Black Friday 2011

Some websites offer information about day after thanksgiving specials up to a month in advance. The text listings of items and prices are usually accompanied by pictures of the actual ad circulars. These are either leaked by insiders or intentionally released by large retailers to give consumers insight and allow them time to plan.
In recent years, some retailers (including Wal-Mart Stores, Inc., Target Corporation, OfficeMax, Big Lots, and Staples, Inc.) have claimed that the advertisements they send in advance of Black Friday and the prices included in those advertisements are copyrighted and are trade secrets.
Some of these retailers have used the take-down system of the Digital Millennium Copyright Act as a means to remove the offending price listings. This policy may come from the fear that competitors will slash prices, and shoppers may comparison shop. The actual validity of the claim that prices form a protected work of authorship is uncertain as the prices themselves (though not the advertisements) might be considered a fact in which case they would not receive the same level of protection as a copyrighted work.
The benefit of threatening Internet sites with a DMCA based lawsuit has proved tenuous at best. While some sites have complied with the requests, others have either ignored the threats or simply continued to post the information under the name of a similar sounding fictional retailer. However, as the DMCA allows websites 24 hours to comply with the take-down notice or file a counter notice, careful timing may mitigate the take-down notice. An Internet service provider in 2003 brought suit against Best Buy, Kohl's, and Target Corporation, arguing that the take-down notice provisions of the DMCA are unconstitutional. The court dismissed the case, ruling that only the third-party posters of the advertisements, and not the ISP itself, would have standing to sue the retailers.