Quantumhawk
Jun 18 2012, 04:16 PM
Apologies if this has been posted already, I can't find it.
http://theoatmeal.com/blog/funnyjunk_letterCopying and pasting a couple of parts but I highly recommend you read the links.
QUOTE
Remember FunnyJunk? Almost exactly a year ago I published a blog post about my comics being stolen, re-hosted, and monetized on FunnyJunk's website. The owner of the site responded and some of the comics were taken down, He still had a ton of my comics hosted without credit, but the energy it would take to get him to take them down wasn't worth it. I thought the issue was done and over with so I let him be.
A few days ago I was served papers informing me that the owner of FunnyJunk is going to file a federal lawsuit against me unless I pay him $20,000 in damages. You can read the full letter here.
The owner of FunnyJunk hired Charles Carreon, a lawyer who became famous in the 90s after successfully litigating sex.com.
Charles does a bit of modeling too, apparently.
I don't want to get tied up in courtroom nonsense. I don't want to pay more money to my lawyer. Don't you miss the days when I posted 2 comics a week, instead of writing rebuttals to Forbes and dealing with bulljive like this?
So do I.
I've annotated the letter below as well as outlined how I'm going to deal with this.
http://www.popehat.com/2012/06/17/the-oatm...sues-everybody/QUOTE
On Friday, June 15, 2012, attorney Charles Carreon passed from mundane short-term internet notoriety into a sort of legal cartoon-supervillainy.
He transcended typical internet infamy when he filed a federal lawsuit last Friday in the United Sates District Court for the Northern District of California in Oakland. He belonged to the ages the moment he filed that lawsuit not only against Matthew Inman, proprietor of The Oatmeal, but also against IndieGoGo Inc., the company that hosted Inman's ridiculously effective fundraiser for the National Wildlife Federation and the American Cancer Society.
But that level of censorious litigiousness was not enough for Charles Carreon. He sought something more. And so, on that same Friday, Charles Carreon also sued the National Wildlife Federation and the American Cancer Society, the beneficiaries of Matthew Inman's fundraiser.
Yes. Charles Carreon, butthurt that someone had leveraged his douchebaggery into almost two hundred thousand dollars of donations to two worthy charities, sued the charities.
This guy is beyond amazing. He also contributed to the charity expressly so he could sue on behalf of contributors.
Not to mention the stuff that he and his wife host online. She photoshops pictures of people they don't like into pornographic images.
Detour
Jun 18 2012, 04:23 PM
Looks like the Internet has its next Jack Thompson.
Destron D-69
Jun 18 2012, 04:39 PM
heard about this on Radio dead air.
Nash said there was some donation thing you could do to help out, but I forgot what it was.
something about moms and bears LOL
Fortress Ironhold
Jun 18 2012, 06:27 PM
QUOTE(Destron D-69 @ Jun 18 2012, 04:39 PM)

something about moms and bears LOL
If he got enough money for the charity, then not only would he make the donation he'd also send Funnyjunk a picture depicting the owner's mom with a bear.
One of the webcomics I read (I want to say Irregular Webcomic) posted a link to the letter some time back.
Dake
Jun 18 2012, 07:03 PM
Ha, yeah. I've been following this on Gawker and it's pretty impressive. I guess the lawyer figures he's in too deep and can't back down now. I imagine he's hoping the judge will dismiss the case and then he can say he tried but they were against him.
D.M
Jun 18 2012, 07:08 PM
Sooooo... does this mean that 9gag can sue entire internet?
Rust
Jun 18 2012, 07:14 PM
This is turning into that South Park episode that ends with Everybody Suing Everybody.
DrSpengler
Jun 18 2012, 07:16 PM
I just hope the Oatmeal isn't stuck paying the legal fees necessary to defend themselves against this BS lawsuit. That's one of those things I really hate about our system; you can be sued by anybody for any nonexistent reason and even if you win you're still stuck paying thousands of dollars in legal fees.
If there's any justice, the case won't just be dismissed, but Carreon will have to cover the Oatmeal's expenses and maybe pay some additional compensation. But that's only if the courts were to be fair, which they rarely are.
Nyarlathotep
Jun 18 2012, 07:18 PM
It's something like.....
4chan creates or finds something, then when 4chan gets bored Reddit gets it. Then it ends up on Tumblr, then Facebook. Then it'll finally end up on 9gag and funnyjunk who are the bottom-feeders.
4chan and Reddit never hold copyright, but Tumblr will tend to erase artist and source from images for some reason. 9gag always attaches those god-awful "check this out on 9gag" bumper stickers, or they'll edit in some sort of self-gratifying unfunny addition. Then you've got Funnyjunk here who's trying to take credit wholesale.
Ironbite
Jun 18 2012, 08:10 PM
Wow...suing charities. This guy has some balls.
Ironbite-that are about to be eaten by the WWF.
LBD "Nytetrayn"
Jun 19 2012, 04:24 AM
QUOTE(DrSpengler @ Jun 18 2012, 08:16 PM)

