Carreon v. Inman et al

Filing 24

DECLARATION of Matthew Inman in Opposition to 20 Ex Parte Application For Temporary Restraining Order and Order to Shaw Cause Re Preliminary Injunction filed byMatthew Inman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Related document(s) 20 ) (Opsahl, Kurt) (Filed on 7/1/2012)

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Exhibit F Exhibit F Twitter Comics Comics: Random Most Popular Quizzes All Cats Blog Grammar Food Misc Animals Shop Follow: Facebook RSS / Email Tech What should I do about FunnyJunk.com? Here's ho w FunnyJunk.co m's business o perates: 1. 2. 3. 4. Gather funny pictures fro m aro und the internet Ho st them o n FunnyJunk.co m Slather them in advertising If so meo ne claims co pyright infringement, thro w yo ur hands up in the air and exclaim "It was o ur users who uplo aded yo ur pho to s! We had no thing to do with it! We're inno cent!" 5. Cash six figure advertising checks fro m o ther artist's sto len material I first co ntacted them abo ut a year ago after I fo und a handful o f my co mics uplo aded o n their site with no credit o r link back to me. They to o k do wn the o ffending images, but since then they've practically sto len my entire website and mirro red it o n 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 PDFmyURL.com Mo st o f the co mics they've sto len lo o k like this -- no credit o r link back to me. Even with pro per attributio n, no o ne clicks thro ugh and FunnyJunk still earns a huge pile o f cash fro m all the ad revenue. Sho uld I send them a cease and desist? One o f my readers wro te in and mentio ned that Cyanide and Happiness did that very thing, but fro m what I can tell it hasn't had much effect. There's still hundreds o f C&H co mics ho sted o n FunnyJunk.co m, as well as tho usands fro m o ther artists: PDFmyURL.com The Oatmeal (9 26 sto len images fo und) Cyanide & Happiness (10 0 0 + sto len images fo und) David Tho rne (27blash6 ) (554 sto len images fo und) Calvin and Ho bbes (10 0 0 + sto len images fo und) XKCD (10 0 0 + sto len images fo und) The Far Side (474 sto len images fo und) Amazing Superpo wers (12 sto len images fo und) Saturday Mo rning Breakfast Cereal (78 sto len images fo und) Dino saur Co mics (42 sto len images fo und) Dilbert (6 4 sto len images fo und) Married to the Sea (24 sto len images fo und) Natalie Dee (58 sto len images fo und) To o thpaste fo r Dinner (17 sto len images fo und) Fo xTro t (19 7 sto len images fo und) Hyperbo le and a half (18 6 sto len images fo und) Perry Bible Fello wship (10 6 sto len images fo und) Here's their o nly attempt at o riginal humo r: PDFmyURL.com And it's no t just FunnyJunk.co m, there's a small army o f sites o ut there like this who se business mo del runs this way. Ano ther o ne is DamnLOL.co m, who managed to rack up 6 70 ,0 0 0 likes o n Facebo o k by ho sting sto len co ntent and co vering their website with "like this o n Facebo o k" butto ns. It seems like this "Ho st-sto len-co ntent-until-so meo ne-co mplainsmeanwhile-earning-ad-revenue" business mo del is bo o ming right no w. It's basically the new Ebaumswo rld. PDFmyURL.com I realize that trying to po lice co pyright infringement o n the internet is like stro lling into the Vietnamese jungle circa 19 6 4 and po litely asking everyo ne to use squirt guns. I kno w that if FunnyJunk disappeared fifty o ther clo nes wo uld po p up to take its place o vernight, but I felt I had to say something abo ut what they're do ing. Perhaps yo u sho uld to o *updat e * re ad be lo w. *Update* The admin o f FunnyJunk has respo nded, details here. *Update 2* FunnyJunk is no w threatening to file a federal lawsuit against me unless I pay him $20 ,0 0 0 0 : details here. T he Oatmeal on Facebook Like Twe e t Like Add New Comment 691 55 Like 3.7k 626,693 Send and 24 o thers liked this. Lo gin PDFmyURL.com Real-time updating is pause d. (Resume) Showing 20 of 683 comments So rt by po pular no w Ellyn These co mments just make me extremely angry. The intelligence o f the average human is at an all time lo w. TheAL A warning to all who enter fro m hencefo rth: reading many o f the existing co mments co mes with the risk o f develo ping neuro lo gical damage in all crucial areas o f the brain. Unless yo u like ho llo w lo gic, pitiful "it's the interwebz, get o ver it" arguments, and o bvio us tro lls defending FJ, turn away no w! guest Wo w yo u're right, I think I felt my IQ dro p aro und 10 po ints just reading fo r a few minutes. Also I go to FJ fairly regularly and even I think this lawsuit is co mplete bullshit. I pray the judge lo o ks at