[free-sklyarov] FW: FatWallet fights back against DMCA claim

[Richard M. Smith]

FYI:

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Date: Mon, 02 Dec 2002 14:03:22 -0800
From: "Deirdre Mulligan" <dmulligan at law.berkeley.edu>
To: declan at well.com
Subject: FatWallet fights back

Declan -- I thought this would be of interest to your readers. As you
know FatWallet received DMCA takedown notices from several major retail
chains requesting that it remove sales prices effective during their Day
After Thanksgiving Sales.  FatWallet reluctantly removed the posts to
avoid liability. Today, Megan Gray and the Samuelson Clinic on behalf of
FatWallet sent letters to the retailers contesting their frivolous
copyright assertions and demanding payment, under Section 512(f) of the
DMCA, for all damages, including costs and attorneys' fees, incurred by
FatWallet in addressing the knowing and material misrepresentations of
copyright protection.

In addition, FatWallet has demanded that Wal-Mart withdraw their pending
subpoena, under Section 512(h) of the DMCA, for identifying information
on the individual who posted Wal-Mart sales information.  If Wal-Mart
does not withdraw FatWallet will seek to quash it in federal court.

Press release here:
http://www.law.berkeley.edu/cenpro/samuelson/news/pressrelease.pdf

--
Deirdre K. Mulligan
Acting Clinical Prof. and Director
Samuelson Law, Technology and Public Policy clinic
Boalt Hall
University of California
346 North Addition
Berkeley, CA 94720-7200

v 510.642.0499
f 510.643.4625
dmulligan at law.berkeley.edu
http://www.samuelsonclinic.org