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Pepe The Frog Creator Sues Spicy Chicken Tendies Sauce - Matt Furie Megathread (Read 10356 times)

Started by Foobs, August 29, 2017, 06:23:28 pm
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Pepe The Frog Creator Sues Spicy Chicken Tendies Sauce - Matt Furie Megathread
#1  August 29, 2017, 06:23:28 pm
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So, do you remember a few weeks ago when a dumbshit from Texas published a children's book about Pepe the Frog defeating Allahu Ackbar Alkah the evil alligator?



I'd be down with that.

Also: Couldn't Matt Furie sue this guy?

And he did!

Matt Furie, Pepe's original creator has gone increasingly mad at the alt-right for using Pepe. He was cool with at first, but after Trump won the election he tried to kill Pepe. That obviously didn't work, so he's set on the (slightly) less ridiculous path of "saving" Pepe and defending his intellectual property more aggressively.

Quote
Matt Furie, the creator of Pepe the Frog, struck back against a self-published children's book that depicted Pepe as an Islamophobic, alt-right champion on a mission to make his farm great again.

Thanks to Louis Tompros and Don Steinberg—intellectual property lawyers at Wilmer Cutler Pickering Hale and Dorr LLP—Furie has reached a settlement with The Adventures of Pepe and Pede author Eric Hauser. That settlement prevents further sale of the book and forces Hauser to donate all profits to a Muslim-American advocacy group.

Tompros and Steinberg reached out to Hauser after his book made headlines earlier this month and were immediately contacted by the author's lawyer. Hauser admitted up front that he had infringed Furie's copyright. "Mr. Hauser admitted it," Tompros said. "There's no question it was copyright infringement. [We] were able to negotiate [settlement] over the course of just a few days."

Under the terms of the settlement, Hauser will have to turn over all his profits from the self-published book. "It wasn't much," Tompros said, just $1,521.54.

To add insult to injury:
Quote
[...]
Thanks to Louis Tompros and Don Steinberg—intellectual property lawyers at Wilmer Cutler Pickering Hale and Dorr LLP—Furie has reached a settlement with The Adventures of Pepe and Pede author Eric Hauser. That settlement prevents further sale of the book and forces Hauser to donate all profits to a Muslim-American advocacy group.

Hauser isn't going to make a single penny from this ordeal, his book will no longer be published and he's getting "reassigned" from his job as principal's assistant. I don't know if that's euphemism for getting fired or if he'll genuinely be assigned to another school.
Last Edit: December 05, 2017, 06:02:08 am by Foobs Sese Seko Nkuku Ngben...
Re: Pepe The Frog Creator Sues Moron, Donates Profits To Muslims
#2  August 30, 2017, 12:18:53 am
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HAHAHAHAHAHAHA

what a great punishment
Re: Pepe The Frog Creator Sues Moron, Donates Profits To Muslims
#3  August 30, 2017, 12:26:44 am
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lol but also he's still a spineless shit for "killing" pepe and this here gamer will never forgive him
Re: Pepe The Frog Creator Sues Moron, Donates Profits To Muslims
#4  September 03, 2017, 04:44:15 am
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Really?
Fucking Matt Furie is ASKING for Lord Kek's wrath to strike him down at this point.
The Annihilator of Degeneracy and God of Memes does not forgive...

Last Edit: September 04, 2017, 01:40:07 am by Mr. Ansatsuken
Re: Pepe The Frog Creator Sues Moron, Donates Profits To Muslims
#5  September 03, 2017, 04:55:02 am
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That's some primo level cringe, baby
Back from the bellows of hell
Back from the back of a jail in a cell
Back from the common decrees to the common degree
Back to the streets from the East
Back to the belly of beast
Back to the place of my peace
Back to me holding my piece
Anything working disturbing that peace
Will certainly meet the deceased, capiche?
Re: Pepe The Frog Creator Sues Moron, Donates Profits To Muslims
#6  September 04, 2017, 07:05:15 pm
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Politics aside, using someone else's copyrighted character in your own for-profit works is just asking for trouble.
Re: Pepe The Frog Creator Sues Moron, Donates Profits To Muslims
#7  September 19, 2017, 09:08:09 pm
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Re: Pepe The Frog Creator Sues Moron, Donates Profits To Muslims
#8  September 20, 2017, 12:58:44 am
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And here is the response to said lawsuit threat by Mike Cernovich's lawyers:

