Why Deleted? Test Drive The Renault Latitude and Get $200 - Selected Dealers

Anyone have any idea why the latest offer was deleted? Did it not give $200 for test driving? or was it against site conditions.

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CarSales.com.au
CarSales.com.au

Comments

  • CarSales.com.au claimed that the post is violating carsales Network Terms & Conditions:

    http://www.carsales.com.au/carsales-info/terms-conditions.as…

    Especially the part under "Personal and Non Commercial Use Only". They also claim that it's violating copyright. Yes they just sent me a Cease and Desist letter via email and registered post. I am taking them down for now and investigate.

    Sadly it's the second "Copyright Infringement" letter I have received today (the other one being SUBWAY — noticed that we've removed all the thumbnails). I'll re-post part of the cease and desist later when I get a chance.

    • Thanks for replying, but the deal was legit, I didn't get around to reading the comments before it was deleted ?

    • +6

      LOL for a thumbnail?? They must hate Google Street View then!

      Next time I feel like subway ill give it a miss at least once, in protest for Ozbargain :D

  • Yes the deal might be legit, but carsales Network Terms & Conditions would prevent any user of their website from creating content on a commercial website. To them, OzBargain has ads and run by an Australian Pty Ltd so that counts as a commercial website. Although as a website operation, I DO NOT use carsales and HAVE NOT agree with their terms. However copyright infringement/cease and desist letters from the content you guys created usually land in my inbox so I have to deal with that :)

    They claimed that we have breached carsales Network Terms, in specific:

    1. use of the carsales Network is for personal and non-commercial use only;
    2. users of the carsales Network must not use or attempt to use any material published on the carsales Network to create website or publication; and
    3. users of the carsales Network must not use any automated process of any sort of query, access or copy any material on the carsales Network or generate or compile any document or database based on the material published on the carsales Network.

    Point 3 might be talking about our way of generating thumbnails, which is automated querying their website. That's the reason we replaced their thumbnails.

    I guess we'll have to put carsales.com.au into permanent ban here. Meanwhile, feel free to post Drive.com.au deals :) Or at least until they send us a cease and desist as well.

    • +2

      Nice work Scotty.

    • +9

      What a ridiculous threat.

      So CarSales goes after single users on Facebook when they 'share' the page?
      Or google for having the 'snapshot' of their page included within search?

      I agree with removing them from the network (threatening legal action for giving them traffic) but this makes me loose alot of respect for them.

      Anyway good work Scotty, thanks for dealing with crap like this to provide us such a great website

    • +1

      It's unreal how short sighted these companies are in rejecting free traffic and advertising.

  • +2

    The Renault says no.

  • -2

    sounds like the people who signed up for the deal are going to get screwed

    • +1

      Why would they get screwed? Carsales just doesn't want ozbargain "taking" their content i.e. the renault offer.

      This doesn't affect the offer in any way.

  • +2

    Lol I'd love to drive past my local Renault and check out the crowd there the next few days :P

    • You had to register on their site and book a time… so there will be no crowds..

  • so are we boycoting carsales.com ?

    • Well I don't think there is a need — they have the right to protect their IP and I just don't have the time arguing with them that people won't confuse OzBargain with them.

      Although you can no longer post CarSales related deals here.

  • If anyone has received the booking confirmation, was it via email or phone call? I left my phone at home today and requested a test drive for tomorrow at 3pm.

  • Carsales = Quicksales, right? Kinda undermines their position as an alternative auction site that doesn't behave like the overbearing control freak that is eBay. Can't win.

  • +3

    Dear xxxx
    Many thanks for your interest in the Renault Latitude On Road Reviewer research program.

    Unfortunately the program application process was tampered with yesterday morning (Thursday 18th October) and as a result we will need to re-qualify your application.

    Should you meet the criteria we would be thrilled to include you in the research program, conducted with the support of Galaxy research.

