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OMG U FAIL SO HARD


EDITOR’S NOTE: This post is in response to an email FAIL Blog received from an attorney representing Guinness World Records Limited.

Dear Sir/Madam,

Thanks for writing us an email regarding the “Record Breaking Fail”. Unfortunately, douchebaggy cyber-bullying emails will only bring upon you more shame on your house. I am also resisting the urge to write this email in ALL CAPS.

I believe it is the duty of FAIL Blog(TM) to call out organizations when they encourage the public to do such things as “Break the record” for the “Most Individuals Killed In A Terrorist Act”. We firmly believe that our publication of your fail is protected under the concepts of fair use, commentary and non-trademark use. Please RTFM and we welcome you to teh interwebs.

Since we at FAIL Blog(TM) don’t have a legal defense department, we have complied with your request to remove the trademarked term and logo from the original image. We have used the “naughty bits filter” on the image to secure your naughty, naughty, trademark assertions. However, we have posted your email so that our audience can see why we had to remove the name of the failer from the image. I hope that this is the outcome you have expected as now NO ONE WILL EVER KNOW THAT GUINNESS WORLD RECORDS LIMITED HAS FAILED.

The full legal response can be read here: icanhaz.com/legalresponse

Cheers,
FAIL Blog

P.S.: This is what we think of your letter.

Guinness Legal Notice on FAIL Blog

Incorrect source or offensive?

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» 1,230 Failures in Communication

  1. meep says:

    First!

  2. meep says:

    Sorry…

    • Not_you says:

      there is nothing to be sorry about. FB is indeed protected by fair use: this is parody. they should not have removed the logo. don’t cave in to those douchebaggy cyber-bullies.

      • Avis says:

        I believe Larry Flynt (sp?) set the precedent for pointing out that parody is legal.

        • Nick says:

          That’s not entirely accurate.

          Fallwell v. Hustler resulted in the judgement that celebrities cannot sue for “intentional infliction of emotional distress” when the material in question is clearly and obviously a parody.

      • Mark Hall says:

        Actually, it is not parody, since the image presented wasn’t modified in any way (prior to the “naughty bits filter”). However, it is still fair use, as it is a brief, editorial usage, leaving all rights and responsibilities with the trademark holder.

        • RS says:

          Actually if you check the archives on w3b.archive.org (change the 3 to an e), you can find archives of this page that have essentially the same layout, but none with the “Break this record” link. If you look at more vanilla records on the site from around the same time, most of them have the “Break this record” link, so I’m going to guess this is a parody being passed off as a real screen grab, which is bordering on libel if you ask me.

          • Someone Nicer than Jenny says:

            I was wondering about failblog being a 3rd party in this matter anyway. The image was submitted by someone who either did a straight up screen grab or altered it.

            • LawGeek says:

              Section 230 isn’t going to apply here, since FB is an active content editor. They’re too selective about what they post for the Drudge/AOL defense :P

          • senrath says:

            Not necessarily. Judging by the fact that the archive doesn’t have anything newer than a 2006 copy, it’s entirely possible that during a site update or whatnot, the “Break This Record” option was added to the page, either on purpose or, more likely, accidentally.

          • Rohvannyn says:

            Good point, but since the attorney didn’t say that, it would make sense that this was a real image. I don’t think they would have passed up such an obvious chance.

          • Stever says:

            I wrote a similar comment wayyyyyy down below, but it’s stuck in moderations due to including links, so here goes again.

            If you do a backlink check on the old page using Yahoo you can find a number of forum and blog posts from 2003 linking to it, and they were back then commenting on the “break this record link”. So seems the link was actually there at some point.

            Wayback machine copies of the page for 2003 and 2004 are partial framed versions missing all navigation links so you cant tell if the bad link was there or not back then. 2005 and 2006 copies of the page don’t have the bad link there. 2007, 08 and 09 have nothing for that page. Either way the link was removed ages ago. Looks like the page itself was removed more recently, but it’s not stuck in Google’s cache so was likely not removed just within past few days or so since the FailBlog exposure.

