FunnyJunk - Images

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Charles Carreon, Attorney at Law ONLINE MEDIA LAW Telephone Fax: June 2, 2012 Via Personal Service Matthew Inman Seattle, WA Dear Mr. Inman: I represent FunnyJunk, LLC. ("Funnyjunk"), a competitor of TheOatmeal.com in the field of online humor. I write to demand immediate removal of false statements about Funnyjunk from TheOatmeal.com, where you posted the following: Here's how FunnyJunk.com's business operates: 1. Gather funny pictures from around the internet 2. Host them on FunnyJunk.com 3. Slather them in advertising 4. 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! Cash six figure advertising checks from other artist's stolen material 5. (Attachment A.) This is a false accusation of willful copyright infringement. FunnyJunk hosts only user-uploaded content pursuant to a rigorous DMCA policy that includes termination as a sanction for repeat abusers. FunnyJunk takes immediate action on any DMCA notice it receives in the proper form. In addition to the above- quoted false statements, on the same webpage you say that FunnyJunk has "practically stolen my entire website and mirrored it on FunnyJunk." You illustrate this present-tense statement with a screencap that purports to be current, but in fact was taken long ago, and grossly misrepresents the current state of affairs. (Attachment A.) Below this barrage of false statements, you posted a series of hyperlinks with this false statement as an introduction: "There's still hundreds of C&H comics hosted on FunnyJunk.com, as well as thousands from other artists..." Clicking on those hyperlinks turns up a null result in every case. (Attachment B.) However, that string of apparently useless hyperlinks put the phrase "funnyjunk" into the source code for the page twenty-eight (28) times (Attachment C), thus causing TheOatmeal.com to come up whenever "funnyjunk" is punched into the Google search engine. (Attachment D.) The Alexa stats for TheOatmeal.com are equally revealing, showing that the "Query Popularity" of "funnyjunk" is 42, nearly as popular as "oatmeal" itself, at 44 (Attachment E.) Given your background in SEO, you clearly intended this result. (Attachment F.) Your false statements, recorded in Attachment A, accuse FunnyJunk of engaging in willful copyright infringement for commercial advantage and financial gain, a federal felony. 17 US.C. § 506(a)(1)(A) and 18 U.S.C. § 2319(b). Your false statements injured FunnyJunk in its trade, business or profession. Your false statements were made with the explicit, malicious purpose you announced in the source code of the webpage, screencaptured on page 2 of Attachment B, and reproduced below By maliciously accusing FunnyJunk of criminal conduct to injure its business reputation, you exposed yourself to a lawsuit for defamation per se, in which damages are presumed. Albert v. Loksen, 239 F.3d 256, 272 (2nd Cir. 2001) By publishing false statements about FunnyJunk to gain publicity, popularize TheOatmeal.com, and injure FunnyJunk's reputation in the marketplace, you engaged in false advertising in violation of the Lanham Trademark Act, 15 U.S.C. 51125(a)(B). FunnyJunk is therefore entitled to file a federal lawsuit against you for injunctive relief to compel the removal of the false statements from TheOatmeal.com. McNeil-PCC, Inc. o. Bristol-Meyers Squibb Co., 938 F.2d 1544, 1549 (2nd Cir., 1991). FunnyJunk may also sue for enhanced damages and recovery of its attorneys fees under 15 US.C. §11 17·U-Haul Int. v. Jartran, Inc., 793 F.2d 1034, 1042-1043 (9th Cir. 1986) (upholding award of double damages and attorneys fees under Sec. 1117 to unregistered markholder in action for false advertising). In a Lanham Act lawsuit, both judge and jury will presume that your false statements deceived Internet users. Southland Sod Farms v. Stover Seed Co., 108 F.3d 1134, 1146 (9th Cir. 1997). Accordingly, demand is hereby made upon you to perform the following remedial acts on or before June 12, 2012: Remove all mention of FunnyJunk and FunnyJunk.com from TheOatmeal.com from your website and any other website over which you have control. Deliver to me a check in the amount of $20,000 payabie to the order of Funnyjunk, LLC. I look forward to your prompt response Very truly yours, Charles Carreon 2012.06.02 17:13:44-07'00 Charles Carreon