https://archive.is/98AyW

In regards to the threats, does this Matt Furie have a death wish? Picking a fight with the Internet, especially Reddit and 4chan, and 8chan (indirectly) combined, is something even angels will not dare to do. I do not envy his fate when /pol/ runs right over him...
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Re: Pepe The Frog Creator Sues Moron, Donates Profits To Muslims
#9  September 20, 2017, 06:44:55 pm
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The claim that Pepe the Frog was placed in the public domain is misinformed, since Furie never explicitly waived his copyright to the character, he basically gave the equivalent of a license. I also don't see how using a copyrighted character to further a political stance constitutes as fair use.

Also "embarrass the fuck out of you", seriously? I find it highly improbable that any serious, self-respecting lawyer would issue such a threat in a formal, legal letter.
Re: Pepe The Frog Creator Sues Moron, Donates Profits To Muslims
#10  September 21, 2017, 05:01:54 am
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The claim that Pepe the Frog was placed in the public domain is misinformed, since Furie never explicitly waived his copyright to the character, he basically gave the equivalent of a license. I also don't see how using a copyrighted character to further a political stance constitutes as fair use.

Also "embarrass the fuck out of you", seriously? I find it highly improbable that any serious, self-respecting lawyer would issue such a threat in a formal, legal letter.

As I understand, the points of contention are that there is no copyright registration to the first works that Pepe appeared in and that Furie verbally said that Pepe is free to use in interviews with him. Now, I am no lawyer, but I understand, to the bet of my degree, that the first point of no copyright registration GREATLY weaken Furie's claims and vastly diminishes whatever reward that Furie might get as a result.

It is political satire and commentary on events and organizations at that time, both are valid fair use reasons since Pepe is usually seen and used as a symbol and reference to the Alt-Right movement. In addition, it is argued that the work is transformative in nature, which is also fair use. These reasons are also the reasons why, for example, Disney can't sue the pants off South Park for this Mickey Mouse portrayal:



The lawyer writing that letter is Marc J. Randazza, a renowned lawyer specializing in First Amendment and IP cases. He is not small nor unprofessional by any means. And that statement is pretty much Randazza telling Furie's lawyers, under no uncertain terms, that this case will not go well for them and Furie and they know it.

Again, we will need to see this in court to see where does the law side with, but I do think that Furie does not have too much of a case here. By the way, how in the world that Furie manage to attract and earn the services of Wilmer Hale? Wilmer Hale charges $1000 per hour and they are pretty much top notch and very expensive lawyers. Where does he get the money to retain them?
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Re: Pepe The Frog Creator Sues Moron, Donates Profits To Muslims
#11  September 21, 2017, 05:08:05 am
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1.) Copyright status, at least in the US, is automatic upon creation of a work. Registration with the federal government is not mandatory.
2.) There's a big difference between what South Park's portrayal of Mickey Mouse did, and using Mickey Mouse to push nazi ideals and pro-Hitler propaganda. The former is transformative, the latter is not.
3.) Doesn't change the fact that it's still not something that you put in a legal document.
4.) If you read the article, then you'd know that WilmerHale is representing Furie pro bono and is costing Furie absolutely nothing.
Re: Pepe The Frog Creator Sues Moron, Donates Profits To Muslims
#12  September 21, 2017, 06:20:40 am
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1.) It is mandatory if you are seeking a large award of statutory damages. Can you sue without registration? Yes, but it will be a waste of time and money to do so, plus you might run the risk of getting slapped around in court by the judge or jury if they think that the lawsuit is frivolous. But it seems that Furie's purpose is to irritate people into stop using Pepe, so good on him I suppose, but how would he take on the rest of the Internet?

