October 11, 2007

Being Stupid And Litigious Is No Way To Go Through Life

Michael Arrington

656 comments »

In the past we’ve posted communications whenever someone has threatened to sue us. I think it’s entertaining, and it hopefully makes people think twice before firing up the legal machine with ridiculous claims. So when YouTube sent us a cease and desist letter, I posted it. And when that asshole Shannon Terry threatened to sue us out of existence, I posted that too.

Now the most ridiculous claim yet. Richard Figueroa, who claims to have the rights to this image of Ashton Kutcher, is demanding that we pay him $150,000 immediately or else he’ll sue us for $1.5 million.

Hi Michael, My name is Richard Figueroa and I am contacting you on behalf of the image you are using of Ashton Kutcher that Beth Boldt had taken. Beth is upset that your company has been using his image to generate traffic and revenue to your company without her permission.We are asking that you pay Beth $150,000,00 for the image that you have been using to generate business. If you choose not to settle this bill now we will ask for $1,500,000 in damages in loss of income form the image you have been borrowing for creating traffic to your website with here picture.if you google Beth Boldt you will get an idea of who she is in the modeling and entertainment industry.We would like to settle this quietly without the media getting involved however if you choose not to agree on these terms we will file a lawsuit against your company for copyright violation and we all know how that’s going to turn out since she’s the photographer of the image you are using.
So here is her invoice: Please make check out to Beth Boldt in the amount of ($150,000,00) send it to
[deleted contact information]
And after payment is made you may not use the image of Ashton anymore unless you want to negotiate a contract.

Thank you
Richard Figueroa
BethBoldt

Here’s the problem: we never used that image of Ashton Kutcher on any of our websites. The one image we did use (in this post) was supplied by Ooma (Kutcher is the creative director for Ooma), and Ooma says they own that image.

The problem turns out to be that if you do a search on Google (or “the Google” as Figueroa calls it), the image in question appears at the top of the results and is linked to TechCrunch. Why? Well we did some digging and it turns out that someone linked to the image in a comment to one of our posts.

I explained all of this to Figueroa on the phone but he insisted that Google bought us and that we need to remove the image from Google immediately. Sadly, Google has not acquired us, and I have no easy method for removing images from Google’s servers.

Normally I’d just let something like this drop since this guy doesn’t understand anything about copyright law or the Internet, but he has also been calling and emailing our advertisers and threatening to sue them, too (listen to the voicemail below). They are understandably concerned, and Heather and I now have to spend time today calming everyone down.

Don’t be this guy.

The voicemail below is to one of our advertisers. Listen to a second one, sent to Ooma, here.

Update: Starting at comment #79 below it looks like Richard weighs in with a number of comments. In comment no. 113 he tried to post my phone number and get people to call me and complain but I just deleted it.

Update 2:
Richard has been calling me this evening saying people are crank calling him and that he will take “legal activation” against everyone who calls him. I’ve removed the phone number above. Please stop calling him because he just calls me afterwards.

Update 3: So the link to TechCrunch on Google’s search results is gone and the picture now links to Yahoo Answers. Richard still isn’t happy and is demanding I link that search result to him. I’m just speechless.

Update 4: Richard apologizes.

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Laugh. Out. Loud.

 

Am i the only one who sees 150M dollars and not $150,000 or $1.5M?

Also, this photographer can probably thank (and sue) this doosh for lost business because of this. This isn’t how legal disputes are handled.

 

Oh my god. This is so freaking hillarious. Some people are just flat out dumb. I know I’m not smart, but now I’m glad to know that at least I’m smarter than some people out there. A lot of morons in this world.

 

You can use my images anytime - sweetie!

 

This made my day - Richard Figueroa you are a douche bag (please don’t sue me for saying so)

 

People like this can be sued for unjustified threat.

 

sueing 2.0? Dun try to be outsmart others, when u dun even know what internet is all about…..Get a blog, n sue any1 u like…..RICHARD!

 

$150,000 for a single photo use seems a bit unrealistic.