I just hope the Oatmeal isn't stuck paying the legal fees necessary to defend themselves against this BS lawsuit. That's one of those things I really hate about our system; you can be sued by anybody for any nonexistent reason and even if you win you're still stuck paying thousands of dollars in legal fees.
If there's any justice, the case won't just be dismissed, but Carreon will have to cover the Oatmeal's expenses and maybe pay some additional compensation. But that's only if the courts were to be fair, which they rarely are.
If I remember right, Oatmeal has guys willing to work pro bono on this one. I think the guy from Popehat is one.
--LBD "Nytetrayn"
Asquian
Jun 19 2012, 06:45 AM
I've been keeping an eye on it. It's hilarious. I'm definitely on the side of The Oatmeal on this one, even with no skin in the game.
Also, the "internet" lawyer is no Jack Thompson. I kinda miss Jack Thompson, to be honest, his antics were always good for a laugh. This joker is going to be laughed out of court in short order.
Rhinox
Jun 19 2012, 08:02 AM
I feel a tiny pang of sympathy for this idiot lawyer. he has no idea what he's done stepped in.
UnicronusPrime
Jun 19 2012, 09:27 AM
My wife read me an article about how the lawyer had to remove all of his contact info from the internet due to the constant calls he was getting.
NovaSaber
Jun 19 2012, 11:06 AM
Part 1Part 2Part 3Part 4Here's the TLDR version:
FunnyJunk is a website that aggregates content owned by other people without giving them credit and makes money off of their work through advertising.
The Oatmeal, which had pretty much its entire site copied that way,
puts this up.
FunnyJunk's lawyer, Charles Carreon, demands that The Oatmeal take down the criticism and pay $20,000.
The Oatmeal decides to raise money for charity instead of to pay off a threat; around $200,000 for the National Wildlife Fund and the American Cancer Society.
Carreon
sues the National Wildlife Federation and the American Cancer Society.
DrSpengler
Jun 19 2012, 11:08 AM
Redjack Ryan
Jun 19 2012, 11:48 AM
I just contributed!

Edit: As of 1:03pm EST, the donation amount was up to $199,316!!!
Quantumhawk
Jun 19 2012, 12:20 PM
QUOTE(DrSpengler @ Jun 19 2012, 11:08 AM)

LOL! Sometimes it's confusing when a mod merges threads together without posting notice. I saw your reply, immediately felt foolish for not seeing the old thread, clicked on the link to see who posted the original, and then my head exploded when the link took me back to my own thread.
Kalidor
Jun 19 2012, 03:27 PM
This thread has been merged with an existing topic.
*looks around shiftily*
Pocket
Jun 19 2012, 05:49 PM
Aw. I was hoping Funnyjunk had the balls to sue The Oatmeal claiming it infringed their nonexistent copyright on the stuff they stole. Still pretty hilarious though.
Dake
Jun 19 2012, 05:56 PM
QUOTE(Pocket @ Jun 19 2012, 05:49 PM)

Aw. I was hoping Funnyjunk had the balls to sue The Oatmeal claiming it infringed their nonexistent copyright on the stuff they stole. Still pretty hilarious though.
That's really the best part in my book. Funnyjunk is not denying they stole the material - they're just mad The Oatmeal called them on it!
Caldwin
Jun 19 2012, 06:30 PM
I didn't read the whole thing, but I think I got enough of the high points to say this.
I truly doubt Oatmeal will even have to say a word before this whole case is thrown out. And given that Funnyjunk now only doesn't have copyright, but downright stole the stuff themselves, making them guilty of (if I read it right in my admittedly brief skimming) the exact same thing they're accusing Oatmeal of...given that, I would be shocked if Oatmeal didn't also get court costs awarded.
It's hard to get court costs back after being sued like Spengs said. But in cases that are so egregiously frivolous, they very well could get court costs awarded. At least, that's what I took away from that one episode of Marilyn Millian. I'd be shocked if they didn't get court costs. This whole case is just stupid.
Quantumhawk
Jun 19 2012, 10:38 PM
QUOTE(Caldwin @ Jun 19 2012, 06:30 PM)

