FC: FatWallet fights back against silly DMCA claim

From: Declan McCullagh (declanat_private)
Date: Mon Dec 02 2002 - 19:46:04 PST

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    Date: Mon, 02 Dec 2002 14:03:22 -0800
    From: "Deirdre Mulligan" <dmulliganat_private>
    To: declanat_private
    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
    dmulliganat_private
    http://www.samuelsonclinic.org
    
    
    
    
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