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venerdinero

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Posts posted by venerdinero

  1. Doubtful. You might be able to go to another store & PM at 5am or whatever time the BB sale begins, IF you can find a store that will PM and which hasn't also run out of the item in question. Last year, after my initial round - I tried to PM a few BB sale items at WM, but others had already cleaned them out (or WM had the sense to pull them in advance!).
  2. I can't imagine why anyone would second-guess Brad and RossMAN for doing what they did. It's real easy to tell someone else to stand up to a corporation when you aren't the one on the hook for legal fees.

     

    If Brad and RossMAN feel the wise thing to do is to take the ad down, so be it. Let any animosity be directed at the company who started the commotion.

    Amen! That was essentially one of my earlier points. Only a lawyer would brag about an alleged $50k legal bill!

     

    Besides, we still have plenty of their superior competitors to choose from!

  3. Why do stores care if we post their ad FREE. If I owned a store I would love that. IF the add is posted everywhere FREE then they don't have to pay to mail it out or put it in the paper. What's better than free advertising? I think a few lost sales before BF is cheaper than thousands of $s to print and publish.

    Not quite that simple. If it were, there wouldn't be any printed circulars anymore since most stores already post their circulars on their own websites. I believe there might even be a link(s) to those weekly ads on the main gottadeal page.

     

    It used to be a competitive advantage thing. Now with so many leaks and sites such as gottadeal (and the imitators) I think many stores have started to factor in the leaking and posting into their campaigns. But they're still not necessarily happy about it. They want you to ideally open up your Thanksgiving Day newspaper and see their circular and go WOW! Look at these deals! I'm going to Store X tomorrow! In theory when you have a week or more to compare and strategize, you may or may not go there.

  4. This was not a "Cease and Desist" ORDER - it was a threatening letter from a corporate attorney. Appears unenforceable, doubt they would be able to properly serve this site if they tried to go forward in an actual court of law, unlikely a judge would issue an injunction, damages - what damages? Ridiculous.

    I don't think anyone here mistook it for an "Order", I believe that we merely called it a C&D letter. I think you make many valid points, as I also questioned some things from the posted letter. However, this is supposedly an example sent to another site, not necessarily the one sent here. While I question the merits, I also don't believe that you can summarily dismiss their entire argument.

     

    Just curious, what makes you think that they couldn't properly serve this site? :gd_detect <notices Brad & RossMan running for cover> :lolrun: :lolrun:

  5. "Governor" was a typo.

    As for getting executive branch getting involved in private civil disputes ... the name "Terri Schiavo" springs to mind...

    typo - fair enough, as it happens to all of us (scary how many do spell that word incorrectly though) I'm just curious, was "juristiction" a typo as well? :g_doh:

     

    Schiavo was a part of what "big company" again? Sorry, after reading your initial post, I was wondering how long it would take you to bring up the sad case of Ms. Schiavo (which too many tried to exploit on all sides). Technically the executive branch in that case was attempting to fulfill what they felt were their legal obligations (even if politically or religiously motivated to do so). Many legal scholars feel that they were actually correct, but they argued it poorly. Even if one were to accept your obvious bias, the courts actually restrained the executive branch, making your point moot. Since this case would not at all involve the executive branch, I was merely reacting to what appears to have been an unnecessary cheap shot at someone who has nothing to do with the case or the topic. :g_think:

     

    I am willing to debate, discuss or argue such matters with you further, but this is neither the time nor the place. These are the holidays :holiday15 and this board is all about BF!! (not the other :bs: !) Back to the savings!! :rwb:

  6. I'm glad I don't live in that state.. If the AG is going to spend hundreds of thousands of dollars of YOUR money on a lawsuit when legally all they have to do is compensate the very first person in line (1 computer minimum for it to be in the ad).

