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+ - Competitor threatens suit - counter DMCA takedown?

Submitted by Anonymous Coward
An anonymous reader writes "Zen Magnets, a maker of neodymium magnets, has been under assault by the much larger and better distributed Buckyballs, a maker of a nearly identical toy. After Zen Magnets listed a couple of eBay auctions with a set of Buckyballs and a set of their own, asking customers to decide which was higher quality, Buckyballs replied with a legal threat. Zen Magnets responded with an open video response, in which they presented the voicemail from Buckyballs and demonstrated their claims of quality through repeatable, factual tests, providing quantitative data to back up their assertions.

Soon after, Buckyballs CEO Jake Bronstein got the video taken down from Youtube via a DMCA takedown, despite the fact that the only elements not made by Zen Magnets are the voicemail he left and some images of himself, which are low resolution and publicly available online.

Zen Magnets is now asking for help as they don't know what to do. It's appalling and I can't imagine that it is infringing, but I am not a lawyer. What would you do in this scenario?

(I am affiliated with neither company, although Thinkgeek sells Buckyballs...Slashdot & ThinkGeek share a corporate overlord.)"
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Competitor threatens suit - counter DMCA takedown?

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