Monday, October 7, 2013

Reader Mail: Iron 'Bag's Pepper Potts Threatens Legal Action

PleaseTurnHimOff2

A flurry of emails enters the DB1’s in-box:

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The “iron bag”posted on oct 2nd has a copy written photo of me in it. I never gave anyone permission to use my image on your site and I would like it removed immediately. IIf you need further proof I am happy to provide.

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This is ME ^ in the above photo, this image has a copy write and needs to be removed ASAP.

Consider this the cease and desist. I really appreciate being removed from your site.

Thanks.

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its not enough that it is a photo of ME and I never gave permission for my image to be used on this site? You clearly state in your fine print you will remove anyones personal image?

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Not sure who keeps submitting photos of MY on your site, but I would like you to stop approving them. I promote my image and have spent years building a name for myself and my work online and can not be represented in such a manner on your site. please remove all photos of me.

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I’m not sure who submits photos of MY either.

Then, after a short break:

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I have notified the photographer and he will also be in touch shortly.

If you remove it now we won’t have our attorney send a cease and desist letter which will require you to mail us a letter of compliance to prevent further action.

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The “guy” in this case happens to be an executive who works with Fortune 50 companies having fun at DragonCon and doesn’t appreciate his picture being plastered all over the internet. Do you think his name is really Kym LaRoux? He uses that to prevent people he doesn’t want seeing the pictures from finding him on FB. But, you’ve done a great job of promoting the pic! Nice job.

He’s waiting for his attorney to get out of court for the day so he can send you the letter so I suggest you remove it as soon as you are done with your travels.

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Why is “guy” in quotes? I’m so confused. However, once I realized “Kym LaRoux” was an anagram for “Clownsy McClownsalot” I was on to the ruse.

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Just to ensure you understand this is a serious matter, please be advised your actions constitute copyright infringement in violation of United States copyright laws. Under 17 U.S.C. 504, the consequences of copyright infringement include statutory damages of between $750 and $30,000 per work, at the discretion of the court, and damages of up to $150,000 per work for willful infringement. If you continue to engage in copyright infringement after receiving this message your actions will be evidence of “willful infringement.”

his (kym, the guy in the photo) attorney advised me to send that ^ to you while he was on break in court.

So if I were you I’d make sure the comments on the page are turned off immediately because any further statements expose you to legal action for copyright infringement and are considered an attempt to defame our reputation and are therefore slanderous and libel.

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As Buddha once asked the ‘Baghavad Gita, is it slander to threaten libel while a salamander drinks libations?

# posted by douchebag1
3:07 pm October, 7 Wheezer said...

She could send photos of her boobies as an even trade, right?

3:09 pm October, 7 Wheezer said...

Hey Boss? The “Kisseus Vomitorious” HoS section has a number of “10” links in it, and all appear to be for this post.

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You did get some boobie pics from her, didn’t you?

3:12 pm October, 7 bigphatnotadouche said...

Maybe she will send pix of her boobies and selfies of the holy triangle???

3:16 pm October, 7 killdoucher said...

pinhead!

3:20 pm October, 7 DoucheyWallnuts said...

So the Cunt from the Iron Man post is carrying on with a married guy who is a Fortune 50 executive (Assistant Manager of the Auto Parts department at a Wal-Mart), and their cover got blown.

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And BTW, all kinds of high-level executives flock to fucking DragonCon so they can hang out with low rent internet (with a lower case “i”) Skanks (with a capital “S”) rather than cavort with the high-end cooze they normally have to tap at real places like 5-Star restaurants and resorts.

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3:26 pm October, 7 Charles Nelson Douchely said...

Kym, the Executive. As portrayed by the host and panel on Match Game ’76.

Contestant: I’ll take “A”, Gene!

Gene: A. Here we go. Kym said “I tell people I’m a Fortune 50 Executive. I just don’t finish the sentence. I’m really an executive [BLANK]”.

*quasi porn music plays*

Gene: OK. We’re done. Patrick, here’s the question again. Kym said “I tell people I’m a Fortune 50 Executive. I just don’t finish the sentence. I’m really an executive [BLANK]”.

Patrick: I’ll say, toilet cleaner.

*applause*

Gene: Nipsey Russell, what’s your answer?

Nipsey: When Kym talks about his job

there’s stuff he won’t let on

As all he does at the company

Is clean the poop out of the John.

Gene: That’s a match! Brett…what’s this Charles?

Charles: Lousy answer award 1976!

Brett: No, No! This makes sense. I went for a play on words. The sound alike. He’s the executive executioner.

Audience: BOOOOO!

Brett: I’ll see you all in the parking lot, later!

Gene: Charles, what was your answer?

Charles: The right one, of course. Executive washroom cleaner.

Gene: There we go. Fannie Flagg, what’s your answer?

Fannie: I think we’re going to need to a ruling from the judges on this one. I said he was the executive washroom itself. Swallowing poop and all that.

*BUZZZZ*

Fannie: Well, you don’t have to be so direct with the buzzer.

Gene: Richard Dawson. What’s your answer?

Richard: I think this is a match. Judges…Janitor.

*BUZZZZ*

Gene: What?..A janitor might do more than just clean a toilet and you can’t match a specific to a general. So, no.

Audience: BOOOOOO!

Gene: I’m sorry, but that’s the judge for you! Joyce Bulifant, are you going to make this easy or hard on me?

Joyce. I think easy. Washroom cleaner!

Gene: There’s another match. You got 3 on your first answer. That’s a great score. We’ll be back with more Match Game right after this.

3:41 pm October, 7 The Dude said...

Perhaps we should stick to fawning over alpacas.

4:10 pm October, 7 The Reverend Chad Kroeger said...

