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One Year Later, USPS Looks Into Gamefly Complaint 183

Posted by Soulskill
from the good-luck-answering-in-less-than-a-year dept.
Last April, we discussed news that video game rental service GameFly had complained to the USPS that a large quantity of their game discs were broken in transit, accusing the postal service of giving preferential treatment to more traditional DVD rental companies like Netflix. Now, just over a year later, an anonymous reader sends word that the USPS has responded with a detailed inquiry into GameFly's situation (PDF). The inquiry's 46 questions (many of which are multi-part) cover just about everything you could imagine concerning GameFly's distribution methods. Most of them are simple, yet painstaking, in a way only government agencies can manage. Here are a few of them: "What threshold does GameFly consider to be an acceptable loss/theft rate? Please provide the research that determined this rate. ... What is the transportation cost incurred by GameFly to transport its mail from each GameFly distribution center to the postal facility used by that distribution center? ... Please describe the total cost that GameFly would incur if it expanded its distribution network to sixty or one hundred twenty locations. In your answer, please itemize costs separately. ... Does the age of a gaming DVD or the number of times played have more effect on the average life cycle of a gaming DVD?"
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One Year Later, USPS Looks Into Gamefly Complaint

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  • Is it me? (Score:5, Insightful)

    by topham (32406) on Wednesday May 05, 2010 @01:11AM (#32094440) Homepage

    Is it me, or is GameFly being dicked around?

    Some of the questions look valid, but others are completely obtuse and look like they are designed to waste GameFly's time and resources, not resolve the problem.

    • Yes.

      • Just because you're asked a bunch of questions, doesn't mean that you have to waste time answer each and every one. Just answer the relevant ones and for the irrelevant ones, provide a short explanation why it is irrelevant.

        I find it hard to believe that USPS has a "be gentle" policy with Netflix and a "crush 'em" policy with GameFly.

    • Re:Is it me? (Score:5, Interesting)

      by stephanruby (542433) on Wednesday May 05, 2010 @01:45AM (#32094582)

      Some of the questions look valid, but others are completely obtuse and look like they are designed to waste GameFly's time and resources, not resolve the problem.

      I agree. That being said, as a Netflix customer, I can pretty much testify to the fact that my mail man used to break an awful lot of DVDs trying to shove them in my mailbox and then try to close it (so he could get back his keys, I live in a four apartment building so it's a set of four mailboxes he opens together). It became such a problem, I took down my subscription from 4 DVDs to only 1 DVD at-a-time. Usually, it's when there was more than one DVD in there, that at least one of them would break (or at least warp so badly, that it became completely unplayable).

      One fix would have been to ask my landlord that he install a bigger set of mailboxes, but the space in the brick wall is so limited, that any change would become a major construction project to replace anything (so I didn't even ask). Another fix is to try to talk to the mail man, but for some reason, my route is not considered a good one (although, it's still a good neighborhood), so it's nearly a different person delivering the mail every week. Another fix would be to have an additional mailbox made especially for DVDs (that, assuming there was an easy way to attach it to my existing mailbox, I would buy in a jiffy).

      • A fourth fix would be to rent a PO box of appropriate size and have your DVDs mailed there.

        • by idontgno (624372)

          An option which combines the convenience of driving down to the neighborhood video store with the savings of renting an additional mailbox ON TOP OF renting the video.

          Also known as "giving up".

    • Re: (Score:3, Insightful)

      by 91degrees (207121)
      Given that Gamefly is losing millions here, relatively speaking, it's not going to be a major pain for them to answer these questions. It makes sense to be thorough.
    • Re:Is it me? (Score:5, Insightful)

      by iamhassi (659463) on Wednesday May 05, 2010 @01:59AM (#32094620) Journal
      "Is it me, or is GameFly being dicked around?"

      Without a doubt. GameFly basically said last year "Look dude, you keep breaking my shit and you handle my competitors shit with silk gloves. WTF?"