I didn't read the whole thing, but I think I got enough of the high points to say this.
I truly doubt Oatmeal will even have to say a word before this whole case is thrown out. And given that Funnyjunk now only doesn't have copyright, but downright stole the stuff themselves, making them guilty of (if I read it right in my admittedly brief skimming) the exact same thing they're accusing Oatmeal of...given that, I would be shocked if Oatmeal didn't also get court costs awarded.
It's hard to get court costs back after being sued like Spengs said. But in cases that are so egregiously frivolous, they very well could get court costs awarded. At least, that's what I took away from that one episode of Marilyn Millian. I'd be shocked if they didn't get court costs. This whole case is just stupid.
Actually, the *threat* originally was a lawsuit over libel for claiming that Funnyjunk stole material for their own profit. The *actual* lawsuit was solely by the lawyer on the grounds that he was defamed by TheOatmeal. And that he incited people to do stuff. And that he illegally donated money to a charity.
Automan2000
Jun 22 2012, 07:38 AM
So, it sounds like FunnyJunk is the new ebaumsworld
Detour
Jun 22 2012, 09:36 AM
QUOTE(Automan2000 @ Jun 22 2012, 08:38 AM)

So, it sounds like FunnyJunk is the new ebaumsworld
Looks to be.
Pocket
Jun 22 2012, 11:59 PM
FunnyJunk and the entire Cheezburger Network collectively are the new eBaumsworld. It's funny how in a world where everyone is so sue-happy over piracy, well-known and heavily-trafficked sites like these are still able to exist with content that's 90% genuine copyright infringement.
Why isn't Something Awful mobilizing its army of goons against them like they did with Bauman?
Pennpenn
Jun 23 2012, 06:42 AM
QUOTE(Quantumhawk @ Jun 19 2012, 10:38 PM)

And that he illegally donated money to a charity.
Can you even do that?
Quantumhawk
Jun 23 2012, 11:37 AM
QUOTE(Pennpenn @ Jun 23 2012, 06:42 AM)

QUOTE(Quantumhawk @ Jun 19 2012, 10:38 PM)

And that he illegally donated money to a charity.
Can you even do that?
Perhaps I should have phrased that "illegally collected money for a charity". Subtle difference.
Dake
Jun 23 2012, 11:51 AM
QUOTE(Quantumhawk @ Jun 23 2012, 11:37 AM)

QUOTE(Pennpenn @ Jun 23 2012, 06:42 AM)

QUOTE(Quantumhawk @ Jun 19 2012, 10:38 PM)

And that he illegally donated money to a charity.
Can you even do that?
Perhaps I should have phrased that "illegally collected money for a charity". Subtle difference.
I don't know how you could do that either. It's only illegal if the charity doesn't wind up getting the money. As long as he actually hands it over to the charity for whom he claimed to be collecting it's no different than our Allspark Charity drive.
Asquian
Jun 23 2012, 03:11 PM
It's likely that said "internet" lawyer is, as he's pretty much been doing this entire time, pulling things from his ass.
Asquian
Jun 26 2012, 11:36 AM
Still going. Now we're just down to the name calling, actual abuses of the justice system, and Vogon poetry.
http://arstechnica.com/tech-policy/2012/06...+All+content%29
Dake
Jun 26 2012, 01:38 PM
Whoa... Inman might have something to worry about here after all as that lawyer and his wife are Loony Tunes!
Pocket
Jun 26 2012, 04:40 PM
I hope his wife shows up to court to testify, so we can see her make a complete ass of herself and get held in contempt of court. Hell, maybe they both will. What happens if the plaintiff gets held in contempt? Do they automatically lose?
God, it's times like this I wish court cases were all televised, or at least streamed over the Internet. This is something I'd like to watch.
Asquian
Jun 27 2012, 07:40 AM
http://arstechnica.com/tech-policy/2012/06...+All+content%29It's spreading.
Also, there is something deeply, deeply wrong with his wife. I've seen some messed up content, but naturally assumed Poe's law for most of it. I don't think that the case with this woman, I think she really is that way.
Asquian
Jul 2 2012, 09:32 AM
http://arstechnica.com/tech-policy/2012/07...+All+content%29Well, he still managed to do the picture of the cash thing, in a roundabout way.
Detour
Jul 2 2012, 09:50 AM
How much more of a douchenozzle can Carreon get? Seriously!
Caldwin
Jul 2 2012, 03:39 PM
QUOTE(Detour @ Jul 2 2012, 10:50 AM)

