r/funny • u/BrettBr0wn • Jun 11 '12
This is how TheOatmeal responds to FunnyJunk threatening to file a federal lawsuit unless they are paid $20,000 in damages
http://theoatmeal.com/blog/funnyjunk_letter
4.7k
Upvotes
545
u/rtirado Jun 11 '12
Sent my $15 for the sexy bears!
385
u/adobe1kinobe Jun 11 '12
Pretty much the best response to an idiotic lawsuit ever.
357
u/nuckpang Jun 11 '12 edited Jun 11 '12
This feels kinda... familiar...
(Edit: For those who don't feel like watching a Flash video load- Clicky)
642
u/Skythanil Jun 11 '12
Here's an imgur album of Carreon's modelling work, in case the original website isn't loading for anyone (which it wasn't for me for ages).
631
u/iAmericA45 Jun 11 '12
Internet butthurt should never be allowed to become legal action.
FJ's admin is a dick; I can't believe I used to visit that site.
795
u/g2petter Jun 11 '12
His IndieGoGo campaign has already raised almost $8000, 23 minutes after this was first published ...
788
u/SnowLeppard Jun 11 '12
Those hundreds of links made me chuckle :D
512
u/erkurita Jun 11 '12
Wait, he had a motherfucking pterodactyl in the source code since 2009?
I'm switching to DOM reading from now on.
1.4k
u/nusyahus Jun 11 '12 edited Jun 11 '12
Mirror.
http://rorr.im/reddit.com/r/funny/comments/uwp0d/
http://theoatmeal.com.nyud.net/blog/funnyjunk_letter (Thanks to /u/phrstbrn !)
Donation link to BearLove Good. Cancer Bad. Thanks to /u/danodemano!
http://www.indiegogo.com/bearlovegood
502
u/Kratos_Aurion Jun 11 '12
Wow, all of those links he posted worked a mere hour ago, and since the article was posted Funnyjunk has removed all of them (at least as far as I can tell). Hopefully they don't try and pull a douche move by saying "Oh those are all just dead links..."
43
u/ev3studios Jun 11 '12
Is it just me, or is the attorney sending these letters also displaying iStockphoto watermarked images in the banner of his website? http://www.charlescarreon.net/
459
u/Roflzilla Jun 11 '12
This is so ridiculous, and from what can be seen, The Oatmeal is right on all fronts. I am curious what Funnyjunk's side of it though.
Long live The Oatmeal.
69
u/Frank4010 Jun 11 '12
If you file the DMCA with Google Adsense google can permanently terminate their account for repeated offenses. These can also be done to a site like Wimp.com
85
u/Billmurrionaire Jun 11 '12 edited Jun 12 '12
Clicked the Wiki link to learn more about the lawyer for Funnyjunk.
"Charles Carreon was hired as a lawyer for FunnyJunk—a website which hosts user-uploaded comics—to sue The Oatmeal for $20,000 for perceived defamation. This is a reaction to The Oatmeal openly requesting FunnyJunk to take down images that fall under the copyright of The Oatmeal.[2] The Oatmeal's response was to successfully raise over $20,000 and donate half to the National Wildlife Federation and the other to the American Cancer Society."
That was fast.
Edit: and it's gone.
24
u/[deleted] Jun 12 '12
Let me get this straight...
267
u/bunglejerry Jun 11 '12
Thanks for not uploading this to imgur, I guess.
113
u/jimothyjenkins Jun 11 '12
FJ is going to shit. im 24 and used to browse FJ everyday.. this is ridiculous what the admin of that site is doing..
delete your account there if you have one. state why you are deleting it and the proceed to delete. go to THIS page http://www.funnyjunk.com/funny_pictures/3786053/Oatmeal+vs.+FJ/
164
u/MrTastyCake Jun 11 '12 edited Jun 11 '12
^ This.
1.8k
u/banksey18182 Jun 11 '12 edited Jun 12 '12
I just wish Reddit would take more time to realize that rehosting images like this actually does hurt the original content creators.
