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Report of Net Art Theft Draws Lawyer Threats

An anonymous reader sends in word of the well-known artist Todd Goldman, who has been accused of stealing images and ideas from an Internet comic artist/author and others, and profiting from them. Goldman has now threatened to sue the Web page that pointed out the apparent theft to the world.

211 comments

  1. Oh, that's never happened before... by Ford+Prefect · · Score: 3, Informative

    Roy Lichtenstein, anyone?

    --
    Tedious Bloggy Stuff - hooray?
    1. Re:Oh, that's never happened before... by Divebus · · Score: 3, Insightful

      Can bluster compensate for an indefensible position? Sometimes...

      --

      Most of the stuff on /. won't survive first contact with facts.
    2. Re:Oh, that's never happened before... by Carthag · · Score: 5, Insightful

      Liechtenstein never claimed to be the creator of the sources he appropriated. Goldman did.

    3. Re:Oh, that's never happened before... by MightyMartian · · Score: 2, Insightful

      Can bluster compensate for an indefensible position? Sometimes...
      Bluster and money sure can.
      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    4. Re:Oh, that's never happened before... by neverland0 · · Score: 1

      he never intended to pass that art as his own,and Todd did, also todd hasnt added anything valuable to design, and roy lichtenstein did interesting stuff bringing comics and the dots. Personally, I hope Todd Goldman art thief rots in hell.

    5. Re:Oh, that's never happened before... by Anonymous Coward · · Score: 1, Interesting

      There's a huge difference. Lichtenstein wore his sources on his sleeve and make no secret he was appropriating the images, and his final product actually used these images in a very different way than they were originally presented. For what it's worth comic book artists at the time were basically anonymous and their work was considered among the lowest of the low as far as artistic value goes, his paintings were also about making "high art" from "low". I won't defend the merits of this, as it was a product of its time, but there is a difference-- Lichtenstein took images and make something new, Goldman blatantly stole someone else's work and put his name on it. Not once but again and again.

      I will concede though, that "fine art", as in hanging on museum and gallery walls, gets much more of a "pass" as far as blatant theft of intellectual property goes. Possibly because it's supposed to be cultural commentary, or the pieces aren't supposed to be a commodity (though of course a painting is), partly just because it's "Art" with a capital A. Publication and mass reproduction changes everything (and changes the "artist" to a "graphic designer" as well.) If Goldman would have kept the images in galleries rather than selling t-shirts and such this would most likely not be an issue.

      Note that I'm not defending the above statement as "correct", just speaking as someone who's been in the midst of the "art world" for quite some time. Also Lichtenstein may well have been sued in 2007, I wouldn't be surprised, but he would likely win such a case where Goldman will most likely and deservedly lose.

    6. Re:Oh, that's never happened before... by Travelsonic · · Score: 1

      as far as blatant theft of intellectual property goes

      As it goes.... considerinng as a legal crime that does not exist and is nothing more than a factual and logical contradiction created and used as a tagline by the MPAA and RIAA... unless you can prove it to me (that it does), I feel that if this term, and the other rediculous ways to say he is a copyright infringere and fraud are not relieved, this guy, though having a good reason to be PO'd, will, and should fall on his ass if he can't get what he's fighting right to begin with.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    7. Re:Oh, that's never happened before... by alshithead · · Score: 1

      "As it goes.... considerinng as a legal crime that does not exist and is nothing more than a factual and logical contradiction created and used as a tagline by the MPAA and RIAA... unless you can prove it to me (that it does), I feel that if this term, and the other rediculous ways to say he is a copyright infringere and fraud are not relieved, this guy, though having a good reason to be PO'd, will, and should fall on his ass if he can't get what he's fighting right to begin with."

      Mod me troll but...Dude! Can you put together a fucking coherent thought? What are you trying to say? I'm guessing that it's the "copyright is not a criminal act but a tort" issue but I really can't tell. And, spell ridiculous correctly please...moron.

      --
      I reserve the right to think for myself. Others' opinions are optional. Puppy on lap = typos...not illiteracy.
    8. Re:Oh, that's never happened before... by Anonymous Coward · · Score: 0

      Lichtenstein wasn't doing the same thing really. I don't believe he ever claimed his blown up cells were his original art.

      It was the blowing up of the cells that WAS the art.

      It might seem to be a small distinction, but he did creat something different.

      Tracing a painting and signing your name to it is NOT the same thing.

    9. Re:Oh, that's never happened before... by canUbeleiveIT · · Score: 1

      Not to pile on (well, maybe a little), but that is the run-on sentence from Hell. My high-school English teacher would have kicked his/her ass for that.

    10. Re:Oh, that's never happened before... by MonkeySpank · · Score: 1

      Can bluster compensate for an indefensible position?
      Not for very long.

      Chuckle.

    11. Re:Oh, that's never happened before... by orgelspieler · · Score: 1
      I completely disagree. What Lichtenstein did was as illegal as this case, unless there's some agreements I don't know about. He made derivative works, or "creat [sic] something different." But he did so without the permission of the copyright holder, claiming that it was OK because they were "parodies." He said his goal was to make such despicable art that no one would buy it, and that was the irony that justified his "parody." It's an incredulous claim seeing that he quit his day job knowing that he could make enough money off his "art." I have seen no evidence in contemporary or current articles that he paid any royalties to the likes of DC Comics. The fact that he never claimed it was "original" is irrelevant; citing sources does not make copyright infringement legal.

      We could just as easily argue that Todd traced the lines of the original, and it was the tracing that WAS the art. So this is just a parody, and no royalty payments are due. Trying to make a distinction that Roy Lichtenstein's derived work was somehow legally distinct from Todd's because the methods of copying were different is absurd. In at least one interview, Lichtenstein referred to his technique as "tracing" and "duplicating." So why exactly is it "NOT the same thing"?

      And let's look at the financial aspect for a minute. How much does Todd make off of these? 5-10 bucks apiece? How much did Roy make? I don't actually know, but it was enough to live off of. Presumably his estate still makes some money off of his "art," too. At least Todd is trying to make some repayment. Roy never even so much as took Russ Heath out for cocktails, according to one article.

      This whole thing reminds me of a post I read on Slashdot a long time ago. Why don't we just make 1's compliment "parodies" of the music the RIAA puts out? It would sound the same on a CD player, but it's a parody, right? Therefore it's not copyright infringement.

    12. Re:Oh, that's never happened before... by Travelsonic · · Score: 1

      That is one of my bigger.... problems... with expressing myself. My clarity is not as sharp as it should be.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
  2. Art Thieves by GearheadX · · Score: 4, Insightful

    Considering the most common example I've seen, Todd's gonna have a very hard time covering his butt in a court.

    1. Re:Art Thieves by Sorthum · · Score: 4, Insightful

      Same text, same perspective, same details, slightly crappier?

      Yeah, good luck suing your way out of this one, dude...

  3. ducks by Anonymous Coward · · Score: 0, Funny

    #include <stdio.h>
    int main(int c,char**v) {
                    char *s="B+p:ubYBGG0,|M3B=1*0N\n"
                                    "it's touring complete\n",*k[]={s+21,--s};
                    return c?({while(main(!k,k))putchar(**k^*k[1]-10);0;}):(v [1]++,*++*v);
    }

    1. Re:ducks by jshriverWVU · · Score: 1

      lol I've read that 3 times now, still dont understand how it works. Ever tried the International Obfuscated C Code Contest :)

    2. Re:ducks by Anonymous Coward · · Score: 0

      Neither do I, I plagarised it from someone else!

    3. Re:ducks by ettlz · · Score: 4, Funny

      What's funny is that someone who goes to all that trouble just to print "QUACK, MOTHER FUCKER!" to stdout cannot spell "Turing" correctly.

    4. Re:ducks by Anonymous Coward · · Score: 0

      PROTIP: Changing the spelling changes the output.

      You psuedogeeks at slashdot have no idea do you

    5. Re:ducks by ettlz · · Score: 1

      PROTIP: Changing the spelling changes the output.
      So change the first line of s.
    6. Re:ducks by YakDaGringo · · Score: 4, Informative

      Overview: The first half of s is the second half of s, XOR'd with the target output string (plus 10, since the result is not in the set of printable characters). Using two pointers, the program iterates over both halves of the string, undoing this operation to produce the target output string. When main() is called and c is zero, it increments the two character pointers in v (changing them in the calling function, which happens to be main()).

      In short, main() is used both as the function to increment both pointers and also as the function to output the result; the operation main() performs in a given call is controlled by c.

      Detail: When it runs the first time, c (read: argc) is greater than or equal to 1. So s gets initialized, and k (note, an array of ptr to char, like v (read: argv)) receives two pointers, each one character before the beginning of each "half" of the XOR'd string. c is non-zero, so we enter the first expression (a while loop).

      A recursive call to main() is made immediately, providing !k (read: 0) as the first actual (i.e. c in the next call), and k as the second (i.e. v in the next call). In the recursive call, both pointers in v (read: k in the caller) are incremented (since c is zero) and s and k are ignored. The return value (i.e. the value evaluated by the while loop in the caller) is equal to *++*v, or the character in the second half of s. The return value will eventually be NULL when it reaches the end of the string. The caller then outputs whatever is pointed to by k[0] and k[1] (this is why we begin one character *before* the strings we're interested in).

      In short, main(c,v) has two behaviors:

      For all c: Given a target string y, initialize s = x1x2, such that, for all xi in x1 and all xj in x2, xi = xj xor yi + 10.
      For all c: Initialize k such that k[0] is &x1-1, k[1] is &x2-1.

      c == 0: increment v[0] and v[1]
      c == 1: call self recursively, with c == 0, v == k, outputting the character pointed to by k[0] and k[1] until k[0] is NULL; then return 0.

