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Web site touting bargain barcodes gets no smiley face from Wal-Mart


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By CHUCK BARTELS
Associated Press Writer

April 14, 2003, 8:10 PM EDT

LITTLE ROCK -- Wal-Mart Stores Inc. wasted no time in demanding removal of a Web site touting a way to print barcode stickers that can be placed on items in a store to illegally ring up cheaper prices.

But an operator of the site, re-code.com, says the joke is on the world's largest retailer.

Since receiving a cease-and-desist letter from Wal-Mart, the site has disabled a link that would allow users to print barcode labels that could be slapped on store items for an illegal discount.

"We were advised by our lawyers it would make sense to remove those for now," said a person identifying himself as Nathan Hactivist. He responded to an e-mail request for an interview Monday and wouldn't give his real name.

"We don't feel that re-code is violating laws and we have yet to be told what laws re-code is violating," he said. The site prominently display's Wal-Mart's letter.

The site's aim, according to Hactivist, is to draw attention to price manipulation and get people to discuss what's behind low prices. In Wal-Mart's case, he cites its staunch anti-union stance, among other issues.

"Re-code itself could be used to define the way the war (with Iraq) is being sold to Americans," he said. "Both processes are the old switcherroo ... whether it is selling a war to the American population or buying a bag of chips for the price of a gum ball."

He said he's received no indication anyone has used the fake barcodes, but doing so would make shopping "performance theater."

"The cashiers (and) other customers become your performance targets," he said.

Wal-Mart spokesman Tom Williams said Monday that a lawyer for the company sent the April 2 letter, a missive that went out not long after the site went up on March 20.

"We're in business to stay in business, and you can't allow things like that to go on," Williams said. "We're not going to allow illegal behavior."

Hactivist said traffic is up at the site and said he's enjoying the attention. He said he was intimidated when he first received the letter but the site's lawyers calmed him down. He said they assured him he'd broken no laws and noted that typing up instructions for how to create phony barcodes would be protected speech under the First Amendment.

Hactivist said he operates in "upstate New York" but would not reveal a specific city.

Williams said thieves in the past have used fake bar codes, and that the company does not want people using a Web site to print them onto labels.

"We have to constantly protect our bottom line, our shareholder value and protect our assets for our customers," Williams said.

Hactivist said he's waiting for Wal-Mart's next move but said he suspects there may not be one.

"It (may be) best for them to just drop it and let it die away like every other Net phenomenon," he said.

Copyright © 2003, The Associated Press


 









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