            Maybe failblog can stumble across the United Airlines Breaks Guitars video on Youtube, in like 3 years for now, and resurrect another old forgotten public relations ‘faux pas’ from the dead again. lol

        • Someone Nicer than Jenny says:

          I was wondering about failblog being a 3rd party in this matter anyway. The !mage was submitted by someone who either did a straight up screen grab or altered it.
          *please excuse my !mage mistake*

  3. bearssmoke says:

    troll! ima piss mah self!! gtfo

  4. Larwick says:

    OooooooOOOOoooOOOooooOOOh.

    • Someone Nicer than Jenny says:

      That sounds painful – you should have a doctor look at that.

      • Larwick says:

        No one can help me.

        • Brewski says:

          What you need is an ohectomy.
          SNTJ, got a scalpel?

          • Qwaz says:

            Are you in here talking to yourself, Dr. Brewski?

            • Yeah, there’s No One Nicer than Jenny

              (poor fellow going senile; thinks he’s a Doctor & talking to thin air)

              • Qwaz says:

                This may become wierder than the finale of St. Elsewhere.

                • Someone Nicer than Jenny says:

                  Scalpel
                  *hands*
                  I added the Jenny part back in the name for you, and now you call me SNTJ?????

                  • Qwaz says:

                    I’m just assuming that was aimed at me so…
                    To make up for it I won’t volunteer you for the train track.

                    • Someone Nicer than Jenny says:

                      Hmmmm I think we are moving at the speed of a real E.R.
                      *I feel a little overwhelmed from the amount of stuff I missed today.*

                      • Qwaz says:

                        Today was a bit hectic, wasn’t it?
                        I think it must have been the lurk convention that threw everyone off their game.
                        I also need those X-rays, STAT!

                        • Someone Nicer than Jenny says:

                          Dragon said there would be days like this.
                          *takes break*
                          *drinks 8 Pepsis*
                          *ponders the plural of Pepsi*
                          *Sets X-rays on the counter*
                          My hubby took the extra pizza to his fellow workers last night. They thought I bought it for them :)

                        • Qwaz says:

                          *prefers Dr. Pepper*
                          *figures it would be Pepsii (pronounced Peps-Eye)*
                          *Examines X-rays, not lookin to good.*
                          I wonder what kind of favor you can call in off that one.

                        • Someone Nicer than Jenny says:

                          Larwick passed away just after 6:00pm this evening during a routine ohectomy. There was no doctor available to comment on the situation.
                          *goodnight*

                        • Dearly Beloved, we gather here today to celebrate the tragic death of our dear friend Larwick. He/She/It enjoyed life even to the very end.

                          He/She/It contributed greatly to the FailBlog Community blissfully inserting odd comments with a well meaning generosity. I shall always remember Larwick saying, “OooooooOOOOoooOOOooooOOOh,” and always wonder what it meant.

                        • Qwaz says:

                          *Sniff*
                          I remember once when Larwick said
                          “OooooooOOOOoooOOOooooOOOh.”
                          I laughed so hard that day, but I was making fun of him and now I feel like a terrible friend.
                          He/she/it will be missed dearly by all that knew him.

    • GAF DROL says:

      Jawsus is it your birthday again?

  5. Ms B ♥ says:

    Ok, they have no legal department. How many law firm employees do we have around here that can help them out?!

  6. ZombieApocalypse says:

    Sweet, bonus fail! Isn’t it funny how some entities have to cut off their own noses to spite their faces?

    • Brewski says:

      I just hope they don’t get pissed off. It doesn’t require a case with merit to make life hellish for a small company.

      • Brewski says:

        PS: I worked for a company that got sued out of existence by a much much larger douchebaggy company. The case had no merit, but as a startup we didn’t have the financial resources to pay the lawyers to contest it. And the litigation scared away all our investors and vencap firms. So the company folded. They actually had funding lined up until these assholes sued, to prevent their competitors from getting our technology.

        • Chris says:

          I am really sorry to hear that. More proof that lawsuits hurt everyone.

          • Starfish says:

            Just playing devil’s advocate here, but there have been quite a few beneficial lawsuits throughout history. Don’t you think?

            • Brewski says:

              Of course. Litigation is quite necessary. But unfortunately, the rich and powerful can abuse it.

              • Starfish says:

                I know Brewski, I was just playing with Chris and hopefully starting a litigation themed pun run with my devil’s advocate line. My mom owns a company that was just sued by a much larger competitor. The case was eventually dropped but she still owes her lawyer 150K. Yikes.