    7. Re:ducks by frostband · · Score: 2, Funny

      What's funny is that someone who goes to all that trouble just to print "QUACK, MOTHER FUCKER!" to stdout cannot spell "Turing" correctly.

      TODD

    8. Re:ducks by jshriverWVU · · Score: 1

      Next time I get mod points I'm definitely giving you some :)

  4. Good Idea! by Anonymous Coward · · Score: 0

    If you are going to be a thieving creep, you might as well harass people with your lawyers as well!

  5. It's not libel... by j0nb0y · · Score: 5, Insightful

    It's not libel if it's true.

    IANAL.

    --
    If you had super powers, would you use them for good, or for awesome?
    1. Re:It's not libel... by Erioll · · Score: 1

      It's not libel if it's true.

      IANAL. I thought it was? Or rather, I thought that as long as your lawyer was good enough, anything you didn't like that another said was slander(if spoken) or libel(if printed)?
    2. Re:It's not libel... by umStefa · · Score: 5, Insightful

      The purpose of this lawsuit may not be to actually recieve damages, it is probably simply to try and shut-up the source of the negative publicity.

      You do not need to win a court case for it to be advantage to you. If your goal is to stop a source of negative publicity, a lawsuit may casue the other party to simply shut-up instead of incurring large legal bills on a matter of principal. Of course, if the other party calls you on it and is willing to fight in court you end up getting MORE negative publicity.

      --
      Technology is most abused by the very people it was created to help
    3. Re:It's not libel... by Anonymous Coward · · Score: 0, Funny

      IANAL.


      UANAL? IANAL 2!!! LET'S ANAL 2GETHER!
    4. Re:It's not libel... by j0nb0y · · Score: 4, Insightful

      I would agree with you, except that this instance of plagiarism is fairly well known at this point.

      A quick google search for his name brings up many pages repeating these allegations, and many of them back it up with image comparisons that are very damning.

      This man's reputation as an artist is already ruined.

      This legal threat is a desperate and foolish measure. The goal is to get rid of the allegations, but instead, the allegations will only be further spread.

      And worse, if the threat is followed through to a lawsuit, the website's author will have a chance to prove the allegations in court. A quick look at the evidence reveals that this would likely be a slam dunk for the defense.

      IANAL

      --
      If you had super powers, would you use them for good, or for awesome?
    5. Re:It's not libel... by king-manic · · Score: 2, Insightful

      Only in non-US locales. In the US truth is enough to defend yourself. That is why there is so much negative campaigning. The truth can be paraded around even if it's unrelated and humiliating (facts like "I really like naruto, a targetted kids show" or "I enjoyed kinky sex").

      --
      "There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy."
    6. Re:It's not libel... by fm6 · · Score: 2

      Yeah, yeah. We all know that. The problem is, when somebody's suing you, you can't just say, "Oh, that's obviously wrong!" and ignore the situation. You've got to hire your own lawyer to straighten things out. If it's a weak case, a good lawyer can probably make it go away after spending a few thousand bucks of your money. If it's at all difficult to prove that "It's not libel because it's true" then you could easily spend more on legal fees than you'd spend making a settlement.

      Folks who have been around Slashdot for a while already know this.

      Stupid? Of course. But that's the way the system works. It's not a question of what justice says you deserve. It's a question of how much justice you can afford.

    7. Re:It's not libel... by Anonymous Coward · · Score: 0

      Thanks for your support ;-) UANAL 2?

    8. Re:It's not libel... by wellingj · · Score: 1

      I be there are even some people who enjoy Naruto and kinky sex at the same time....

    9. Re:It's not libel... by Anonymous Coward · · Score: 0
      whoever marked this TROLL needs to go buy a fucking sense of humor.

      You must be new here. *rimshot*

    10. Re:It's not libel... by Professor+Fate · · Score: 1

      I hadn't heard of this before. I have now.

      --
      Push the button, Max!
    11. Re:It's not libel... by chrish · · Score: 2, Funny

      They're over on 4chan.

      --
      - chrish
    12. Re:It's not libel... by Anonymous Coward · · Score: 0

      The purpose of this lawsuit . . .

      What lawsuit?

    13. Re:It's not libel... by Anonymous Coward · · Score: 0

      No, his reputation is ruined for type of people who resarch thoroughly into the background of the artist who designs their clothing, or those who happened to read it on Slahdot or BoingBoing.

      How many of the sorts of people who buy this stuff do you think will do that?

  6. That's nice. by iminplaya · · Score: 0, Offtopic

    Now, can someone tell me what's in the article? My internet connection seems kinda slow.

    --
    What?
    1. Re:That's nice. by Anonymous Coward · · Score: 0

      It's not your connection, it's been slashdotted already.

    2. Re:That's nice. by iminplaya · · Score: 1

      No problem. I won't use that joke anymore. It didn't seem to go over too well anyway.

      --
      What?
  7. Wrong way to go there, Goldman by Der+Huhn+Teufel · · Score: 1

    I'd be much more worried about what the legions of goons are going to do to him outside of court.

    1. Re:Wrong way to go there, Goldman by Tackhead · · Score: 1
      > I'd be much more worried about what the legions of goons are going to do to him outside of court.

      It'll be like Second Life Safari meets SWAP.AVI.

      /one ticket to aitch-ee-double-hockey-stick-place, please.

    2. Re:Wrong way to go there, Goldman by Detaer · · Score: 1

      I am going to have to agree with you. An angered swarm of goons is not a bees nest I would want to stir up. I have seen how far goons are willing to go to protect what is theirs. Goldman should talk to ebaum if he wants to get an understanding of what it is like.

    3. Re:Wrong way to go there, Goldman by Anonymous Coward · · Score: 1, Funny

      They are going to take so many pictures of his house and post them on the internet!

    4. Re:Wrong way to go there, Goldman by ackthpt · · Score: 1

      I'd be much more worried about what the legions of goons are going to do to him outside of court.

      Who is a goon?

      too lampoon is human, to forgive divine - from Bat Boy, in a 50's MAD

      --

      A feeling of having made the same mistake before: Deja Foobar
    5. Re:Wrong way to go there, Goldman by Anonymous Coward · · Score: 0

      posting in a lowtax thread

  8. Warhol he aint by L.+VeGas · · Score: 4, Interesting

    It's an interesting case.

    Tod Goldman is, without a doubt, a total jackass, but what he does is extremely common. Fine art has generally gotten a pass when it comes to copying from various sources. It's not as widely known, but it's also very common for comics to copy panels from other comics. It's considered kind of a jerky, lazy thing to do, but it happens all the time.

    Godman is recontextualizing the images, and that, in and of itself, can make new and unique works, but instead of honoring the source (or at least owning up to the fact that he copies), he avoids the issue and sends threatening letters.

    He's painted himself into a corner. Instead of taking the high road, he has instead presented himself as a no-talent imitator.

    1. Re:Warhol he aint by jddj · · Score: 0, Offtopic

      Instead of taking the high road, he has instead presented himself as a no-talent imitator.

      Let's see, like um...virtually every rap and hip hop artist out there?

    2. Re:Warhol he aint by Mike1024 · · Score: 1

      Godman is recontextualizing the images, and that, in and of itself, can make new and unique works,

      Does Goldman do bumper stickers? Because if not, I might have to do a little "recontextualising" of my own.

      If copying someone else's t-shirt and selling it as your own is acceptable, what's to stop me copying Goldman's designs and selling them as my own?

      Michael

      --
      "Goodness me, how unlike the FBI to abuse the trust of the American public." -- The Onion
    3. Re:Warhol he aint by Goobermunch · · Score: 2, Informative

      Perhaps the fact that, ironically, copyright law protects derivative as well as original works. Thus, while he may be on the hook for infringing on others' works, you'd still be liable for infringing on his works. --AC

    4. Re:Warhol he aint by L.+VeGas · · Score: 3, Insightful

      See, that's exactly what makes this interesting. If Goldman had only created a single work, instead of mass-producing t-shirts, people might say, "Hey, that's copied from this other place!" and let it go. Now suppose it was hanging in a museum, and the gift shop sold t-shirts or post cards of the copied work. Now, it's copyright infringement.

      Goldman tries to pass his violations off as "fine art", when it's pretty clear he's actually about the merchandising, and that crosses the line.

    5. Re:Warhol he aint by fatphil · · Score: 1

      "fine art"

      He'll soon find out how true that description is.

      --
      Also FatPhil on SoylentNews, id 863
    6. Re:Warhol he aint by VGPowerlord · · Score: 2, Informative

      While copyright law does indeed protect derivitive works as well as original works, if the derivitive work itself is illegal than you have no stand upon which to claim copyright over it.

      In other words, the original person could sue you, but Goldman suing you would be illegal, as it is not afforded copyright protection due to it itself being an illegal copy.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    7. Re:Warhol he aint by Grimbleton · · Score: 1

      "fringe blogs"?

      It's true. The internet DOES make you stupid.

    8. Re:Warhol he aint by woboyle · · Score: 1

      I wonder what would have happened if Campbell Soup sued Warhol for copyright infringement.

      --
      Sometimes, real fast is almost as good as real-time.
    9. Re:Warhol he aint by bsmoor01 · · Score: 1

      We wouldn't have had to put up with his 'art'? Wow, that would have been awesome.

    10. Re:Warhol he aint by mgabrys_sf · · Score: 1

      Quite true - in fact it goes into promotional material as well. At the last Warhol exhibition at SFSOMA, all of the posters promoting the collection had copy which stated the province of the trademark and the permissions. I'm working on some re-contextualizing pieces myself (bigass project, 3 years in the making - I don't want to digress for 10 pages) - but I'm in NO FUCKING WAY claiming authorship of the images - in FACT - I'll be exhibiting the ACTUAL SOURCES at the same time to make DAMN SURE there's no confusion.