the suit and laughs in admin's and his lawyer's face. guest I igno red the warnings. I read them anyway. No w I sit in my chair, slo wly bleeding fro m the eyes and begging fo r a death that will no t co me. Guest PDFmyURL.com I read so me o f the co mments just because I go t curio us due to TheAL's co mment. But serio usly. Yo u sho uldn't. Solid Snake http://www.yo utube.co m/watch?v... Allen Hernandez ez That video talks abo ut derivative wo rks and who o wns what. Well, replies yo u've given thro ugho ut this page (as gro ssly no velesque and needless full o f ho t steam as the many, many, many, many, many replies are) seem to co nvey that yo u think co pying =/= stealing o ne mo ment, which is true, but that o ne canno t steal, and mo st o f what peo ple think o f stealing is just co pying. That's where yo u trip o n yo urself. A lo t o f that video talks abo ut derivative wo rks. Let's start there. FJ didn't make new co mics that derived fro m the co mics o n Oatmeal. Furthermo re, the peo ple uplo aded them o n Oatmeal went o ut o f their way in mo st cases to digitally remo ve the watermarks and signature o f Oatmeal. They didn't co py. They didn't derive. They shared witho ut credit. Yo u're right. If I print yo ur o riginal wo rk o n my inkjet and hang it o n my wall...I am no t harming anyo ne. Ho wever, if I sell that print, o r use it to fuel ad revenue o n a site, and do all o f this witho ut giving credit, I am technically stealing. FACT. Making an o riginal wo rk besto ws it with co pyright the mo ment yo u make it. ALSO FACT. Say "false" all yo u want. Saying the mo o n is made o f cheese 10 ,0 0 0 ,0 0 0 times in a ro w to tally wo rked. Right? Let's say I spend 14 ho urs drawing so mething in Pho to sho p. I put it o nline with my watermark and say "Use the share links belo w, thanks." Guess what? That's my pro perty. It's no t yo urs. While yo u pro bably wo uld never get in tro uble fo r printing it o n a sticker and slapping it o nto yo ur backpack, yo u can't take that image like it's sto ck and use it ho wever yo u want, whenever yo u want, wherever yo u want. Again, say "false" all yo u want. It'll be yo ur o nly defense when yo ur paycheck is being garnished after being successfully sued. That art, printed o n yo ur paper o r no t, is NOT yo ur pro perty. Do n't be a delusio n imbecile fo r Pete's sake... Yo ur tireless battle to pro ve, ho wever technical, that what FJ did was mo rally neutral and unequivo cally in-the-right, in perpetuity thro ugho ut the universe, is based o n fallacio us lo gic and arguments that hide po o r reaso ning under the shro ud o f immense length and/o r verbo sity. If I find a dead, ro tting ho rse and call it "dead," am I wro ng? No . So meo ne like yo u co uld go o n fo r 14 pages PDFmyURL.com citing all kinds o f co nspiracy theo ries, existential bull crap, and quantum what-have-yo us, but yo u'd just be a windbag who never had a co rrect po int to begin with. All yo u can do is say "FALSE! I'm right, yo u're wro ng, insert insult here, BS o bfuscatio n here, blah blah blah." Yo u're an unfo rtunate so ul with an o bvio usly decent level o f intelligence, but o ne who isn't to o gro unded. Yo u're like a real Dwight Schrute witho ut the heart. If I wanted to hear so meo ne who co mes o ff like a dumb-ass co mmunity co llege student spewing a bunch o f crap he just read in so me bo o ks, and po o rly understands, I'd dress up as a go th and go study so me kids like an anthro po lo gist. I wo uld at least get so me educatio nal value o ut o f it. With that said, feel free to reply. Yo u seem unable to resist. Ho wever, I will never read them. Feel free to use that admissio n against me all yo u want. Solid Snake >That video talks abo ut derivative wo rks and who o wns what. Tucker? http://www.yo utube.co m/watch?v... > I am technically stealing. By the use o f the wo rd "technically" yo u've admitted that yo u're equivo cating. Thank yo u fo r yo ur co ncessio n. No t. Entitled. To . Any. Objective. Number. Of. Sales. >All yo u can do is say "FALSE! I'm right, yo u're wro ng, insert insult here Hint: when yo u decide to back yo ur claims with so mething o ther than the LTV, yo u'll get mo re o f a respo nse. Until then, lo o k fo rward to gainsaying! >Yo u're like a real Dwight Schrute witho ut the heart. The human heart is a o rgan that pumps blo o d. http://www.yo utube.co m/watch?v... JayZak PDFmyURL.com But Funnyjunk isn't o nly co pying it, it is MAKING MONEY fro m it, do yo u get it?... Solid Snake And a perso n selling used bo o ks is also "stealing value" fro m the o riginal creato r. There is no right to have what yo u have created stay at any particular wo rth. Jo Mama serio usly? yo u're co mparing selling a used bo o k to ho sting, err, ripping o ff, so meo ne else's co ntent o n yo ur site? yo u are undo ubtedly the dumbest perso n i've run acro ss o n the internet to day. let's see if yo u can tell the difference: 1) buy bo o k. 2) read it 3) sell it 1) co py co mics fro m website. 