2.) True, but the use of Pepe here could be strongly argued as transformative since he was not a symbol of the Alt-Right before, but become one over-time, exposing him to use for political commentary and satire as representative of the Alt-Right (and maybe Trump supporters, depending on whom you ask). It is arguably no different than using Mickey Mouse or Ronald McDonald as stand-ins for the companies they mascot for in political cartoons involving said companies.

Ironically enough, you can thank the mainstream media, SPLC, Hillary Clinton, and others on the left for their part in making sure that Pepe remains a symbol of the Alt-Right for a very long time. If Furie wants someone to blame for his frog becoming a symbol for Nazis and White-supremacists for a large part of the American population, he should blame them.

3.) In a legal document that'll be presented in front of a judge or jury? Maybe, but I would need to get an actual opinion from an actual lawyer before I can answer that with any certainty, because who knows what goes on in a law firm.

4.) I'll give you that, but I would disagree on the fact that it is costing Furie nothing. I would think it is certainly costing is reputation heavily now that many people on the Internet and off the Internet does not think highly of him.
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Re: Pepe The Frog Creator Sues Moron, Donates Profits To Muslims
#13  September 21, 2017, 08:41:37 am
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Two things. First, the response from /pol/ here (would link but I can't find it, it vanished in the depths of twitter) is to aggressively add Matt Furie's copyright to every Pepe. Especially the most racist Pepes of all.

Also, Wilmer Hale is the same law firm that backed Zoe Quinn in trying to illegally silence her ex, a case which he eventually won (though not as dramatically and precedent-setting-ly as he had hoped). I don't think they care much about who is actually in the right.
Re: Pepe The Frog Creator Sues Moron, Donates Profits To Muslims
#14  September 21, 2017, 04:31:56 pm
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This?



There's something ironic about Zyklon Ben'ing Matt Furie, but I don't think it'll go anywhere.

Re: Pepe The Frog Creator Sues Moron, Donates Profits To Muslims
#15  September 21, 2017, 04:37:19 pm
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My absolute favorite Pepe is the KKK one that CNN had to make themselves because at the time they couldn't find any racist pepes
Re: Pepe The Frog Creator Sues Moron, Donates Profits To Muslims
#16  September 21, 2017, 04:59:14 pm
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Re: Pepe The Frog Creator Sues Moron, Donates Profits To Muslims
#17  September 21, 2017, 05:36:31 pm
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I'm pretty sure mindlessly slapping "©Matt Furie" on Nazi & KKK pepes is only going to further prove Furie's point and only strengthen his resolve, and thats not even getting into the possibility of libel. Do these people have some kind of a death wish or are they just naturally stupid?
Re: Pepe The Frog Creator Sues Moron, Donates Profits To Muslims
#18  September 21, 2017, 07:09:15 pm
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Pffft, what can Matt Furfag even do about anons slapping his name on random Pepes? Kill Pepe again?
Last Edit: September 21, 2017, 07:13:24 pm by Fubs
Re: Pepe The Frog Creator Sues Moron, Donates Profits To Muslims
#19  September 21, 2017, 07:24:16 pm
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that's why the lawsuits are very silly if you ask me. the biggest reasons pepe has his reputation right now are the pol users using him for racism (good luck suing thousands of anonymous users) and those that cemented his position as a "hate symbol" (hillary's campaign, ADL). people like cernovich and maced alaska are irrelevant in comparison
Re: Pepe The Frog Creator Sues Moron, Donates Profits To Muslims
#20  September 25, 2017, 06:12:39 pm
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I'm not sure I'm following the narrative here.

1. Successful meming (PLUS)
2. Gets in a legal battle against the nazifolks (PLUS)
3. Wins money out of the settlement (FUCK YEAH)
4. Donates it to the people nazis hate (LEVEL UP!)
5. Goes for a second round (... HE IS A FUCKING MORON)