His branding of himself is like BP. His butt leaks petroleum. And he is an executive ass clown.

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Asks you to take the others down and sends a pic of him looking more stupid than the last one’s. He’s the tiny guy confused about the light switch isn’t he.

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He is a homosexual human toilet and now we know who Tonetta really is. http://www.youtube.com/watch?v=lSn-svY_E4E

4:29 pm October, 7 Steve said...

“I really appreciate being removed from your site.”

I’d really appreciate people like this being removed from existence.

4:59 pm October, 7 Duck Duck Douche said...

Screw that.

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I mean the little hottie in the tight pink top above…I’d like to.

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Oh nevermind.

5:24 pm October, 7 Magnum Douche P. I. said...

It’s a good thing DB1 has Cam the left handed Jew lawyer’s number on speed dial. I’m sure he can resolve this legal dilemma as he specializes in copy “write” matters and using alias names to avoid people finding them on facebook. He also has vast experience dealing with other Fortune 50 executives like Stackhouse. Give him a jingle.

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Esquires

7:21 pm October, 7 Capt. James T. Douche said...

Can you have your lawyers send a cease and desist for douchebaggery back?

8:17 pm October, 7 Douchble Helix said...

Maybe you should remove the ‘bag’s pic?

9:10 pm October, 7 airdomin8 said...

He’s spent “years” building up his “image?” Wow. Didn’t realize you could create your own brand of ‘baggery. Can we send a cease and desist order back: Please stop being a Douche?

9:23 pm October, 7 Vin J Douchal said...

Wow. After reading that thing about the comments, I got really paranoid when a police chopper circled my neighborhood

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The I remembered I live in Fontana and this happens hourly

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Let me be the first to state the obvious: cunt.

12:31 am October, 8 Jacques Doucheteau said...

504 also states that “the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.”

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So, until the photographer can prove that they were economically damaged by their work being displayed on this site, girly girly don’t get no $150,000.

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And while we’re throwing around snippets of copyright law without conducting substative research, try Section 107 on for size: Fair Use. Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

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Did you read that? Especially “for purposes such as criticism” and “comment” not being an infringement of copyright? Well on a site that’s entire purpose is to reproduces copies of pictures of hot chicks with complete and total douchebags (criticism), with commentary (comment), one might conclude that this site is satirical and protected under the Fair Use clause.

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If only there was some precedent to support this. Oh wait…

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http://www.thesmokinggun.com/documents/crime/another-douchebag-lawsuit-dies

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So you just go ahead with your cease and desist letter there, and see how far it gets you. This is a humor site, and we’re in no way serious about our insults or social commentary to the point of being libelous or trying to maliciously damage anyone’s reputation….

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….you coke-snorting rancid donkey fucking cum-dumpster bitch.

12:35 am October, 8 Jacques Doucheteau said...

My opinion…not necessarily a statement of fact.

4:45 am October, 8 Dickie Fingers said...

PLEASE

throw that shirt away.

4:59 am October, 8 Dickie Fingers said...

Your girl seems nice. I have a dragon for her.

7:07 am October, 8 Copy Writer said...

I didn’t see ANY copy written on those pictures! WTF?

7:48 am October, 8 DarkSock said...

Iron Bag – if you DO prevail in this lawsuit might I suggest you spend DB1’s money on shin extensions?

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5′-2″ is no way to go through life.

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Son.

7:52 am October, 8 Choad the Douche Sprocket said...

COPY WRITE laws are great things. So is the PUBLIC DO MANE. But, unfortunately for this illiterate, FARE YUSE trumps them all.

,.

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.That will be $50, DB1.

8:17 am October, 8 I R A Darth Aggie said...

Deer Pepper Potts:

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Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

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Emphasis mine. Read and weep. And ask your lawyer about that…

8:46 am October, 8 wonderdouche twin said...

I don’t think standing on a box and taking selfies in the Wal-mart shitter mirror counts as an “executive” working for Fortune 50 companies.

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Wait is the exec the guy with his back turned to us? I guess either of these guys could be a manager of the Starbucks in the airport, does that count?

10:53 am October, 8 FlipFriddle said...

Took her long enough to spell “copyright” correctly.

Get some.

1:05 pm October, 8 Stephanie said...

Exactly what is “his image” that he trying so hard to work on?

2:35 pm October, 8 Wheezer said...

P L E A S E

.

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…..flip me off.

2:36 pm October, 8 Wheezer said...

P L E A S E

.

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.

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…..give me some heels.

2:37 pm October, 8 Wheezer said...

P L E A S E

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.

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…..open my water bottle.

2:38 pm October, 8 Wheezer said...

P L E A S E

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…..don’t mock my handwriting.

2:39 pm October, 8 Rev Chad Still in the office said...

Good one Jacques. Glad Dark Sock didn’t say 5′-6 &5/8ths.” Every eighth counts Son, even if you have a giant rod.

8:21 pm October, 8 Jeff said...

Two words for when his community college grad lawyer gets out of court (I wonder what he’s charged with?): fair use.

According to a book I have, “Photography and the Law”, which was written by someone who is both a lawyer and a photographer, “American courts have traditionally held the view that the publication of photographs is not a violation of anyone’s right to privacy as long as they are used in connection with an article of current news or immediate public interest.”

And quoting from section 107 of the Copyright Act: “…the fair use of a copyright work…such as criticism, comments, news, reporting, teaching…, scholarship, or research is not an infringement of copyright.”

Your use of this photo clearly meets most if not all of those permitted fair uses.

So as our Aussie friends would say, “Fair use is fair dinkum.”

7:08 am October, 9 Dickie Fingers said...

There are no dwarf porn companies in the Forbes 50.

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