    To establish whether you are eligible, please provide answers to the following three questions via return email by 5pm Monday 22nd October. Upon receipt of your answers we will assess your application and advise whether you have been successful on this occasion.

    1. What vehicles (brand and model) are currently on your shortlist?
    2. Have you test driven any vehicles in the last four weeks? If yes, please advise the vehicles (brand and model)?
    3. On a scale of 1 -10 how likely are you to purchase in the next 2 months. 10 being certain and 1 will not purchase.
      Please note, test drives will not be scheduled this Saturday (20th October), rather they will commence from Saturday 27th October.

      Apologies for any inconvenience caused.

    Thank you again,

    Renault Customer Support

    • I just received the same email. I've responded already and hopefully will get to test drive next weekend.

    • Got the same letter. Out of interest, what did you answer to them? I imagine the answers will be very important in determining whether you get selected or not!

    • I'm confused - how was this "tampered" with?

      The original post was made with accurate information about the offer. The offer was that if you are in the market and have driven a similar car and they accepted your request, you can test drive the vehicle and receive $200.

      Looking at the comments, it does seem that some people may have entered false information which wasn't the spirit of the deal, but it's still hardly been tampered with.

      It's a pretty far fetched claim to make in my opinion.

  • They didn't mention anything about $200 in the letter?

  • +2

    Don't be scared of these big business who enjoy pushing around the little man.

    They think the have the right to control everything but they don't. They rely on their power and your ignorance, do not allow them!

    Look up the copyright laws, there are certain 'fair use' laws which enable you guys to display such materials.

    These companies just dont like you commenting on there deals because they want all the attention and have no leg to stand on rightfully so they rely on you being scared via these blanket 'copyright laws'.

    You guys are essentially commenting/reporting on the carsales and subway specials. (and any other ad for that matter) and this is considered 'fair use' by copyright law.

    http://chillingeffects.org/fairuse/faq.cgi#QID814

    "Question: Can an operator of a visual search engine use the copyrighted images of another owner as "thumbnails" in its search engine?

    Answer: Probably. The creation and use of "thumbnails" — smaller, lower resolution copies of an image the enlargement of which would lead to a loss of clarity of the image— as part of such a search engine may be a fair use. "

    "Question: I found something interesting on someone else's blog. May I quote it?

    Answer: Probably. Short quotations will usually be fair use, not copyright infringement. The Copyright Act says that "fair use…for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright." So if you are commenting on or criticizing an item someone else has posted, a court would likely find that you have a fair use right to quote."

    http://en.wikipedia.org/wiki/Fair_use

    • +1

      do not allow them!

      You first.

    • Yes I know about the copyright fair case especially regarding to thumbnails — there were prior cases in US where copyright claims have been over-turned. In fact those are usually my first reply whenever someone claims copyright over thumbnails or text snippets on OzBargain violating their IP.

      However you'll see that those are court cases in US. Without a prior case in Australia, the only way to find out is trial in the court here. And the big companies know that most small shops won't have the money nor time nor energy to go through these.

      Subway came back citing thumbnail is not covered by Australian Copyright Act of 1968 as Fair Use (yeah right, "thumbnail images" in 1968). However you expecting me to argue against that in court? Took me half an hour draw up "5UBW4Y CLAIMS THUMBNAILS INFRINGE COPYRIGHT" on Gimp, updated our screenshot server to always return that if domain is Subway, and get that over and done with (hopefully).

      CarSales on the other hand it's more complicated because their terms & conditions say the content cannot be posted on other commercial site. In this case we'll have to do a blanket ban on their network.

      Do we like to be "bullied" by the big business IP lawyers? No way. Do we have a leg to stand on if there's a court case? Quite possible. Do I want to go down that path? Not really.

