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Press Release: FatWallet files lawsuit over DMCA Notifications

i need to talk to my business law professor about this, but it seems as if posting up sale information is not copyright infringement. however, it may be possible that posting actual images of the fliers/coupons does constitute infringement. for something to be eligible for copyright, it must be an original work of authorship fixed in a tangible medium of expression. it's unclear if the fliers are eligible for copyright, because although they simply state facts, one might argue that the particular arrangement of items on the page constitutes an original work......more info on this when i go back to school after turkey break.


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I suppose that posting images of ads could be construed as copyright infringement, but no way in hell should the DMCA apply to posting item names and prices. I don't see how you can copyright the price of something, that's beyond stupid.
 
i hope Tim wins cause this is stupid

when someting gets posted on a deal forum. peopel see it and people buy stuff = companys make money, and lots of it

they get tons of free advertising from this

 
Originally posted by: Anubis
i hope Tim wins cause this is stupid

when someting gets posted on a deal forum. peopel see it and people buy stuff = companys make money, and lots of it

they get tons of free advertising from this
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absolutely. if the court deems that sale information is in fact copyrighted material, then your argument can be used as a justification for fair use. i can say from personal experience, that i wouldn't have bought 90% of the items linked from fatwallet, had i needed to pay full price for them.


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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
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Sounds like the retailers/E-tailers might be using the DMCA in wrong ways. I hope FatWallet/Tim smokes the retailers/E-tailers by challenging them. Way to go ... Tim.



 
I hope fatwallet wins but I'm pessimistic.
These companies have millions and millions to spend on lawyers. I doubt the owner of fatwallet has a lot of money to spend on lawyers.
If OJ can spend a couple of million and get away with murder I wonder if these big companies can spend a couple of million and get away with the equivalent of murder too. 🙁
 
Originally posted by: CheapArse
Originally posted by: KK
What will Tim win from this suit?

KK
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freedom from companies jumping on his back all the time.
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Well I hope he atleast gets that. Court costs and emotional distress would be nice too. 😉

KK
 
Something about watching X-Men two, then reading this afterwards makes me really jumpy - I doin't knwo why. Anywho, good luck to FW, bring these bitches DOWN 😛
 
Originally posted by: Evan Lieb
What's the logic behind this?
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whether or not FW has any actual legal grounds, it is in their best interest to at least appear they are not just rolling over when It comes to being pushed around.
 
didn't something similar happen last year at FW? i remember DMCA stuff and tim having going to court or filing a lawsuit.
 
the difference this year....

"Best Buy took things a step further, sending FatWallet a subpoena requesting that it identify the person who posted the information. Because the subpoena was not properly served and suffered from other procedural defects, FatWallet notified Best Buy that it would not identify the poster. "
 
Originally posted by: EliteOrange
the difference this year....

"Best Buy took things a step further, sending FatWallet a subpoena requesting that it identify the person who posted the information. Because the subpoena was not properly served and suffered from other procedural defects, FatWallet notified Best Buy that it would not identify the poster. "
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I guess Best Buy might have suspected that it was one of their own employees. They probably wanted to make an example out of him / her.

 
Originally posted by: Freejack2
I hope fatwallet wins but I'm pessimistic.
These companies have millions and millions to spend on lawyers. I doubt the owner of fatwallet has a lot of money to spend on lawyers.
If OJ can spend a couple of million and get away with murder I wonder if these big companies can spend a couple of million and get away with the equivalent of murder too. 🙁
Click to expand...
What do you think they did to get the DMCA railroaded through in the first place?

I still hope that Tim wins. While I've never used Fatwallet myself, I have a great hatred of companies that try and use stuff like the DMCA as an all purpose club to erradicate anything even smelling of competition on the net. That thing has to be one of the most abused laws ever in the states. That, and I love it when the little guy wins over goons like that.

 
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