     

     

    This is straight from the walmart ad

     

    "It is our firm intention to have every advertised item in stock. Occasionally, however, an advertised item may not be available for purchase due to unforseen difficulties. If this happens, Wal-Mart will sell you a similar item at a comparable price (or reduction in price if the item is on sale). Or if you prefer we will issue a raincheck at your request so you may purchase the item (ECLUDING SPECIAL BUY-ONE TIME OFFERS) at the advertised price when the item becomes available. We reserve the right to limit quantities to normal retail purchases."

     

    They have covered themselves. All they have to do is take an average 6 hours during any other sale during the year and see how many laptops they sell, (maybe 2 on average) and compensate those first 2 people in line.

     

    Sorry. Those are the facts. CC here I come.

    The original point was that the AG or other consumer affairs type people could investigate this early next week to see if the reports are accurate, and if so, what if anything is being done to correct it. In the unlikely event that this has happened AND nothing is being done to correct it, WM could have some problems, which the AG or others could strongly encourage them to fix. Ideally all it takes is a phone call from the right people and things get fixed.

     

    Since you elected to throw out WM's daily sales and budget as if we should all bow before the behemoth, some of us were just advising you that there are still people, such as AG Spitzer, who are not intimidated in the least. (Actually some might say that Spitzer is attracted by the big target on WM > pun intended) I presume that you are also aware that for all WM's might and power, with all their legal and financial efforts, they still have not been able to open a single store in NYC (among other places). The proposed NASCAR track will probably be built there long before any WM opens.

     

    You are correct that WM has taken steps to cover themselves, however, if you have seen other threads on this board, there are also WM stores which will not issue ANY rainchecks, for anything, regardless of the policy.

     

    I hope that WM proofread their ad and didn't really say "ECLUDING".

     

    When you win lawsuits, you are frequently reimbursed for reasonable legal expenses, so it would not cost the people "hundreds of thousands" of dollars. In addition, most individuals would bring suit in small claims type courts where the big WM legal team could be useless or excluded, depending on the state.

     

    I understand that you may be trying to lower people's expectations, and that might be a good thing. I just don't necessarily agree that "those are the facts", at least not completely. In any case, have fun at CC and I hope you are able to buy what you want!

  7. Glad to hear it!! :thumbsup::victory:

     

    & :g_hello: hubby!! Way to come through!! We were somewhat concerned that if you didn't, something unpleasant :smiley_nu may have happened! :rotflol: :rotflol:

     

    But seriously - best of luck to you! and Happy Holidays! :holiday08

     

    Just remember, gottadeal can help you save money & have fun all year long!! especially as you :juggle: 6 kids!! :bow:

     

     

    :crochunte I've never seen those before > :2elephant :2elephant

  8. well I am one of the few people on the planet that have actually read the DMCA and they do have the right, since the ad was not released to the public, to sue anybody that posts it, however it would depend on the judge and spend as much time in court as napster has. DMCA laws are VERY vague and open to all kinds of interpretation, next years bf ads would be out before a decision was even close to being made.

    But evidently you didn't carefully read the text of the C&D letter in question. I was expecting and looking for the dreaded DMCA reference, but I didn't see it. There is no mention of copyright infringement, only mention of trademarks, which would explain why some things get reposted on some sites with bogus store names. I'm not a lawyer, but I gather that trademarks are still governed by the specific trademark statutes, not the DMCA. I also gather that some people have tried, without great success, to extend the DMCA to trademarks.

     

    They have to threaten to recover their "losses" or else the lawsuit would essentially be a slap on the wrist - the financial part is the hammer.

  9. I've also heard they do it during the same time frame, so if it's a doorbuster, you can't do it later than day.

     

    My confusions starts with the earlier times. For instance if Walmart starts their sales at 5am, but you go through the checkout with an item that another store will be selling from 6am or 7am on, will Walmart still price match it, or do you have to wait for that time to come around. Thanks

     

    laura

    I see that somebody else posted that they were able to PM earlier - but my understanding and my experience is that you have to wait for "that time to come around" as you said. I'm not sure if it's really some stores that would permit doing it earlier. I suspect that someone had a cashier who didn't catch it and let them PM early. Just a hunch. ;) ;)

  10. Actually, as opposed to previous years, they were the only company to issue C&D letters ... Even BB who has ALWAYS sent out C&D letters let it slide last year ...