      USPS responses a year later with "We don't know what you're talking about. We want copies of all research on all mailer designs you've tested, including the results of each test and what advantages or disadvantages were found and the research used to determine these advantages or disadvantages."

      USPS even accused GameFly of stealing their own games:
      "Please describe any measures GameFly undertakes to manage or limit theft. In your answer please include the anti-theft procedures utilized in GameFly’s own plants and during transit of GameFly mail to and from postal facilities."

      W...T....F.... USPS are you serious? So, if I call you and say "hey my mail keeps disappearing" are you going to tell me "what are YOU doing to stop it?"

      And like the article says, some of these questions are just ridiculous, like: "USPS/GFL-28. Please describe the total cost that GameFly would incur if it expanded its distribution network to sixty or one hundred twenty locations. In your answer, please itemize costs separately."

      So USPS wants them to just figure out how much it would cost to expand to 60 or 120 locations, and then give them a itemized cost of doing so? That alone could, if done realistically, take hundreds of man hours, to determine where these 60 or 120 locations would be best located and the cost opening up a new facility in each of those areas.

      USPS even wants GameFly to analyze the material DVDs are made of:
      "USPS/GFL-30. Has GameFly conducted any testing related to materials used in the DVDs it distributes or that it is aware respective manufacturers have undertaken? In your answer please describe the tests and any results from the tests, including breakage rates for the materials tested."

      This is a giant middle finger from USPS to GameFly if I've ever seen one.

      USPS, you didn't have to be such an ass, a simple "Ok we'll give you the same treatment as Netflix and Blockbuster" would have been the right thing to do.
      • Re:Is it me? (Score:4, Interesting)

        by tophermeyer (1573841) on Wednesday May 05, 2010 @08:43AM (#32096628)

        W...T....F.... USPS are you serious? So, if I call you and say "hey my mail keeps disappearing" are you going to tell me "what are YOU doing to stop it?"

        Regarding this point, I think this is pretty much a USPS standard policy. I have had two separate instances where packages delivered through USPS have gone missing. USPS claims they were delivered, I never received them. On both instances, I had the same kind of response from them, and it didn't really surprise me. After all, they are leaving video game disks in mailboxes that are frequently not secured. It seems logical that there are people in the world that will steal those disks, and it also seems logical that USPS would not feel inclined to take responsibility for that. Its crappy customer service for sure, but I can understand the thinking.

        GameFly disks come in a largish stiff cardboard packet that does not bend. Netflix disks come in similarly sized paper envelopes that do bend around the corners. Netflix mailings are relatively easy to stuff into a small mailbox because they literally have a footprint the size of a DVD (small). GameFly's mailings are not nearly as flexible, so again it does not surprise me that USPS is questioning why kind of research GameFly conducted to determine that this package was the most appropriate.

        • IIRC Netflix was getting heat from the USPS for their mailers not being rigid...
          To me that sounds like GameFly is using the USPS recommended mailer style.

          My first thought, however, is that if the disks are being broken that's a USPS issue, if they are disappearing that is an end user losing the disk and saying "I mailed it back, honest!".

        • by jandrese (485)

          GameFly disks come in a largish stiff cardboard packet that does not bend. Netflix disks come in similarly sized paper envelopes that do bend around the corners. Netflix mailings are relatively easy to stuff into a small mailbox because they literally have a footprint the size of a DVD (small). GameFly's mailings are not nearly as flexible, so again it does not surprise me that USPS is questioning why kind of research GameFly conducted to determine that this package was the most appropriate.

          Is this true?

      • USPS, you didn't have to be such an ass, a simple "Ok we'll give you the same treatment as Netflix and Blockbuster" would have been the right thing to do.

        Even better: "Oh, saw your email yesterday. Let's take a look. Hey Gamefly: what fraction of your shipped discs are damaged in transit? Hey Netflix and other competitors: same question."

        And then either:

        a) "Holy-shi-ite! We *are* mishandling yours worse than the others! Sorry! We'll instruct our employees not to treat packages differently!"

        b) "See, we f*** up everyone's shipments this much. No bias here!"