Charles Carreon, Attorney at Law ONLINE MEDIA LAW Telephone Fax: June 2, 2012 Via Personal Service Matthew Inman Seattle, WA Dear Mr. Inman: I represent FunnyJunk, LLC. ("Funnyjunk"), a competitor of TheOatmeal.com in the field of online humor. I write to demand immediate removal of false statements about Funnyjunk from TheOatmeal.com, where you posted the following: Here's how FunnyJunk.com's business operates: 1. Gather funny pictures from around the internet 2. Host them on FunnyJunk.com 3. Slather them in advertising 4. 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! Cash six figure advertising checks from other artist's stolen material 5. (Attachment A.) This is a false accusation of willful copyright infringement. FunnyJunk hosts only user-uploaded content pursuant to a rigorous DMCA policy that includes termination as a sanction for repeat abusers. FunnyJunk takes immediate action on any DMCA notice it receives in the proper form. In addition to the above- quoted false statements, on the same webpage you say that FunnyJunk has "practically stolen my entire website and mirrored it on FunnyJunk." You illustrate this present-tense statement with a screencap that purports to be current, but in fact was taken long ago, and grossly misrepresents the current state of affairs. (Attachment A.) Below this barrage of false statements, you posted a series of hyperlinks with this false statement as an introduction: "There's still hundreds of C&H comics hosted on FunnyJunk.com, as well as thousands from other artists..." Clicking on those hyperlinks turns up a null result in every case. (Attachment B.) However, that string of apparently useless hyperlinks put the phrase "funnyjunk" into the source code for the page twenty-eight (28) times (Attachment C), thus causing TheOatmeal.com to come up whenever "funnyjunk" is punched into the Google search engine. (Attachment D.) The Alexa stats for TheOatmeal.com are equally revealing, showing that the "Query Popularity" of "funnyjunk" is 42, nearly as popular as "oatmeal" itself, at 44 (Attachment E.) Given your background in SEO, you clearly intended this result. (Attachment F.) Your false statements, recorded in Attachment A, accuse FunnyJunk of engaging in willful copyright infringement for commercial advantage and financial gain, a federal felony. 17 US.C. § 506(a)(1)(A) and 18 U.S.C. § 2319(b). Your false statements injured FunnyJunk in its trade, business or profession. Your false statements were made with the explicit, malicious purpose you announced in the source code of the webpage, screencaptured on page 2 of Attachment B, and reproduced below By maliciously accusing FunnyJunk of criminal conduct to injure its business reputation, you exposed yourself to a lawsuit for defamation per se, in which damages are presumed. Albert v. Loksen, 239 F.3d 256, 272 (2nd Cir. 2001) By publishing false statements about FunnyJunk to gain publicity, popularize TheOatmeal.com, and injure FunnyJunk's reputation in the marketplace, you engaged in false advertising in violation of the Lanham Trademark Act, 15 U.S.C. 51125(a)(B). FunnyJunk is therefore entitled to file a federal lawsuit against you for injunctive relief to compel the removal of the false statements from TheOatmeal.com. McNeil-PCC, Inc. o. Bristol-Meyers Squibb Co., 938 F.2d 1544, 1549 (2nd Cir., 1991). FunnyJunk may also sue for enhanced damages and recovery of its attorneys fees under 15 US.C. §11 17·U-Haul Int. v. Jartran, Inc., 793 F.2d 1034, 1042-1043 (9th Cir. 1986) (upholding award of double damages and attorneys fees under Sec. 1117 to unregistered markholder in action for false advertising). In a Lanham Act lawsuit, both judge and jury will presume that your false statements deceived Internet users. Southland Sod Farms v. Stover Seed Co., 108 F.3d 1134, 1146 (9th Cir. 1997). Accordingly, demand is hereby made upon you to perform the following remedial acts on or before June 12, 2012: Remove all mention of FunnyJunk and FunnyJunk.com from TheOatmeal.com from your website and any other website over which you have control. Deliver to me a check in the amount of $20,000 payabie to the order of Funnyjunk, LLC. I look forward to your prompt response Very truly yours, Charles Carreon 2012.06.02 17:13:44-07'00 Charles Carreon

Charles Carreon. Attorney at Law ONLINE MEDIA LAW Telephone: Fax: June 2, 2012 Via Personal Service Matthew Inmarn Seattle, WA Re: FunnyJunk Dear Mr. Inman I represent FunnyJunk, LLC. "Funnyjunk"), a competitor of TheOatmeal.com in the field of online humor. I write to demand immediate removal of false statements about Funnyjunk from TheOatmeal.com, where you posted the following: Here's how FunnyJunk.com's business operates 1. Gather funny pictures from around the internet 2. Host them on FunnyJunk.com 3. Slather them in advertising 4. 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 innocen!" 5. Cash six figure advertising checks from other artist's stolen material (Attachment A.) This is a false accusation of willful copyright infringement. Funnyjunk hosts only user-uploaded content pursuant to a rigorous DMCA policy that includes termination as a sanction for repeat abusers. FunnyJunk takes immediate action on any DMCA notice it receives in the proper form. In addition to the above- quoted false statements, on the same webpage you say that FunnyJunk has "practically stolen my entire website and mirrored it on FunnvTunk." You illustrate this present-tense statement with a screencap that purports to be current, but in fact was taken long ago, and grossly misrepresents the current state of affairs. (Attachment A.) OH REALLy NOW What an adorable little fiction Here's a list of HUNDREDS of my comics that are STILL hosted on FunnuJunk.com (and have been for years)