  9. Digg it, too by Anonymous Coward · · Score: 0

    Digg it (and reddit it and all that other junk) to get people aware of this travesty!

  10. Um... by jshriverWVU · · Score: 1

    What are the grounds of the suite? If it's untrue then I can understand slander, but this is obvious theft.

    1. Re:Um... by MightyMartian · · Score: 1

      I'm sure if it ever made it to court, the case would be thrown out. The point of this is to frighten the sites that point this out into submission. There's no way in hell that he actually wants this to go to court.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
  11. penny arcade by MyDixieWrecked · · Score: 5, Informative
    Gabe at penny-arcade mentioned this earlier today. Apparently, Mr Goldman called Dave Kelly a "pedophile" in the same forum that he's trying to sue for slander.

    The text of Gabe's post:

    You might remember Tycho mentioning Todd Goldman and a story about him stealing some artwork from a web cartoonist. We covered it in a comic and a post and our point of view was essentially “yeah it sucks but you can’t sue the guy for being a douche bag.” I would have left it at that except, well the latest development in the whole ordeal is actually super funny. It’s important to point out that Todd’s initial response to the article about his thievery was to call Dave Kelly a Pedophile. I’m not joking here he actually said “Here’s my inspiration! Every month I paint the works of a pedophile.” The letter goes on and it’s obvious that he’s just being a smart ass and blowing the whole thing off. Honestly I chuckled at the letter when I read it because (being a professional asshole myself) I thought it was a funny way to respond to the accusations. However, if you call someone a pedophile in a public forum you can’t turn around a few weeks later and threaten to sue that same forum for slander.


    Todd’s lawyers sent Fleen a mail last week that threatened legal action if they didn’t pull down all the stuff about Todd. The letter actually said “We have acquired articles posted on your website which contain defaming, derogatory and malicious statements about Mr. Goldman.” Yeah no shit, the guy isa thief what the hell do you expect.


    This sort of legal bulldogging is especially lame after Todd’s initial reaction to the story. If you want to play the arrogant asshole and call people pedophiles I respect that. I really do. I’ve been overcompensating for my low self esteem by calling people names for twenty years. I know how it works and the only rule is if you can’t take it, don’t fucking dish it out.

    --



    ...spike
    Ewwwwww, coconut...
    1. Re:penny arcade by Richard+McBeef · · Score: 5, Informative
    2. Re:penny arcade by frostband · · Score: 1

      Goldman's lawyers wrote: [quote]We have acquired articles posted on your website which contain...[/quote] You acquired the articles, but did you read them? And you're still representing him?

    3. Re:penny arcade by Some_Llama · · Score: 1

      Check out today's post, primarily this pic series of more Jeff rip offs:
      http://www.penny-arcade.com/thdg.jpg

      full page
      http://www.penny-arcade.com/2007/04/25

  12. if i just could... by cosmocain · · Score: 2, Funny

    ...develop browser-extensions:

    i guess an automated website-sue-tool would be handy at these times and i could even make some bucks of it. just enter the URL and the sue-o-mat[tm] will look up the entries at the appropriate NIC, fill out all required forms and send the completely autogenerated charge to your local court. man, that would save time for a lot of folks.

    1. Re:if i just could... by tomhath · · Score: 2

      I own the rights to the name "sue-o-mat". It will be contacting you, and your little pedophile dog too.

    2. Re:if i just could... by Anonymous Coward · · Score: 0

      Yeah, I just patented that thanks...

      I mean.... It was MY IDEA!

      Just let me put a big ass TODD on it and it and nobody can claim it was not mine!!

  13. ok, that explains it... by hurfy · · Score: 4, Interesting

    "was inspired from a drawing he received unbeknownst to him belonging to..."

    So he didn't know he recieved and looked at the drawing and then duplicated it nearly line for line...he's obviously got better drugs than we do :O

    -or-

    He didn't know who it belonged to....so he assumed he did it and put his name on it :O

    oh wait...that doesn't explain a darn thing ;p
    and i love the 'inspired from'

    1. Re:ok, that explains it... by MoxFulder · · Score: 2

      Actually, according to the article, Todd Goldman has a bunch of underlings who come up with ideas and sketches and bring them to him, where he tweaks them a bit to produce a finished product.

      Pretty pathetic as far as creative art goes, but it does provide some plausible excuse for the blatant copying of the "Dear God..." drawing. Basically, he blames the underling for stealing the bunny drawing. In any case, it suggests that Todd Goldman gets the credit although his underlings do most of the work, evidently.

      It looks like he plagiarized a TON of other stuff, though, and I think he's being a total jackass about the whole thing.

    2. Re:ok, that explains it... by spun · · Score: 4, Interesting

      You forgot the part about him calling the artist he stole from a pedophile in the very same forum he's now suing said artist for slander!

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    3. Re:ok, that explains it... by radtea · · Score: 5, Funny

      So he didn't know he recieved and looked at the drawing and then duplicated it nearly line for line...he's obviously got better drugs than we do

      Well, if the U.S. Attorney General can assure us that nothing he can't recall had anything untoward about it, I see no reason why Todd Goldman can't assure us that he innocently copied drawings he didn't know he'd seen.

      --
      Blasphemy is a human right. Blasphemophobia kills.
    4. Re:ok, that explains it... by nizo · · Score: 3, Funny

      All the artists should just do what I do and post art that is so crappy no one in their right mind would copy it.

    5. Re:ok, that explains it... by taustin · · Score: 1

      "My intention was not to copy Mr. Kelly."

      Then who was it your intention to copy?

    6. Re:ok, that explains it... by Achromatic1978 · · Score: 1

      And in a dazzling display of irony, you just plagiarized Jon Stewart's Tonight Show from last night, word for word.

    7. Re:ok, that explains it... by Anonymous Coward · · Score: 0

      SLANDER IS SPOKEN - LIBEL IS WRITTEN.

      And has anyone sued Goldman over the email yet? Smorky has been silent on this for a long long time, not one word on it... curious, since libel defense is quite the topic on his site.

      Also, doesn't Dave Kelly's good friend run Something Awful, and stand to profit quite nicely from all this?

    8. Re:ok, that explains it... by mrchaotica · · Score: 1

      All the artists should just do what I do and post art that is so crappy no one in their right mind would copy it.

      [Life Lesson #427: Not everyone on the Internet is in their right mind.]

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    9. Re:ok, that explains it... by frostband · · Score: 1

      All the artists should just do what I do and post art that is so crappy no one in their right mind would copy it. And steal others'.

      TODD

    10. Re:ok, that explains it... by Anonymous Coward · · Score: 0

      Jon Stewart does the Tonight Show now too? Take that, Mr. freak-chinned Leno McSuckypants! Jon Stewart does Daily Show and Tonight Show in one day!!!

    11. Re:ok, that explains it... by radtea · · Score: 1

      And in a dazzling display of irony, you just plagiarized Jon Stewart's Tonight Show from last night, word for word.

      False. I just watched the clip again (which I did see on TV, and which did inspire my thought) and what Jon Stewart says is: "Alberto Gonzales doesn't know what happened, but he assures you what he doesn't remember was handled properly."

      I was obviously echoing this, but in my own words: "the U.S. Attorney General can assure us that nothing he can't recall had anything untoward about it."

      Same thought? Yes. Similar wording? Yes. Plagiarism? No. Word for word? Don't make me laugh. There are only so many ways of expressing the same thought, and I'm comfortable with the distance between my words and Stewart's.

      Plagiarism, by the way, is a fairly serious accusation. You should probably have bothered to check before making false claims.

      --
      Blasphemy is a human right. Blasphemophobia kills.
    12. Re:ok, that explains it... by Achromatic1978 · · Score: 1
      One of the first things I was taught at school is that "rewording another's statement is insufficient to allow you to escape accusations thereof". By your own words you heard his statement and you echoed it. Rewriting it in your head, consciously or unconsciously, doesn't make something original.

      That being said, the accusation was not being made in a malicious manner - I for one am extremely guilty of excessive quoting and paraphrasing of such things - so please, do not take offense. :)

    13. Re:ok, that explains it... by Kris_J · · Score: 1

      You should sue Achromatic1978 for libel.

    14. Re:ok, that explains it... by giarcgood · · Score: 1

      All the artists should just do what I do and post art that is so crappy no one in their right mind would copy it. And steal others'.
      TODD


      Damn, just wasted 4 mod point too. Very funny, thank you.

  14. recontextualizing == duplication? by FatSean · · Score: 3, Insightful

    Please explain how the praying bunny example exhibits recontextualizing!

    --
    Blar.
    1. Re:recontextualizing == duplication? by ePhil_One · · Score: 5, Funny
      1) It was a squirel
      2) He clearly removed the "bow" on the praying squirel's head, making it a boy squirel.
      3) He added his name, TODD, in big letters
      4) His is in color

      Be sure to check out TODD's next series of books, Where's Wanda? where you will be challenged to pick out the girl in a white and blue striped shirt from a crowd of people. An idea he came up with entirely on his own, because he doesn't have time for books.

      --
      You are in a maze of twisted little posts, all alike.
  15. Not exactly a fair fight by Anonymous Coward · · Score: 0

    One the one hand you've got Todd Goldman, a successful businessman and well-known "artist" who got his start by borrowing a quarter of a million dollars from his dad.

    On the other, you've got a diaper fetishist furry who probably lives with his parents, and who calls himself "shmorky".

    I'm thinking they'll settle this one out of court.

  16. There's just no justice for the talented by mandelbr0t · · Score: 2, Insightful

    So many people in the big leagues steal ideas.