2) place o n yo ur o wn website 3) make mo ney Solid Snake And if the o ne steals value fro m the creato r, so do es the o ther. The po int is that o ne do es no t have the right to co llect any o bjective amo unt o f mo ney just because they created so mething. Yo u can't "steal value." aadavi Ho ly shit, are yo u that fucking stupid? Really? When yo u're buying a used bo o k, the o riginal creato r is getting credit. Yo u lo o k at it and see who wro te it, who published it, who fucking edited it. Yo u're aware o f who created the co ntent. The used bo o k sto re do esn't slap it's o wn name o n it and go , "DERP DEE DUR, I wro te this, no w give me PDFmyURL.com mo ney!" That's the po int. He's stealing co ntent, making mo ney o ff o f it, and no t linking back to the o riginal creato r. Solid Snake No , yo u just do no t think. > When yo u're buying a used bo o k, the o riginal creato r is getting credit. So ?? That's no t my po int. If the purchaser bo ught the bo o k used it fo llo ws that the autho r was "deprived" o f a sale, at least in partial. Value has "been sto len." > He's stealing co ntent, making mo ney o ff o f it, Then buying a used bo o k, instead o f a new bo o k, is also depriving the autho r o f pro fit he is entitled to . >and no t linking back to the o riginal creato r. That's plagiarism, o therwise kno wn as fraud, sto p equivo cating. aadavi *its. Befo re the inevitable "Yo u used the wro ng fo rm o f its, so yo ur po int do esn't matter, because yur a sto o pid" Marie The rate o f yo ur stupidity is to o damn high. Imagine yo u wo rk as a janito r. Yo u wo rk yo ur ass o ut like fark. BUT. The co mpany do esn't pay yo u, instead, they pay the salary to yo ur friend who claimed that he's the o ne who did all the wo rk yo u've do ne. PDFmyURL.com THAT is what funnyjunk DID to THEOATMEAL. If yo u still can't get the po int, i do think yo u really are a retard. Solid Snake A lo vely strawman. Yo u are entitled to that mo ney, because there is an agreed upo n co ntract between yo u and yo ur emplo yer. It do esn't wo rk like that fo r IP, which canno t be pro perty in the first place because it's no t scarce. If things are no t scarce there is no reaso n to call them pro perty. And sto p co nflating fraud with theft, they are no t the same. Yes, implicit co ntract has been used in an attempt to justify co pyright (yo u, in theo ry, wo uld agree to a co ntract when yo u buy a bo o k), but it do esn't fly because it wo uld invo lve punishing third parties that did no t agree to the co ntract. Jo Mama So rry...but I still can't believe what a mo ro n yo u are - that I had to leave two co mments. "Stealing value". I suppo se selling a user car is stealing value fro m the creato r. They SOLD it. Tard. I ran aro und the internet to day. at pretty much blazing speed. ho ping to find so meo ne who was at least as much o f an idio t as yo u. I failed. Solid Snake > I suppo se selling a user car is stealing value fro m the creato r. Only if yo u believe co pying a car and selling it steals value fro m the creato r. Of co urse it isn't stealing value, and that's the po int I was trying to make. Tard. Since the car has been so ld the new o wner can do whatever he likes with it, which includes co pying it and selling it fo r pro fit. PDFmyURL.com Ben Daniels YOU TURN AWAY!!!! WHORE M Subscribe by email S RSS Lo ad m o re co m m e nt s b lo g c o mme nts p o we re d b y DISQ US PDFmyURL.com Neato things from The Oatmeal Shop Bear-O-Dactyl Shirt I Love Sriracha Magnet View Item Special Ops Bunny Shirt View Item View Item Bears Love Boomboxes Shirt Canadian Pet - Greeting Card Bacon is Greater Than Love Bumper Sticker PDFmyURL.com View Item View Item View Item Wookiee Jesus - Signed Print Tesla > Edison Shirt Sriracha Flamethrower Grizzly - Signed Print View Item View Item View Item View more Oatmeal goodies here. Follow the Oatmeal Twitter - Facebook - RSS - Email Home - Comics - Quizzes - Blog Misc - Shop - About - Contact PDFmyURL.com All artwo rk and co ntent o n this site is Co pyright © 20 12 Matthew Inman. Please do n't steal. The O atme al.c o m was lo ving ly b uilt us ing Cake PHP PDFmyURL.com

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