Surely you could sue him for his actions.

 
 

Mike,

You should threaten this guy with a slander/libel lawsuit. He’s clearly hurting your business.

Can I draft the letter for you? I’ll do it for free if you hook me up with the next TC party tickets ;-) J/K.

Vik

 

I forgot people like this existed.

 

Sorry they are wasting your time Mike. I doubt they know you’re a lawyer. Ridiculous!

 

What a complete Douche. If you are going to send a threating *legal* looking note at least do spell/grammar check.

Mike - your a lawyer, you should file a counter suit just for fun against this guy for trying to shake you and your advertisers down.

 

Stupid people tend to be litigious.

 
 

That is what I call “clown City” Please please please follow up on this and let us know how you are paying him MA?

 

This is ridiculous, too say the least.

I’m glad that I’m living in Canada!

I bet they will have a few phone calls from Techcrunch readers… well I hope so!

 

Please send money to MY Pay Pal Account for the Mike Arrington legal defense fund.

That was a joke people.

 

Beth is upset that your company has been using his image to generate traffic and revenue to your company without her permission.

Isn’t ‘Beth’ a female?

How rediculous can one be who has no actual knowledge of what they talk about? I suggest to Richard, that he immediately attends an 8am appointment at the Special Needs Care Unit, seriously.. Wake up you delinquent, you only fool yourself!

 

Wow - hang in there Michael and Heather - this is one of the joys of doing business (you had nothing better to do today, right?!).

I love the way that this nutjob doesn’t even know where to put the ‘,’s in the sum of $1.5m!

 

Hahahaha. Counter-sue for Libel just for fun.

 

Richard Figaroa is a moron!

 

Definitely spell/grammar check. No representative of the legal system should ever make as many errors as this guy.

Notice the second sentence, the guy refers to Beth as a guy at first (his) and then as a girl (her). LOL.

In regards to the amount. First I see him asking for $150,000. Then he threatens to sue for $1,500,000. Then he finally asks for a check in the amount of $150,000,00. Is that $15mil? A comma where a period should be? AMBIGUITY!

Fun stuff.

 

Richard Figueroa is my hero. Another gift for you, Richard:
http://www.oroscopi.com/sfondi.....15;768.jpg

Now you can go for an even $3 mil

 

Your using my name (StupidLawyerTricks2), so you must pay me 150,000 or I will sue for 1.5M. I see how this works now… NOT!

 

this has to be the funniest thing I’ve read all day…

 

@Adam & Hunter, I think this is more of his bad grammar. I think “his image” was meant to mean image of Ashton, not possession of Beth’s.

In any case, God Bless our litigious society. It sucks to have to retain legal counsel just to deal with these jerkwads.

 

Um….fair use?

 

Nigerian Scammer!

 

Be careful this dude’s from Alabama. Laws there work a little differently.

 

Some people have become quite prosperous thau way!

http://fakesteveballmer.blogspot.com

 

Here’s Beth’s email address

Have a field day… ooops don’t sue me

beth@bethboldt.com

 

I think this guy works for the record industry as well. :)

 

fake steve ballmer please go away

 

Possibly the funniest thing on the tubes for a while!! Way to know you’re a fake lawyer… “oh hi sir… calling on behalf of the asten crutchen photo leading to tech erm website”

 

Richard is a turd.

 

“but he insisted that Google bought us and that we need to remove the image from Google immediately”.
So call up Google and Sue them!

 

Oppss…someone has made a fool of himself and got massive exposure

 

I think that since it’s a copyrighted image which was hosted on oroscopi.com’s website…he should go after them. Technologically at least.

He wants to go after Google, Oroscopi and TechCrunch.

 

Mike,

Unfortunately an idiot with whom you have no affiliation can create a mountain of work for you. It makes me wonder why you are no longer practicing law. I can’t wait to see the scribd (or docstoc) posting of the lawsuit with the link (posted by TechCrunch, of course) to the attorney’s listing in the yellow pages. Only the highest quality attorneys obtain their clients from the yellow pages. I’m sure their listing appears right next to WSGR’s.

