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F & F


FatWallet Cites DMCA, Claims Victory
posted by filter_editor on Thursday December 05, @06:22PM
from the DMCA-v.-DMCA dept.
Copyright As the AP reports, FatWallet succeeded today in facing down Wal-Mart, which took legal action after FatWallet posted its Thanksgiving sales prices online in advance of the holiday (see earlier Greplaw story and an issue spotter by Chilling Effects). Wal-Mart had served FatWallet with a takedown notice under the DMCA; FatWallet responded by arguing that this constituted a "knowingly false" accusation of copyright infringement--and made reference to collecting "damages, including attorney's fees," under section 512(f) of the act.

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    FatWallet Cites DMCA, Claims Victory | Login/Create an Account | Top | 3 comments | Search Discussion
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
    This Case Must Go On (Score:3)
    by md on Friday December 06, @10:57AM (#510)
    User #17 Info | http://www.mcdproductions.com/
    I urge FatWallet's counsel (namely, Pamela Samuelson) to continue to pressure Wal-Mart. Nothing will ever stop if companies and their irresponsible lawyers are not punished when they get loose with the cannons. Believe me, if companies (and their lawyer) got spanked around once in a while for being cute with the baseless legal threats, they would think twice, no thrice, about sending these letters out. Right now, there exists an environment where a lawyer could send an ISP a leter saying they'll sue them under the Santa Clause Act of 1902 and it would probably get the trick done, because nobody has counsel or, if they do, they back down too easily.

    Yes, I know that law suits are expensive and a pain in the ass, but they must be employed when necessary. This is the only way the "chilling effect" will ever work to freeze the other side.

    Make them bleed, I say.

    The key word is claims (Score:1)
    by cgoellner on Friday December 06, @04:09PM (#512)
    User #570 Info
    So the prices were taken down and walmart decided to drop the lawsuit. Tell me again how this is a victory for the DMCA oppressed everywhere?

    I can see how fatwallet would see it as a victory since they avoided getting sued but they still took the prices down.

    Someone tells you to shut up or they will punch you in the face. You shut up, don't get punched, and claim victory for not getting punched. However, you can't claim that you stood up for the right to free speech.

    Re:The key word is claims (Score:1)
    by Audacious on Saturday December 07, @01:43PM (#518)
    User #541 Info
    Wal-Mart wanted the names of the people who gave out the information. That is what they backed down on. However, FatWallet will probably also put the prices back up again. Since the claim for copy protection on prices is invalid.

    The facts (and not the truth) will set you free. True facts though are better that false facts. I think it has to do with the one bit being turned on or something like that. ;-)

    Humanity has the stars in its future, and that future is too important to be lost under the burden of juvenile folly and ignorant superstition. - Isaac Asimov

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