      Anyway. As OzBargain grows, we are getting more and more "threats". Other than copyright infringement notices, there are also claims of defamation/libel this week, merchant demanding contact details of some members here (note: as per our privacy policy, we do not share your contact information with 3rd party — unless it's a court order). Time to find some quality (and hopefully cheap) legal advice :)

      • +9

        this is sound scary now.. thanks for your awesome work scotty. "With great power comes great responsibility"

      • +1

        Re them asking for specific user details:

        People do need to be careful what they say online. You can get yourself in trouble pretty easily. BUT, any business that wants to go down these lines is taking a huge risk. By making a big deal about it they drive more attention to the persons statement. They also and come across as a bully going after the little guy. That can very easily turn into a backlash against the business.

        • +1

          I just think people need to be more careful online. Unfortunately people still think the internet is the 'wild west' and anything goes which is not true. As technology advances the internet will be the norm. The internet is serious business, to me its no different than real life and people should treat it like so. I have no sympathy for individuals who defame/libel other peoples business no matter how big or small that business happens to be.

        • +2

          Unless they are Apple.

        • But samsung wasn't a small business, Didn't apple and samsung rival against each other?

      • Just because big business states so in their "terms & conditions" does not exempt them from fair use laws.

      • Been a while since I signed up but did/do we provide more details than what can be seen in our account profile and settings?

        • I don't think so. Most people never bother with the profile fields. Username and email address are the only things required, and some also felt reluctant to fill out the Location field.

  • +1

    Scotty,

    Go to 4:23 of this video.

    https://www.youtube.com/watch?v=S521VcjhvMA

    "making money or not does not determine whether the usage is fair or not"


    I recall you said these big business's say "your a commercial website because your running ads" their just trying to scare you and depend on your ignorance and fear. Whether you make money or not is irrelevant in fair use!

  • +2

    So has anyone actually been able to get a date confirmed for a test drive with this offer?

  • I got accepted, and got this email just now

    Congratulations, your registration to be a Renault Latitude On Road Reviewer has been accepted. As someone who is in market for a mid sized car, has test driven the competition and is ready to purchase soon we would love for you to participate in our research program.

    We will need you to test drive the Renault Latitude and then complete the Galaxy Research questionnaire. As thanks for your time and opinion, you will receive the Eftpos cash card worth $200 following completion of these steps on the day.

    Please see attached Renault Latitude On Road Reviewer booking confirmation. Please let us know if this is not suitable.

    Many thanks,
    Renault Customer Support

    • I also got the same email as well. I am looking for a medium sized car though and have already done some test drives.

  • I was looking at the VOUPON site that is being promoted in the Group Buying forum and note that they have a VOUPON for getting this $200. I can not link to it. Maybe someone else can. It's a pop up.

    It is in the ONLINE OFFERS section when I searched for melbourne. Voucpon had no actual non online offers for perth so i was looking at melbourne.

    • +1

      It is VOUPON # V1267

  • I'm booked in for a test drive. Deal is legit.

  • Woot went for a test drive. The whole process took about 35 minutes and walked out with a $200 eftpos voucher :D

    • +2

      Like wise for me. I went there at 4pm. I was already 11th tester of the car for the day. In fact, it almost ran out of fuel and only tested it for 15 mins. No obligations or pushing sales people selling car on the spot. Interesting question about what animal Renault Latitude represent though.

  • Don't go Peter warren in warrwirck farm, asked me to explain why I want the car, etc!!! After 2.5 hours on train, 45 mins of explaining the sales rep why I want to test drive, 5 mins drive down the block, 2 mins of answering questionaire, PT-Ing home wit hard earned $200 ozbargain style !!

  • Has anyone worked out how to get the $200 cash out of the card? Can we put it into an atm and simply withdraw the $200 or will that incur charges?

  • Had my test drive today at Peter Warren,
    Staff were friendly and nice,
    Didn't get asked much, just general questions about what cars I've been looking at and went for a drive.

    Did tree short survey when I got back and that was it.

    It says on the card that you can't use it at atm's, I'm sure you will find somewhere to use it.

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