from the magnet-fight dept
Now, Bronstein appears to be admitting that he sent the takedown notice, because the video includes a few photos of him (ever so briefly). That seems like a pretty clear abuse of the DMCA takedown process, as it would be difficult to argue that the use of those photos was not fair use. Of course, at the same time, Bronstein also admits that his voicemail "was off the Douche-o-meter" and sent Gizmodo a photo of him holding a trophy for the "Douchiest Voicemail of the Year."
Of course, I'd argue that the bogus DMCA takedown was even worse than the voicemail, but none of this fight does Buckyballs any favors whatsoever. In their anger at being compared to Zen Magnets, the company has come off as petty, vindictive, willing to make questionable use of the law to silence criticism... and, at the same time, called a lot more attention to all of that. Perhaps if they'd just let the original eBay sales go through without comment, things wouldn't be so bad. And, after all, if they really believe that their own magnets are better than Zen Magnets', then, um, wouldn't they be happy that Zen Magnets was out selling their products for them?