Clueless Sherdog Lawyers Send Cease and Desist to Fightlinker
by Kid Nate on Apr 3, 2009 11:46 AM EDT
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I didn't post on this yesterday because the Dana White Vlog controversy was eating up all our bandwidth but I wanted to share because stupid bully laywers are a pet peeve of mine.
Here's the tale for those who missed it. Fightlinker put up this site as an April Fool's Day Joke. Later that day the crack legal staff at Crave -- Sherdog's corporate parents -- sent FL a cease and desist letter. I guess where they live it's April Fool's Day all year round.
Here's Fightlinker's inimitable response:
We put a decent amount of work into our Shitdog parody, but Sherdog took it several steps further: they PAID a lawyer to put together this prank! For them to put that much time and effort into this makes us here at Fightlinker feel truly appreciated - we pranked Sherdog good, and they pranked us right back in epic fashion. Well done!
The basis of any good prank or parody is that you try to make the joke as realistic as possible, and Sherdog achieved this with a full 3 page letter from their legal counsel at Crave. We’ve already seen what one of these looks like before, and it appears pretty legitimate to the untrained eye. Fortunately for us, we have a pretty intimate understanding of the legal concepts known as fair use and parody so by the end of page one we realized that our leg was being pulled.
Again, my hat is off to Sherdog for putting so much effort into this. I’m glad their lawyer had enough of a sense of humor to play along too. Most decent legal eagles would not be willing to attach their name to such a frivolous and baseless document - I mean what would happen if people actually thought this was real???
The legal precedent on this is crystal clear thanks to Roy Orbison, the 2 Live Crew and the Supreme Court so Fightlinker doesn't have much to worry about. But Crave might want to reconsider their choice of law firms.
Update: Sherdog's lawyers have written Fightlinker again:
You don’t officially get harassed by lawyers until the letters come by, so this morning was an especially pleasant surprise to be reminded how humorless Sherdog really is. They want us to surrender any and all profit we made from the whole April Fools day joke. Sure, you can have it. How does one write a check for zero dollars again?
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Ugh.
Does Michael Lynch moonlight as a lawyer for Crave?
"I see him beating Anderson Silva. I see him picking him apart. Him at a 131 years old...(trails off)." - Tito on Belfort at Affliction:DOR
It almost sounds like Sherwood got pissed and demanded something be done.
Editor-in-chief of MMA-Analyst.com
by Leland Roling on Apr 3, 2009 12:04 PM EDT up reply actions
Hahaha
I never really cared for Fightlinker until Shitdog and this subsequent followup. Now I might actually start visiting their site.
"I hit [Evensen], and you could just see it in his head. He went, 'Oh, man. We don't have to do this anymore. I'm good. Thanks for having me. I'm going to go home now." -Pat "The Real Techno Viking" Berry
I'm a big fan
FL, FightOpinion and Mania are heavy in my rotation.
"the spirit of your average dumbass with more overblown rhetoric" OR "the self-appointed savior of MMA"
I read FL for the comical pieces, but most of their fighter bashing rubs me the wrong way. FO is a daily stop.
Editor-in-chief of MMA-Analyst.com
by Leland Roling on Apr 3, 2009 12:03 PM EDT up reply actions
FL is like the spaces in front of and behind the Earth where the gravity pull of the planet and the pull of the sun cancel out, making a giant patch without gravity. Anything is possible at FL, but while visiting is fun, it’s not a wise idea to stay.
I don’t actually know what that means. Honestly, I just like FL and I can’t think of any way to intelligently defend their juvenile crap other than to say that under it all, they usually have some good insights.
"I'm AJB and I endorse this nut-puncher."
Depends on the insight. Notorious is a plague I can’t handle, and I’m sure he doesn’t care, but the rants are somewhat ridiculous. But hey, it fits into FL’s mold, who am I to criticize what they want to do.
Editor-in-chief of MMA-Analyst.com
by Leland Roling on Apr 3, 2009 1:37 PM EDT up reply actions
I hadn’t thought of the connection before, but yeah, I suppose there is a similarity there. That I am a big fan of both FL and South Park would make sense….
"I'm AJB and I endorse this nut-puncher."
by AJB on Apr 3, 2009 7:01 PM EDT up reply actions
Except that they’d need to have trash-can heads… Or more fart jokes? I dunno. Picking which way to mock them for being Canadian is hard.
Don't believe a word I say, I don't train BJJ. -- TangleBones
You'll be pleased to know
That on a day to day basis, I mostly only come here for my MMA feed (and I receive a lot of materials in my inbox from Tatame, Gracie Mag and other foreign MMA/BJJ/Judo sources). I spend more time on this page than I should spend anywhere, given how busy my work days are.
"I hit [Evensen], and you could just see it in his head. He went, 'Oh, man. We don't have to do this anymore. I'm good. Thanks for having me. I'm going to go home now." -Pat "The Real Techno Viking" Berry
FL Rules
FL and this site are by far my two most visited webpages.
-1
They have paid memberships?
"I hit [Evensen], and you could just see it in his head. He went, 'Oh, man. We don't have to do this anymore. I'm good. Thanks for having me. I'm going to go home now." -Pat "The Real Techno Viking" Berry
LOL, yes…. they do now.
Editor-in-chief of MMA-Analyst.com
by Leland Roling on Apr 3, 2009 1:37 PM EDT up reply actions
you'd be surprised
many folks posting on the internet, especially younger ones are pretty easily intimidated by a legal sounding letter.