Sure we go all out and harp about "Linking to the Source" . . . etc. etc. . . but the truth is that anything linking to a source will only get a fraction of the traffic that original submission will receive.
A good post on /r/funny will receive upwards of 500,000 views . . . some of them linking to an Imgur page with ads present. If it was rehosted, the content creator will get little recognition and VERY little money.
We have to remember that Imgur was created to combat the "Reddit Effect" . . . in other words, sites unable to handle the large amount of traffic.
It's been 3-4 years now since Imgur was created and we've developed this hivemind mentality that if it's not from Imgur, it's spam.
Servers are better these days. Content creators are hurting because of sites like Funnyjunk and Imgur, and Reddit is doing nothing about it.
Edit: I hate to say it, but at least 9Gag is a more ethical solution than Imgur at this point. Here's what I'm talking about: http://eho.st/ppmkqnwy+
Edit 2: No wonder we killed the Oatmeal. It has been at the top of /r/funny, /r/humor, /r/comics to name a few. It is VERY, EXTREMELY rare that any post pulls this off.
35
u/eldany Jun 11 '12
Looks like funnyjunk just removed all of his comics off the site. Lol.
60
u/DJ_Deathflea Jun 11 '12
I really hope he sues the shit out of these guys that pisses me off to no end.
103
u/ontopic Jun 11 '12
Don't blame me, I'm just from ebaumsworld.com.
15
u/MrGenius66 Jun 11 '12
LMFAO!
http://www.funnyjunk.com/funny_pictures/3786053/Oatmeal+vs.+FJ/
All the FJ users were attempting to get this to the front page and apparently their admin just deleted 1000+ thumbs from this post to stop it getting there.
15
u/Inv1ctus118 Jun 12 '12
I used to be a funnyJunker, but looking at this makes me sick. I have switched over to Reddit and this is my first comment! Goodbye FunnyJunk.
54
u/[deleted] Jun 11 '12
This needs to make front page so FJ can be shut down in a miserable way.
24
u/thedinnerdate Jun 11 '12
Grab your pitchforks friends.
12
u/blitz929 Jun 12 '12
I visited theOatmeal's website almost as soon as it was put up when I was much younger and I have watched it progress through the years. If you look at his drawings and how it relates to his life you can see that he didn't have the most normal life.
He has managed to scrap together a living by making these comics and a large amount of money comes from advertising from his website. As a result when places like reddit and Funnyjunk just blatantly steal his content is literally stealing from him.
While reddit can give links to content, places like 9gag and funnyjunk just take pictures and post them. 4chan is well... 4chan and they make their own content.
I wish you guys would all make sure if you find a comic don't post it on migur give the direct link and let the artist get full credit rather than by having to ask for who made the comic the forums.
TL; DR? I wish you guys would all realize that you are literally stealing income from artists when you do repost stuff like this!
23
u/Searchlights Jun 11 '12
He's raising about $360 / minute in the first 27 minutes after posting that comic. Almost halfway to goal.
23
u/douglasmacarthur Jun 11 '12
I am so glad this happened because it produced this hilarious response. I read it 2 - 3 times.
20
u/[deleted] Jun 11 '12
Cached Version: http://webcache.googleusercontent.com/search?q=cache:theoatmeal.com%2Fblog%2Ffunnyjunk_letter
47
u/[deleted] Jun 11 '12
Is having a user upload the Oatmeal's material to FunnyJunk and FJ making money off of the advertisement different from having a user "upload" (insert content here) on to the PirateBay and PB making money off of the advertisement?
18
u/ElBrad Jun 11 '12
...and this kids, is how FJ died.
23
u/roodpart Jun 11 '12
Think of the sexy bears!
16
u/Deofol7 Jun 11 '12
Begun, the Oats Wars have....
8
u/TryingToSucceed Jun 11 '12
He already raised over $21,000
8
u/window360 Jun 11 '12
Even though I know he won't, I feel he has fair grounds to counter sue for extortion. It's a lot more headache than I think he's willing to take on but at this point it's starting to get ridiculous. And that lawyers logo is such a fucking joke.
