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
    TZoe, 17 Nov 2006 @ 12:43am

    Re: protest stylings

    Are you kidding? Protest peacefully - the "stigma of protesting" is the exact effect that is wanted. Who the hell is going to know of your protest other than middle management? We want to educate others we do it with signs in a peaceful manner - not by going in dressed up for a session of smoke-blowing.

    Really - which kid is going to get the toy? The one quietly asking Mommy please or the one sitting on the floor kicking and screaming.

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