Best Buy Repeats Past Attempts At Unfairly Forcing Black Friday Prices Off The Web

from the cease-and-desist-just-for-the-hell-of-it dept

Back in 2002, we had a story about Wal-Mart forcing the site FatWallet to take down post-Thanksgiving sale prices, claiming they were a copyright violation. Of course, as everyone should know, you can't copyright facts -- and prices are facts. FatWallet fought back, challenging this abuse of the DMCA -- which forced Wal-Mart to backdown. The following year, other retailers, including Best Buy, Target and Kohl's threatened FatWallet again. Apparently, Best Buy learned absolutely nothing from the experience, as they've gone and threatened another site, BlackFriday, for posting the same information this year. Unlike FatWallet, however, BlackFriday has backed down and taken down the information -- even though they have no legal reason to. It's clear that Best Buy (whose lawyers clearly know better) are simply betting that in using a cease & desist DMCA claim, even if it's not valid, they can scare the site into taking the content down -- which is exactly what happened. That's a clear abuse of the DMCA, creating the famed "chilling effects." However, as it stands, there's simply no punishment for abusing the DMCA this way and there are few entities willing to actually stand up against such a misuse.

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  1. identicon
    Ordinator, 16 Nov 2006 @ 5:36am

    Maybe we're wrong...

    I have a very interesting theory...

    First, recall stories about allofmp3.com; every attempt to shut it down make it go away, etc, only give it more popularity and more publicity, in the end driving more people there.

    Now in this case, what if Best Buy is ordering cease and desist warnings just to generate publicity (after all, any publicity is good publicity). If true, I don't think they intended for the ads to be removed, but it also created more buzz, and i driving more people to perhaps seek out the add (via file sharing, torrents, Usenet, or wherever) who otherwise would not have taken the time to check it out.

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