 

This reminds me of the Nigerian businessman hustle.

 

This guy sounds scary Mike. If he’s willing to track down and harass your advertisers, he may just have the nerve to show up on your doorstep. Tread carefully wit people like this..

 

I have a great idea for traffic. Send in a crazy letter regarding my eminent lawsuit on the grounds that you didn’t do xyz or you posted something about abc. Sure I may look crazy, and an ass… but hopefully I get some traffic out of it. Hell, I could do that to lots of blogs. Imagine the traffic I would get! :-) (kidding of course)

Seriously though, thanks for the post this was quite entertaining.

 

in the voicemail: “for the past couple ‘a years”?

Your original post isn’t that old. I’m confused. Then again, so is this guy, so I’ll not lose sleep over it.

 

Clearly you’re being punk’d….

 

The photo in question isn’t even hosted on the TechCrunch website. The Google result may be linked to TechCrunch but the photo is hosted at oroscopi.com. And it appears that the photo never even appeared on the TechCrunch site. If people start suing over links we’re going to have to outsource the U.S. court system to get more help with all the filing.

 

Hey guys…do you have my money yet? Just go ahead and make it out to cash. kthxbai.

 

Wow. This really does sound like a Nigerian scammer sort of thing.

 

ass clown of the year ()()

 

What an asshat.

 

Wow, I live down the street from this genius.

Maybe, I can drop off an Internet for Dummies book off there???

 

Richard - the men in white coats will be there shortly…

 

Best. blog. post. title. ever.

 

Just a bad wedding photographer with nothing better to do :)

 

List of to-dos:
1. Teach photographers about digital media and the inter-webs (I know, it’s a series of tubes…).
2. Teach lawyers about.. Bah. Not worth it.

q. What’s the difference between a dead lawyer in the road and a dead snake in the road?
a. There are skidmarks in front of the snake.

 

Michael, it’s quite evident that “You Don’t Know Dick” (to use Jon Stewart’s classic line). Richard/Dick should worry more about how to get laid. What a douche bag.

 

This is Ashton. These people are assholes and I do not endorse them. Go buy Ooma products.

 

Hey Richard your a !@#!ing LOSER! I hope to god the publish your picture so that you get laughed out of your industry….DORK!

 

You know Michael, you are provoking this, because I you are giving these “offenders” unprecedented publicity. Just think of how many people found out about BethBoldt who never heard of them before ;) Makes me want to find some reason to sue you too :)) (just kiddin)

 

58 comments @ $150K each = I’m reeeeccchhhhh!!!!

 

Does this flaming douche nozzle think for one second that anyone is going to take him seriously with his little invoice. WOW.

 

Anyone live in Huntsville, AL? I’m curious what exists at 201 Dement St.

 

Well, I better jump on the bandwagon:

I’m suing Arrington and TechCrunch for $200,000 due to their failure to write about my stellar interviews with the world’s leading luminaries in technology and business. In addition, they’ve refused to cover big stories that were first broke on my web site.

I am calling a lawyer right now, because I finally see an end to this two year drought of little income as a social media producer. Hawaii, here I come — all courtesy of MA and TC. Woohoo!

 

Unfortunately for them, you’d probably start ranking for their names since TC has a strong pagerank. So people will see this post and how stupid they are moving forward….

 

Here’s Richards email

what a sad sad little man — let him know

richard@downtownphotographer.com

 

I represent Richard Figueroa and we are seeking legal damages against all of you posters here on The Tech because your posts appear next to banner adds that advertisers are using to take space away from other Ashton Kutcher pictures that “The Photographer” has taken, and which Mike Arrington is probably planning to link on his page from The Gooogle. If every poster here sends R.F. $12,000 we will call it even and not take this matter to court or alert the press. By the way, I am not a lawyer, but if you do not send us the money we will be forced to consult an attorney at some later date.

 

Mike, just sue them because of extreme anxiety, mental trauma and potential lack of sleep caused because they used “,” instead of a “.”.

