Is it against copyright laws to echange an opened DVD

[Diamond Cross]

Wallmart does take returns on DVD, but only to replace the DVD and you must have everything.

 

[Steel_Wind]

No it is not.

No ifs and buts or maybes. Policy and so forth are exactly that - policy.

It is not, without more, a violation of copyright law, in the public and criminal language of the statute.

[end]

 

[Jdvn1]

I don't have an issue with the policy. If it is store's policy that's fine. But I thought it was odd that the woman was using copyright law as the reason why.

I haven't gotten by the store yet, but I think they have a no-return policy on their games. I understand the policy, but if they stick to it, how do I get my money back? This is not a case of a defective disk, this game program just will not work for me.

If when I get to the store, they don't take it back, what can/should I do? The game producer is at fault, and I should not have to give up $30 for something that won't work for me -- a problem I didn't (and couldn't) know about until I tried it.

Bullgrit

Store managers can bypass a lot of company policies. If you take the disc back to the store and tell them it's defective, they might offer you a replacement disc. If, however, you tell them you've tried two replacement discs already, you're fed up with the game, and a replacement disc won't do this time (you'll have to tell this to the manager, likely), they're more likely to give you your money back, or at least give you store credit.

You don't necessarily have to throw a fit, but you do have to be adamant.

 

[frankthedm]

BioShock: No Sound?

 

[Dannyalcatraz]

I went to my local Best Buy to exchange a DVD that was opened but unwatched. We accidentally bought a second copy of something we had. I was unable to exchange it because as the woman said it was against Copyright laws do do so.

I'm wondering if this is true. Do copyright laws make it illegal to exchange opened DVDs for something else?

No.

The problem you just encountered is that a lot of companies that deal with the public sale or reproduction of intellectual properties have a workforce that is 99% composed of people who don't understand copyright law.

Because of this, their leadership typically seeks out the advice of attorneys who, finding that the leadership can't understand the (really pretty clear) rules about what is and what isn't a violation, then resort to blanket statements of "Just don't do X and you'll never have an issue." Which is the message that the rank and file get.

There is a valid concern for places like Best Buy that someone may buy, open, copy and try to return a DVD or the like, and they fear a lawsuit because of it. However, since the same person could just as easily sell the open DVD to someplace like Half-Price books*, I'd say they're overreacting to the threat. Still, that fear has shaped their policies: you generally can't return open material for anything except for replacement of the same.

What they don't realize is that the law protecting things like DVDs and the law protecting books is essentially the same- electronic media just have additional protections due to their ease of reproduction- so anything you could legally do with a book you could do with a DVD.

But even if you can return a book to your store, odds are high that they have that no open returns policy about DVDs. Don't try to argue the law with them, they won't understand.

I ran into this kind of thing while trying to get color photocopies of the text on a CD that showed its new, huge, unmissable FBI warning for an academic presentation on piracy, and was told that this would violate Copyright law. Despite flashing my Bar card and telling them that this was 1) academic fair use according to the law, and 2) I wasn't copying the songs, just the label, they wouldn't budge.

Just sigh, shake your head and walk away from it, man.


* Who, BTW, won't take unopened material because they fear its been shoplifted.

 

[Crothian]

Just sigh, shake your head and walk away from it, man.

I didn't do that. I went up their chain of command and got a call from what I guess is their corporate legal section (they identified themselves as Best Buy legal and the area code was not local to me). I'm not sure why I got a call back from them and not customer service but I guess since it involved laws someone sent it that way. Anyway they told me it is in fact no against copyright and the employee was wrong to say it was. They then asked for the store name and the person who helped me so that they could send a memo to fix the problem and make sure it does not happen again.

 

[Dannyalcatraz]

I'm (pleasantly) surprised that you got that kind of response!

It seems that some companies are doing a better job of educating middle management, at least, and still remember what customer service is all about.

 

[jaerdaph]

They then asked for the store name and the person who helped me so that they could send a memo to fix the problem and make sure it does not happen again.

Well, at least we can all rest well knowing that even though it probably cost her that lousy minimum wage job in a recession economy, at least she'll know the difference between a return policy and copyright law!