FatWallet Sues Best Buy Over DMCA Claim

By Deane Barker on December 2, 2003

FatWallet sues Best Buy over DMCA misuse: Fat Wallet is a Web site that posts retail sales information before the sales come out. Best Buy was a little irritated about this and invoked — of all things — the DMCA to stop FatWallet from publishing BestBuy prices on the Fat Wallet Web site.

It turns out, however, that the DMCA contains a provision making it illegal to misrepresent and misuse the DMCA. FatWallet is now suing Best Buy for invoking the DMCA.

“The posting on a web site of sales price information is not the proper subject of a subpoena or a takedown notice under the DMCA. Hopefully, by filing this lawsuit, FatWallet will be able to put an end to this repeated misuse of the DMCA’s special subpoena and notice provisions and ensure that its First Amendment rights, and the First Amendment rights of its users, are fully protected,”

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