    That's why I support GPL to the death.

    As an artist who has been completely ripped off, I'm glad to see someone with the opportunity to expose the fraud. There's absolutely nothing to fear from Mr. Goldman if their citing of the 2001 web comic is correct. In fact, I'd hire a particularly expensive lawyer just to make sure the legal fees being sent to Mr. Goldman's office are as high as they can possibly be. I don't think there's a more dispicable trait in this world than to claim someone else's work as your own. You simultaneously prevent the real creator from benefiting himself through his work while creating a false image of your brilliance.

    --
    "Please describe the scientific nature of the 'whammy'" - Agent Scully
    1. Re:There's just no justice for the talented by wurp · · Score: 0

      I don't think there's a more dispicable trait in this world than to claim someone else's work as your own. Dude, I'm not a fan of plagiarism, but let's get a sense of scale. People have perched others to slowly die clutching a greased pole with spears sticking up their ass, locked them live into iron pots with fires underneath, and raped children so they could sell the video.

      There are MANY more despicable traits in the world. The world's a big place, and some people are pretty damned despicable.
    2. Re:There's just no justice for the talented by Aehgts · · Score: 1

      I'd hire a particularly expensive lawyer just to make sure the legal fees
      being sent to Mr. Goldman's office are as high as they can possibly be

      While IANAL nor an American, AFIK here in Australia this kind of tactic can backfire.
      When awarded legal fees in this kind of dipute here it goes through an examination and the final
      sum awarded is 'reasonable costs'. Any excess is your problem. If you deliberately hire a lawyer/firm
      which is grossly overqualified for the case it will be taken into consideration.
      --
      "If we knew what it was we were doing, it would not be called research, would it?" - Albert Einstein
    3. Re:There's just no justice for the talented by TheoMurpse · · Score: 1

      I'd hire a particularly expensive lawyer just to make sure the legal fees being sent to Mr. Goldman's office are as high as they can possibly be.
      Except that we don't have a loser-pays system for attorney fees in the United States in libel cases. However, if you later sued him for copyright infringement, then you'd have a chance of getting back attorney fees.
  17. My response to that kind of threat.... by www.sorehands.com · · Score: 1
    My response to that kind of threat....

    Bring it on!
    Bullies tend to back down when confronted. Take a look at happens when David Linhardt realizes that Mark Ferguson was going to fight back. http://www.spamsuite.com/node/82

    1. Re:My response to that kind of threat.... by Anonymous Coward · · Score: 0

      Bullies will back down, but insane nutjobs get a gun and kill you. Always make sure you know which is which.

  18. it's not theft.. it's plagiarism by plasmacutter · · Score: 1

    theft of an idea would be very strange, as both perpetration and proof would require telepathy:

    "i had this idea in my head and now its gone, OMG that idea in your head.. i recognize it.. give it back you booger!"

    taking one person's literary/artistic idea is called plagiarism.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  19. Consistency, please. by Anonymous Coward · · Score: 0

    No theft occurred, so it should not be referred to as stealing. You can't steal an idea, and you certainly can't steal images (at least not in the manner we are talking about here). If you guys are going to be so anal about this when it comes to music/movies/software, at least try to be consistent.

    1. Re:Consistency, please. by Gregb05 · · Score: 1, Insightful

      With music/movies/software, we tend to support the college kids, families, and whomever is in the defense of the *AA lawsuits due to the fact that it appears about 90% of the time the "mafiaa" sue without enough incriminating evidence to actually win a lawsuit. Furthermore, it's highly doubtful that the music pirates would have actually bought the copyrighted material in the first place, and, as individuals, generally aren't distributing the music past 2-3 people.

      This guy is blatantly copying and selling (for a profit) the artwork of others. I think I speak for most of the /. readers when I say that if this guy had printed out the other artists' work from the website and hung it on his wall, it'd be the same scale of copyright violation as the *AA sue people for.

      Or, more concisely; mass reproduction, claiming ownership and selling for a profit != reproduction (solely) for home use.

      --
      --
    2. Re:Consistency, please. by Anonymous Coward · · Score: 0

      Maybe that's all true, but it's irrelevant. Nothing has been stolen, so technically it is not theft. All I'm saying is that we should be consistent and call a spade a spade (or a non-spade a non-spade).

    3. Re:Consistency, please. by bky1701 · · Score: 1

      ...Just because you don't like it doesn't make it something else. It's still the same law being broken as when you download some movie or song. Not to say that this is right or the others wrong, there is a difference, but it's still not "stealing". Only way someone can steal an image is if they sneak up to you and grab your drawing. And no, depriving you of possible profits is not theft, ether; theres a whole lot of things it maybe, though.

      Please, don't argue with double standards. It makes us all look bad.

    4. Re:Consistency, please. by Ohreally_factor · · Score: 1

      The major difference, in my mind, is this: When you make an unauthorized copy of a Britney Spears song (I know you're a big Britney fan. I can just tell these things), you are not claiming the work as your own, and then turning around and profiting from your plagiarism.

      That's the key issue here: plagiarism. Goldman is claiming that the works are his creations.

      --
      It's not offtopic, dumbass. It's orthogonal.
    5. Re:Consistency, please. by Opportunist · · Score: 1

      There are quite a few differencies between this case and the mafiaa vs. $JoeNobody suits.

      The most obvious and blatant one, I guess nobody infringing copyright who was sued by the mafiaa ever claimed copyright over their material. Here it's different. He claims the allegedly "stolen" content as his own intellectual property. I kinda doubt any of the kids dragged to court by the mafiaa ever claimed to be one of their hypestars and that the latest smash hit album was actually theirs.

      Should the accusations be true, this is more than just selling someone else's art. It's worse than just ripping a CD and selling that for profit. What he allegedly did was to take someone else's art and claim it as his own. What makes this worse is, that, if this would stand, he could actually sue the original artist for copyright infringement.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  20. Goldman has money by ackthpt · · Score: 2, Insightful

    All that money he's made selling shirts and paintings and stuff, where his assistants brought designs to him and he didn't bother to ask where they got them, well, he's gonna have no problem affording lawyers because he's rich.

    It's the poor saps he's stolen from who are going to take the beatings. Such is the way of things.

    By the way, the 2nd amendment also favours the rich, they can afford to arm themselves better than the poor.

    There seems to be a pattern here.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Goldman has money by Anonymous Coward · · Score: 0

      There seems to be a pattern here ... that the rich are better off than the poor. Wow, what a realization.

    2. Re:Goldman has money by Anonymous Coward · · Score: 0
      ...he's gonna have no problem affording lawyers because he's rich. ... It's the poor saps he's stolen from who are going to take the beatings. Such is the way of things...

      Read much? http://yro.slashdot.org/article.pl?sid=07/02/07/23 25204 ("RIAA Victim Wins Attorney's Fees")

    3. Re:Goldman has money by Anonymous Coward · · Score: 0

      There seems to be a pattern here.

      Ric Romero, is that you?

    4. Re:Goldman has money by alshithead · · Score: 2, Insightful

      "All that money he's made selling shirts and paintings and stuff, where his assistants brought designs to him and he didn't bother to ask where they got them, well, he's gonna have no problem affording lawyers because he's rich.

      It's the poor saps he's stolen from who are going to take the beatings. Such is the way of things."

      SCO can afford really good lawyers too. It isn't doing them any good. The cases I saw (yes, I RTFA) are without a doubt infringement for the ones that are copyrighted. He's going to take a beating on this especially with there being so many diverse sources of original (probably mostly) copyrighted images. Any moron judge or jury who can view the whole spectrum of his images compared to the "originals" will see a wholesale scheme of copying others' images and ideas. Doom and gloom. If I was his lawyer I'd tell him to settle. Of course I'm not a lawyer, I have ethics and scruples...his lawyers will just fight and bill him for every cent they can get while they fight (many) losing battles.

      --
      I reserve the right to think for myself. Others' opinions are optional. Puppy on lap = typos...not illiteracy.
    5. Re:Goldman has money by Ohreally_factor · · Score: 1

      It looks like Goldman has stolen so much from so many people that they could form a class action suit against him.

      Oh, and while I'm at it, a note for both the copyright goon squad and the information must be free "unauthorized copiers":

      There is a difference between copying a file and claiming someone else's creative work as your own (and profiting handsomely by it).

      --
      It's not offtopic, dumbass. It's orthogonal.
    6. Re:Goldman has money by Chris+Mattern · · Score: 3, Insightful

      SCO can afford really good lawyers too. It isn't doing them any good.


      That's because SCO made the stupid mistake of picking on somebody who can afford even *better* lawyers...

      Chris Mattern
    7. Re:Goldman has money by PhoenixOne · · Score: 1

      I'll be interested to see if, in the end, anybody makes any real money but the lawyers.

      --
      Spell cheek you've failed me four the last thyme!
    8. Re:Goldman has money by drinkypoo · · Score: 1

      By the way, the 2nd amendment also favours the rich, they can afford to arm themselves better than the poor.

      A $99 surplus russian rifle from Big 5, plus a $50 10x tasco scope, will let you kill something at a good distance - and a bullet from a cheap gun will kill you just as dead as a bullet from an expensive one.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    9. Re:Goldman has money by Deagol · · Score: 1

      and a bullet from a cheap gun will kill you just as dead as a bullet from an expensive one.

      Indeed. To paraphrase something I read in a magazine (or was that a usenet posting?): "The lowly .22 has probably killed more people than all other rounds combined."

      At reasonable range, the .22 can certainly kill a person. I've dispatched a couple of pigs with my kids' "Davey Cricket" rifle. Single shot to the head, and down they go. And a pig's skull is really, really sturdy.

