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Why I wont shop at Best Buy anymore

TODO: Pull subtitle into page object

It's been a while since I've bought a computer game. Mostly this is due to the fact that once I start working on something I tend to get hyper-focused on it and have trouble stopping until I've finished it. This is especially true for games. I tend to not sleep until I have either 1) complete the game, or 2) realize the sun has come up and I can no longer keep my eyes open without the use of some type of clockwork orange type device. Last night, after a nice dinner with a couple friends we headed to Best Buy so they could look at a new TV. I had been thinking about getting Civilization IV and just blowing the weekend on the game. It's been a long time since I've done that and I just wanted to get out of my own brain for a while. The Digital Opiate of Civ was most appealing. Making up my mind to geek out for the weekend I bought a copy. Productivity be damned. Apparently, it wasn't meant to be. Even though my machine is well above the requirements listed on the box, the game simply didn't work. As soon as you get past the first setup screens and into the game itself the video decides to try and imitate one of Jackson Pollock's abstracts. I was a little disappointed, but having worked with software I know there are about a zillion things that can go wrong and cause an application to try to eat itself. Thinking this is no big deal, I went back to Best Buy this morning to exchange the game for a different one. (I was thinking Star Wars - BattleFront II so I could spend my time running around and either shooting at or with Storm Troopers.) Here's where the problem escalates. Apparently, Best Buy has a policy where they won't let you return software once the box has been open. The reason that I was given amounted to the Best Buy folks stating that under the Digital Millennium Copyright Act it was illegal for them to accept returns of open software since I could, in theory, have made a copy of it and be in the process of sending it out to the world for free. So, here's one very large problem with that: even if I don't return software I can do the exact same thing. It wouldn't matter if I kept the software disks, returned them, or paid to have them sent into orbit on a Russian rocket. I would be just as capable of sending copies of the software out in any case. My guess is the real reason for the policy is Best Buy trying to protect itself from people buying games, copying them for themselves and returning them. Effectively getting a free copy. I can appreciate a company wanting to protect themselves from this, but I don't see where that gives them the right to sell me a defective product and then refuse to take it back. I did a little looking around on-line and discovered something called the "Uniform Commercial Code" that appears to provide protection for consumers in the event they purchase a faulty product. And, unlike the DMCA, it seems to me that this Florida Statute applies. Even taking bound copies of the various legal docs in and talking to the GM of the store I wasn't able to get satisfaction. So, what's the next step? Since I felt like I was just bullied by a big corporation that might have just broken the law, I decided on an e-mail to the Florida Attorney General. It's at the bottom of this post for anyone interested. I'm not really expecting anything, but I figure it couldn't hurt. I'm also going to talk with my credit card company and see if they can help out in any way. Regardless, I won't be shopping at Best Buy anymore. Caveat Emptor, indeed. -- hr -- hr -- hr -- hr -- hr -- hr -- hr -- hr -- hr -- hr -- hr -- hr -- hr -- hr -- hr -- hr -- Hello, I'm not sure if I'm sending this to the right place, but I have a question about software and consumer protection. I purchased a piece of software last night from Best Buy and, after installing it, discovered that it didn't work even though my computer met all the requirements listed on the package. Today, I tried to return it to the store, but they would not allow me a refund or store credit even after I had explained the defect. Citing the Digital Millennium Copyright Act their statement was something to the effect of: "We can't accept returns of software once it's been open because of the Federal Copyright law." I did some research on-line and found Florida Statue Title XXXIX - Chapter 672 Uniform Commercial Code: Sales. Reading sections 672.513 (Buyer's right to inspection of goods) and 672.601 (Buyer's rights on improper delivery) of that document it appears to me that I should have been able to return the faulty software. I printed out copies of the Uniform Commercial Code, and overview of the DMCA, and the full DMCA itself and took them in to Best Buy this evening. I was directed to talk with the General Manager and after discussing the documents with him, the store was still unwilling to provide me with either a refund or store credit for the software. The options he offered were to either get a new copy of the same software, or to contact the software's manufacturer and take up the matter with them. A new copy of the software would not have alleviated my problem as the fault is with all copies of the software and not just the specific copy I had received. As for taking the matter up with the manufacturer, I feel that my business is with Best Buy and not with them. So, my question: Based on the Uniform Commercial Code, shouldn't Best Buy have had to accept my return and either refund my money or provide me with a store credit since they were the ones that sold me a defective product? In order to inspect the software which led to the determination that it was defective, I had to open the box and install it. Therefore, it seems to me that the fact that the box was opened can not be ground for refusing to allow me to return it. I appreciate any help that you can offer in this matter. If I have sent this to the wrong place, I would appreciate any assistance in directing me to the proper channels. Thank you, - Alan W. Smith P.S. Here are some links that will take you to items mentioned above. Full Version of the DMCA http://tinyurl.com/42pr Overview of the DMCA http://tinyurl.com/6u7hf Florida Uniform Commercial Code (for some reason this goes to 2004 instead of 2005, but the 2005 version is on the site as well) http://tinyurl.com/7mzt9 672.601 Buyer's rights on improper delivery http://tinyurl.com/99mkp 672.513 Buyer's right to inspection of goods http://tinyurl.com/7okjf

Debugging Stuff

I'm moving stuff around right now. All this below is helping me figure out where to put stuff

