[Ecommerce] Internet Sites Delete News of Sales by Big Retailers

[Ed Mierzwinski]

This article from NYTimes.com 
Internet Sites Delete News of Sales by Big Retailers

November 21, 2002
By AMY HARMON 

Several Internet shopping sites have removed information
about post-Thanksgiving sales after major retailers
including Wal-Mart and Target threatened legal action under
a digital copyright law. 

Legal experts said invoking a copyright law in this context
was unusual, because the information appeared to be a set
of facts rather than the kind of original or expressive
work that is typically covered by copyright law. The
Supreme Court has ruled that telephone white pages
directories, for instance, do not fall within copyright
law. 

But the retailers said the law enabled them to exercise
control over their lists of products and prices - even when
it leaks onto the Internet ahead of its intended release. 

"We believe copyright covers a compilation of facts," said
Tom Williams, a spokesman for Wal-Mart, which sent out at
least seven letters to Web sites over the last week. "It's
our data about our products that we put out, and we don't
want customers to be confused." 

Among visitors to the discussion forum of FatWallet.com,
the removal of information - which included lists of
products and prices apparently designated to appear in
sales circulars on Nov. 29 - was greeted with accusations
of censorship. "While I believe it would be very difficult
for them to claim a copyright on this, quite frankly you've
got to pick and choose what your battles are," said Tim
Storm, FatWallet's owner. "Going up against Wal-Mart, well,
it can be very expensive to be right." 

Mr. Storm said he also received letters from Target,
BestBuy and Staples. He removed the information
immediately. 

Jason Wolfe, the operator of the MyCoupons.com site, said
he did the same after receiving the Wal-Mart letter. But he
did not comply with the company's request for the personal
information of whoever had posted the information on the
site. "I said I was not going to give that to them unless
they supplied me with a subpoena," Mr. Wolfe said. 

At DealExpert.net, the site owner posted the letter he
received from Wal-Mart with a note asking site visitors not
to post information from any more advertisements for Black
Friday, as the day after Thanksgiving is known among
retailers. 

Under the statute invoked by the retailers, the Digital
Millennium Copyright Act, most Web sites and Internet
service providers are immune from prosecution as long as
they remove infringing material after being notified of its
presence by a copyright holder. 

Some legal experts have voiced concern that the law
provides little incentive for Internet companies to stand
up for material that may be protected by the First
Amendment. 

"The smaller the company is on the defending side, and the
bigger the company on the challenging side, the more likely
it is that people will take down information even if it
might be fair use," said Pam Samuelson, a law professor at
the University of California at Berkeley. 

http://www.nytimes.com/2002/11/21/technology/21COPY.html?ex=1038878851&ei=1&
en=25b66b0d4bf96abf



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