Charles Carreon. Attorney at Law ONLINE MEDIA LAW Telephone: Fax: June 2, 2012 Via Personal Service Matthew Inmarn Seattle, WA Re: FunnyJunk Dear Mr. Inman I represent FunnyJunk, LLC. "Funnyjunk"), a competitor of TheOatmeal.com in the field of online humor. I write to demand immediate removal of false statements about Funnyjunk from TheOatmeal.com, where you posted the following: Here's how FunnyJunk.com's business operates 1. Gather funny pictures from around the internet 2. Host them on FunnyJunk.com 3. Slather them in advertising 4. 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 innocen!" 5. Cash six figure advertising checks from other artist's stolen material (Attachment A.) This is a false accusation of willful copyright infringement. Funnyjunk hosts only user-uploaded content pursuant to a rigorous DMCA policy that includes termination as a sanction for repeat abusers. FunnyJunk takes immediate action on any DMCA notice it receives in the proper form. In addition to the above- quoted false statements, on the same webpage you say that FunnyJunk has "practically stolen my entire website and mirrored it on FunnvTunk." You illustrate this present-tense statement with a screencap that purports to be current, but in fact was taken long ago, and grossly misrepresents the current state of affairs. (Attachment A.) OH REALLy NOW What an adorable little fiction Here's a list of HUNDREDS of my comics that are STILL hosted on FunnuJunk.com (and have been for years)

theoatmeal webcomic stolen content copyright infringement legal document online media law

Broke

Dear FunnuJunk users, Jour mass of comments on my Facebook page nas made me realize a few things- i. You don't know the difference between suing someone and sending them a cease and desist a. You think that calling someone a f----- is the same as arguing Dylan TheFlash Kraenzlein F----- DONT SUE FUNNYJUNK! 10 minutes ago Like Comment 顱: Sam Kean yo f--. we are more than you think. we are many. we are strong. we are witty, funny, and awesome. we are FJ and we will not take your s---. 16 minutes ago Like Comment Aric Travieso why dont you take up your female highschool drama s--- with f----- (previously reddit) tumblr and etc before you give the good sites like FunnyJunk flak. 3 You honestly believe that the guy who owns FunnyJunk (a website which gets MILLIONS of unique Visitors every month) is broke and "barely making it' 4. When puberty started last year it was a really tough, confusing time for you

Dear FunnuJunk users, Jour mass of comments on my Facebook page nas made me realize a few things- i. You don't know the difference between suing someone and sending them a cease and desist a. You think that calling someone a f----- is the same as arguing Dylan TheFlash Kraenzlein F----- DONT SUE FUNNYJUNK! 10 minutes ago Like Comment 顱: Sam Kean yo f--. we are more than you think. we are many. we are strong. we are witty, funny, and awesome. we are FJ and we will not take your s---. 16 minutes ago Like Comment Aric Travieso why dont you take up your female highschool drama s--- with f----- (previously reddit) tumblr and etc before you give the good sites like FunnyJunk flak. 3 You honestly believe that the guy who owns FunnyJunk (a website which gets MILLIONS of unique Visitors every month) is broke and "barely making it' 4. When puberty started last year it was a really tough, confusing time for you

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The Oatmeal wants to sue funnyjunk and FunnyJunk to me The Oatmeal wants to sue funnyjunk and shut it down! He thinks were nothing more than dirty content thieves. That FJ prev next» 6:48am doesn't have any real members, it's just a bot that steals content Go here Contact Oatmealanyway you can! here: http:litheoatmeal.com/pages/contact 1+ and here: http:/www.facebook comtheoatmeal Show him these links! delete

The Oatmeal wants to sue funnyjunk and FunnyJunk to me The Oatmeal wants to sue funnyjunk and shut it down! He thinks were nothing more than dirty content thieves. That FJ prev next» 6:48am doesn't have any real members, it's just a bot that steals content Go here Contact Oatmealanyway you can! here: http:litheoatmeal.com/pages/contact 1+ and here: http:/www.facebook comtheoatmeal Show him these links! delete

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THE HISTORY FUNNY JUNK 廻 The Designer E DESIGNE bug5、and everyone loved tam generaly. th a nev account others thought he had sold the the same dory everytime 1. They vould pet 2 As they an out They would imes with corsics and oeting trotpagemlaing you You seriously think I am fling for that s--- again? Hear lies all lost in latest f--- up angry, yes you lost many of devoted users, yes your a Sme to read this, il sum t up admin leaves Made by ste orash present day 'n shn

THE HISTORY FUNNY JUNK 廻 The Designer E DESIGNE bug5、and everyone loved tam generaly. th a nev account others thought he had sold the the same dory everytime 1. They vould pet 2 As they an out They would imes with corsics and oeting trotpagemlaing you You seriously think I am fling for that s--- again? Hear lies all lost in latest f--- up angry, yes you lost many of devoted users, yes your a Sme to read this, il sum t up admin leaves Made by ste orash present day 'n shn