Reuters:
Borders' IP sale to Barnes & Noble on hold(Reuters) - Borders Group Inc's plan to sell customer information to former rival Barnes & Noble Inc hit a snag on Thursday when a judge raised questions about the company's privacy policy
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"Does Borders have the ability to e-mail blast to all customers in its database, essentially giving them the right to opt out of any sale or transfer?"
That strikes me as a reasonable solution to this issue, if there's anyone left at Borders to send out such a final spam. I doubt most Borders customers would mind becoming B&N customers, but this would give those who do the opportunity to refuse.
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"Disclosures in connection with acquisitions or divestitures. Circumstances may arise where for strategic or other business reasons Borders decides to sell, buy, merge or otherwise reorganize its own or other businesses. Such a transaction may involve the disclosure of personal and other information to prospective or actual purchasers, or receiving it from sellers. It is Borders' practice to seek appropriate protection for information in these types of transactions. In the event that Borders or all of its assets are acquired in such a transaction, customer information would be one of the transferred assets."
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http://www.businessweek.com/news/2011-09-26/borders-to-sell-intellectual-property-to-barnes-noble.html
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