 

What a tool. I wonder if he goes by the oft shortened form of “Richard”? Dick seems to fit him better….

 

OK then. $2000???

 

Is this some kind of silly joke? $150,000 would take of 3 generations of family in Alabama. The nerve to ask for $1.5M which takes care of 10 generations.

and yes, “The Google” is to blame. Things like these make me feel better about myself.

 
 
former NC beauty queen - October 11th, 2007 at 5:44 pm PDT

I love the “I am contacting you on behalf of the image”. Finally someone is sticking up for the poor images, but I don’t think this guy is a lawyer. He doesn’t claim to be and from his poor grammar and spelling to his clumsy veiled threats, I would suggest he couldn’t get into law school (even that phony religious school), let alone graduate.

 

Hilarious. The internet and “the Google” (which must be somewhere near “The Iraq”) keeps sucking in the noobs faster than the rest of us can keep up.

Bethboldts website (bethboldt.com) says “coming soon”, so maybe her and her delirious boyfriend need the $150K to pay for an actual website. But Ricardo’s site is full of images - all for the taking. I would have put one on my site just to help spread out the love here, but all the models (incl. Kutcher’s) look so, so, … well, I won’t say, but suffice to say that the men didn’t have enough clothes on for my tastes.

The real question is… did Ashton know this creep was taking his photo? He had that very real stalker/peeping Tom type voice. Oh, gee. I hope he doesn’t sue me for $150,000. I might have to escape to “The Mexico”.

 

Anyone know what program is used to play the the first voicemail that the lawyer left that is posted at the end of the story? thanks for the help!!!

 

This guy is delusional to think Ashton Kutcher’s photo had ANY impact on your traffic. Does he realize your business model and demographics - who cares about Kutcher? Additionally, your original post was simply a photo of one of the company’s principals - who happens to be Kutcher. Maybe he should sue the company too for using Kuther’s photo - heck .. sue the company for hiring Kutcher.

 

Mike,

I think you *finally* found a business use for that ‘random phone dialer’ you bashed a few months ago.

A crunch-dialing session sounds like fun!!!!

 

Counter sue his ass for wasting your time and your emplyoyees time for lost wages !!! this is freakin ridiculous… :)

 
motion for continuance - October 11th, 2007 at 5:53 pm PDT

Mike, can we sue Richard for wasting all of the man-hours that will go into responses to this post? methinks we’ll set a new TC record for responses.

 

Being Stupid And Litigious Is No Way To Go Through Life
Neither is robing people of there work.

 

How about you working and not getting paid for it? I bet this board would be full of complainers.

 

wait for it






Douche.

 

What a tool. Had this moron gone to the site actually hosting the image, he would see that is is an Italian site owned by Conde Nast. This photographer probably sold the photo to one of their magazines (e.g. Vanity Fair) or something, and Nast is now using the photo on one of their other properties. Happens quite a bit in publishing, and this permission is probably granted in the photographer’s original contract.

 

@ richard

If that is really you? No one here stole anything from you. You are a douche bag and an extortionist. A simple take the image down note would have been plenty. go back to your mayonnaise sandwiches and banning you sister and leave the lawyering to a professional

 

I tried to get ahold of techcrunch and they did not respond,so I took it on my self to try to find out why Beth’s work was being used by techcrunch to generate traffic to there website. Now if techcrunch has nothing to do with it then we still have a problem with copright material being hijacked for promotional usage.

 

how is it extortion? and the insults are a reflection of your soul.You abviously must work for free??

 

@ Richard

Did Beth sell the image to Conde Nast? That is who is hosting the image. My guess is that yes she did and GOT PAID. Douche Douche Douche

 

All I know is that the safe is being robed and techcrunch has there fingerprints all over it.

 

Mike, please counter sue this guy for his idiocy. I think we have an advance nominee for the Darwin award! :P

 

jack, you don’t understand the industry so I would bud out. No she didn’t sell to nast we have an agent who handles the selling and they are investigating it now.

