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stories about: "best buy"
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
china, knockoffs, patents

Companies:
best buy, changzhou asian endergonice electronic technology co., wal-mart



Chinese Company Sues American Retailers For Selling 'Knockoffs'

from the yes,-read-that-again dept

Jake points us to a story that (as Jake notes) makes you read the headline twice to make sure you got it right: Chinese Company Sues in U.S. to Block "Knockoff". It's not really "knockoffs" that they're suing over. It's a patent infringement claim from Changzhou Asian Endergonic Electronic Technology Co., which is upset that Best Buy, Wal-Mart and some other retailers are selling a competitors' dashboard mount that it claims is covered by its own patent.

Now, there are a bunch of points worth discussing here. First, apparently this is the first such case of a Chinese company (based in China) suing in the US over a patent infringement claim (a claim that really surprises me). Considering the long history of China copying (blatantly) American products and then reselling them, it's really quite fascinating to see a Chinese company now complain about the "reverse." Of course, as we've been highlighting recently, there's been a big push in China to build up a belief in patents. It seems this firm has already learned the basics of the American patent system: it's suing in Texas, of course!

The other odd thing about this case is filing the lawsuit against the retailers. The company is also suing the manufacturer (another Chinese company) which makes sense, but I've never understood why going after the retailer makes sense. Best Buy, Wal-Mart and others shouldn't need to investigate every product they sell to determine whether it violates someone else's patents. Let that be handled between vendors. Dragging the retailers into the lawsuit is just a waste of resources.

25 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
patents, payment

Companies:
actus, amazon, american express, apple, bank of america, barnes & noble, best buy, capital one, citigroup, disney, ebay, google, jp morgan, mastercard, visa, vivendi, wal-mart, western union



Store Payment Info In Your Online Store? Watch Out For Patent Infringement Lawsuits

from the pay-now dept

Bill Squier alerts us to the news that a bunch of companies have been sued for daring to store consumer payment information and allow either stored value payments or one-click payments on their site. The article linked here focuses on Apple as a defendant, and notes 14 other companies were sued as well, but in researching this, I found that Joe Mullin actually wrote about another batch of companies (20 of them) that were sued back in April. The earlier lawsuit included Google, Wal-Mart, Bank of America, Capital One, JP Morgan Chase, Mastercard, Visa, Vivendi, Disney and Western Union among others. The more recent lawsuit has (as mentioned) Apple, Best Buy, Amazon, American Express, Barnes & Noble, Citigroup and eBay among others. So... basically any online e-commerce site, credit card company or big bank.

As for the patents in question, they're all a variation on a "method and apparatus for conducting electronic commerce transactions using electronic tokens." The specific patents are 7,376,621, 7,249,099, 7,328,189 and 7,177,838. Reading through the claims, this seems like an incredibly typical online system for storing payment info and seeing if the person can actually pay. Since the patent system defenders among our readers get quite upset whenever I say something seems "obvious" to me, let's flip this around. Can anyone explain how these concepts were not obvious at the time of filing?

Not surprisingly, the cases have been filed in Marshall, Texas... and as Joe Mullin figured out, the guy who is running "Actus" is a lawyer known for representing some infamous patent hoarding companies. He also discovered that the lawyer representing Actus in these lawsuits appears to share an office (or at least the same address) with the son (who is also a patent attorney) of the judge handling the case. At some point, do people start questioning whether or not there's a conflict of interest there?

35 Comments | Leave a Comment..

 
Deals

Deals

by Mike Masnick


Filed Under:
downloadable music, mergers, subscription services

Companies:
best buy, napster



Napster's Next Chapter: Merged Into Best Buy

from the yawn dept

Napster, which now has almost nothing other than its brand to connect it to the revolutionary music sharing service Shawn Fanning launched nearly a decade ago, is about to undergo its latest shift, as Best Buy has bought what remains of Napster for $127 million, representing a hefty premium on the already pretty weak valuation of the company. Ever since Roxio bought Napster -- and renamed itself Napster -- the company has tried to position its music subscription offering as a huge success, but there's been little evidence to back that up. Now selling off to Best Buy for such a low price pretty much confirms that there wasn't much there.

10 Comments | Leave a Comment..

 
Failures

Failures

by Mike Masnick


Filed Under:
blu-ray, dvds, hd-dvd

Companies:
best buy, netflix, toshiba, wal-mart



HD DVD May Finally Be Dead... Only Three Years Too Late

from the still-time-to-salvage? dept

A few weeks ago, when we noted that it really looked like HD DVD might finally be done for, we were surprised to see the number of folks in the comments insisting that we were crazy, and HD DVD had a long future ahead of it. Well, it appears that future has been cut short. In the past week, Netflix, Best Buy and Wal-Mart all said they would sell exclusively Blu-ray players and discs going forward, squeezing out whatever last minute hope there was of rescuing HD DVD. Now reports are finally coming out that Toshiba has come to terms with the inevitable and will officially kill off HD DVD in the next week or so. The thing is, this is really three years too late. There were three years where a next generation DVD standard had an open market to dominate. Yet, in those three years, the ability to deliver videos online has grown tremendously, meaning that there's even less of a reason today to upgrade than in the past. No, internet delivery of movie content isn't ideal yet. It's still much easier to use a disc -- but the gap has closed quite a bit and it's only going to get narrower -- until internet delivery systems surpass any kind of disc-based system. It's a classic "innovator's dilemma" where internet delivery mechanisms are getting better at a rate much faster than next generation DVD systems. Those three years of fighting over standards is going to come back and bite everyone who spent all this time fighting over a standard only to miss the larger picture.

