Beachbody wants scratched dvds returned

[gigi]

I'm totally with you on this one Lexy! They aren't copies...they are a scratched set that I was told to keep. They now belong to me, not BB. I've offered to loan people workouts that I want back and I want this set back to loan out until I decide whom to give it to for good. Something good ought to come from this whole BB fiasco...I'm just doing my part! I'm spreading the CLX and that's a good thing b/c I'm helping others and again, I'm pretty sure I'm helping BB. Who know, if someone had loaned me P90X, I may have broken down long before now to buy BB products, even with all the problems/fiasco's that go along with ordering from BB.

[macska]

Originally Posted by gigi

I'm spreading the CLX and that's a good thing

Maybe that's the reason they don't want the busted copies back. As long as Chalean names circulates around it's good for the future. The more who know her the better it is for BB.

[lissalaurel76]

Originally Posted by Kathryn

I again agree.

I'm in a different field, but when I found out that a colleague to whom I passed on a course syllabus so she could see how I broke down the course over the semester (so she could use that info in planning to teach the course for the first time) had not only taken my breakdown (not a problem, that's why I had passed it on to her: so we would have consistency from one section to anotehr) but had taken almost word-for-word (she changed maybe 5% of it at most) my 'teacher talk' blurbs where I talk about the different aspects of the class--my words, my voice!---I was shocked. And I let her know that it was NOT acceptable.

Immediately after that, I added a note on the "information for teachers" section of my website to anyone visiting that all materials were copyrighted by me, and permission was required before using them.

That's a different thing altogether, though. She was copying what you had said. Nobody here is making copies of the DVDs. If Beachbody produced those DVDs, they are not bootlegged, they are not illegal. They can most certainly be passed on because the discs themselves are actual property of the person to whom Beachbody told to keep the DVDs. That is now something that belongs to the person. They cannot, most certainly, make multiple copies, but they can pass on the copies they own in any way they please.

[Debbie S.]

I definitely think that this was a learning lesson for BB. They made the assumption that the DVDs were defective when people started calling in for replacements. Had all my disc played, I never would have called them. I have received many scratched disc over my years of owning DVDs. If they play, then I don't have a problem. I know some people want pristine copies and they are entitled to what they want.

I hope BB just makes it standard practice now to email a return shipping label so their consumers can return the questionable DVDs. Cathe does this all the time. I love their workouts and I want this company to thrive.

[Alan]

Originally Posted by Debbie S.

I definitely think that this was a learning lesson for BB.

I agree. Throughout this whole fiasco I know I wasn't the only person who wondering WTH BB was thinking sending out hundreds of scratched DVDs and then hundreds more complete sets as replacements without making sure the problem was straightened out first.

I'm no lawyer, but I would guess that legally people are free to do whatever they want with the scratched disks they were told to keep. A good analogy would be if one purchased a book that had some type of minor printing defect (i.e., pages that are out of order, slightly illegible, etc.) and given a replacement copy in addition to being told to keep the defective one. In that instance I personally wouldn't have a problem with giving the defective book away to anyone who would want it.

[lissalaurel76]

Alan, that's exactly right. When you buy an item, or are told to keep an item upon replacement due to damages, you are not purchasing or keeping the rights to intellectual property. You aren't selling or giving away the rights to the content of the product, but rather you are giving away or selling the item for usage of the product, not rights to copying said product. There is a big difference. It's not intellectual property being talked about, it's goods for use which can be bought & sold, loaned, or given away. You can't manufacture your own copies unless you have a legal right to do so, but you can give way, loan, sell, the product which you do own.

Think of it this way. If you bought somebody a gift (or gosh, even sold an item to somebody), you are giving that item to that person. That gift legally now belongs to that person to do with as he or she pleases. You can't give a gift & then later say, "hey, you can only do this or that with it, or you can only keep it for you. If you ever want to sell it, loan it, or give it away you have to give it back to me or keep it for yourself for always and forever." THAT is not a gift. THAT implies that the person in fact does not own that item. In fact, for all intents and purposes, it is on loan to them for their usage until such time as they return it to you or destroy it.
No, that person can in fact do with the gift whatever he or she pleases. The person did not pay for the item, it was gifted to him or her. (or if he or she bought it, then the item belongs to him or her to do with as he or she pleases)

Well, the same principle applies here. Beachbody told people, "hey, keep the bad stuff. We'll send you new items. It's all yours to keep." In essence, it's the same as a gift. In fact, truth be told the bad discs were bought & owned while the replacements were gifts. If you wanna get technical, you should be upset that people would sell, loan, or give away their good copies that Beachbody is sending. The people own the bad ones, they paid for them, it's the new ones that Beachbody is gifting. (really, it's not a gift, it's a replacement, but the same principle.)
In any event, ownership is now that of the person to whom Beachbody sent the products. The items can be passed around however a person sees fit. There is no contract stating that once an item is no longer being used by said person that they have to send it back. No, that item is the property now of that person. It cannot be reproduced, but it can be bought, sold, loaned, or given away.