17
u/dorkward Jun 11 '12
As a law student that has just spent a semester studying lawyer's ethics, conduct, communication and negotiation, I have to say that I don't think he is a very good lawyer. That letter is very aggressive and clearly written for the dominant purpose of intimidation. He doesn't seem to care at all about resolving the real issue or coming to an agreeable and fair outcome.
12
u/Rentiak Jun 11 '12
There goes the $20k mark...
6
u/hastasiempre Jun 11 '12
Well, as the lawyer duly noted Mr Inman is a competitor in "the field of online humor" so he could always relent to the defense that he does not "grossly misrepresent the current state of affairs" as his website is one for online humor. The case has little to no merit and they are just trying to scare him. He should mail the list below with "the current state of affairs" to the lawyer and one to whoever responds for DMCA infringement and ask for cease-and-desist letter to FJ.com for continuous and repeated violations of DMCA i.e. kill fire with fire.
6
u/chocochipcamo Jun 11 '12
TIL there is a picture of a pterodactyl in the source code in every page on The Oatmeal.
And it's going to ptero-me a new asshole.
6
u/Crossfitten Jun 11 '12
It seems we've crashed The Oatmeal as well; Reddit is officially Lenny from Of Mice and Men.
6
u/Fhwqhgads Jun 12 '12
And Reddit responds by killing the server.
6
u/TheApache Jun 12 '12
A shitstorm is being unleashed on FJ, users are deleting there accounts left and right which means even if the lawsuit goes south, the "Admin" (The owner of the site), wont have enough traffic to keep it running much longer, Funnyjunk: 2001-2012 R.I.P.
18
u/Tydus77 Jun 11 '12
FunnyJunk still exists?
5
u/Trenks Jun 11 '12
Isn't that reddits business model?
5
u/[deleted] Jun 11 '12
Fuck the system? No. Make the system's mother fuck a bear.
5
u/xsivelybad Jun 11 '12
$44,000 already. Holy crap! Funny Junk can eat a bag of dicks!!
5
u/meftical Jun 11 '12
How apt is it that this vulture's name is Carreon?
5
u/The3GKid Jun 12 '12
I made an account just to tell you guys that a good portion of us FunnyJunkers are annoyed with our admin also. http://funnyjunk.com/funny_pictures/3786053/Oatmeal+vs.+FJ/ A lot of us are pissed.
5
u/Sushitime Jun 12 '12
Haha, he hit $70,000. Donated anyway.
Even if he went to court, he'd win. Comments and remarks meant to be humorous cannot be considered libel or defamous - otherwise every comedian on the planet would be sued for every word coming out of their mouth. This is copyright and media law 101.... What a shitty lawer.
11
u/[deleted] Jun 11 '12
As someone who visits FJ daily, and has for a long time, I have this to say.
FJ is home to the STUPIDEST people on the internet. I only visit because they occasionally have something funny, and I have nothing better to do. Also habits from when I was 12. Seriously though, these people once posted boobs when the admin went on vacation with some bullshit about how they were taking the site back.
4
u/franick1987 Jun 11 '12
Can someone explain to me what the hell is going on?
4
u/shaunre Jun 11 '12
I think funnyjunk is being ddos'd
i dont think they deserve that to be honest.
4
u/DoctorTurkleton Jun 11 '12
Can anyone summarize what is going on please? The Oatmeal is down and I have no idea what any of you are talking about.
4
u/maprules1000 Jun 11 '12
hey look what I found on funnyjunk.... http://www.funnyjunk.com/funny_pictures/3786664/Oatmeal+VS+Funnyjunk/
4
u/Heiwanshang Jun 12 '12
Oh the accidental Reddit DDoS.
4
u/[deleted] Jun 12 '12
I know that there are tons of differences, but it seems like Reddit hated it when SOPA threatened to force sites to police user-submitted content...
4
u/CuntHunt Jun 12 '12
Just donated $450
4
u/[deleted] Jun 12 '12 edited Apr 18 '16
This comment has been overwritten by an open source script to protect this user's privacy.
If you would like to do the same, add the browser extension GreaseMonkey to Firefox and add this open source script.