            • Sadukat says:

              Yes, lawsuits CAN be good, but, like most good things, can be taken to excess. Hence another stereotype: The person who sues everything, and when someone says something bad to them, like “I think you should stop sueing people” they scream “I’LL SEE YOU IN COURT BIATCH!”

              • yourprecious says:

                Personal favorite: former boss who bitched about how much she hated students threatening legal action against her and saying they’d see her in court. When I quit and was contemplating filing a complaint against the institution (with the labor board…among other boards), she sent me a LAWSUIT THREATENING EMAIL for staying in contact with any of my coworkers, among other things.

                O NOES MAYBE SHE WILL REED TIHS AN TRIE 2 SUE MEH!

        • Michelle says:

          I’d venture in the age of teh interwebs, that kind of douchebaggery would undoubtedly backfire in the face of any “much much larger” company.

  7. skwirrlgrrl says:

    Last!

  8. Hello says:

    could have been fir…

  9. Blantant says:

    Posting in an epic WIN

  10. John_n says:

    damn it why did i click the link ¬_¬

  11. nightmistresskittie says:

    my new favorite FAIL!

  12. Rae says:

    Well played, Failblog. *salutes*

  13. chief says:

    well link win?

  14. Meowmy Cat says:

    LOLOLOLZ Sick burn WIN

  15. Dick says:

    Is it still on the site? I can’t find it.

  16. Riel says:

    This website has some good arguments about why what Failblog did was in fact legal.

    http://www.eff.org/issues/bloggers/legal/liability/IP

  17. Lee says:

    Damn, you gave ‘em hell. Even a Rickroll, that’s pretty much “IN THA FACE, BITCH!” :)

  18. Blog Ninja (Blog Monster) says:

    Malicite needed in aisle four. Malicite, aisle four.

  19. TheFirst says:

    LOL!

    Almost as funny as the responses from Teh PirateBay!

  20. Craphter says:

    Hey… I didnt want to read alll that text… where’s the fail?

  21. Chris says:

    Way to go, FAILBlog. Throwing their trash right back in their faces. Too bad these lawyers don’t know enough US copyright law to understand “fair use”.

    And Rickroll=win.

  22. Ray says:

    GWRL Fail!

  23. Bob says:

    All that and a RickRoll too… gotta love it.

  24. John says:

    Understanding the point FAIL.

    They asked for you to remove their logo. They never asked for you to whine about why you deserved to publish the FAIL to begin with.

  25. set square says:

    Understanding the internet FAIL

  26. Rhyle says:

    Y’know…I’m pretty sure if I worked for the GWoR I’d feel the same way about your website trolling all over my hard worked, expensive copyrighted logo.

    Yeah…it seems like a sense of humour FAIL is required to work within those four walls in London…and I certainly qualify there.

    Excellent response and I look forward to their next missive!

  27. Craphter says:

    Ok, so now i read it ALL and Im confused…

  28. Lindse says:

    I LOVE IT! TAKE THAT GWRL!!!

  29. TimmyP says:

    Rickrolled=*EPIC WIN!*

  30. Aja says:

    My Goodness My Guiness.

  31. Mr. Spock says:

    Can we set a world record for spamming their message boards with U FAIL?

  32. Zé pixas says:

    Did he die?

  33. Mistletoe says:

    At the risk of further infringing on trademarks… BRILLIANT!!!

  34. champz says:

    LOL

  35. Jonathan says:

    well done!

    What a bunch of sanctimonious losers.

  36. sdgsanöbnoe says:

    good job, failblog. keep it up.

  37. Qwaz says:

    That darn unknown world record site.
    They know the rules and so does FB.

  38. Allison says:

    I can’t believe you just rickrolld the guinness book of world records
    aha

  39. niki says:

    evree1 already nos its guiness

  40. SgtPepper says:

    I’d say: World record fail!

  41. Makes me wonder if they’ll then ask you to remove the mention of their name period.

  42. filip00 says:

    this is effin fantastic!! reminds me of the responses left by piratebay

  43. Tricksy Hobbit says:

    Awesome! Trust theirs lawyer to turn a simple Fail into an epic douchebag lawyer FAIL!