        -- title

Why I wont shop at Best Buy anymore

-- p

It's been a while since I've bought a computer game. Mostly this is
due to the fact that once I start working on something I tend to
get hyper-focused on it and have trouble stopping until I've
finished it. This is especially true for games. I tend to not sleep
until I have either 1) complete the game, or 2) realize the sun has
come up and I can no longer keep my eyes open without the use of
some type of
<<link|clockwork orange type device|http://images.google.com/images?svnum=10&hl=en&lr=lang_en&newwindow=1&safe=off&q=+clockwork++orange++eye&btnG=Search>>.
Last night, after a nice dinner with a couple friends we headed to
Best Buy so they could look at a new TV. I had been thinking about
getting Civilization IV and just blowing the weekend on the game.
It's been a long time since I've done that and I just wanted to get
out of my own brain for a while. The Digital Opiate of Civ was most
appealing. Making up my mind to geek out for the weekend I bought a
copy. Productivity be damned. Apparently, it wasn't meant to be.
Even though my machine is well above the requirements listed on the
box, the game simply didn't work. As soon as you get past the first
setup screens and into the game itself the video decides to try and
imitate one of
<<link|Jackson Pollock's abstracts|http://www.jackson-pollock.com/wherepaintingsare.html>>.
I was a little disappointed, but having worked with software I know
there are about a zillion things that can go wrong and cause an
application to try to eat itself. Thinking this is no big deal, I
went back to Best Buy this morning to exchange the game for a
different one. (I was thinking Star Wars - BattleFront II so I
could spend my time running around and either shooting at or with
Storm Troopers.) Here's where the problem escalates. Apparently,
Best Buy has a policy where they won't let you return software once
the box has been open. The reason that I was given amounted to the
Best Buy folks stating that under the Digital Millennium Copyright
Act it was illegal for them to accept returns of open software
since I could, in theory, have made a copy of it and be in the
process of sending it out to the world for free. So, here's one
very large problem with that: even if I don't return software I can
do the exact same thing. It wouldn't matter if I kept the software
disks, returned them, or paid to have them sent into orbit on a
Russian rocket. I would be just as capable of sending copies of the
software out in any case. My guess is the real reason for the
policy is Best Buy trying to protect itself from people buying
games, copying them for themselves and returning them. Effectively
getting a free copy. I can appreciate a company wanting to protect
themselves from this, but I don't see where that gives them the
right to sell me a defective product and then refuse to take it
back. I did a little looking around on-line and discovered
something called the "Uniform Commercial Code" that appears to
provide protection for consumers in the event they purchase a
faulty product. And, unlike the DMCA, it seems to me that this
Florida Statute applies. Even taking bound copies of the various
legal docs in and talking to the GM of the store I wasn't able to
get satisfaction. So, what's the next step? Since I felt like I was
just bullied by a big corporation that might have just broken the
law, I decided on an e-mail to the Florida Attorney General. It's
at the bottom of this post for anyone interested. I'm not really
expecting anything, but I figure it couldn't hurt. I'm also going
to talk with my credit card company and see if they can help out in
any way. Regardless, I won't be shopping at Best Buy anymore.
Caveat Emptor, indeed.
-- hr
-- hr
-- hr
-- hr
-- hr
-- hr
-- hr
-- hr
-- hr
-- hr
-- hr
-- hr
-- hr
-- hr
-- hr
-- hr
-- Hello, I'm not
sure if I'm sending this to the right place, but I have a question
about software and consumer protection. I purchased a piece of
software last night from Best Buy and, after installing it,
discovered that it didn't work even though my computer met all the
requirements listed on the package. Today, I tried to return it to
the store, but they would not allow me a refund or store credit
even after I had explained the defect. Citing the Digital
Millennium Copyright Act their statement was something to the
effect of: "We can't accept returns of software once it's been open
because of the Federal Copyright law." I did some research on-line
and found Florida Statue Title XXXIX - Chapter 672 Uniform
Commercial Code: Sales. Reading sections 672.513 (Buyer's right to
inspection of goods) and 672.601 (Buyer's rights on improper
delivery) of that document it appears to me that I should have been
able to return the faulty software. I printed out copies of the
Uniform Commercial Code, and overview of the DMCA, and the full
DMCA itself and took them in to Best Buy this evening. I was
directed to talk with the General Manager and after discussing the
documents with him, the store was still unwilling to provide me
with either a refund or store credit for the software. The options
he offered were to either get a new copy of the same software, or
to contact the software's manufacturer and take up the matter with
them. A new copy of the software would not have alleviated my
problem as the fault is with all copies of the software and not
just the specific copy I had received. As for taking the matter up
with the manufacturer, I feel that my business is with Best Buy and
not with them. So, my question: Based on the Uniform Commercial
Code, shouldn't Best Buy have had to accept my return and either
refund my money or provide me with a store credit since they were
the ones that sold me a defective product? In order to inspect the
software which led to the determination that it was defective, I
had to open the box and install it. Therefore, it seems to me that
the fact that the box was opened can not be ground for refusing to
allow me to return it. I appreciate any help that you can offer in
this matter. If I have sent this to the wrong place, I would
appreciate any assistance in directing me to the proper channels.
Thank you, - Alan W. Smith P.S. Here are some links that will take
you to items mentioned above. Full Version of the DMCA
http://tinyurl.com/42pr Overview of the DMCA
http://tinyurl.com/6u7hf Florida Uniform Commercial Code (for some
reason this goes to 2004 instead of 2005, but the 2005 version is
on the site as well) http://tinyurl.com/7mzt9 672.601 Buyer's
rights on improper delivery http://tinyurl.com/99mkp 672.513
Buyer's right to inspection of goods http://tinyurl.com/7okjf


-- categories
-- Miscellaneous

-- metadata
-- date: 2005-12-03 00:00:00
-- id: 20elsyad
-- status: published
-- type: post
-- SCRUBBED_NEO: false
-- site: aws