The Electronic Frontier Foundation have posted commentary on the latest bizarre move from Charles Carreon, the lawyer who sent a ridiculous legal threat to webcomic The Oatmeal on behalf of the website Funnyjunk, and has been digging himself deeper ever since. EFF is defending The Oatmeal.
The Oatmeal's Matthew Inman raised over $200,000 for charity using the website IndieGoGo, with the promise that he would photograph himself standing astride the money and send it (along with a cartoon depicting the mother of FunnyJunk's owner trying to seduce a bear) to Carreon to pass on to his client. Now Carreon is attempting to get a court injunction to prevent the funds from being disbursed to charity.
Carreon's claim runs contrary to the Constitution. As Carreon is well aware, freedom of speech is a cornerstone of our legal system. Carreon wants the court to shut down Inman's speech: a comic response to the letter. Sorry, Charlie, the First Amendment protects Inman's right to challenge your legal threat.
Carreon is wrong on the law. Carreon based his claim on the notion that Inman, a full-time webcomic artist based in Seattle, violated false advertising law because he was allegedly required to register with the California Attorney General as a professional fundraiser. No, Inman is not a commercial fundraiser and not required to register, and he certainly did not falsely advertise to anyone that he was registered.
Ten bucks may help bears and fight cancer, but it doesn't give Carreon control of the funds. The night before Carreon filed suit, he donated $10 to Operation BearLove Good, Cancer Bad, claiming this gave him standing to stop the distributiuon of the money, and keep Inman from taking the photo of cash. The law does not permit this.
A TRO would only cause undue delay. Carreon claims he needs to take control and put the money in a charitable trust for the charities. Yet all his gamesmanship would do is delay the money for the charities - much of which has already been sent. There simply is no basis for the court to get involved.
Bears Good, Cancer Bad. Also Bad: Trying to Punish A Critic by Preventing Him from Giving Money to Charity
After years of speculation and wrangling over his remains, Kennewick Man turns out to be closely related to contemporary, local Native Americans after all. Discovered near Kennewick, Wash., in 1996, the skeleton ended up in a tug of war between tribes in the pacific northwest who wanted to bury the remains, and scientists who wanted […]
Yesterday, Esquire published this satirical column by @ProfJeffJarvis, a Fake Steve-style parody of journalism professor and media visionary Jeff Jarvis. The real Jarvis did what any self-respecting open-culture advocate would: he issued a vague legal threat and got it removed, thereby ensuring that something humorless and obscure was read by a far larger audience than […]
Bill Cosby’s attempt to avoid facing a sexual assault charge was ended Monday by a Pennsylvania appeals court. The entertainer, who claimed that an old deal with prosecutors not to charge him in the 2004 case should be honored, will now be criminally prosecuted. Cosby, 78, is facing trial over a 2004 encounter at his […]
You never know when new projects, ideas or opportunities can drop into your lap at a moment’s notice. That may require you to learn a new programming language like Python. Or maybe you need a primer on 3D game development. Or you might realize you could use a serious brush-up on iOS mobile creation.Point is, […]
Isn’t it about time to stretch what your Mac can do? I mean, you’ve got plenty of great programs now…but don’t you think you could use some new tools to get your creative, analytical and organizational juices really flowing? It’s spring, so we cleaned up a whole bunch of super-cool apps lying around and packaged […]
In the world of app development, there’s no greater arena to find success than with Android users. About 80% of the smartphones in use today worldwide operate on the Android operating system, so if you build a great app that Android users love, you’re an international rock star. You’ll be able to make sure your […]