      $200 Will buy you the sturdiest .22LR semi-auto on the planet (the Ruger 10/22) from Wal Mart. For an extra $10 you can grab a brick of 500 rounds while you're waiting for your background check to clear.

      Or, at the same store, you can get a youth model 12-guage shotgun for maybe $100 and 100 shells for maybe $15.

      You can often get better deals on the 2nd-hand market, without those pesky background checks. Check your local paper or free classifieds paper. The Christmas season and tax season seem to be high-volume times when people are liquidating firearms for cash, to either finance new toys or pay The Man for another year.

      In summary, there's no reason anyone with a regular income should not be able to invest in the safety of their home or person.

  21. Hold your horses for a moment! by KitsuneSoftware · · Score: 1, Redundant

    Um, how many people here are saying Todd Goldman is bad based soley on the content of the linked article he's suing over? I don't know if anything in that article is true or not. If it's not true, Goldman has every right to sue. Of course, if the article is true, then everyone else has a right to sue him instead :)

    1. Re:Hold your horses for a moment! by iamnotcreative · · Score: 1

      Oh but it is true. Here a link to David "Shmorky" Kelly's original thread on SA: http://forums.somethingawful.com/showthread.php?s= &threadid=2416213. For you freeBSD fans, go check out page 98.

      --


      What, you expect something witty here?
  22. Plagiarists Are Stupid. Throw Lawsuits At Them! by Anonymous Coward · · Score: 2, Interesting

    The image for which Goldman attracted a substantial amount of press and fame and upon which he built his profitable David And Goliath Tees company--the "Boys Are Stupid, Throw Rocks At Them" work--appears to have been partially copied from the portfolio of Chip Wass:

    http://chris-san.livejournal.com/49035.html

  23. Money defines what is true by ackthpt · · Score: 1

    With enough money he can drive the poor artists who came up with his ideas for him out of business.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Money defines what is true by Hotawa+Hawk-eye · · Score: 1

      That's true, until or unless some lawyer decides the "poor artists" have a case and offer to represent them on contingency, like a share of any damages won.

  24. Glad to see this getting more attention. by Anonymous Coward · · Score: 0, Informative

    Todd still hasn't settled anything with Shmorky, the guy he originally was caught "borrowing" from.

    Hopefully he'll get to a point where he realizies the bad press is much worse than the cost of just giving the man the money for the two paintings he copied.

  25. Discerning Threat of Suit vs. Actual Legal Action by cith · · Score: 2, Insightful

    I've seen a number of articles like this pop up on /. recently. Generally, the topic is something like "XX tawdry action occurs... lawyers threaten to sue".

    While legal threats do carry weight of their own in our society, there's a BIG difference between threatening to sue and filing a legal document. The main difference is the consequences to the petitioner.

    If I threaten to sue someone and don't have sufficient grounds to do so, there's no consequence to me for making that argument. (other than PR and reputation).

    But once a lawyer files a document with the court, the lawyer or the plaintiff has signed a document that bears a signature alleging the facts within it are true. Not that it happens often, but the court could discipline you for a knowing falsehood.

    Take legal threats for what they're worth ... the value of the words alone.

    IANAL, etc, etc. If someone with a law degree wants to clean up or correct this post, have at it =D.

  26. Already slashdotted! by Announcer · · Score: 3, Informative
    --
    Willie...
  27. I don't have the guts to run that w/o a sandbox by Anonymous Coward · · Score: 0

    Assigning k[1] = --s is just plain scary.

  28. Re:It's not libel...been there, done that by Christoph · · Score: 5, Interesting

    Yes, I called their bluff and they sued me. A photo from my website was published in the Twin Cities phone book inside cover. The corporation that used it refused to pay a licensing fee, and I wrote about it on my website. They threatened to sue me for defamation, arguing the photo was not mine, but taken by Michael Zubitskiy (a fictional person). I have a certificate of copyright registration for the photo, and did not remove the webpage. They sued me for defamation, and it's safe to say it's blown up in their face.

    I later brought my own action for copyright infringement in federal court, trial is set for November. They first sued me in August of 2005, and I was in court just yesterday (I'm litigating "pro se", representing myself). Yesterday's hearing was because they wanted email between myself and an attorney I hired to get legal advice from, which is obviously protected by lawyer-client confidentiality.

    The full story is here:
    http://www.cgstock.com/essays/vilana.html

  29. He's ripped off the FreeBSD daemon too... by Anonymous Coward · · Score: 5, Interesting

    I thought you guys would find this amusing - FreeBSD daemon on the left, "Todd"'s "art" on the right:

    http://img140.imageshack.us/img140/5980/goldmanthi efcm2.jpg

    Check the odd pattern on the sneakers - matches up exactly with the pattern the pixels make when you blow up the image. The daemon head is from another Wassco piece:

    http://img170.imageshack.us/img170/6038/devilhp1.j pg

    1. Re:He's ripped off the FreeBSD daemon too... by Anonymous Coward · · Score: 0

      He's obviously changed the head, and other things, so what? It's not like he's painted every single thing, it's just T shirt crap. Get a grip nerd-ragers, he hasn't eaten babies or anything, just get a grip and a job.

    2. Re:He's ripped off the FreeBSD daemon too... by Stone+Rhino · · Score: 1

      Direct overlay; the lower body and tail matches up exactly

      --


      Remember, there were no nuclear weapons before women were allowed to vote.
    3. Re:He's ripped off the FreeBSD daemon too... by nerv2112 · · Score: 1

      He also stole the head and the cat from other art. I guess we can give him credit for the campfire?

    4. Re:He's ripped off the FreeBSD daemon too... by nuzak · · Score: 2, Insightful

      I think the BSD thing is a bit of a stretch -- yeah it's extremely derivative, but it's also different enough, adds elements, and mixes them in from other works. If pop art is your bag, this is actually decent.

      But since maestro Goldman is all about "recontextualization", I too will put that work in context, as just another bad-faith effort by a ripoff artist.

      --
      Done with slashdot, done with nerds, getting a life.
    5. Re:He's ripped off the FreeBSD daemon too... by Anonymous Coward · · Score: 0

      Don't forget the cat's from one of the cursor options in Windows.

    6. Re:He's ripped off the FreeBSD daemon too... by samwichse · · Score: 3, Funny

      He didn't steal it, he's just using it under the BSD license!

    7. Re:He's ripped off the FreeBSD daemon too... by seebs · · Score: 1

      Tracing, line for line, two separate things, and clipping them together, generally doesn't pass for original art, and certainly requires credit to the sources.

      --
      My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    8. Re:He's ripped off the FreeBSD daemon too... by mrchaotica · · Score: 1

      That campfire looks like clipart.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  30. So Many Jokes, So Little Time.... by esampson · · Score: 4, Informative

    Maybe he's suing for Definition of Character?

    This is obviously a clear cut example of prior art.

    In all seriousness, I really just can't understand at all what he thinks he's doing. Either he is completely ignoring the advice of his lawyers or else he has got some incredibly bad ones. Just like most of the posters here I am not a lawyer* but I'm pretty sure that to be guilty of libel or slander the accused has to knowingly make a false statement and the statement has to be done with the intent of causing harm to the subject's reputation.

    Making a true statement (It appears that he stole another artists work, I think he stole another artists work, He has created something a great deal like something someone else has created, etc.) or erroneously making a false statement (for example, saying Goldman's work was created second if it were to turn out that Goldman's work was actually created first) don't pass the standard to legally be considered libel. Of course since libel is a civil case rather than a criminal case he would only need a preponderance of evidence to win rather than proof beyond a reasonable doubt, but even then I have a really hard time believing his lawyers think there's any chance of winning, and of course as people avidly point out whenever Mr. Thompson files a suit or even threatens such a thing, filing a suit that you have no reasonable expectations of winning opens you up to a counter-suit and just the act of threatening a suit that you have no reasonable chance of winning opens you up to charges of barratry.


    *I wrote the abbreviation first but decided I really didn't like the sentence "Just like most of the posters here IANAL..."

  31. What's in the article? Wired won't tell, either by ackthpt · · Score: 2, Interesting
    --

    A feeling of having made the same mistake before: Deja Foobar
  32. Assbag by Anonymous Coward · · Score: 0

    This guy is an assbag. I would like to rape him with an arc welder. Can I say that without getting in trouble? Unlikely that he would coincidentally get assraped with an arc welder.

  33. Fear Google Cache, Baby by ackthpt · · Score: 5, Informative
    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Fear Google Cache, Baby by iminplaya · · Score: 1

      Heh, cool...I finally got the article, thanks. Just another wild and whacky day in America. It's pure entertainment now. I might react badly if I was to take it at all seriously. To those who prefer it this way, despite all the very obvious signs, all I can say is, Carry on. I have to let it go. So...it's off to the cantina. Goddamn beer is gettin' expensive down here, too. This is sooo the Republicans' fault. Urine used to cost more. It might have tasted better, I don't remember... thank god!

      --
      What?
  34. Double standards? by NewsWatcher · · Score: 1

    What he did was clearly plagiarism of the worst kind. No-one in their right mind would try to defend taking another person's work and claiming it so blatantly to be their own. Of course, I have seen the odd designer stealing code from other websites and it seems to pass without comment... Is their a difference in taking someone's art without attribution and taking code that creates art without attribution?

    --
    If the pattern goes 9am, 10am, 11am, why isn't noon 12am?
    1. Re:Double standards? by Cruise_WD · · Score: 1

      A web-developer where I work was fired for "borrowing" HTML in exactly this way.

      Admittedly, selling other companies' publicity photos we were hosting didn't help his case any...

      I have no idea what the legal position on it would be however.

      --
      [ cruise / casual-tempest.net / xenogamous.com / transference.org / quantam sufficit ]
  35. Wikipedia too. by Anonymous Coward · · Score: 0

    I understand that Wikipedia was served with a legal notice in this matter as well.

