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FatWallet To Sue Best Buy Over DMCA Threat

Posted by simoniker on from the court-in-the-act dept.

jkeyes writes "Online deal site FatWallet announced today that they will be suing Best Buy and other companies that sent them DMCA takedown notices. They are seeking a declaration from the court stating that Best Buy and other companies' demands were an abuse of the DMCA, and also violate the 1st Amendment." We covered Best Buy's original DMCA invocation a few days back.

16 of 263 comments (clear)

  1. Hmm... by Anonymous Coward · · Score: 5, Funny

    I wonder if they've got a good deal on a lawyer?

  2. Good. by Selecter · · Score: 5, Insightful

    Its about time somebody didnt just roll over and play dead. Sic em.

  3. Not the first time! by anaphora · · Score: 5, Informative

    This isn't the first time FatWallet.com has stood up to DCMA-pushers.

  4. Oh boy by Anonymous Coward · · Score: 5, Funny

    Now when I wear my fatwallet tshit in line at bestbuy at 2am on Friday I might be recieved with less than open arms, and miss out on my $11 Microwave.

  5. Truly... by scifience · · Score: 5, Insightful

    Since when is posting an ad flyer online illegal? If it is, TechTV should get sued also for showing their "Real Deal" segment every Monday in which they compare Sunday ad flyers. My guess is that they are just going after the "little guys" hoping that they will just give in and not fight.

    1. Re:Truly... by merdaccia · · Score: 5, Insightful

      It's all about expectations. Right now, people expect Best Buy, etc. to have great deals on Black Friday. People are waiting in anticipation, people will line up, and Best Buy will sell hordes of crap from people thinking they're gonna get good deals.

      But then FatWallet (thanks FatWallet) comes along, and lists what these deals are. After people see what's really on sale, a lot of people will lose interest because the sales aren't great (as you said, "the only remotely great deal is"). Consumers have time to see whether something is really a deal or not by comparing prices in advance. This results in a lot less people expecting good deals, and a lot less people going to Best Buy on Black Friday. And a lot less money for Best Buy. Hence, the takedown notices. They know they'll lose money if people see the hype for what it really is ... hype.

      --

      *blinking cursor*

  6. Restoring people's faith by BlackSabbath · · Score: 5, Insightful

    This decision will be interesting as many people have lost faith in the "system" thinking that laws are made by and for those with money.

    A good decision here could go a way to help restoring people's faith in the law.

    Of course a bad decision will confirm everybody's worst fears.

    1. Re:Restoring people's faith by TyrranzzX · · Score: 5, Insightful

      And I, and millions of others, have written letters to congresspersons, only to get predigested letters back stating "everything is ok, please vote for me".

      I could garountee you that if you sat me down infront of the senate and asked me to explain to them why the DMCA is bad I could convince them within an hour as could just about any well educated technically inclined individual could.

      To put it bluntly, when your ruling body passes laws that creat more conflicts than they solve, that is a bad ruling body. Much of the time this isn't due to people saying "hahahaaa, we'll get you and your dog too!" but more along the lines of most of the people in congress being traditonally educated buisnesspeople with plenty of education in other areas who, imo, trust corperations too much.

      So, what I really thing has gone on is a fundemental change since the past. Corperations began creating all the resources we had and after a few generations, the old guys who said "corperations are bad, we must regulate this tool lest it gets out of control" died off to leave new people to come in and get elected. The new people had more faith in the corperate system than they did before, and as time went on, congress simply became more corperate friendly without realizing the folly of this, which is that if you give corperations all the power they want, and let them have flawed leaders, you unbalance the power system (such as competition) that keeps the peasants happy. When this happens guys at the top get greedy, and they'll conspire with their friends to force the mark of the beast onto us as an example and force us into slavery.

      Add to this bribery, er, lobbying and you've got a corrupt goverment. With every law nobody agree's with, respect for all law by this goverment will decrease until there is no law.

      The measure of a goverments success, in any incarnation, is it's ability to solve conflicts between people. A good decision would solve the majority of conflicts, while a bad decision would solve the minorty of them and a really bad decision would cause even more conflicts.