 
 

I found this part particularly amusing…

“My name is Richard Figueroa and I am contacting you on behalf of the image you are using of Ashton Kutcher…”

So was it the photo that asked Mr. Figueroa to contact you? Or was it Beth?

I believe he meant to say…

“My name is Richard Figueroa and I am contacting you in regards to the image you are using of Ashton Kutcher…”

 

Sending some one a *bill* with a threat of a lawsuit that has no merit is extortion. You deserve the insults based on your poorly written letter and threats. All you needed to do was look at the image and see that Conde Nast was hosting it. Pretty simple unless you are a complete douche bag looking for a quick payday. Which you are.

and no I don’t work for free and either do you. I am sure that CN paid your precious beth for her photo. Did she pay Ashton for his time when he was in high school? probably not

 
welcome richard.... - October 11th, 2007 at 6:06 pm PDT

enjoy your 15 minutes. Andy is turning over in his grave.

 

TechCrunch hasn’t done anything wrong, but IF someone has contacted your advertisers and told them falsehoods, that person may be liable for tortious interference — I quote from Wikipedia, the encyclopedia that anyone can edit (IANAL) this tort occurs “when a person intentionally damages the plaintiff’s contractual or other business relationships.”

 

Richard falls under the classification: ASI, or American Standard Idiot.
ASI problems with logic and rational thought always relate to money. They tend to congregate together, seeking support from fellow ASIs as they blunder their way through life’s complexities, and occasionally stumble into the harsh light their not so dim peers, as now. Only then is the ASI actually dangerous, for the ASI sees non-ASIs as the enemy, non-believers, takers, hoarders, and thieves who have what the ASI seeks: money.
Feel free to mock, but be wary, as a cornered ASI can lash out violently, for it does not understand we are all humans on a planet in a galaxy in a universe, but instead sees the world as only me and not-me, and not-me is fair game in its quest for $$$.

 

Richard Figueroa should drop the sue. Otherwise, it can damage child or grandchildren’s reputation and hurting themselves where they can’t get accept to best private schools and corporate jobs.

Just drop it.

 

@ comment 87

“there”? Where? Over here? Over there?
“robed”? Is it that comfy one from the Westin?

Douche - time to stop.

 

Well, if you scroll over the image you will see techcrunh linked to it.and yes I think beth should be paid for all the revenue this site generates with people clicking on the ashton picture leads them to techcrunch.When someone types Ashton Kutcher in google the copyrighted image shows up first. people click on that image thinking there going to see information about ashton, and lo and behold techcrunch pops up and what’s on there website? a bunch of advertisers making money off the copyrighted image that Beth had shot.

 

“my advice to you is…pay the money” –Rush Hour, movie quote

lol

don’t succomb to the man, arrington - fight the case, stick it to the man

 
 

Hell Michael - just give him one of those fake cashier’s checks - I have a few friends in Nigeria - should I have them send one to you?

lol

 

Richard, you’re a fucking idiot, that’s all there is to it. Learn how the internet works and then go kill yourself for wasting everyone’s time with your bullshit.

 

The image will be removed soon and the traffic here will die down also.

 

RichardFigueroa.com is available. Someone should register it and hang a douch-bag on it.

 

Be carefull what you say to people you reap what you sow in this life and the after.

 

this is about as stupid as the Nigerian email scam. Does this guy, who obviously doesn’t know where to insert the comma in the dollar figures, expect to be cut a check? Stupid is as stupid does

 
 

Richard - you are a peanut-enriched turd that weighs in at around 10 Courics. Go tackle the bus that I know you are riding home tonight.

 

Dude is an idiot. Ok.

I don’t know about you all, but I live in a world where I got used to dealing with retards a long time ago.

 

OK - This is no freaking joke. I just got this legal action email 5 minutes ago to BunkerShot.com Golf. Where do these people come from?