  36. Re:duck "touring" meme by Anonymous Coward · · Score: 0

    Not to defend the idiot that posted the C program, but I saw some troll the other day on usenet posting about ducks being "touring complete". I talked about ducks "touring" on infinite rivers, moving up or downstream and deciding to quack, eat or do something else.

    My suggestion: just ignore it and it will go away very soon.

  37. you are one badass motherfucker by Anonymous Coward · · Score: 0

    If you're not a lawyer you really should be! Good luck with your case, it looks like you are doing a great job.

    1. Re:you are one badass motherfucker by sam_handelman · · Score: 2, Interesting

      Yeah, because he'd be contributing so much more to society as a bloodsucker than as a photographer.

        I remember my aunt - who used to be a fashion photographer - got similarly ripped off *repeatedly* by different companies. Many of them were companies with whom she'd do business, they'd keep using the photographs after the license they'd buy had expired, that sort of thing. She eventually made a fair amount of money off the lawsuits, but it was touch and go for a while, and what with one thing and another I think she's more or less given up professional photography.

        It's a real problem with American law, especially copyright - in order for creators to actually benefit from the protection, they basically need to practice law on the side. OTOH, powerful groups with many lawyers and deep pockets can use the threat of litigation as a club even when they have no case.

        4445 is cute and all, but 3472? Definite MILF.

      --
      The good and new comes from no quarter where it is looked for, and is always something different from what is expected.
  38. No by Rix · · Score: 1

    Unless by that you mean the defendant hasn't enough money to mount a defence. In most jurisdictions, truth is a defence and the burden is on the plaintiff to prove untruth. Given that, statements of opinion can never be libel, because they can never be disproven and are easily proven.

  39. Re:Discerning Threat of Suit vs. Actual Legal Acti by Christoph · · Score: 5, Informative

    I've learned the threshold is soo high, courts will essentially do nothing. I'm in the second year defending myself against a defamation lawsuit over a webpage I wrote saying one of my photos was published without my permission. The party suing me (Vilana Financial) filed (with their complaint) a sales agreement showing they bought the photo from Michael Zubistkiy, who they claim under oath is the true photographer.

    I have proof the photo is mine, including the certificate of copyright registration. Also, there is no Michael Zubitskiy. They claim they paid him in cash, but did not get his contact information and lost the photo he gave them (and all copies). My investigator and their investigator cannot find anyone in the USA by that name -- no address, credit record, work history, or even welfare history or an unlisted phone number.

    I have a certificate of copyright registration, the original digital file, out-takes from the same photo shoot, proof of prior publication on my website, and proof I sold the photo to a local magazine prior to their use of the image. They have nothing but this sales agreement with a signature. Knowing all this, the other party claimed, under oath, that the photo is not mine, but Michael Zubitskiy is the true photographer.

    They supposedly met him at a health club, and upon subpoena, the club said they have no record of Zubitskiy. It's clear this is a fictional person, but what's more, even if he did exist, he did not take the photo -- I did. So I filed a motion for sanctions with all of the above evidence 15 months ago; the judge cancelled the hearing, saying it was premature and should wait until after the trial is over. Full story: www.cgstock.com/essays/vilana.html

    So I would not count on the courts to spot even an obviously absurd and improper claim. Everyone knows it's my photo, yet I'm 18 months into this litigation.

  40. One Possible Explanation by Anonymous Coward · · Score: 0

    In this interview, Todd Goldman claims he has ADD:

    "I'm just wacked out of my mind. Things just come to me really quickly. I have complete ADD so I've never finished a book before. I haven't really watched cartoons or read comic books. It's just my witty sense of humor and my love to draw"

    So maybe he saw the original cartoon, then forgot he saw it. Then he sat down to draw, and had an image in his head of the squirrel and the cat and the boy and all the other designs, but he didn't know where they came from!

  41. Re:It's not libel...been there, done that by Mathness · · Score: 1

    This might sound sappy, but I mean it, upon seeing photo #4445 one can only think that you are the kind of person who makes the world a better place to be.

    I hope that you will be victorious in court.

    --
    Carbon based humanoid in training.
  42. just got off the phone with The Todd by mbius · · Score: 1

    He says this whole fiasco is libel to ruin his career.

    *rimshot*

    --
    you can have my violent video games when you pry them from my cold, dead hands.
    Prime UID Club
  43. Re:What's in the article? Wired won't tell, either by painandgreed · · Score: 1

    The author of that peice has something on Livejournal explaining it. http://vebelfetzer.livejournal.com/ Also seems that the grassroots entries defending Todd on the Wired's forums are all coming from the same IP.

  44. Stealing ideas by aardvarkjoe · · Score: 1

    OK, do you think that kdawson refers to it as "stealing ideas" in order to try start yet another flamewar about whether you can steal an idea or not, or is he just oblivious?

    And while we're at it, could we get an editor who doesn't treat punctuation like a game of Pin-the-Tail-on-the-Donkey?

    --

    How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
    1. Re:Stealing ideas by Oligonicella · · Score: 1

      steal, v., stole, stolen, stealing, n. -v.t.
      1. to take (the property of another or others) without permission or right, esp. secretly or by force: A pickpocket stole his watch.
      2. to appropriate (ideas, credit, words, etc.) without right or acknowledgment.

      Note definition number two.

    2. Re:Stealing ideas by Travelsonic · · Score: 1

      I would like to ask where you got the definition from?
      #2 is a completely illogical proposition, as it requires one to do something impossible to do with the raw building blocks of creativity. Frankly put, the person who put definition of #2 is an illogocal moron.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    3. Re:Stealing ideas by Artifakt · · Score: 1

      I'd like to ask why someone always trots out some definition of "stealing", "theft", or similar words in these arguments, that isn't a legal definition. Right now, this is a matter of law. It will end up being settled by lawyers and courts, using the legal definitions of words like theft only. These other definitions don't matter.
            Do any of the people offering these other definitions plan to challenge the court, by filing suit before a higher court to get the decisions to follow their offered definition? Are they petitioning their representitives to make their definitions law of the land? No? Then they don't really mean their own rhetoric.

      --
      Who is John Cabal?
    4. Re:Stealing ideas by Travelsonic · · Score: 1

      I'd like to ask why someone always trots out some definition of "stealing", "theft", or similar words in these arguments, that isn't a legal definition.

      Because, at least I think, they forget that the case as a whole in which the use of words is in question is a legal matter, at least in the example of this story.


      Whether it is intentional or not... I can't say.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
  45. He may not win, but it serves the cause by Opportunist · · Score: 1

    The first thing this will cause is a demand that he stops saying this (someone might have the legal term at hand, I don't know enough English legalese). And that's pretty much what he wants: To shut up the person who spreads the news that he supposedly steals his content.

    By the time that suit is finally settled (or retracted), he will have found some sort of agreement with the original authors (or sued them into oblivion as well), and it can't be spread anymore either 'cause then it would be slander.

    That's what suits like this should accomplish. And, behold, they do.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  46. Re:duck "touring" meme by Anonymous Coward · · Score: 0

    You really are a humorless buffoon

  47. The plot is even thicker by Anonymous Coward · · Score: 2, Interesting

    The page about Todd Goldman on Wikipedia was "Office Protected" for a while, apparently after Wikipedia received similar lawsuit threats. Wikipedia's hometown of St. Petersburg, Florida, is 1/2 hour drive away from Clearwater, where Goldman's company is based - so they may be especially sensitive to lawsuit threats from him because they'd be a convenient target.

    Clearwater is the home of the Church of Scientology, which has ties to a great many businesses located there. The Church of Scientology is also thoroughly documented to use lawsuit threats, lawsuits (especially on intellectual property grounds), and strange false pedophilia accusations, against its enemies.

    Todd Goldman's business is located in Clearwater. He's using lawsuit threats on intellectual property grounds, and strange false pedophilia accusations, against his enemies.

    I don't know that there's any connection between Goldman and Scientology - Hanlon's Razor about malice and stupidity applies and it's entirely possible that he and the Scientologists are simply both jerks with nothing else in common - but it's enough to make me wonder.

    1. Re:The plot is even thicker by wellingj · · Score: 1

      Maybe we should burn Todd Goldman at the stake to see if he is a scientologist or not.....

    2. Re:The plot is even thicker by Anonymous Coward · · Score: 0

      Maybe we should test the water down there to see what is driving these people insane.

    3. Re:The plot is even thicker by Anonymous Coward · · Score: 0

      Clearwater was a nice place before $cientology infected it. The goal was to "take over" a entire area, at every level, so they could have a commune/asylum/compound. At least one person was held against their will and ended up dead there (that the public knows of).

  48. Mencia by h4ck7h3p14n37 · · Score: 2, Funny

    Wow! This guy's a bigger rip-off artist than Carlos Mencia!

  49. Seriously, theft is not the right word here by noidentity · · Score: 1

    I get genuinely confused by misleading headlines like this. I keep reading for where the art was stolen (as in, art was stolen from a museum and can't be viewed until it is found). The original artist has not lost access to these works apparently, so the defining element of theft is missing: the lack of use by the original owner of the item stolen.

    1. Re:Seriously, theft is not the right word here by Ignis+Fatuusz · · Score: 1

      No, it's not physically stolen, but Goldman is apparently reaping substantial financial rewards by using work that is clearly not his, without any sort of compensation to the original artist.

      So, it's almost like counterfeiting money...just adding a few steps between for semantics.

    2. Re:Seriously, theft is not the right word here by Travelsonic · · Score: 1

      True, but that is not a part of "theft" unless one believes that profit that one has and may not even get in the firt place can be removed from him when he/she diidn't have it to begin with.