48 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
laptops, lawsuits, lost laptops

Companies:
best buy



Woman Sues Best Buy For $54 Million Over Lost Laptop

from the some-attention-please... dept

It's tough to value a lost laptop. After all, there are often all sorts of private information and content of sentimental value on a laptop. So, when a woman discovered that Best Buy had lost the laptop she gave them to fix (after repeatedly lying to her about how soon the laptop would be fixed), she decided to sue the retailer for $54 million (found via Engadget). She admits that she's not really expecting to get the $54 million, and simply chose that number to get media attention (it's working), but given the run around that Best Buy gave her, it's not too surprising that she rejected its last offer of $2500, a $900 gift card and a refund on the laptop. Originally, the company had just offered her the gift card (less than the cost of the computer). It wasn't until she filed the lawsuit that Best Buy seemed willing to offer something more. The woman also had some friends contact the store manager of the store that lost the laptop, and he responded to them by saying "we strive to deliver the experience that every customer deserves to receive" and "not every customer can be satisfied." That seems like a pretty weak response to having completely lost someone's laptop you were supposed to repair.

91 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
patents, wifi

Companies:
acer, apple, best buy, broadcom, circuit city, dell, intel, lenovo, sony, texas instruments, wi-lan



Wi-LAN Follows New Patent Hoarder Strategy: Sue Everyone All At Once

from the this-is-innovation? dept

Three and a half years ago, I wrote an article about the coming WiFi patent problem, focusing on the Canadian company Wi-LAN who claimed a bunch of patents related to WiFi technology. The company started off by suing Cisco. That lawsuit was eventually settled, but Wi-LAN clearly wasn't done yet. The company has now sued 22 different companies for violating its patents. This strategy seems to be the new strategy of patent holders: sue a ton of high profile companies all at once. It's what Sandisk did for example. Why is it becoming more popular? Because these patent holders are afraid that one of the potential targets might sue them first, seeking a declaratory judgment saying they don't infringe, and do so in a court other than the patent friendly court in Marshall, Texas. Oh yeah, Wi-LAN also notes that it's more economical to sue everyone at once. How nice of them.

Of course, Wi-LAN is hardly the only company that claims patents having to do with WiFi. It's a true patent thicket. If all these patents were actually valid and needed to be licensed no one could afford WiFi and it would be worthless. It's also worth noting that Wi-LAN's target list is somewhat ridiculous as well. It appears to be suing up and down the supply chain from chip suppliers like Broadcom and Intel to computer makers like Apple, Dell, Lenovo and Sony all the way to retailers like Best Buy and Circuit City. Assuming that all are somehow responsible for paying Wi-LAN the company could conceivably get license fees three or four times for the same computer. It's not hard to start adding up the questionable things going on here: (1) broad patents that are claimed to be important for a standard long after that standard has become widespread (2) these patents are one of many, many patents that claim to cover WiFi technology (3) filing the lawsuit against many companies at once (4) filing the lawsuit in east Texas and (5) filing the patents up and down the supply chain. This isn't what the patent system was designed to do and patent attorneys know it.

147 Comments | Leave a Comment..

 
Overhype

Overhype

by Mike Masnick


Filed Under:
video sharing

Companies:
best buy, youtube



Best Buy To Offer A Paid YouTube Clone?

from the but-why? dept

Best Buy may have been able to trick people over its fake website, unwanted MSN subscriptions and impossible to obtain rebates, but can it also fool people into believing you need to pay Best Buy to host your home video clips online? Apparently the company thinks so. It's unveiling its own "alternative to YouTube" for customers to host their home videos. The only catch? While YouTube is free, Best Buy's offering will $7 for 100 minutes worth of video hosting. Considering that Best Buy's prices are rarely your actual best buy, perhaps the company has just settled into the fact that its sweet spot is in serving the uninformed customer who doesn't seem to mind paying for what's free elsewhere.

17 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
class action, free trial, racketeering

Companies:
best buy, microsoft



Supreme Court Lets Class Action Racketeering Suit Against Best Buy & Microsoft Move Forward

from the the-not-so-free-paid-trial dept

Way back in 2003, we wrote about accusations that Microsoft and Best Buy were scamming customers into signing up for Microsoft's ISP MSN. The accusation was that Best Buy employees would scan the "free trial" MSN CD-ROMs that were at the store when customers would make a purchase. Customers wouldn't realize it, but the scan would then charge that customer's credit card once the free trial ended, signing them up as fully paying customers. While we wondered how widespread this practice was, some Best Buy employees have come forward to confirm that it was done at times. Both Best Buy and Microsoft have been fighting the case, and an appeal went all the way up to the Supreme Court, trying to get the case thrown out, but the Supreme Court has refused to review it, meaning the case can move forward. Of course, what's left out of much of the coverage is that lawyers working for Best Buy have already admitted to altering some of the documents he handed over in the case, which certainly doesn't bode well for Best Buy. While it's still unclear just how big a "class" this covers, if the two companies really were involved in such an activity, it does seem quite sleazy.

16 Comments | Leave a Comment..

 
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