        • We *are* mishandling yours worse than the others! Sorry! We'll instruct our employees not to treat packages differently!

          It's not quite that simple. The packaging is different as well, which could easily contribute to the problem. The handling may reasonably differ due to the packaging, or the damage rates may be different despite equal handling.

      • by BitZtream (692029)

        Just for reference however ... Netflix has done most of those things already actually.

        I suspect GameFly has too, on their scale if they haven't done most of these things then they aren't really trying that hard anyway.

        Considering the GameFly and Netflix mailers are considerably different, one has to wonder if netflix hasn't simply been down this road and fixed the problem. I realize GameFly's mailers look and feel stronger and safer ... but that in and of itself may be the problem. Netflix mailers are lar

        • by Belial6 (794905)
          I was talking to my mail man a couple of years ago, and he was telling me about a mail carrier that had just been arrested for stealing Netflix movies. He said that they found over 300 Netflix movies in the mans home when they arrested him. The point is that while much of the processing is done by machines, there is still plenty of opportunities for humans to be involved. Whether Gamefly is treated differently or not, is a different matter.

          That being said, I would be looking closely at Gamefly myself
      • While its a silly response I think the 60-120 locations is probably a valid issue on why GameFly has so many broken disc. NetFlix generally ships out my disc from a location within 100 miles. GameFly on the other hand I understand has very few locations and will generally send your disc from across the country.

      • USPS even accused GameFly of stealing their own games:
        "Please describe any measures GameFly undertakes to manage
        or limit theft. In your answer please include the anti-theft procedures utilized in
        GameFly’s own plants and during transit of GameFly mail to and from postal
        facilities."

        W...T....F.... USPS are you serious? So, if I call you and say "hey my mail keeps disappearing" are you going to tell me "what are YOU doing to stop it?"

        No, I think this is a valid question from the USPS. The original inquiry was not just about broken discs but also lost discs. If the USPS doesn't believe discs are actually getting lost at the rate GameFly thinks they are, then it's a valid question to determine whether it's the USPS losing them or gamefly employees stealing them before the are checked in.

        USPS even wants GameFly to analyze the material DVDs are made of:

        "USPS/GFL-30. Has GameFly conducted any testing related to materials used in
        the DVDs it distributes or that it is aware respective manufacturers have
        undertaken? In your answer please describe the tests and any results from the
        tests, including breakage rates for the materials tested."

        Again, there's some validity to this question. If you complain to me that X is breaking more than Y, then I'd like to make sure there isn't a reason why X

    • Re: (Score:3, Insightful)

      by Hurricane78 (562437)

      Sounds like the definition of a government agency to me. ;)

      • by ktappe (747125)

        Sounds like the definition of a government agency to me. ;)

        If portrayed that way (as the summary was) and/or as viewed that way (as you seemed inclined to do). But other posters have points: GameFly's mailers are NOT the same as NetFlix's, and I've seen documentaries showing that a lot of R&D went into NetFlix' mailers. Anyone receving a complaint such as GameFly's would be quite prudent to question if they researched other mailer designs. While their questions did go too far, I feel you were a bit too eager to perpetuate the stereotype that all government agen

      • Re: (Score:3, Interesting)

        by Myopic (18616)

        Yeah, it definitely fits the stereotype of a government agency.

        But, to be clear, the USPS is not a government agency. Like Major League Baseball or Fannie Mae, it is a private agency which has a special relationship with the government.

        • by DavidTC (10147)

          The USPS is indeed a government agency. It is one that is funded entirely by itself, but it is indeed a government agency.

          Fannie Mae is a non-profit private organization that was created by the government and spun off. It is entirely separate now.

          Major League Baseball has no 'special relationship' with the federal government at all.

  • netflix vs gamefly (Score:5, Insightful)

    by steppin_razor_LA (236684) on Wednesday May 05, 2010 @01:28AM (#32094506) Homepage Journal

    funny since gamefly's disks are wrapped in rigid cardboard and much more secure than netflix...

