Monday, June 18, 2012

Stupid Lawyer Tricks

I wasn’t going to comment on the ongoing fracas between TheOatmeal and the website that has been pirating his cartoons for all of these years until this morning, when the latest development in the case demonstrated just how dangerous this sort of thing is getting to be. I’m not going to name the offended/offending party, since that’s how this situation started in the first place, but just in case you haven’t been following the story, The Oatmeal is a web comic and humor site, and over the years artwork from the site has been lifted and reprinted across the Internet. This happens to most web artists, and is usually a minor annoyance, but there was one website that was actually making money on the stolen cartoons, and The Oatmeal took notice of it and posted a list of every time the other site had done this. Other ‘net dwellers began referencing these theft listings, and repeating them until references to the other website stealing The Oatmeal’s cartoons became more commonly found on search engines than the thieving website’s own address…

At this point, the thieves decided to take legal action, and had their lawyer send The Oatmeal a letter claiming that the “search engine interference” was deliberate cyber-vandalism and demanding $20,000 or they would sue. Now, for most of us this would be a simple situation; we’d have our lawyer respond to the letter with one of his own, possibly with a threat to not only counter-sue but also take action over the well-documented original theft. The Oatmeal did that, of course, but he also posted a response online in which he vowed to raise the $20,000 from online donations – and then give the money to charity, sending the thieving site’s attorney just a picture of the piles of donated cash and a rather insulting drawing. In the event, it took just over an hour to raise the $20,000 in online donations, and the fund is still continuing to grow, reaching somewhere over $170,000 in just a few days. That should have been the end of the story, but it wasn’t…

The lawyer for the thieves was (understandably) dismayed by the outpouring of support from all corners of the Internet and the disrespect being shown by The Oatmeal (and the illustration referenced above, in particular) and decided to cause trouble by trying to get the company sponsoring the web donations to cancel the program and send back the donations on the grounds that this initiative violated The Oatmeal’s terms of service. This failed, partly because the hosting company didn’t have any problem with the charity initiative, and partly because they like The Oatmeal more than the thieves or their attorney. Unfortunately, this also drew the ire of the collective consciousness of the Internet, who began subjecting the lawyer to real cyber-vandalism and electronic harassment. A reasonable person would have issued an apology, pointed out that he’s just a hired gun doing his job, and let the whole thing blow over…

Instead, the lawyer is now suing The Oatmeal directly, claiming that the whole campaign was intended to have this effect from the beginning, and the harassment he is now suffering is a deliberate attack on the part of The Oatmeal…

Let me repeat that: the people responsible for stealing an artist’s work and trying to then extort money from him for having the temerity to complain about it are now claiming that the work of thousands of people all over the world IN REACTION TO THEIR OWN STUPIDITY, GREED, AND CRIMINAL ACTIONS are an attack on them…

As you all know, I collect stories of business-related stupidity, but I can’t recall any story that tops this one for sheer idiocy combined with bald-faced gall. I’m not even presenting this one as a cautionary tale; I can’t imagine how anyone could think this was a good idea in the first place, much less now that it has exploded on the people who were trying it. If there is any lesson to be learned here, it’s probably that letting copyright theft slide isn’t a good idea, or that assuming that no one could possibly be stupid enough to attempt a specific asinine act isn’t safe…

I’ll let you know if anyone tries to sue me for making these points…

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