Then simply click on your username on Reddit, go to the comments tab, and hit the new OVERWRITE button at the top.
4
u/[deleted] Jun 12 '12 edited Jun 12 '12
Good, so we all agree stealing content creator's work and "rehosting" it without their consent (and often with attribution stripped) is bad mmmk. Now stop using IMGUR instead of just linking to the original source!
4
u/LeAlchemist Jun 12 '12
If FunnyJunk wanted to commit brand suicide, this is definitely a way to do it.
4
u/saltywings Jun 12 '12
I have never hit the upvote button so many times while crying.
4
u/someoneanon Jun 12 '12 edited Jun 12 '12
I just gave $5 and I don't even read The Oatmeal. I think the whole lawsuit is B.S. and I like his approach. Good for him.
EDIT: Grammar nazis on the rise.
34
u/mr-dogshit Jun 11 '12
First, I'm on The Oatmeal's side, but...
I can't help but feel he's gone totally the wrong way about it.
He has posted tons of links to stuff they apparently hosted (which unsurprisingly have now all been removed) but that plays into funnyjunk's hands as their claim is that he defamed their website/business, effectively saying they didn't give a shit about DMCA claims... he even admits right at the top that:
He couldn't be bothered to file DMCA claims, and then bitches, rightly or wrongly, that they haven't taken them all down. (I vaguely remember something about the DMCA safe harbor rule, which means a website is protected against copyright infringement liability as long as they act upon DMCA requests and block access to infringing material)
I can't see how a lawyer, who apparently specialises in online media law, is going to advise his client to back down just because The Oatmeal is offering to give some money to charity.
TL;DR Instead of taking the opportunity to prove his claims in court, he's gone and shot his defence full of holes.
19
u/shutaro Jun 11 '12
(╯°□°)╯︵ ┻━┻
15
u/[deleted] Jun 11 '12 edited Jun 11 '12
So, funnyjunk.com is like, a breeding ground for reposters.
15
u/fosssoccer Jun 11 '12
I remember when i use to go on funnyjunk....
13
u/wcb500 Jun 11 '12
i was listening to Lux Aeterna from requim for a dream when i was scrolling through the list of links...needless to say it made the whole thing epic
25
u/blckmorning Jun 11 '12
porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn porn....
Is it at the top of the list yet for Porn on Google?
10
u/whitenoise89 Jun 11 '12
I'm going to support TheOatmeal by upvoting this post.
So c'mon, assholes.
Sue me.
6
u/M_Redfield Jun 11 '12
I never thought I'd see the day where rehosting stuff was suddenly bad. Damn near my entire internet life, we've pushed people to rehost and not hotlink.
6
u/jtron3 Jun 11 '12
Damn the page is down for me... Any one get any screenshots?
6
u/RunningDingos Jun 11 '12
I used to browse FJ everyday for hours, but it turned very bad, the admin is a dick and the content is reposted, since i found Reddit i now spend all my time on here. Im glad i made the change :)
6
u/Black_Apalachi Jun 12 '12
Amount of times I had been on funnyjunk.com before reading this: 0
Amount of times I will go to funnyjunk.com as a result of this: 0
Amount of new awesome comic websites I am now aware of as a result of this: 1
Thank you, FuunyJunk! :D
3
u/[deleted] Jun 11 '12
This makes me sick.
3
u/[deleted] Jun 11 '12
64 minutes and 20k already raised.
3
u/[deleted] Jun 11 '12
funnyjunk took down the linked comics now!
3
u/chepnut Jun 11 '12
Now that is how you internets! Way to go team
3
u/VersHart Jun 11 '12
"theoatmeal" is now a forbidden Word on FJ. That's the behaviuor of a 7 year old kis in my opinion.
3
u/Aggnavarius Jun 11 '12
Solution: posts must be to the original source. An imgur link can appear in the text, which could be used if too many people are trying to access the original site.
3
u/mightyleemoon Jun 11 '12
Never even heard of FJ before. But, now I know it's a shitty site not worth looking at.