    • Re: (Score:3, Interesting)

      I don't know about Gamefly, but if they're in cardboard, they should be much better off than Netflix. Netflix's shipping method involves about 4 sheets of paper, not even glued together.
    • by Sycraft-fu (314770) on Wednesday May 05, 2010 @01:57AM (#32094610)

      Well couple things may be in play, other than the USPS being meanies:

      1) Netflix may well consider a fairly high rate of loss acceptable. Depending on the prices they have to pay for the discs, it might not matter to them. Remember that the media itself is cheap. In large runs I'd be surprised if you could get a disc to cost $0.10. So if they have a situation with the studios where they can buy the discs cheap, separate of the rental rights, it might not matter to them.

      2) Video discs may be able to take more damage. If there's an error on a video disc, it isn't necessarily a show stopper. Could manifest as a minor visual glitch, maybe a couple frames get dropped. Whatever, movie still works, most people won't bitch. With data DVDs, doesn't work like that. Either everything reads 100% and passes the verification or it says "Shit is broke, we can't install."

      Not saying the post office might not be causing problems, but there are plenty of other possibilities. Netflix may have accounted for breakage in their business model and Gamefly may not have

      • by Artifex (18308) on Wednesday May 05, 2010 @04:12AM (#32095292) Journal

        Well couple things may be in play, other than the USPS being meanies:

        1) Netflix may well consider a fairly high rate of loss acceptable. Depending on the prices they have to pay for the discs, it might not matter to them. Remember that the media itself is cheap. In large runs I'd be surprised if you could get a disc to cost $0.10. So if they have a situation with the studios where they can buy the discs cheap, separate of the rental rights, it might not matter to them.

        They also have arrangements (or have had in the past) where they ship DVDs they printed themselves. In situations like that, they could be even cheaper, because there's no delay in waiting for replacements from the vendors, and they could be printed at the distribution centers nearest the subscribers asking for them.

      • Re: (Score:2, Informative)

        by Anonymous Coward

        I think you have to rule out #1. Netflix has to buy the discs retail from the studios, just like Blockbuster and others must. They do not get anywhere near a $0.10/disc cost. Think closer to $25. You can thank the death grip of old media for that.

        Netflix has 89,000,000 discs in inventory and had revenues of $1.67 billion in 2009, so each disc could be seen as producing $18 in revenue, statistically (more on that below). Given that most Netflix customers have the "3 at a time" plan (at $17/month), and t

        • Re: (Score:3, Interesting)

          by bws111 (1216812)
          One thing you can be sure of is that Netflix and Blockbuster are NOT paying retail. They are not going down to the local Best Buy and purchasing 1000 copies of some movie. Unless you have some info to the contrary, we don't know anything about their arrangement with the studios. It could be that they get the disks for free, and pay the studios a fee every time a disk goes out. Since they are also able to offer movies on-line, they obviously have some arrangement other than 'buy a retail disk'.
          • by DavidTC (10147)

            I'm not entirely certain Netflix gets a special deal at all, because the DVD publishers aren't really fans of DVD rental at all. In fact, there have been efforts to ban such a thing, at least back in the VHS days.

            However, they certainly aren't paying 'retail'. I'm sure they can get the DVD wholesale, or close to it. I mean, if you're wanting to buy 5,000 copies of a DVD, the place selling to you doesn't care if you're Best Buy and want to resell them or Netflix and want to rent them or some random Joe who

    • Re: (Score:3, Interesting)

      by ktappe (747125)

      funny since gamefly's disks are wrapped in rigid cardboard and much more secure than netflix...

      Which makes them larger and therefore more likely to be difficult to fit into some mailboxes. That makes them more likely to be bent by mailcarriers, leading to damage. This is something GameFly probably needed to put more R&D into and on that point, score one for the USPS.

