding to the "From" column on some of your spam and see how many of those "From" addresses are legitimate!

  48. Re:Actually, the relationship with TRUS was comple by asalvari · · Score: 1

    It's quite a risk for TRUS to create a new online store from scratch, but they've got some good people who've had several years of experience working with Amazon. I wish them the best of luck.

    Yeah? look at http://www.toysrus.ca/ . How hard it could be? like 2 weeks of inventory sync? Ok it is little bit more complex, but if they want they can get set up and become operational in less then a month. toysrus.ca is running on WCS and IBM can sell them hosting service, rent hardware and provide all the know-how.

    I think that they do not need luck, they already got all they need.

  49. Change you e-mail preference by MushMouth · · Score: 1

    Click on "your account", "communications preferences", login and select receive no e-mail on the right side of the screen. Anything else you get is either transaction email (you bought something) or a phishing attempt.

  50. Actually, I have had great luck with their CS by duerra · · Score: 1

    As much as I disagree with Amazon's patent policy, I disagree with your assessment of their customer service, and I venture to guess something else "happened" in regards to the scenario that you're talking about regarding your brother.

    The one time that I had problems with Amazon is that the shipper was reporting my order as being delivered (in this case, it was a book), but I never had not received the product. After getting no help from DHL or the post office, I contacted Amazon. I received an email reply within an hour from a CSR, saying that they would ship the book again. I received it a couple days later, and was charged nothing more.

    To be sure, I sent an extra email to Amazon expressing my gratitude for their great customer service. You don't see that very often these days.

  51. Re: credability of internet evidence by Anonymous Coward · · Score: 0

    What this shows, is that the judge really doesn't understand the internet, and all the different applications and protocols.

    Protocols are irrelevant. What this shows is her BS meter was functioning correctly. Amazon's business model DEPENDS upon email. You remove email from the equation, and it breaks down to a very very large degree, regardless of "secure transactions" and things of that nature. For a company whose commerce depends upon email so fundamentally to claim that email is unreliable is a steaming pile of bullshit and the judge was very very clueful to this.

    As for the GP, the courts are there to make sure that contracts are fair and within the law. If you signed a contract that was leading you to bankruptcy, it is your right to seek help from the courts and it is entirely within the mandate of the courts to invalidate a contract which is leading someone to their demise.

  52. It's not that hard... by Anonymous Coward · · Score: 0

    Perhaps the Judge in this case wanted Amazon to do more than merely assert that it was "unreliable" and instead to have them either:

    1) Show that the email was spoofed (can't be too hard; I've tracked plenty of spam with forged headers... I don't generally expect large organizations to route their email through compromised Windows computers running in DSL ranges, nor do I buy that someone's hostname was _SHADOW_SHADOW_SHADOW... so as to overflow where it would normally display the IP).

    2) Show that there were missing emails that would have put the discussion in a different context and explain exactly why these emails were missing.

    Otherwise I have to question whether they were merely lying by coming up with a somewhat plausible excuse for which they have absolutely no proof.

  53. Re:Editor needed at MSNBC.COM by mistergin.net · · Score: 1

    See? If Reuters hadn't sent their contribution to the story via email, you'd have the rest of it!

    LONG LIVE BEZOS!!!1


    *hops on his segway to traverse the newly built inter-city highways after Dean Kamen's invention "revolutionized the world"*

    --
    Less Talk. More Stab.
  54. Anyone remember when ToysRUs.com crashed in 98? by KungFu-tse · · Score: 1

    This was when they ran their website independently. And then in 99 they couldn't fulfill everyone's order?
    http://retailindustry.about.com/library/weekly/aa1 22399a.htm

    I believe this is why they parterned with Amazon in the first place.

  55. Re:In other news: Shopping online unreliable! by Moderatbastard · · Score: 0

    Seconded. PC-PHIX (888080) is the sixth biggest asshat in, like, the whole world totally forever - after the five who modded him up.

    --
    1/3 of jokes get modded OT. If you get the joke, mod 1 in 3 insightful/interesting/underrated to restore karma balance.
  56. Idiot by Anonymous Coward · · Score: 0


            files frivolous patents

    That's subjective

    Is that the best you can do? Of course it's subjective. But it's also agreed upon be the overwhelming majority of people who give it a second's thought. They file for obvious patents. (Their fault). They are granted. (Patent office's fault.) They've demonstrated that they will use these garbage patents anticompetitively.


    They are bastards who will manipulate the system for their own gain at the expense of others. All companies do this to some degree but Amazon stands out as a particularly bad example and will not get my business. And I will continue to tell others to avoid using Amazon.

    1. Re:Idiot by Anonymous Coward · · Score: 0
      You're supposed to sign your comments at the end of them, not in the Subject line.
      They file for obvious patents
      That's subjective.
  57. But what if the saved e-mails don't agree? by Joseph_Daniel_Zukige · · Score: 1

    At least hacking into a mailserver is getting harder.

    To make e-mails admissable, they need two things that are not really available to ordinary office e-mail (and shouldn't be):

    First, they need a cryptographic checksum. (I don't like the term digital signature, as long as the digital signature has no trace of the personality of the signer.)

    Second, they need an independent registration service, such as a CPA provides in the US.

    Without that, they are too subject to manipulation.

    Like I say, does the Livedoor mess here in Japan make the news there?

  58. 3rd party manipulations by Joseph_Daniel_Zukige · · Score: 1

    Your 3rd party could save a copy, but the best evidence that would give is that the three agree. If they don't agree, then there could be evidence of wrongdoing, but on whose part?

    Cryptographic checksum and timestamp are necessary before e-mail should be allowed as evidence.

  59. Re:OT: Buying local food -- or even growing it! by stanwirth · · Score: 1

    You are SO right on!!

    Another advantage of going in to a green grocer is purely for the emotional and spiritual uplift

    I used to deliver newspapers to a green grocer in our town (and pick up some fruit and vege there at the same time), and it was just sheer delight going in there! The very aroma was intoxicating. And the care they took to rotate their fruit and vege stock, cull the ripest, put them on sale-- that's real value added, like the care that goes into proper maintenance of a software package or system.

    But this past weekend was the weekend to dig in the garden -- to put in our own vegetables. This year, we're doing Okra, Tomatoes, Collard, Corn, Basil, Dill, Beans, Radishes and...possibly Amaranth.

    The more local vege we support and the more of our own vege we grow -- the less oil used in shipping in food from overseas...and therefore the fewer people have to die fighting over oil.

    Growing a vegetable garden is my radical act for peace.