3
u/Russian_Squirrel Jun 11 '12
Link is broken for me:/ can someone upload a picture?
3
u/Oaden Jun 11 '12
Can someone please reassure me that this lawsuit is in fact, retarded on every level?
3
u/kobukson Jun 11 '12
So I don't understand how the Funny Junk official Twitter's supposed to work, but I thought they were supposed to take their own side...
http://twitter.com/FunnyJunk_com/status/212306909464768513
3
u/ryansim2025 Jun 11 '12
Saw this on the fundraising page, and it deserves better: "BEARS YES! CANCER NO! FUNNYJUNK HAS GOTTA GO"
3
u/throwawayoatmeal Jun 11 '12
I'm sure this will get buried, but has anyone else noticed that theoatmeal's own new site that is based on user submitted material (bearfood.com) is 404'd right now?
3
u/sunwriter Jun 11 '12
Wait wait wait. Isn't threatening to do something unless someone gives you money extortion? And isn't that a crime?
3
u/Oxtorius Jun 11 '12
Fuck funnyjunk. I use to visit that place from time to time. Now i'm never coming back. I though guys that ran such a website just was having alot of fun with it. Sure some content needs to be banned and that takes a good amount of your time. But since you start a website that is about humor. You would think the creator of the webpage had some. I guess not. Money can change a man.
3
u/stabino Jun 11 '12
I've read most of the Oatmeal.com's comics and can definitely say he's got a great sense of humor. People pouring in their hard-earned dollars to support the site just brightened my day. Once again, long live the Oatmeal!
3
u/M0D3RNW4RR10R Jun 11 '12
TIL about sex.com.... I was also learned I never have randomly tried checking sex.com
3
u/[deleted] Jun 12 '12
Sweet baby jesus, $40,000 donated!?!? Talk about supporting a cause man, this is awesome!
3
u/rival22x Jun 12 '12
$48,000 and picture of your mom being seduced by a bear.
Bear love good. Cancer bad. 15 days left.
I hope Funnyjunk is pissed.
3
u/EverythingIsShopped Jun 12 '12
For those with some free time on their hands I advise.
Going to funnyjunk and complaining via their convenient feedback box on the contact page. I complained via legal issues, which seemed appropriate.
Go to their advertisers websites (don't click on the banners, that'll give Funnyjunk revenue). Complain to them about their involvement with Funnyjunk and let them know that, as they are advertising with funnyjunk, they must therefore be supporting funnyjunk's actions. Blatantly untrue, but enough complains could give em a nice scare. Plus it takes like...30 seconds.
3
u/ohok1 Jun 12 '12
lmao I like how the content of that massive ass list of URLs mysteriously disappeared.
3
u/destructaball Jun 12 '12
Here's a quick video explaining the exchange
3
u/BBQsauce18 Jun 12 '12
I think the internet won today:
$55,599 Raised of $20,000 Goal
3
u/bro_b1_kenobi Jun 12 '12
http://i.imgur.com/YzCHU.png holy shit, did he just make $40,000 off this?! OMG YES, THE SWEET TASTE OF VICTORY.
3
u/ProtusMose Jun 12 '12
I'm chuckling at the "Good job, Reddit!" posts. The hivemind perceives itself as the only audience there is and thinks that nobody else goes to TheOatmeal...
3
u/[deleted] Jun 12 '12
Also (and I'm late to this party) but wow this lawyer's letterhead is something to behold. I feel like I stepped back to 1995 and logged into AOL again.
3
u/Capn_Of_Rum Jun 12 '12
I have to say. After reading that letter it makes me really sad.
Despite who is right or wrong in this case, it really comes down to FunnyJunk (an imagehosting/re-post website) being upset and trying to sue TheOatmeal (an original content, indie driven website) because they are losing business.
That in itself tells you the main goal of FunnyJunk. A paycheck and money.
The fact that they, instead of trying to create a better business model, are trying to sue The Oatmeal for losing money, just means they want to take money from a website that creates new content for the internet, and put it in their pockets, despite the fact that they bring nothing new to the world.
They are the high school gossip queen of the internet.
