Countering a DMCA Takedown In the Magnet Wars

An anonymous reader writes "Zen Magnets, a maker of neodymium magnet toys, has been under assault by the much larger and better distributed Buckyballs, maker of a nearly identical toy. After Zen Magnets listed a couple of eBay auctions with a set of Buckyballs and a set of their own, asking customers to decide which was of higher quality, Buckyballs replied with a legal threat. Zen Magnets countered with an open video response, in which they presented the voicemail from Buckyballs and demonstrated their claims of quality through repeatable, factual tests, providing quantitative data to back up their assertions. Soon after, Buckyballs CEO Jake Bronstein got the video taken down from YouTube via a DMCA takedown, despite the fact that the only elements not made by Zen Magnets are the voicemail he left and some images of himself, which are low-resolution and publicly available online. Zen Magnets has decided to file a counter-takedown notice — not effective yet apparently, since the video is still marked as taken down." Slashdot's sister company ThinkGeek sells Buckyballs. No, we don't get kickbacks, but we totally should.
Update: 09/23 13:23 GMT by KD : Reader Coopjust (872796) points out one place where the disputed video has been mirrored.

Comments

bullcrap

[Pojut]

I think this is an abuse of the DMCA (some would argue that any use of it is abuse, but that's a different topic.) If they can back up their assertions with data and repeatable demonstrations, quit yer bitchin' and make a better product.

Other users have now mirrored it

[Anonymous Coward]

Here's a mirror of the video.

Zen's delay is most likely due to the fact that they're consulting a lawyer to make sure things are done by the book and they're legally in the clear (and don't damage any possibility of suing Buckyballs for committing perjury on the DMCA notice).

This is what they've last said on the matter on reddit:

Edit: Decision is we're going to do a counter-notification, but we're gonna have a lawyer back us up. (Especially since there have been good points about potential $$$ damages for perjuring a false copyright take-down.)

news.

[postermmxvicom]

This is news. However, Buckyballs is certainly giving Zen Magnets lots of free advertising by making it newsworthy. I can only assume after watching the video that the people making their PR decisions are just that dense.

ThinkGeek

[Jaysyn]

Slashdot's sister company ThinkGeek sells Buckyballs. No, we don't get kickbacks, but we totally should.

Perhaps your sister company should stop selling the products of a known DMCA abuser?

Re:Hello Poison Control Hotline?

[irving47]

All rare earth magnets are that way. They are especially concerned about them being swallowed separately or coming apart.... The problem being if they are in different stages of your intestines, they will attract each other and either stay right where they are, blocking flow of blood or other stuff, or maybe even wear right through the walls and make holes. Pretty nasty situation either way.

Re:"the Internet routes around..." well, does it?

[Coopjust]

It's been mirrored by other people on Youtube.

Streisand effect

[LordKronos]

Hey Buckyballs...ever hear about the Streisand effect? Someone here in the office has a set of buckyballs and I thought they were pretty cool. I was thinking about picking up a set sometime. I've never heard of Zen Magnets before today. Now that I watched the video you had taken down, I'm thinking maybe Zen Magnets would be the better purchase. Thanks for helping me open my eyes to your competition.

Definitely a bad PR move.