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
    Steve Savage, 16 Nov 2006 @ 9:10pm

    America is a Christian Nation?

    Millions of innocent men, women and children, since the introduction of Christianity, have been burnt, tortured, fined and imprisoned; yet we have not advanced one inch towards uniformity.

    -Thomas Jefferson, Notes on Virginia, 1782

    History, I believe, furnishes no example of a priest-ridden people maintaining a free civil government. This marks the lowest grade of ignorance of which their civil as well as religious leaders will always avail themselves for their own purposes.

    -Thomas Jefferson to Alexander von Humboldt, Dec. 6, 1813.

    Religious controversies are always productive of more acrimony and irreconcilable hatreds than thsoe which spring from any other cause. [George Washington, letter to Sir Edward Newenham, June 22, 1792]

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