Friday, November 28, 2003

Ars Technica: The PC enthusiast's resource

FatWallet sues Best Buy over DMCA misuse:

"The lawsuit was a response to 'takedown' notices received by FatWallet over the last few weeks from Best Buy, Kohl's Department Stores, and Target Corporation, each of whom demanded that FatWallet remove from its web site user postings containing Thanksgiving sales price information on the grounds that the information was protected by copyright. Best Buy took things a step further, sending FatWallet a subpoena requesting that it identify the person who posted the information. Because the subpoena was not properly served and suffered from other procedural defects, FatWallet notified Best Buy that it would not identify the poster.

'The posting on a web site of sales price information is not the proper subject of a subpoena or a takedown notice under the DMCA. Hopefully, by filing this lawsuit, FatWallet will be able to put an end to this repeated misuse of the DMCA's special subpoena and notice provisions and ensure that its First Amendment rights, and the First Amendment rights of its users, are fully protected,' said Rachel Matteo-Boehm, an attorney with Steinhart & Falconer LLP, one of the law firms representing FatWallet in the suit."

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