Carreon v. Inman et al

Filing 22

RESPONSE (re 20 Ex Parte Application For Temporary Restraining Order and Order to Shaw Cause Re Preliminary Injunction ) filed byIndiegogo, Inc.. (Attachments: # 1 Declaration of Ragesh K. Tangri, # 2 Exhibit A to Tangri declaration, # 3 Exhibit B to Tangri declaration, # 4 Exhibit C to Tangri declaration, # 5 Exhibit D to Tangri declaration, # 6 Exhibit E to Tangri declaration, # 7 Exhibit F to Tangri declaration, # 8 Exhibit G to Tangri declaration, # 9 Exhibit H to Tangri declaration, # 10 Declaration of Slava Rubin, # 11 Exhibit A to Rubin declaration)(Novikov, Eugene) (Filed on 7/1/2012)

Exhibit C

6/28/12

What should I do about FunnyJunk.com? - The Oatmeal

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What should I do about FunnyJunk.com?
Here's how FunnyJunk.com's business operates:
1.
2.
3.
4.

Gather funny pictures from around the internet
Host them on FunnyJunk.com
Slather them in advertising
If someone claims copyright infringement, throw your hands up in the air and exclaim "It was our users who uploaded your
photos! We had nothing to do with it! We're innocent!"
5. Cash six figure advertising checks from other artist's stolen material
I first contacted them about a year ago after I found a handful of my comics uploaded on their site with no credit or link back to
me. They took down the offending images, but since then they've practically stolen my entire website and mirrored it on
FunnyJunk:

Operation BearLove
Good, Cancer Bad has
ended. Now what?
Charles Carreon is
officially suing me and
and the charities of my
fundraiser
FunnyJunk is
threatening to file a
federal lawsuit against
me unless I pay
$20,000 in damages
Top BearFood links for
this week
This was the Final
Jeopardy question last
night

theoatmeal.com/blog/funnyjunk

1/7

6/28/12

What should I do about FunnyJunk.com? - The Oatmeal
Most of the comics they've stolen look like this -- no credit or link back to me. Even with proper attribution, no one clicks through
and FunnyJunk still earns a huge pile of cash from all the ad revenue.
Should I send them a cease and desist? One of my readers wrote in and mentioned that Cyanide and Happiness did that very
thing, but from what I can tell it hasn't had much effect. There's still hundreds of C&H comics hosted on FunnyJunk.com, as well
as thousands from other artists:
The Oatmeal (926 stolen images found)
Cyanide & Happiness (1000+ stolen images found)
David Thorne (27blash6) (554 stolen images found)
Calvin and Hobbes (1000+ stolen images found)
XKCD (1000+ stolen images found)
The Far Side (474 stolen images found)
Amazing Superpowers (12 stolen images found)
Saturday Morning Breakfast Cereal (78 stolen images found)
Dinosaur Comics (42 stolen images found)
Dilbert (64 stolen images found)
Married to the Sea (24 stolen images found)
Natalie Dee (58 stolen images found)
Toothpaste for Dinner (17 stolen images found)
FoxTrot (197 stolen images found)
Hyperbole and a half (186 stolen images found)
Perry Bible Fellowship (106 stolen images found)
Here's their only attempt at original humor:

And it's not just FunnyJunk.com, there's a small army of sites out there like this whose business model runs this way. Another
one is DamnLOL.com, who managed to rack up 670,000 likes on Facebook by hosting stolen content and covering their
website with "like this on Facebook" buttons. It seems like this "Host-stolen-content-until-someone-complains-meanwhileearning-ad-revenue" business model is booming right now. It's basically the new Ebaumsworld.

theoatmeal.com/blog/funnyjunk

2/7

6/28/12

What should I do about FunnyJunk.com? - The Oatmeal

I realize that trying to police copyright infringement on the internet is like strolling into the Vietnamese jungle circa 1964 and
politely asking everyone to use squirt guns. I know that if FunnyJunk disappeared fifty other clones would pop up to take its
place overnight, but I felt I had to say something about what they're doing.
Perhaps you should too *update* read below.

*Update*
The admin of FunnyJunk has responded, details here.

