Legal Issues

by Mike Masnick




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
    Anonymous Coward, 16 Nov 2006 @ 5:53am

    If you go to protest. Go peacefully, with a letter of complaint and an "open hand of friendship" attitude. "Protesting" has stigmas that have nearly completely destroyed the concept as a way to be constructive. Most companies just sit and wait for you to cross the line and have you hauled away if you're marching around with signs.

    Now if you go in, ask to speak with someone and you look mildly professional and you remain calm and friendly, are only there to "inform them of the benefit of the website they sent the notice to" you might get as high as a midlevel manager.

    Protesting needs a makeover. To impact corporate America, you need to play by their rules, which is look professional, act professional even if you want to punch them in the freaking head.

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