"the spirit of your average dumbass with more overblown rhetoric" OR "the self-appointed savior of MMA"
I’m sure that people without legal council or a knowledge of the law probably cave immediatly to one of these, people who know better not only ignore them they taunt them publicly.
You’d think that CRAVE/Sherdog would be wise to the fact that FL have their shit together where it concerns parody. I mean.. that’s their bread and butter.
"I hit [Evensen], and you could just see it in his head. He went, 'Oh, man. We don't have to do this anymore. I'm good. Thanks for having me. I'm going to go home now." -Pat "The Real Techno Viking" Berry
Case in point:
WAMMA’s completely baseless, private legal threats to one of the posters here.
"I hit [Evensen], and you could just see it in his head. He went, 'Oh, man. We don't have to do this anymore. I'm good. Thanks for having me. I'm going to go home now." -Pat "The Real Techno Viking" Berry
he he
yes.
A favorite memory of mine.
Haven’t heard from those dipshits lately.
"the spirit of your average dumbass with more overblown rhetoric" OR "the self-appointed savior of MMA"
by Kid Nate on Apr 3, 2009 12:53 PM EDT up reply actions 1 recs
That one was all the funnier because Lynch wasn’t just a silly lawyer he was their COO. This one is funny because it was so blatantly a April Fool’s joke that even a crack legal team should of figured that out, they wasted a lot of effort for something that was obviously going to be taken down at the end of the day anyway.
That time was probably when I fell in love with BE
by Derek Suboticki on Apr 3, 2009 2:03 PM EDT up reply actions
Haven’t heard from those alleged dipshits lately.
There you go Nate, no charge.
"Japan is half-Machida" - iiowyn
by Day Man on Apr 3, 2009 4:48 PM EDT up reply actions 1 recs
thank you counselor!
"the spirit of your average dumbass with more overblown rhetoric" OR "the self-appointed savior of MMA"
The comments section from that thread fucking ROCKED. I stayed up all night having fun with that shit. If nothing else, WAMMA amused all of us for one magical night. Unintentionally.
"I'm AJB and I endorse this nut-puncher."
by AJB on Apr 3, 2009 5:40 PM EDT up reply actions
I can see maybe a 16 year old being intimidated. But you have to be pretty blind to miss that the entire internet is filled with satire, let alone never see an episode of Southpark.
Surely most people must realize that satire is allowed.
I dislike Matt Hughes.
Nope; lots of people have no idea. The “legalise” of the letters throws people off and can be intimidating, especially if you don’t actually have a good grasp of the basics of laws and rights, and sadly very few people do. Even grown people who interact with the law every day.
"I'm AJB and I endorse this nut-puncher."
by AJB on Apr 3, 2009 5:41 PM EDT up reply actions
Absolutely
Some (read: most) people are terrified at the prospect of being sued.
"I hit [Evensen], and you could just see it in his head. He went, 'Oh, man. We don't have to do this anymore. I'm good. Thanks for having me. I'm going to go home now." -Pat "The Real Techno Viking" Berry
The webcomic Penny Arcade did when they made fun of Strawberry Shortcake dolls, and the company threatened to sue them. PA said they figured they could win a suit under a parody clause, but it was easier and cheaper to remove the offending comic. Of course, nothing truly disappears from the internet. . .
Ever tried. Ever failed. No matter. Try Again. Fail again. Fail better. -Samuel Beckett
by Scott C. Broussard on Apr 3, 2009 1:10 PM EDT up reply actions
They're also well versed in being threatened with litigation
Jack Thompson, anyone?
"I hit [Evensen], and you could just see it in his head. He went, 'Oh, man. We don't have to do this anymore. I'm good. Thanks for having me. I'm going to go home now." -Pat "The Real Techno Viking" Berry
I’ll be pleased to inform you that we have enlisted the services of one Larry Parker, who will get me two million oh what a feelin’. Wicked.
It’s going to start looking bad if you don’t attract some legal attention soon – keeping up with the Joneses and whatnot
by Derek Suboticki on Apr 3, 2009 2:21 PM EDT up reply actions
A lot of companies pay attorneys a salary so it doesn’t cost them anything extra to take a small thing like this to court if they really wanted to turn the screws.
Even if its something silly the person being sued still has to respond to the complaint which usually means hiring counsel which costs a solid amount of cash. Companies know this so they use the intimidation factor that comes from the notice and threat of lawsuit to get people to do what they want.
It does work quite often.
"Japan is half-Machida" - iiowyn
Sherdog Responded!
By Jake:
You don’t officially get harassed by lawyers until the letters come by, so this morning was an especially pleasant surprise to be reminded how humorless Sherdog really is. They want us to surrender any and all profit we made from the whole April Fools day joke. Sure, you can have it. How does one write a check for zero dollars again?
Ever tried. Ever failed. No matter. Try Again. Fail again. Fail better. -Samuel Beckett
by Scott C. Broussard on Apr 3, 2009 2:36 PM EDT reply actions
i read on fightlinker that it was a response hoax by sherdog. :)
Gatti. Dekkers. Pele. Aoki. Kang. Vanderlei.
http://theworldsoldestsport.blogspot.com/
by theworldsoldestsport on Apr 3, 2009 3:48 PM EDT reply actions
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