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[ DMCA now being used to ... ]

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Old 11-20-2002, 02:35 PM   #1 of 78
David Rogers
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DMCA now being used to ...


... prevent sharing of retailer information about sale of products.

http://www.fatwallet.com/forums/mess...hreadid=126042

I've never used this website, but they apparently disseminate pricing and product information to consumers who are preparing for purchases. They've been threatened under the Digital Millennium Copyright Act to cease and desist all such activities from four major retailers (WalMart, Target, Best Buy, Staples), who are attempting to use this extremely controversial legislation to thwart consumers.

Just thought HTFers who don't surf the web as widely as others (Slashdot is an amazing resource) might want to be aware of this issue. If retailers are going after online sites for this kind of thing, it stands to reason HTF might be on their hit list. FatWallet.com is apparently talking with the EFF and other rights groups about legal action to defend against this new issue, but no specific news there yet.



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Old 11-20-2002, 03:43 PM   #2 of 78
Matt Stryker
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They got DVDTalk too. The HTF should be fine in this regard, since posting the prices on DVD is prohibited until the Sunday when the ads come out in papers. At that point, they are public knowledge, so no big deal.

I've been on the wrong end of this kinda thing before with the Online Guitar Archive, and I think that the sites did the right thing. Legally right or not, a small website has nowhere near the legal or monetary power to take on a retailer. Its just a sad fact of life.



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Old 11-20-2002, 03:58 PM   #3 of 78
Qui-Gon John
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That's outrageous. What about websites that search and tell you the best prices online for a given item, such as shopper.cnet.com ???
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Old 11-20-2002, 05:55 PM   #4 of 78
Chris S
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That's nuts! The DMCA has got to go! On topic - if they don't want their sales being talked about early then put a stop in the person leaking them to the web sites. Since when does it become everyone elses business to uphold anothers agreement (assuming there are confidentiality agreements at play here). If someone told me something they are not suppose to, what legal obligation do I have to keep it a secret?

Chris S.




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Old 11-20-2002, 05:56 PM   #5 of 78
Chris_Morris
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Quote:
That's outrageous. What about websites that search and tell you the best prices online for a given item, such as shopper.cnet.com ???


I believe the retailers problems are with sites that leak sale info before it is public knowledge. There is nothing wrong with what sites like you mentioned do, or HTF posting comparisons on Sunday as the info is public knowledge. But some sites, like DVDTalk.com have had the Black Friday sale prices posted for over a week now and that is information that has not been made public knowledge legally.

Chris
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Old 11-20-2002, 06:07 PM   #6 of 78
David Lambert
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I believe the following posts by the founder of DVDTalk at his site give the most insight into this situation:


The "cease & desist" order itself from Target

What his feeling are about whether or not early postings of ad prices hurt the retailer involved

DVDTalk's official rules on copyright violations, and how these issues are related


You can bet your socks I am keeping an eagle eye on this situation.



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Old 11-20-2002, 07:50 PM   #7 of 78
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i know it is a shame we can't post prices early but am i supposed to know what DMCA is and what it stands for?



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Old 11-20-2002, 09:00 PM   #8 of 78
David Lambert
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DMCA - Digital Millenium Copyright Act

Signed into law 10/28/1998.

Essentially, it deals with issues of copyright violations as it pertains to the digital era (computers, CDs, DVDs, etc.). I think I will leave it to the legal-types around here to explain in more detail. I'm not a lawyer, just a used-to-wanna-be.



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Old 11-21-2002, 05:59 AM   #9 of 78
Patrick Sun
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And people wonder why the HTF has the policy we have on early posting of sales circular pricing.

As much as people complain about it, it comes down to knowing which battles to fight, and which ones to avoid.

Again, please let's just keep the sales circular pricing posted on Sunday at the earliest to help the HTF avoid legal hassles.

Thanks.

P.S. Black Friday prices should be posted on Thursday (11/28/02) at the earliest (since that is when the sales circulars for Black Friday, the Friday after Thanksgiving, will be distributed in newspapers).



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