OatMeal being sued by FJ
polycounter lvl 8
This, is the by far one of the strangest things i've seen in quite a while.
FunnyJunk is currently suing the Oat Meal because there hosting his content. It has to one of the most backward cases i've seen in a while. Of course Matthew's has responded in kind~
http://theoatmeal.com/blog/funnyjunk_letter
Utter brilliance.
FunnyJunk is currently suing the Oat Meal because there hosting his content. It has to one of the most backward cases i've seen in a while. Of course Matthew's has responded in kind~
http://theoatmeal.com/blog/funnyjunk_letter
Utter brilliance.
Replies
Also insulting the lawyers' mother, I dunno, he's just hired by the guys at FJ...
A professional response would be expensive court costs and a funny-junk keeping on their regular business unhurt, going out in the open with this, and with humor is lovely!
Link to it~ http://www.indiegogo.com/bearlovegood?c=home
A) He knows they haven't got a leg to stand on.
C) Both of the above.
I think he's doing something great here, assuming he's actually on the right side of this. Why do it behind closed doors, talking through lawyers? Get it out in the open and expose their bullshit to the eye of the internet.
This is much more hilarious.
Charity + Information + Humor + Open Policy = Victory.
I mean c'mon, do you know what this means for FunnyJunk if they want after this at this point? The Charity part alone about Cancer is enough to get people riled up.
Nice. I'ts over $100k. So he only committed 20k for charity, meaning excess funds can be ethically used for counter-suit money. :thumbup:
I wonder how the guys at funky junk are taking this.
that would be a really immoral thing to do. the collection is for charity. if he takes the money he's lying to people
Not to me it ain't. The indiegogo goal was $20K. He can do whatever he want's, but if I were in his shoes I'd reserve the excess for legal - cuz saying fuck off to other party doesn't nullify their legal action. I didn't see in his oatmeal page saying what he'll do for funds above and beyond his initial goal. Sure he'd give all away, just I'm stating my opinion.
Their claims being bollocks does nullify their legal actions, though. A judge will throw this out quickly and laugh in the face of the FunnyJunk owner.
guys a friggin genius haha, I hope it all works out for him. The stories pretty amazing and to think he could possibly shut them down with all the support behind him, looks like a mutiny is going on at FJ aswell. One of the funniest things is funnyjunk now has his kodiac bear artwork and lawyers letter on their front page haha.
That said if they are after 20k in damages now, then this stunt could mean they go for even more in damages and then he might have to take this all a bit more seriously. $121k in one days not a bad little earner though
Maybe Oatmeal guy is the same from FJ and he just made it up to get 100k?
So if this went to court, and judge asks why the sudden price hike, FJ would have to explain it not only in hard facts and that whatever the original thing is/or was is a mistake, but why did they change the number after the date when the Started closed with more then 100K, since they had plenty of time to fix that beforehand.
defamation is intentional false communication. Its obvious Oatmeal isn't intentionally lying about anything.
I know but that's what the lawsuit is about, right? They claim the oatmeal made false claims that hurt their business.
..this dude looks pretty fierce
Guys, I don't think FJ has any grounds at this point...
OM doesn't have to prove any of that given that he's not filing suit over it.
If FJ took down all copyrighted material that OM reported but left other things up that he didn't, then technically the defamation part is true. The obligation to report copyright infringement is on the holder.
So if it actually went to court OM's defense would have to show the FJ knowingly infringed.
The likelihood it actually goes to court is about nill, I don't think any judge would even see this case.
FJ has no case.. and this could really destroy their site.
You have to 'knowingly infringe'. As long as FJ took down content when someone said 'hey this is copyrighted' then he hasn't done anything wrong in the eyes of the law.
To comply with DMCA's, you don't even have to delete the data from your server. You just have to remove the links pointing to said data.
Still, it was a little suspicious for FJ to have hundreds of OM's comics on their site. It's not like it was one or two.
Any owner of a site definitely knows what is on their site, but proving that is another story...
Nice.
Oh no how can you say such a thing, we must take care of EVERYONE and give EVERYONE the same chance and group hugs and kisses.
I say they burn his degrees and suit and chase him out of town, the lawyer that is.
Is this why hundreds of sites that allowed users to post links to videos that were copyrighted got shut down by homelan security this year? They weren't even hosting the content just posting links.
Also he states in his post that they are suing him over a post that when he made it was true, and they want him to retroactively take it down now since they removed all the links. Thats nonsense.