(Can you say capitals and punctuation)

dear sir/madame

my name is graham smith in 2001 i invented the solar powered vending machine please remove form your site the article of the solar powered vending machine the person who did this has been arrested by the British fraud police office i am a famous inventor of products in the European union and now in the usa please remove the article or you to can be sued for displaying it

you can see the evidence at my website http://www.grayhatch.com

many thanks

graham smith inventor

i will give you 24 hours to remove it if not i will then instruct my Florida lawyers

 

Richard, as I said on the phone, just get a lawyer and have him or her contact me.

 

O M G

What a frickin moron who has no understanding of how the internet works…

 

Michael, When we get to the bottom of this then we will se wht kind of legal action should be pursued. by the way feel free to give Michael a call and ask him yourself the phone lines are open:925-XXX-XXXX
415-XXX-XXXX
415–XXXX

 

Richard, you can’t post my contact information on this blog because I can just edit it out, which I did.

 

HAHAHAHAH

Mike — that was Awsome!!!!

 

btw..

Beth never paid me for the photo shoot, maybe I’ll sue

 

Oh,hippocrit double standard?whats right for him is not right for me? where’s the freedom of speec Michael?

 

Best dustup since M.C. Hammer.

 

Just add it to the lawsuit, Richard.

 

Michael, I guess by you giving our number out is ok with you which is fine, but you will see we will win in the end.

 

richard, you need an intervention

but feel free to continue to post comments, you moron, we’re all having a good horse laugh over it

 

ag, what do U do for a living?

 

oompa loompa doompity flad,
i think this guy has got to be mad.

oompa loopa floompity glug,
ignore his comments and give him a hug.

 

Richard

Can you spell at all?? You are in the wrong here. TC did nothing and nothing to gain from a MY photo. You are leach. First you leach off of Ashton and TC, Google whoever will pay you to go away. For shame

FYI — Blackmail is illegal and a sin

I would just drop it and go shoot some prom pictures

 

I was one of the advertisers Richard called and spoke to. He was saying that we indirectly benefit from the image and that now we (!) owe him money and should settle because we advertise on TechCrunch. How is that for logic?
I have to tell you, his call was a very unwelcome intrusion in my busy day and threw me off for good 15 minutes.
Obviously there is no blame with TechCrunch, I am happy to see this post, now everything started to make sense.
Funny thing, I had no idea who Ashton Kutcher is (even to the extent whether Ashton is male or female) before this thing :-)

 

As of a few minutes ago, it seems somebody out in Nova Scotia took the liberty of registering richardfigueroa.com. I look forward to the public humiliation this guy completely deserves.

Oh, and Richard… Please learn to spell. Please. For the children.

 

Mike, can I sue you for linking to me and stealing all of my traffic?

Just checking.

 
isitaprilfirstalready - October 11th, 2007 at 6:59 pm PDT

Fake, fake.. jeez.. come on.. are you really falling for this?

 

Michael is breaking the law and he knows it. he didn’t even offer to appologize for being a pirate.

 

@ Chief Apricot

Classic, truly classic …. lol

 

(it’s talk like a pirate day?)

 

Who is Ashton Kutcher ?

 

You people laugh now but when someone stelas something of yours and makes money off of it then it won’t be so much of a joke.

 

P.S & what does he have to do with tech or techcrunch?

 

TechCrunch didn’t steal anything — get that through your head.

 

Richard, I’m in the same business as U. I just don’t have tons of admirers to offer up their support when idiots get a license to post comments online

 

Hey, I will enjoy the publicity I will get from you people here.

 

Richard

What law was broken? How did you figure the $150k was the damages? Do you realize that you broke the law by trying to extort money out of Tech Crunch and their advertisers?

Do ya?

 

Richard, where do I start?… Listen, you’re mistaken here. You’re getting mad for no reason. Michael didn’t steal anything from you. You happen to have a mistaken understanding of how the internet works.

And did you just call Michael a pirate?

 

stop laffing! I fucking kill you michael arrrington!

 

Douche?

Yes.

Douche.

I’m supposed to be burning the midnight lamp but I can’t stop watching this particular show.