DMCA a Two-Edged Sword?

A couple weeks ago, Wal-Mart and several other retailers forced FatWallet to remove postings in their forums that listed upcoming sale prices, claiming copyright over the info, and using the DMCA as a club. But according to Ars Technica, Wal-Mart may have gone too far, in demanding the info on forum posters. FatWallet is fighting back, using the DMCA itself:

Today, FatWallet sent each retailer a letter contesting its frivolous copyright assertion 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. According to Megan E. Gray, “As the retailers well know, simple sales prices are not protected by copyright. Copyright only covers the expression of ideas, not facts.” Deirdre K. Mulligan noted, “This is an example of corporations using allegations of copyright infringement to silence speech.”

Oopsy!