How much more of a douchenozzle can Carreon get? Seriously!
I expect that we're going to find out before this is all over. Somehow, I get the feeling he just doesn't comprehend how much he's ruining his name here...not that I have a clue what kind of shape his name was in before...but still, yeah, big fricken douche right there.
Rust
Jul 2 2012, 05:13 PM
Picking a fight with the Internet is kind of like taking a cattle prod to a sleeping Grizzly Bear a foot away.
DanHibiki
Jul 2 2012, 05:42 PM
QUOTE(Rust @ Jul 2 2012, 03:13 PM)

Picking a fight with the Internet is kind of like taking a cattle prod to a sleeping Grizzly Bear a foot away.
After handcuffing yourself to said grizzly.
Caldwin
Jul 2 2012, 05:47 PM
And sticking your head in its mouth.
Firebird1
Jul 2 2012, 05:55 PM
Does anyone need Popcorn or a Large Soda?
IT looks like their home town is against them and siding with The Oatmeal on this on.
http://www.tucsonweekly.com/tucson/weekly-...ent?oid=3428866
Rust
Jul 2 2012, 06:31 PM
QUOTE(DanHibiki @ Jul 2 2012, 05:42 PM)

QUOTE(Rust @ Jul 2 2012, 03:13 PM)

Picking a fight with the Internet is kind of like taking a cattle prod to a sleeping Grizzly Bear a foot away.
After handcuffing yourself to said grizzly.
QUOTE(Caldwin @ Jul 2 2012, 05:47 PM)

And sticking your head in its mouth.
"I can't see how this could
possibly go wrong!"
Fortress Ironhold
Jul 2 2012, 06:42 PM
QUOTE(Rust @ Jul 2 2012, 06:31 PM)

QUOTE(DanHibiki @ Jul 2 2012, 05:42 PM)

QUOTE(Rust @ Jul 2 2012, 03:13 PM)

Picking a fight with the Internet is kind of like taking a cattle prod to a sleeping Grizzly Bear a foot away.
After handcuffing yourself to said grizzly.
QUOTE(Caldwin @ Jul 2 2012, 05:47 PM)

And sticking your head in its mouth.
"I can't see how this could
possibly go wrong!"
...but would this be before or
after lighting oneself on fire?
Caldwin
Jul 2 2012, 09:32 PM
Before. After all, all this is done while driving a Pinto off a cliff...you'll get your fire soon enough and...what were we talking about????
Nutjob R/T
Jul 2 2012, 10:00 PM
Douchebags suing people that point out they're douchebags?
Caldwin
Jul 2 2012, 11:05 PM
QUOTE(Nutjob R/T @ Jul 2 2012, 11:00 PM)

Douchebags suing people that point out they're douchebags?
Oh crap! Pretty soon this guy's gonna sue the entire world!
kizudarake
Jul 3 2012, 04:16 AM
I think the best part of it all is the website his madhatbatjive wife runs. It lets you see that this wasn't a recent break with sanity. It goes back YEARS.
Tara Carreon
Rust
Jul 3 2012, 04:21 AM
How adorable. That website is like I'm surfing on geocities or angelfire in the late 90s. All it needs is scrolling text, some animated gifs, and a hit counter.
Rhinox
Jul 3 2012, 09:46 AM
QUOTE(Firebird1 @ Jul 2 2012, 05:55 PM)

Does anyone need Popcorn or a Large Soda?
IT looks like their home town is against them and siding with The Oatmeal on this on.
http://www.tucsonweekly.com/tucson/weekly-...ent?oid=3428866Dude, did you read some of the comments on that article? The first one I saw compared Inman to Jared Loughner, the guy who shot Gabby Gifford. What the hell?!
Fortress Ironhold
Jul 3 2012, 10:51 AM
QUOTE(Rhinox @ Jul 3 2012, 09:46 AM)

QUOTE(Firebird1 @ Jul 2 2012, 05:55 PM)

Does anyone need Popcorn or a Large Soda?
IT looks like their home town is against them and siding with The Oatmeal on this on.
http://www.tucsonweekly.com/tucson/weekly-...ent?oid=3428866Dude, did you read some of the comments on that article? The first one I saw compared Inman to Jared Loughner, the guy who shot Gabby Gifford. What the hell?!
Did you read the person who wrote the comment?
Tara Carreon.
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