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
    Bestus Protestus, 17 Nov 2006 @ 5:21am

    How to protest corporate America and not be arrest

    You people are all missing the simplest solution. If you want to punish a company that relies on your hard-earned dollars to stay afloat in these hard times, let them die!

    You do not need to invest any of your time in this method. You don't need to make signs or go visiting some overpaid jerk's office. You can't be arrested. It is perfectly legal.

    Shop elsewhere. Tell your friends and family to do likewise. Organize a massive protest and get everyone to shop elsewhere this Christmas season.

    You might think that you lose because now you have to pay more elsewhere. Well, what does it cost you to protest and then have yourself bailed out of jail - branded a criminal?

    What you save is more than a few extra bucks. And aren't those few extra bucks worth telling Best Buy where to go?

    For the big corporations like Best Buy, a 10% drop in sales is more than huge at this time of year.

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