*Update 2*
FunnyJunk is now threatening to file a federal lawsuit against me unless I pay him $20,0000: details here.

54

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Nick Chandler
Back when ebaumsworld was stealing from ytmnd, someone led a multi-person lawsuit against them. If you want to
crush your enemy, you must crush them completely, or they will come back harder, stronger, and better prepared. Gather
your forces, then strike with a thousand dolphin-punches.
1 year ago

17 Likes

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Anon

theoatmeal.com/blog/funnyjunk

3/7

6/28/12

What should I do about FunnyJunk.com? - The Oatmeal
Deal with it faggot.
11 months ago

in reply to Nick Chandler

2 Likes

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fulp
What Anon said. Wait...
No, never mind. I'm not retarded.
11 months ago

in reply to Anon

13 Likes

Quincy
@Nick Chandler
Exactly. With our soldier kitties we shall dominate them.
1 year ago

JenTheHistoryGirl
I'd go with a cease and desist, either that or you could do as mentioned with the addition of gathering the Pterodactyl and
Grizzly Bear forces.
That really is low though, looks like they didn't even bother to give you credit for your own material.
A comic of epic proportions about ti would also be acceptable.
1 year ago

Like

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Greg Johnson
You should sue for a portion of the profits. They are liable as hosts as you can continue to sue every few years. So there's
really no way for them to stop you.
1 year ago

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Solid Snake, Anarcho-capitalist
That's nice. But in no way does that mean you're entitled to
any specific amount of remuneration.
Tell me: if you created a shit sandwich, does that mean you're
entitled to a bunch of money?
2 w eeks ago

in reply to Greg Johnson

Cool Jigger
When you post something on the internet its there for everyone. Don't act like you also made the jokes too- 4chan
member
1 year ago

5 Likes

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Jerem
How old are you?
The problem is not the posting of someone else's work (if credit is given it's ok), but the ripping of this work
without any credit given, and money-making linked to it.
1 year ago

in reply to Cool Jigger

13 Likes

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Destiny McNish
Credit really is given. If not, the user who has uploaded the image is banned forever.
11 months ago

in reply to Jerem

Rose.

theoatmeal.com/blog/funnyjunk

4/7

6/28/12

What should I do about FunnyJunk.com? - The Oatmeal
Really? If you created something & someone took it & started making money off of it, wouldn't you be a little
pissed?
12 months ago

in reply to Cool Jigger

3 Likes

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Anon
Good thing they're not making money off of it, you retard.
11 months ago

in reply to Rose.

Beau
They make thousands in ad revenue, you retard.
11 months ago

in reply to Anon

13 Likes

Nikas
And one little retard doesn't know how ads work
11 months ago

in reply to Anon

6 Likes

Nikas
Ah! How did i double post? *Facepalm*
11 months ago

in reply to Nikas

shy.tack
That's the point, moron. FJ IS making money off of those hits via advertising revenues.
11 months ago

in reply to Anon

5 Likes

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Like

Reply

your retarded
really your retarded
10 months ago

in reply to shy.tack

Solid Snake, Anarcho-capitalist
Please demonstrate that the intangible can be stolen.
Copying can't be stealing, as the original still is in the possession of the owner, as it were. And
no, there's no such mystical garbage as "stolen sales", since value is subjective. Would be nice
if you'd come to at least the 1870s and embrace marginal utility.
2 w eeks ago

in reply to Anon

Like

Reply

Destiny McNish
Users upload the images. Not our admin. We do not in any way profit from receiving what we call "Front
Page" in which an image we have uploaded is one of the highest rated in 24 hours. I have personally
gotten Front Page once with OC and i did not benifit at all other than some virtual "thumbs". Admin gets
money for how much traffic he gets on Funnyjunk.com, not what images are on it. Every images could
say "SWED" and as long as he got the same traffic he gets now, he would make just as much as he
does, with or without "stolen images".
Also, we are no longer able to post copyright material or we are banned indefinatly.
11 months ago

in reply to Rose.

Like

Reply

Hank Fournier
use the ugly bear tactic tell them that you are going to rip them apart then draw a picture of a bear but i think that might fail
because they would put it on there website
1 year ago

1 Like

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