      --


      Candy-Coated Knowledge

  7. It's fair use by tepples · · Score: 5, Informative

    Since when is posting an ad flyer online illegal?

    Ad flyers are copyrighted. However, posting excerpts therefrom should count as news reporting, giving it a boost under the fair use criteria (17 USC 107). Heck, I'd guess that the prices themselves are facts or ideas and therefore subject to the exclusion of copyright on ideas (17 USC 102). You're right as far as I can tell.

  8. SAY NO TO DMCA Abuse by tonyz2k · · Score: 5, Insightful

    It seems like the DMCA is a card often played by large technology-oriented companies. Its time for Fat Wallet, and Slick Deals and the rest of them to fight for what they believe in. After all it is america and they need stick it to Best Buy and these other tools who insist on using the DMCA. I mean seriously this DMCA shit has got to stop, first kevin mitnick, then that kid from northern europe with his DVD stuff, that russian kid for his adobe font stuff, whats next, are the Creators of Linux going to jail for using code from the Windows TCP/IP stack!? Wheres the DMCA Sux tshirt when you need it. Think Geek, make that and also a bumper sticker, I'll wear it down in DC and show the Senator Hatches whats what!

    --
    click here to incinerate homeless people
  9. Going up against the Best Buy legal team???! by Y-Crate · · Score: 5, Funny

    I certainly hope they have a fat wall....er....nevermind.

  10. Thank WallMart et al. by shis-ka-bob · · Score: 5, Insightful

    I didn't know about FatWallet until I read this story. This site seems like a useful way to find good deals. Sometimes, a lawsuit is better than advertising.

    --
    Think global, act loco
  11. one small step for man. one giant leap for mankind by mgoodman · · Score: 5, Interesting

    let's hope this is the first of many, so that our children don't have to deal with this nonsense.

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    01100111 01100101 01110100 00100000 01101111 01110101 01110100 00100000 01101101 01101111 01110010 01100101 00101110
  12. Positive effect of DMCA by fiannaFailMan · · Score: 5, Interesting

    Fatwallet is another cool website that I would never have heard of if it weren't for this. There's no such thing as bad publicity.

    It's like the Fox News Channel giving Al Franken's book sales a huge boost by suing the guy.

    --
    Drill baby drill - on Mars
  13. Impacts RIAA too... by utlemming · · Score: 5, Interesting
    If you read the legal brief (and for a pre-law student like me, it is interesting reading) the implications are far-reaching

    One of the arguments made that will impact RIAA and the MPAA is that the DCMA shifts the burden of proof of the copyright from the person claiming copyright to the person accused of violation. FatWallet claims that this violates the Due process clause gaurenteed in the Fifth Amendment -- in other words, you have to go to court to prove that you did not violate a copyright; whereas with Due Process, they would prove that you did violate the copyright Same concept as guilty until proven innocent. FatWallet is arguing for innocent until proven guilty. FatWallet also is arguing that they should be given adiquate time to notify the poster.

    The implications would be chilling for the RIAA. Why? Because instead of firing off a couple hundred law suits, they would be forced to prove to the ISP that the subject of the supeonia had in fact violated copyrights. Then your ISP would have to notify the alleged offender of copyright infringment so that they can defend themselves.

    The whole message of the legal brief is to take out the DCMA one leg at a time. First they attack the copyright that Best Buy, et al., has and then they go for Fifth Amendment issues. It is a great thing. It is just interesting that the people who used the DCMA in the wrong way to provoke a law suit is retailers trying to prevent Black-Friday prices from being let out.

    --
    The views expressed are mine own and do not express the views of my employer.
  14. Not Pro Bono, and no hand out by Chief+Mucky+Muck · · Score: 5, Informative

    I can assure you that the legal fees are being paid 100% out of pocket. There is no pro bono representation this year, although we did use pro bono counsel last year.

    Many folks on FatWallet have offered financial assistance, but we are not accepting any of it. If the time were to come where additional funds would be required, we would first look to other businesses that would be benefited by the suit, and as a last resort to consumers themselves.