      See the philosophical conundrums this stance can sometimes get people into?

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    3. Re:Seriously, theft is not the right word here by Christoph · · Score: 1

      It's common to say a person stole your joke or stole your song. It's understood this does not mean they broke into your house and stole it, or you can no longer use the joke/song. The phrase "intellectual property theft" is likewise understood this way.

    4. Re:Seriously, theft is not the right word here by quag7 · · Score: 1

      Glad to see that everyone's staying on message on the music/movie piracy thing.

    5. Re:Seriously, theft is not the right word here by Travelsonic · · Score: 1

      It is still, in my mind, based upon an illogocal preposition or concept and unfortunately is meant not as a figure of speech, but as truth when said events could not occur. It is, outside of a figure of speech context, in my opinion, distortion of truth and nothing more.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    6. Re:Seriously, theft is not the right word here by reachums · · Score: 1

      how about this, it's copyright infringement. He is using the intellectual property of another for profit without permission and without giving the original creator credit or monetary reimbursement.

      So it's not "theft" but it's still a crime

      --
      "Just call me Girly Blank"
    7. Re:Seriously, theft is not the right word here by noidentity · · Score: 1

      OK, but there are plenty of examples where it's ambiguous:

      "My source code was stolen." = "My source code was copied without permission." or "My hard drive with the source code on it was stolen and I didn't have any backups. I can't build my project until I get it back."

      If one wants to talk of theft of potential income, then anyone offering a product/service similar to my own is stealing my money since I would be making more if it weren't for them.

  50. Re:It's not libel...been there, done that by Christoph · · Score: 1

    Sappy or not, I appreciate the sentiment.

  51. Re:It's not libel...been there, done that by crossmr · · Score: 1

    Your page completely and utterly fails in firefox. Shows up blank. Works in IE.

  52. Re:It's not libel...been there, done that by Jaysyn · · Score: 1

    These guys (Vilana & Co.) sound like total scumbags & I hope you take them to the cleaners in court.

    --
    There is a war going on for your mind.
  53. It gets worse by dbIII · · Score: 1

    It gets worse - there's been some Myspace identity theft of people that are critical of him going on and this nasty piece of work or somebody assocated with him is filling the accounts with porn or an image saying TODD WAS HERE (actually hosted on Goldman's website - this guy is an idiot or thinks everyone will back down). Does a social engineering attack on a company to get access to other peoples acounts come under hacking laws? Perhaps he'll annot enough people to come to the attention of law enforcement - this man should learn that jails are full of people that did stupid things they knew were illegal.

  54. Re:It's not libel...been there, done that by Pahroza · · Score: 1

    Works fine in Firefox 2.0.0.3

  55. Re:It's not libel...been there, done that by crossmr · · Score: 1

    That's also what I'm using.

  56. Re:It's not libel...been there, done that by Prune · · Score: 1

    Works for me too. That clearly means it's something to do with the way you've set up your system or browser options.

    --
    "Politicians and diapers must be changed often, and for the same reason."
  57. Re:It's not libel...been there, done that by crossmr · · Score: 2, Funny

    default install, the only thing I've added is flash block.

  58. He might get away with this... by MiniMike · · Score: 0

    All he needs to do to get away with this is to steal the defense used by RIAA victims/defendents...

    1. Re:He might get away with this... by Travelsonic · · Score: 1

      How praytell may one do this without relieving the victims/defense of this defense mentally to begin with?

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
  59. Would you like fries with that? by Manos_Of_Fate · · Score: 1

    I think the most comforting thing about this whole fiasco is that regardless of the outcome of the various suits, Todd Goldman will be lucky to sell so much as a stick figure drawing after this is over. His target audience is not the sort of crowd to take well to thier idols being threatened with lawuits, they'll see him as the bad guy even IF he somehow proves he didn't steal his work. I hope he likes working at McDonald's.

    --
    Isn't enough that I ruined a pony, making a gift for you?
    1. Re:Would you like fries with that? by Anonymous Coward · · Score: 0

      ... as the bad guy even IF he somehow proves he didn't steal his work.

      OF course he didn't.... no physical portrate went missing, did it?


      Jokes aside, is it REALLY hard to call things what they are? Fraud, copyright infringement, lying, forgery...... theft and stealing imply a specific set of events, without specificly occuring CAN NOT happen. This guy was a douche, do doubt, and I shouldn't have to disclaim my opinion here but there are even more morons who think "opposing one stance == supporting the other"- no, I just think language matters, and some people have been sniffing too much of the **AA's opium.

  60. Where's Waldo? by Anonymous Coward · · Score: 0

    I couldn't help but notice your Where's Waldo picture at the bottom of your page. I couldn't help but think that is a little hypocritical. I see you did attribute the image as 'Based on Martin Handford's "Waldo"' but is that good enough? Did you get permission to use what I assume is a copyrighted character? What you have done may be perfectly legal as I am certainly no expert. I don't really mean to call you out because the guy you are taking to court seems like real scum. I just thought it seemed a little odd you used someone elses copyrighted work (or likeness of), especially considering what the page is about.

    Anonymous Cowtard.

    1. Re:Where's Waldo? by Christoph · · Score: 1

      After significant research, I decided the "parody" fair-use exception to copyright infringement applied to my use of the Waldo character to parody the situation with Michael Zubitskiy. The parody exception is widely exercised in the media, and my Waldo graphic is not for commercial gain.

      Note that I allow others to use my photos free of charge for non-commercial web use (see the licensing terms page on my website for details), so there is consistency in my conduct.

    2. Re:Where's Waldo? by wiredlogic · · Score: 1

      Penny Arcade didn't fare as well with American Greetings when they parodied an unrelated video game using an adult version of the Strawbrry Shortcake character.

      --
      I am becoming gerund, destroyer of verbs.
    3. Re:Where's Waldo? by 2short · · Score: 1

      Penny Arcade fared perfectly. They did not lose in court; they did not make any attempt to fight in court. Instead they complied with the cease-and-desist letter and then ran a comic portraying American Greetings as Nazi anal rapists, and nobody said boo. The original strip is far more famous than if American Greetings had never done anything, which they've presumably figured out since they're not C&Ding all the places it's easily available now (Wikipedia fer Christs sake).

      American Greetings lost that confrontaion big time, and Penny Arcade didn't have to spend a dime on lawyers to make it happen.

  61. Re:It's not libel...been there, done that by Christoph · · Score: 1

    I would like to fix the problem, but I'm stumped -- I developed it with Firefox under Linux (which has been my default browser for ~2 years). Can you tell me if "view->source" gives you the raw HTML (and not a blank page)?

  62. Re:It's not libel...been there, done that by crossmr · · Score: 1

    View sources give me this body and head tags, thats it. No content what so ever.

  63. Threatening to sue is actionable by Tweekster · · Score: 3, Insightful

    You can sue anyone for anything in the US, but you cant go around using lawsuits as a threat.

    For a lawsuit to be legit it has to be the last resort not the first threat you pull out of the bag. not to mention it can never be and idle threat but a step by step escalation where legal action is warranted.

    He just put himself in an actionable position

    --
    The phrase "more better" is acceptable English. suck it grammar Nazis
    1. Re:Threatening to sue is actionable by ubuwalker31 · · Score: 1

      Can you please provide a citation to some case law or a statute that says that you can't threaten immediate legal action for a legitimate complaint about someone's behavior in the United States?

      Of course you can't...because there is no such law. There is no law which states that in order for a lawsuit to be legit that it has to be the last resort. There is no law which states that you can't threaten to sue somebody for a wrong done to you. Or that there has to be a step by step escalation.

      Sorry to tell ya buddy, but your right to sue accrues whenever your rights have been violated. If someone punches you in the face, or someone infringes on your copyright, or someone defames you, you don't have to "try to work it out" - you can get in front of a judge immediately. Provided, of course, that you have an arguably legitimate cause of action, which as we all know, is a very very low threshold. [Lots of conservatives believe (wrongly) that when you have a right, you don't necessarily have a remedy, but thats another conversation]

      However, as a general rule of life in general, your absolutely correct...you shouldn't sue right away and you should try to work things out privately before going to the lawyer.

    2. Re:Threatening to sue is actionable by Tweekster · · Score: 1
      --
      The phrase "more better" is acceptable English. suck it grammar Nazis
  64. I'll bite... by Z34107 · · Score: 1

    the 2nd amendment also favours the rich, they can afford to arm themselves better than the poor.

    You spelled "favors" with a "u". I know what side of the Revolutionary War you were on. :P

    Anyway, you don't need a nuke or a laser gun or an aircraft carrier to effectively arm yourself. You can get a shiny new pistol for under $200, an arguably more useful hunting rifle for $500, or any other arsenal of weapons you could imagine (in the US, at least.) These prices are well within a month's paycheck for most people - heck, I work part time and make minimum wage, and none of this would be a stretch for me.

    And this is if you do it legally. Remember that many of the founding fathers saw the second amendment as a "do-over" or reset switch for the government - if things got out of hand, the citizens could always overthrow it. Think Thomas Jefferson's "A little rebellion now and then is a good thing" mixed with Shay's Rebellion, and you've got the idea.

    Guns are affordable, and they're another check on the balance of power within our government.

    Further democracy. Exercise your rights. Buy a gun and start shooting^H^H^H^H^H^H^H^H democratizing our government! (Well, not at people, ya moron. That's dangerous.)

    --
    DATABASE WOW WOW
    1. Re:I'll bite... by alshithead · · Score: 1

      "You spelled "favors" with a "u". I know what side of the Revolutionary War you were on. :P"

      Thank you! Missed that on the initial read. Of course, his side lost.

