Ubisoft v. Kyanka [1]

Summary

Threat Type:

Correspondence

Date:

11/15/2007

Status:

Pending

Location:

Missouri

Verdict or Settlement Amount:

N/A

Legal Claims:

False Advertising

Harassment

Intentional Infliction of Emotional Distress

Right of Publicity

Trademark Infringement

Trademark Dilution

Unfair Competition

Richard "Lowtax" Kyanka is the webmaster of SomethingAwful, an online community forum with the catch phrase: "The Internet Makes You Stupid." A member of the community posted a link on the forum to a comic that depicted Jade Raymond engaged in... read full description

Parties

Party Receiving Legal Threat:

Richard Kyanka

Type of Party:

Individual

Large Organization

Type of Party:

Individual

Location of Party:

California
France

Location of Party:

Missouri

Legal Counsel:

David Anderson

Description

Richard "Lowtax" Kyanka is the webmaster of SomethingAwful [2], an online community forum with the catch phrase: "The Internet Makes You Stupid." A member of the community posted a link on the forum to a comic that depicted Jade Raymond engaged in sexual activities. Raymond is a video game producer for Ubisoft.

Ubisoft sent Kyanka a cease-and-desist letter, demanding that the comic be taken down from the site and threatening legal action. The letter claims that the comic infringed upon Ms. Raymond's "personal rights," caused emotional distress, and constituted trademark infringement, among other things.

Mr. Kyanka posted the letter on SomethingAwful in his own forum posting. In the posting, Kyanka claimed that he had no connection to the comic except that a link to it was posted on the forum. He said that he does not know who drew the comic and does not know where the image is located. Kyanka also sent Ubisoft's legal counsel a reply email [3], indicating that perhaps he did not take the legal threat seriously:

Please let it be known that hereforth I have read the express mail and email sent thereforth by Famous Lawyer David Anderson of the Famous Lawyer Law Business of Nixon Peabody LLP, and furthermore a declaration shall be expressed on the part of Internet User Rich “Lowtax” Kyanka that that forth herethrough I have conducted rigorous tests implemented through a vigorous barrage of legal studies, and furthermore hitherthrough these rigorous tests have therefore proven Famous Lawyer David Anderson of the Famous Lawyer Law Business of Nixon Peabody LLP shall be recognized as a man of the fag persuasion.

Pursuant to the United Dairy Council

Rich “Lowtax” Kyanka
Internet

The link to the comic is no longer on SomethingAwful, and Ubisoft has not taken any legal action against Kyanka.

Details

Web Site(s) Involved:

The Something Awful Forums [12]

The Something Awful Forums: Ubisoft is going to sue me and I think it's probably your fault [3] (link does not work as 6/09/2008)

Content Type:

Text
Graphic

Publication Medium:

Forum

Subject Area:

Linking
Third-Party Content
Trademark
Right of Publicity
Business Torts

Court Information & Documents

Jurisdiction:

Missouri

Source of Law:

United States

CMLP Information (Private)

CMLP Notes:

Requested a PDF of the letter from Kyanka, but haven't heard anything back yet. -Stefani

SB - we have a copy of the comic at issue. We probably don't want to post it, as it is sexually explicit.

DA - I agree.

As of 6/09/2008 - no developments. Do we still want to try and get the letter? (JMC)

Comments

Ubisoft v. Kyanka [13]

Amazing, simply amazing. After playing FarCry, I thought that Ubisoft should have stopped stealing from other game producers. Now, I cannot believe such a well noted company would have hired such incompetent legal representation. To make such claims, and especially against a web site for a user's FORUM post, Ubisoft should dissolve and hide their shameful faces from the net. You cannot tell me that such blatant idiots with such little knowledge of the law can make it past the bar exam.

Quote: Legal Claims: False Advertising; Harassment; Intentional Infliction of Emotional Distress; Right of Publicity; Trademark Infringement; Trademark Dilution; Unfair Competition..

First, learn what false advertising, trademark infringement/dilution are!! Unfair competition?!?!?! SA did not produce a patent that granted them exclusive production of a competing product! What morons!! Trademark infringement? Did SA stamp Ubersuck on their front page? False Advertising?!? Did they promise a particular price or claim performance of a salable item that was untrue?!

I now hereby personally will boycott all Ubisoft games. In addition, I will make it my personal goal to inform as many people on the net about this, and see to it that their sales drop from their own stupidity.

I guess the internet does 'make you stupid;'
Ubisoft is proving that every moment.

Stop supporting Kyanka when he asks you for [14]

Obviously the former comment was written by someone who favours Something Awful. Please note how Kyanka, who is a white straight gyu, makes use of the word "fag" in his reply. I think he's abusing his power of influence on people by now, yet nobody wants to stand up against him, because else he will turn his brainwashed lynch mob on them.

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