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They posted a series of flyers before they were sent out to the public. Apparently this raised the eyebrows of a few lawyers who promptly slapped FatWallet with a threat to take them to court for violating the DMCA. Their reasoning is that sale prices are copyrighted and the DMCA is the great saviour for copyright owners. Initially Fatwallet agreed as it had no way to fight the case due to the opponents vast stores of money. Now, fatwallet is fighting back, and they are using the DMCA against the very people who brought it to bear. In the DMCA, there is a clause regarding frivolous use of the DMCA and it certainly looks like Fatwallet may have the retailers over a barrell. Fatwallet's lawyers are claiming, and rightly so, that sale prices are in fact, well, fact. Facts are not copyrightable, rather ideas are. It's not as though Wal-Mart sales associates give you the product and say, hey, I have an idea, how about you give me 4.99 for this package of light bulbs. The DMCA has some very broad reaching effects in many different industries. Hopefully Wally gets slapped around a bit and scares other companies into thinking twice before using the DMCA to stomp something they don't like. Add your comment
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