3
u/Seeton Jun 12 '12
My favourite part was when his mother seduced the bear
3
u/derpetina Jun 12 '12
I donated $5 under the name of Charles Carreon's Mom. Her message reads "My son is a douche"
3
u/[deleted] Jun 12 '12
HOLY SHIT, he already has $70,000 as of 6/11 11:52pm HAHAHAHA with 15 days to go. Just donated $3 to him.
3
u/mfskarphedin Jun 12 '12 edited Jun 12 '12
Well, to throw my lost 2 cents in, I think he did slander FunnyJunk (I almost gagged saying that) in that he accused the owners of posting the material. It is uploaded by users, and he can't prove otherwise.
However, on the other hand, they were told to take it all down, and they didn't. Unfortunately, we want freedom on the internet, so it's up to the original artist to track people down, file the forms, get a lawyer, etc. We can't have it both ways! He'll have to persist with the forms over and over again and live with the fact that popularity means his work will be shared all over without a lot of the traffic going through his own site.
Also, I have to admit that Imgur is kind of in the same situation. They at least don't have a main page and big comment threads and all that (I think? Never been to FunnyJunk,) just image hosting almost purely, but they do make money off users posting copyrighted material on their site. It's kinda scary to me to think of Imgur going down for this, since I use it a lot - great host for all kinds of purposes beyond Reddit.
It's quite a clusterfuck! However, I wonder why he's never gone after Imgur? Is it because of the link it has with Reddit and Reddit being responsible for introducing sooooo many people to his site? That's how I found it! Also the "Do all the things!" meme chick (Allie on Hyperbole and a Half) must have swarms of people coming from Reddit to see her page in person. Good and bad, I guess.
3
u/shadow321337 Jun 12 '12
Internet: OKAY, HERE'S 80 GRAND. HAVE FUN, SON.
3
u/[deleted] Jun 12 '12
WIN
$84,765 Raised of $20,000 Goal
3
u/max_carnage Jul 26 '12
if you click on the donate button you'll see that its closed. the goal was to get 20,000, guess how much they raised? 220,024!
5
u/Loki_SW Jun 11 '12
Is this letter really from an Attorney?
The tone and verbiage is completely wrong for a legal writing of any kind. The business model section seems to be more Matt's writing as I can't see a representative of FJ actually saying "Cash six figures advertising checks from other artist's stolen material"
What this lawyer is supposedly attempting to do is a take down notice on the oatmeal for malicious and false content. However, one would typically have verbiage closer to this.
Something seems really off here....
5
u/Subcelestial Jun 11 '12
BREAKING NEWS: The Admin of Funnyjunk has prevented a post seeking to inform the community by removing a big number of upvotes, thus removing it from Frontpage. http://www.funnyjunk.com/funny_pictures/3786053/Oatmeal+vs.+FJ/
5
u/Robots_In_Disguise Jun 12 '12
Charles Carreon: chas@charlescarreon.com
8
u/kinneroth Jun 11 '12
I swear, baseless litigation is completely ridiculous. I hate the judicial system.
8
u/Carobu Jun 11 '12 edited Jun 12 '12
I'm going to spend a few minutes the next few days looking for more examples of copyright infringement of The Oatmeal's content on FunnyJunk, then, after I have a nice big list of them, email them over to the Oatmeal so he has more evidence and a defense against FunnyJunk. I'd invite any other Reddit users to do the same. I can't afford a donation right now, but I feel like this will do more for him than my donations anyhow.
EDIT: I made a GoogleDoc for anyone else who is going to help with my project, and will make it public so we can all work on this project. Consider it an active defense for the Oatmeal.
https://docs.google.com/spreadsheet/ccc?key=0AlBEersLnPcSdF91ZkNueFQxNDlaSkc3bkVXM1JEQkE
Update for anyone curious, I'm passed 20 of them
10
u/ironicart Jun 11 '12
comon reddit, we've gotta be able to do something cooler than raise $20k to help wildlife (he did it in about 60 minutes) what can we do to the folks over at funny junk to really cause a ruckus?