  • predictable (Score:5, Informative)

    by Goldsmith (561202) on Wednesday May 05, 2010 @01:30AM (#32094516)

    Welcome to the world of lawyers, where it doesn't matter who is right and who is wrong, but who is in a position to be a bigger pain in the neck. This is a discovery document for the defense of USPS, not a response to an inquiry. They probably won't be issuing a response.

    The USPS lawyers (in the odd world of legal ethics) probably concluded that the "right" thing to do is to pressure Gamefly to settle and admit no wrongdoing by USPS. I'm sure there are good reasons for USPS to not actually put out a public report detailing what their definition of acceptable mail handling is or how poor mail handling happens, but those are good reasons only for people who work for USPS.

    • Re:predictable (Score:5, Informative)

      by mpoulton (689851) on Wednesday May 05, 2010 @02:07AM (#32094664)

      Welcome to the world of lawyers, where it doesn't matter who is right and who is wrong, but who is in a position to be a bigger pain in the neck. This is a discovery document for the defense of USPS, not a response to an inquiry. They probably won't be issuing a response.

      The USPS lawyers (in the odd world of legal ethics) probably concluded that the "right" thing to do is to pressure Gamefly to settle and admit no wrongdoing by USPS. I'm sure there are good reasons for USPS to not actually put out a public report detailing what their definition of acceptable mail handling is or how poor mail handling happens, but those are good reasons only for people who work for USPS.

      The original "inquiry" was not a polite request for the USPS to investigate. It was a formal complaint filed with the Postal Regulatory Commission. This is functionally a lawsuit, in the "court" of the Postal Regulatory Commission. GameFly sued the USPS demanding that they provide the same treatment to GameFly DVDs that is provided for Netflix and Blockbuster DVDs. The Postal service's response here is a discovery request, which is to be expected. However, if you read the original complaint it becomes apparent that the postal service probably already has much of this information, since the USPS and GameFly worked together for quite a long time to resolve the problem (to no avail).

    • by mrmeval (662166)

      Get rid of the postal goons and go private where they have less of the impenetrable legal wall than the archaic postal service.

      I've lived in crime ridden neighborhoods where the postal goons loved to dump packages outside my door. That sort of welfare is unappreciated.

      I now live in a better area where the postal goon loves to break the mail box regularly or just leave it unlocked and open.

      To hell with them. Take away their monopoly.

  • by Alpha232 (922118) on Wednesday May 05, 2010 @01:39AM (#32094556)

    Alot of the questions go to what effort did GameFly invest into research, planning and execution, of the shipping and return process.
    Things from the material the mailer is produced from to simply how the dvd is secured inside the envelope to prevent shifting through the sorting process.

    And the really big question, are you sure they really were "stolen" and not just kept.

    I think pretty much all of the questions are valid and while written in legaleze, quite understandable given the severity of the complaint. If GameFly worked with the USPS in planning the mailing portion of their service and co-operated in tracking down these "thefts" before filing this case, then they should have no problems answering every one of them honestly and fully.

    • by macshit (157376)

      The original complaint by gamefly seems kind of bizarre though. Why on earth would the USPS care who's sending the packages, much less "preferentially" treat "traditional DVD distribution companies"?

      It sounds like if there is any issue, it's a technical one (since the problem seems to be with the interaction between the DVD packages and the USPS sorting machines), and thus detailed questions about how gamefly packages their DVDs, etc, are quite apropos.

      • Re: (Score:2, Interesting)

        by Alpha232 (922118)

        From the original complaint, the USPS apparently does treat them differently as far as machine handling... it would be interesting to see what happens.

        The issue here is why does GameFly have to jump through hoops and spend alot more on packaging to survive automation even when the class of service they used allows for non-machine sorts, while the other companies get separated for special treatment.

      • by mattack2 (1165421)

        Why on earth would the USPS care who's sending the packages

        I can't provide a citation, but I thought that Netflix had various special arrangements with the USPS due to their huge mail volume. Yes, I'm being vague because I don't remember specifics, but things like discounted rates and even possibly specialized delivery/pickup schedules from the Netflix distribution centers.

