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Subject: absurdity is in the eyes of the beholder...

Author: Mike Byrne

Date: 15:40:49 06/18/03

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On June 18, 2003 at 12:50:24, Mr j smith wrote:

>For those who continue to insist that Chessbase has wronged them by not
>including 2 free engines with their purchase of Junior 8, in the face of the
>plain meaning of the advertisments (which clearly state that only Deep Junior
>purchasers receive the 2 free engines ), in contrast to the ambiguous cd covers,
>and example from the real world may help show why your whining will fail to
>bring you satisfaction.
>
>Suppose that a franchise holder of Mercedes Benz automobiles places an ad in
>various newspapers and by accident the people in charge of the advertising copy
>switch prices and certain details of a Mercedes Benz with a plain old Ford
>sedan.  In my example instead of selling for $50,000 the Benz was advertised for
>$10,000.
>
>Do you think it would be both fair and legal for Mercedes Benz to honor such a
>mistake?  Of course not.  There is no court in the United States that would
>honor such an obvious mistake, and in the United States, there is the UCC
>(Uniform Commercial Code) which deals with such issues.
>


It depends on the mistake -- I agree with your example above since $10,000 for a
Mercedes is obviously wrong.  But there have been many cases where the error is
not obvious and the advertiser is made to honor it.  It clearly not an obvious
error to the consumer that offering 2 engines for the price of one engine is in
fact an error.  Many chess programs do offer 2, 3 or more engines for the price
of one engine.

But regardless of whether it will hold up in court, and who is legally correct ,
how Chessbase handles this little snafu is extremely important.

They will get "kudos" for standing up and saying, there was a mistake and
corecting it as many believe here  should be done.  Or they may hide behind "it
not our error" and stiff their loyal customers , some of whom truly believed
they were getting two engines.

IMO, the fix is so simple and low cost, they will be foolhardy not to release a
tweaked version of Junior as the extra engine and I bet they do.  Knowing Amir
and Shay (from a distance), they will insist upon it.



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