      The UK pistol compteition teams can't even practice in their own country. (http://www.telegraph.co.uk/sport/main.jhtml?xml=/ sport/2005/12/29/sohoey29.xml&sSheet=/sport/2005/1 2/29/ixothspt.html)

      I expect that the US will eventually revolt and throw off the plutocratic and corporatcratic rulers because arms are owned and available to the masses. That extreme necessity is lamentable but at least we will have the option. Reminds me of a Heinlein where all of the lawyers were killed off. In the meantime, go ahead and break into my house, if my Doberman doesn't scare you off or eat you, something from my arsenal will convince you to stick around until the cops arrive on the scene. Whether you are bleeding or not will be your decision based on your ability to follow my instructions backed up by the judicious use of force.

      Disclaimer: My tinfoil hat was only partially engaged for this post.

      --
      I reserve the right to think for myself. Others' opinions are optional. Puppy on lap = typos...not illiteracy.
    2. Re:I'll bite... by d0rp · · Score: 1

      Remember that many of the founding fathers saw the second amendment as a "do-over" or reset switch for the government - if things got out of hand, the citizens could always overthrow it. The real problem with this now, is that with our level of technology (and the large gap between military and civilian arms) it's not likely that this would be much of a possibility. You don't see civilians running around with tanks or fighter jets.
    3. Re:I'll bite... by QMO · · Score: 2, Insightful

      Several current conflicts demonstrate that tanks and jets are much more effective against armies than they are at pacifying hostile populations.

      --
      Exam 4/C again. Maybe I'll do better this time.
  65. Re:It's not libel...been there, done that by Christoph · · Score: 1

    Thanks. That's a problem. The browser isn't rendering the page wrong, though -- it's not receiving the html at all. I'm stumped as to why, though.

  66. Re:It's not libel...been there, done that by fm6 · · Score: 1

    Works fine in my browser (Firefox 2.0.0.3 on XP.) What version are you running?

  67. DAMN! by Anonymous Coward · · Score: 0

    OJ killed the wrong Goldman :(

  68. Re:It's not libel...been there, done that by fm6 · · Score: 1

    Well, I wish you luck. But I hope you're in it for the money, because you're not establishing any kind of principle. You've only got this far because you've been willing to devote a lot of effort to this battle, and because you've been lucky enough not to trip over any legal land mines. Most people would have given up by now, or made a mistake that would have ended the whole shooting match. Which is why the kind of abusive litigation Vilenchik is throwing at you almost always works. That's not going to change, no matter what the outcome of your case.

    But of course getting a fat settlement out of this guy ain't chopped liver, and would certainly repay all your hard work. Speaking of which, I do hope you given as much thought to collecting this judgment as you have to winning it!

  69. Re:It's not libel...been there, done that by crossmr · · Score: 1

    already above, the same. it seems for some reason the browser isn't even retrieving the HTML on that particular page.

  70. Re:It's not libel...been there, done that by malkir · · Score: 1

    Sites working fine here, same build/extensions. But I have similar problems with a lot of pages, it's just a FF bug, view in... *shudder* IE

  71. Its not theft by BlueParrot · · Score: 1

    Is it plagiarism? Sure is.
    Copyright infringement, you bet it is.
    Immoral, oh yea.
    The guy deserves a decent slap? Yup.

    Is it theft? Hell no. Theft refers to depriving someone of their property. To copy a work without permission is copyright infringement. To claim someone else's work is your own is plagiarism. The only ones who benefit from blurring these terms are those who seek to rewrite the law without having to bother about the "inconvenient" proper procedure involved in doing so.

  72. The secret to creativity . . . by AncientPC · · Score: 1

    "The secret to creativity is knowing how to hide your sources."
    --Albert Einstein

    *ducks*

  73. Rat's Off to Him! by elrous0 · · Score: 1

    And "Tom Goes to the Mayor" producers sue BOTH of them for ripping off the plot of their Christmas episode.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
  74. SMTP and the FROM field... by MS-06FZ · · Score: 1

    Gabe at penny-arcade mentioned this earlier today. Apparently, Mr Goldman called Dave Kelly a "pedophile" in the same forum that he's trying to sue for slander. I thought people around here were supposed to be computer-savvy? I thought the guys at Penny Arcade would understand this point, too.

    The E-mail came from someone who had Goldman's E-Mail address in the E-Mail's "FROM" field.

    Now, the above statement does not rule out the answer everyone's assuming - that Goldman sent the e-mail. It's possible. But nevertheless there is a very real possibility that the e-mail was just sent by someone else. On Fleen they acknowledge this possibility but assume the sender is a fan of Goldman. Are they really that naive? So naive that they've never heard of trolling by pretending to be the one you want to draw negative attention to, and acting like a complete dickweed under their name?

    Now, what could Fleen have done that would constitute slander, libel, what have you? They published that e-mail, and assigned more credibility to it than it was worth. (paraphrasing the post on Fleen here - ) 'I'm not qualified to say if it's really from Goldman, but if it is, he's a bigger jerk than we thought. If it's from his fans then they're bigger jerks than we thought.' They took what, to me, is almost certainly a hoax, and put it in the context as if Goldman had actually sent it.

    Now, how could we know if this e-mail was real?
    - Does the message quote any text that the receiver previously sent to Goldman's e-mail? If so, that wouldn't completely rule out it being fake, but it'd complicate the process of faking it. (The faker would need to gain access to a computer on one end, or intercept the e-mail en route, in order to gain access to the original text.)
    - The message says "Thanks for the inquiry" - what inquiry? If this is in response to a specific message wouldn't there usually be a quote? Or a "RE:" in the subject line even?
    - The message headers. Like Gary on Fleen I can't look at the headers and tell you if the message is legit or not. The full headers are posted on fleen.

    Now, scenarios. Which do you suppose is most likely?
    - Goldman sent the offending message himself. (Going just from the "FROM" field this is the simplest explanation - but does it still make sense when you bring the whole picture into consideration? And how much evidence is there supporting this?)
    - One of Goldman's fans sent the offending message. Feeling polarized in the whole conflict they want to praise their hero and trash Kelly. So why would they pretend to be Goldman? It doesn't take much in the way of brains to see what'd happen when the message is received - if you want to trash somebody it's more effective to be the person you're trying to trash, rather than somebody whose credibility is already on shaky ground.
    - One of Goldman's enemies sent the offending message. If we assume this is what happened, then we can say it was a very effective strategy. Gary Tyrrell on Fleen didn't cast much doubt on its authenticity, and everyone who wants to hate Goldman seems very willing to assume it's legit.
    - There was no e-mail, Gary Tyrrell forged the whole thing to get attention on the Fleen blog. I consider this a fairly remote possibility.

    It seems to me people are either astoundingly gullible or naive to so quickly accept this message as legit, or else they want it to be legit so badly they're willing to fool themselves, or else they just like the idea of it being legit so much that they want to go along with the gag. One can assume that Goldman has been harassed by well-meaning idiots on the internet over the whole deal - and things like this make that situation worse. So Goldman has a legitimate gripe against people who, by carelessness or design, slander him over this matter. You could try to justify that kind of thing by saying Goldman started it - but remember that Kelly is the one with a legitimate gripe against Goldman. The two of them are apparently working out a deal, and it's Kelly's decision whether that deal is OK. But Goldman didn't do anything to you.
    --
    ---GEC
    I'm but the humble pupil, seeking to snatch the scratchbuilt pebble from the master's fully articulated hand
    1. Re:SMTP and the FROM field... by Anonymous Coward · · Score: 0

      1 - One of the screengrabs is in GMail. GMail doesn't use RE: because it stores the 'conversations'

      2 - You CAN see the original email sent TO the Goldman address clearly in the background, which is in line with the way GMail presents message replies. It also has the subject line "I hope your career crashes and burns ..." and the option to show quoted text at the bottom.

      3 - The emails were originally posted to the Something Awful forum so the likelihood of Gary on Fleen doing it to boost his blog becomes even more remote.

      I agree that it can't be definitively stated that Goldman sent the emails himself but they are replies to emails sent to a supposedly legit Goldman business email address.

      http://www.miketyndall.com/todd_goldman/images/mis c/email1.jpg

      I'd maybe like to see the full thread with the original post to the Goldman address and yes, anyone can put any address for the Sent email address but the GMail evidence is fairly damning even if, for the reasons you list, the others aren't.

  75. Re:It's not libel...been there, done that by kalirion · · Score: 1

    Works fine in 1.5.0.11 on XP

  76. how much justice you can afford? by Anonymous Coward · · Score: 0

    what this country needs is not socialized medicine but socialized law: everyone gets the same court-appointed lawyers;-)

  77. I can't wait for this lawsuit! by FeldBum · · Score: 1

    Have you seen how SA (and lawyer Leonard "J." Crabs) treats legal threats? It's a thing of beauty. http://www.somethingawful.com/d/legal-threats/inde x.php My personal favorite is here: http://i.somethingawful.com/images/lawsuit-10.jpg

  78. It's the principle of the thing! by Mr_Smiles · · Score: 1

    It doesn't matter who it is, or how much money and legal representation they have. The point is, Todd BLATANTLY stole this and a lot of other works for his own profit without referencing the source or any permission. We've determined that as a fact. Now what must be done, what HAS to be done is for the artist(s) who were wronged to see this thing through to completion. Sure, theft on intellectual property happens all the time, but it doesn't HAVE to. It's like a game of chicken, first one to back down loses. As someone who takes his own art and copyrighted material *very* seriously, i say RUN THAT NO GOOD THUG INTO THE GROUND!!! Don't let up! Take it all the way! Even if you come out with nothing left, by deuce, you made a stand and showed him you mean business! I don't know about you, but I'd rather be remembered as a martyr than a coward. /endrant