        • by Skater (41976)

          Why on earth would the USPS care who's sending the packages

          I can't provide a citation, but I thought that Netflix had various special arrangements with the USPS due to their huge mail volume. Yes, I'm being vague because I don't remember specifics, but things like discounted rates and even possibly specialized delivery/pickup schedules from the Netflix distribution centers.

          Any business can get arrangement that if they have a high enough volume and meet certain addressing criteria on the envelopes. Unfortunately I can't find it on their website, but I know it's there somewhere.

        • by AndersOSU (873247)

          IIRC netflix doesn't get a volume discount, they may even pay a premium for hand sorting of their mail. I think the calculation was that it's cheaper to pay the USPS to hand sort DVDs shipped in paper than spend the money on packaging that can handle the standard automated process.

          • I think the calculation was that it's cheaper to pay the USPS to hand sort DVDs shipped in paper than spend the money on packaging that can handle the standard automated process.

            No wonder the post office is bankrupt! I wonder if Netflix could teach them something about building sorting machines.

    • by JWSmythe (446288)

      And the really big question, are you sure they really were "stolen" and not just kept.

      I think you have an extremely valid question here.

      For most people, they'll rent a movie, watch it once, and return it.

      For gamers, they'll rent a game, play it, like it, and possibly keep wanting to play it for a while. Rather buying it, they can just say "I never got it", and it's now considered lost in transit.

      I've received quite a few disks from Netflix that we

  • by GumphMaster (772693) on Wednesday May 05, 2010 @02:03AM (#32094642)

    I am amazed at the sheer skill displayed by postal services in breaking CDROMs. Australia Post has broken the last couple I have mailed. The disc is in a paper sleeve glued to the inside of a 10mm thick A4 paper manual inside a heavy paper "Toughbag" envelope. The envelopes and manual arrive with no outward signs of distress but the CDROM has been broken cleanly in two. One went to the far side of the country, but the other only a few suburbs away.

    You can grab a bare CD and bend it in half without physically breaking it... it takes compressive force on the fold before the CD shatters. How this happens in transit without damaging the containing envelopes beats me.

    • by WiPEOUT (20036)

      Alternative breaking options:

      * falling on its edge and cracking
      * repeated extreme heating/cooling cycles causing the disk to crack

      • Re: (Score:3, Informative)

        by GumphMaster (772693)
        CDs survive summertime closed car temperatures (i.e. 60+ Celsius) repeatedly without breaking. Repeated dropping on an edge could do it but the impact would have to smash through the surrounding manual first, retain sufficient energy to break the CDROM, and not damage either the manual or envelope. Both options seem unlikely.
    • Re: (Score:2, Informative)

      by pimpsoftcom (877143)
      Because mail is sorted through machines that bend all mail.. its industry standard and part of the automated sorting racks that read the digital stamp placed over the actual stamp, based on the USPS employee I talked to.
    • Re: (Score:3, Informative)

      by ffflala (793437)

      It's the difference in the elastic modulus among materials. The envelopes, manual, and cardboard packaging have different properties from the encased plastic discs. Opposing shear forces with small enough clearance could easily snap a CD/DVD in the middle, without leaving any particularly unusual bend or mark on the external plant-pulp packaging. If the tire and road surfaces were flat and clean enough, a loaded semi could drive over a piece of mail without harming it; not so for the disc.

    • by AndersOSU (873247)

      best guess:

      They run it through a machine with a pinch feed system. Works fine for flat pieces of paper, but when you put something rigid through you get wierd forces. Putting the CD inside the manual might paradoxically make things worse - the machine has to apply more force to move a book than an envelope - force with a large downward component. It hits the CD and then ... crack.

  • As was pointed out in the older, related Slashdot article, the value of the game disks is most likely the primary reason Gamefly is experiencing so many "losses".

