Monday, November 25, 2002
Stores say Web sites are posting prices for sale items illegally.
PROVIDENCE JOURNAL
PROVIDENCE, R.I. -- Want to know what Sears, Wal-Mart and many other major retailers are planning for their annual day-after-Thanksgiving sales?
Check the Web.
Most stores haven't put out their circulars yet, but the deals they are planning have already been posted on the Internet.
This has many retailers fuming, and several stores have threatened legal action against the Web sites where the sales information was displayed.
"There were some sites that had information that belonged to Wal-Mart that was not released by Wal-Mart," said Tom Williams, a spokesman for the Bentonville, Ark.-based company. "We didn't think that was correct, and we notified those sites."
Contacted sites
Wal-Mart contacted seven or eight Web sites and asserted that the posting of its sales information was a violation of the 1998 Digital Millennium Copyright Act. The DMCA is a controversial law usually invoked in cases that involve trying to break encrypted computer data or reverse-engineer software, which involves examining computer code in an effort to figure out how it works.
The Web sites where the sales lists were posted are frequented by bargain hunters. They often post discount coupon codes or have forums where users share tips about good deals.
Several of the sites, including FatWallet.com, complied with Wal-Mart's request, rather than risk an expensive legal fight.
About two weeks ago, sale lists began showing up on Web sites that offer information and tips about sales and other bargains.
One particular list details the sale prices of hundreds of items at various stores. The postings are not the circulars themselves, but rather a long list of typewritten entries that detail the products.
A Wal-Mart spokesman said the company doesn't know how the sale information was obtained, but the company insisted that at least one Web site hand over the identity of the person who posted it, according to Lars Lebers, who runs DealExpert.com, another bargain hunter's site.
Gives great detail
The Black Friday list sometimes goes into great detail. For example, Wal-Mart supposedly will have a 27-inch TV on sale Friday from 6 a.m. until 11 a.m. for $148.62, according to a list posted on a Yahoo discussion group. The same list says that Best Buy will offer a DVD player for $39.99 after rebate.
The stores have not challenged the accuracy of the lists, but they consider the information secret and its release harmful to the stores.