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Re: Target Should Refund My Money for Defective DVD
by rfb - Posted Thu December 23, 2010 @ 4:08 PM

What absolute nonsense! The DIGITAL MILLENNIUM COPYRIGHT
ACT is the culmination of treaty negotiations between Europe and the United States. No provision of this act prohibits any retailer from refunding money for defective or UNWANTED copyrighted material. Claiming it does is bogus. Granted, the act is updated regularly, but the legislation's intent is to address illegal infringement of copyrighted material and does not consider recorded movies an issue. As a matter of fact, federal legislation as upheld in the courts, stipulates that any copyrighted material that is broadcast via cable or public airways is not longer subject to copyright exclusion in that the public may record such media for its personal use, meaning we can make copies as long as we don't sell or distribute them.

Costco will accept returns on DVDs, CD, Blu-rays, etc. Best Buy, if the clerk is trained to handle your objections, will quote a federal statute it calls Chapter 7. Actually, the reference should be to Chapter 5 of the Copyright Law of the United States of America
and Related Laws Contained in Title 17 of the United States. It does detail a wealth of limitations on "service providers" but only mentions retail in passing, not once prohibiting stores from taking back or refunding purchases.

If the no-refund policy is based on a federal statute, retailers should know what the name of it. I had Best Buy refuse me a refund. They are a corporate bureaucracy with no management authority to do anything outside of company dictates. I simply exhanged my unwanted open Blu-ray disc in one Best Buy store and exchanged it in another. I took all three receipts -- original purchase slip, exchange slip, and refund slip and told the store manager what I'd done and asked that she swear a complaint with the local police. She declined. I'd e-mailed and telephoned their corporate people and received the same "It's a federal law" nonsense, so I also contacted and told them THEY had broken and I wanted to know where I could file a complaint. I leave it to your imaginations as to where they told me to go, which I did with a chuckle.

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