    In regards to the USPS being "private", that's only partially true. I don't recall the USPS paying property tax, income tax, etc. Or do they?

    On a related topic, UPS and FedEx delivery vehicles get ticketed all the time. Can USPS delivery vehicles be ticketed? -some people have told me that they can't, since they're exempt.

    In regards to mail theft -

    • by Spazmania (174582)

      Can USPS delivery vehicles be ticketed?

      Lately I've noticed that the USPS vehicles in my area don't even have license plates...

      • Re: (Score:2, Informative)

        by lindoran (1190189)
        USPS is a government run company (for all intents an purposes). As such they do not need licence plates. They do however have (quite large) identifying numbers on the outside of the truck/vehicle. if it is a small post office they may do mail delivery from the post masters own personal vehicle but in that case there would be some identifying marks on the vehicle. most post offices too small to have fleet vehicles are pick up only however... and in that case there is no vehicle.
      • Lately I've noticed that the USPS vehicles in my area don't even have license plates...

        Neither do they here.

        ... but then push carts and bicycles usually don't have license plates, even if they are not owned by the postal service....

    • by Sharkyfour (14327) *

      On a related topic, UPS and FedEx delivery vehicles get ticketed all the time. Can USPS delivery vehicles be ticketed? -some people have told me that they can't, since they're exempt.

      My wife is a school bus driver and she's told me before the only vehicle who is not required to stop for the flashing red lights is a postal truck. They're federal government vehicles and as such they're exempt from state traffic laws, including stopping for a school bus loading/unloading children.

      • by Shakrai (717556)

        They're federal government vehicles and as such they're exempt from state traffic laws, including stopping for a school bus loading/unloading children.

        I call bullshit. Federal employees aren't exempt from the laws of the state that they happen to be working in. I think your wife is misinformed.

  • by AnswerIs42 (622520) on Wednesday May 05, 2010 @04:04AM (#32095248) Homepage
    When I use to have a gamefly account, I would loose 3 out of every 5 disks in transit (had something like 30 games not show up over the 5 years I had an account). I would get ripped open envelopes that were taped shut.. I had cut open ones show up. I had one envelope show up so badly mangled they put it inside another envelope. ALL of them had the disks missing.. sometimes I would get the empty game holding envelope.

    I looked into the transfer route after the first few are missing.. Gamefly center -> receiving office -> transfer location 1 -> transfer location 2 -> local post office

    The post office tried to tell me that is was AFTER the mail was delivered that the thefts happened. I had a PO Box... so that still tells me it is within the system they went missing.

    When gamefly went to the current packaging, the missing disk numbers did drop back to 1 in 10 or so. but when they did go missing, I would not even get an envelope in the mail.

  • ...is a word now?

    I also enjoyed this gem:

    (a) The present tense includes the past tense and the past tense includes the present tense; and

    (b) The singular includes the plural and the plural includes the
    singular.

    I unconsciously started humming the theme from 'Brazil' as I was reading this little masterpiece.

    • by mike260 (224212)

      And I nearly overlooked this one:

      “Each” includes the term “every” and “every” includes the term “each.” “Any” includes the term “all” and “all” includes the term “any.” “And” includes the term “or” and “or” includes the term “and.”

      Genius.

      • Re: (Score:3, Interesting)

        by bws111 (1216812)
        What exactly is wrong with that? It's called defining your terms, and is quite common in legal documents. I would much rather read a document that had terms defined like that at the beginning than one that was full of do/did, each/every, thing(s), and/or, any/all ... "Did/do you ship any/all games(s) and/or movie(s)?"
  • As bizarre as it seems, the USPS reply is just part of the normal "discovery" process. They're treating this as a lawsuit, and ensuring they have requested all relevant information. GameFly does not have to answer all the questions; they can respond to each question with answers such as:
    • This is too broad (or general)
    • This is irrelevant
    • Please explain your justification for requiring this

    Such answers do not generally prejudice the outcome, but they would preclude GameFly from providing that data later to b

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