     

    I'm betting that next year, no-one is going to send out C&D letters ...

     

    If you want to really PO officeDepot ... order the doorbusters online and then return the items ... When asked why? tell them that you "changed your mind do their pre-BF behavior toward BF forums" ... that way

    a) They sell a tonne of stuff at minimal profit.

    B) Pay UPS/Fedex/Whoever a bunch of money for shipping (two lots).

    c) Your reason will be documented on their computers.

    d) They will have a LARGE number of computers etc that will have to be sold in clearance, as open box items... which you could then buy even cheaper :-D

     

    Suggestions for this include: the 19"LCD, non-BTO notebooks, Garmin GPS, PDa's, etc ...

     

    THAT will have a bigger hit on the bottom line, than avoiding the store. And hopefully, it will get senior managements notice.

     

    Just remember to a) use a creditcard :-) and B) return within 2 weeks :-D so you don't get billed by your creditcard :-)

     

    @

    @

    Bravo!! :bow::clapping: :clapping: :zim

     

     

    First question - does EpotD FficeO have any "restocking fees" to be aware of??

     

    Second question - does EpotD FficeO PM? If they do, then bring their competitor's ads into EpotD FficeO and purchase only the loss leaders from the other stores or EpotD FficeO's loss leaders.

  11. With regard to the FL laws themselves, the example C&D letter may have been sent to a FL website etc. There are both state, Federal and International laws regarding copyright / tradesecret / etc ... and it may be that it was easier to threaten FL law, than Federal Law ...

     

    I'm sure that the Republican Govenor of FL would probably not worry about little details of juristiction ... (he's certainly never worried about the seperation of church & state issues). He's always shown himself to be in favor of big companies vs individuals.

     

    As for fighting these legal issues, FatWallet.com (for one) spent over $50k in 2003 fighting these notices ...

    1 - yes it could have been sent to a FL based company or a company who's servers are in FL, but, given that EpotD FficeO has corporate offices in FL, I presume that is the real reason. Just like many "Delaware" corporations try to take advantage of that state's corporate laws. It would also be because many people outside of FL may not be familiar with those particular rules and therefore they may be more inclined to back down.

     

    2 - I hope that you feel better now for venting your political frustrations, however, please note that you undercut your own credibility by misspelling the word "Governor" and by implying that the executive branch of government has anything to do with a private civil dispute which,should it proceed, would take place in the judicial branch of government between two private parties. With apologies to Guinness, BRILLIANT!!

     

    3 - With apologies to Bartles & James - "thank you for your support". I do not believe that many websites can afford at least $50,000 every year. That was my point. It can also easily get much more expensive than that.

  12. In NY Spitzer doesnt care he goes after them all.

    Amen. AG Spitzer brought Wall St (among others) to justice, do you really think that Walmart scares him?

     

    Also, while WM wins most of the time, they don't win all of the time. With all the recent bad press (or smear campaign, depending on your point of view) do you thing some other AG looking to make name for themselves wouldn't take a shot at "big bad" WM in the name of consumer protection? (except for maybe Arkansas)

  13. They have tightened up their rules a little bit in the last year, but they're still pretty good about PM. Policy is usually posted clearly in the stores near or at the service desk. There are a few limitations so just check ahead & have fun!
  14. :2welcome: VaderGCP - I would say that you have the general concept down, but the problem may be with Target. It seems that different Target stores sometimes have different rules or they may interpret the rules differently - see thread linked below.

     

    http://forums.gottadeal.com/showthread.php?t=20105

     

    The best advice is to call or visit your local store ahead of time, ask if they will PM on BF and if they say yes, I suggest that you write down the name of the person who told you yes, just in case.

     

    Also, just to clarify - you always need to bring proof of the other store's price for each item, usually that's the sales circular. You need proof for both the :homer: Season 6 and proof for the box set and you need to buy during the hours (and days) those items are on sale. Good luck!

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