    • Starfish says:

      Lawyers are false! We cants trust them now can we precious?

    • Great Scott! - Working the FB evening shift says:

      It’s a huge lawyer fail IMHO, as it looks very much like a form email. I doubt whoever sent it realized the context at all. They’ll learn the hard way to spend a few minutes doing research before firing off something like this. Or they may be so big nobody will give a damn.

  44. Tylatz says:

    It’s a FAIL WIN! I think my head just imploded. How is it possible for FAIL to WIN?

  45. LessBias says:

    I’ll have to say, I fully approve of your method of Rick Roll.
    I bet the poor sap is required to go click that =p.
    Pwnt.

  46. Dylan says:

    Failblog= EPIC WIN!!!

  47. Lilith says:

    IN! YOUR! FACE! (link included, may contain traces of Obama!)

  48. Nastybedazzler says:

    That was pretty funny.

  49. Princess Platypus says:

    Oh, look! You can follow these FAILers on Twitter:

    http://twitter.com/craigglenday

    http://www.guinnessworldrecords.com/editor/

  50. Sean Connery says:

    How do I write to Guinness World Records to harass them? I also dare someone to use the right disguising materials and send their lawyers a computer hack like in Jurassic Park.

  51. Jesse says:

    Speaking of being “douchebaggy”, what an unbelievably childish response to a valid complaint.

    • Grrr Power says:

      You see a valid complaint?
      FAIL.

    • Rosie says:

      Where?

      Surely you can’t be referring to anything that occurred here? Guiness World Records self-pwnd and got called on it, got their knickers in a twist and got laughed at for trying to suppress the fact that they invited people to TRY TO BREAK THE RECORD FOR MOST PEOPLE KILLED IN A TERRORIST ATTACK.

      Were you planning to try? Is that your issue, here? Because any self-respecting company would have said, “Thanks for drawing our attention to that record breaking fail – we’ve fixed the website.”

      • Ms B ♥ says:

        Well said, Rosie!

      • KatzVonD (Now with Snidely Whiplash handlebar mustache) says:

        *Applauds*

      • Busted! says:

        Actually, they didn’t. The image was altered, if the wayback machine is any indication. Thus, the company was understandably miffed that they appeared insensitive.

        Can’t really blame them, if the internet archives are to be believed.

        • Rosie says:

          Bless you – you believe it was faked? That’s adorable.

          • Busted! says:

            I linked the evidence here from the Wayback machine but it was eaten by this site. You can check it out for yourself.

            I had no idea the GBWR had enough power to change the history of the internet itself! It’s a CONSPIRACY!!!!elebenty!!!

  52. Sd says:

    Well, you guys should be smart enough to blur logos to begin with.

  53. Dogneck says:

    I can’t believe I just got rickrolled by failblog.

  54. Mr. Spock says:

    Their terms of service say that users must be at least 13 yrs old to access the site, but they have a section called “kids” with games designed for 5 year olds to play. FAIL!

  55. Stacy says:

    Good for you. What a bunch of jerks to have a record like that in the first place.

  56. JW says:

    totally just checked their website… they removed the record from their site… I even tried to manually go to the link listed in the screenshot and got a 404: File Not Found error.

  57. Brian says:

    Maybe Guinees (Misspelled on purpose!) needs to get thier heads outta thier @$$es and realize the real issue here: THE FACT THAT THERE IS A “BREAK THIS RECORD” LINK!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!111

  58. Ticked off not-so-emo says:

    LOL! (I’m all outta intelligent responses)

  59. Victory Is Yours! says:

    WIN!!!

  60. Tofu Mogu says:

    hi everyone! did you miss me!!! :D i was on vacation. ;)

  61. Christopher says:

    I would have blurred their logo to look like a penis lol

  62. Me says:

    Stupid douches. It’s their own damn fault they put that up to begin with. Guess we should start being a little more careful with what we post up on the internet, huh dumbasses?

  63. Fiat Knox says:

    Score one for WIN Blog.

  64. Oh this made me laff.
    This made my whole day.
    Tnx cheezpeeps!

  65. dave jones says:

    Well then, that’s it. I’m off to kill as many employees of the GWRL in a massive terrorist attack….. oh hang on… no i’m not that’s a really naughty thing to do.

  66. OMG says:

    Holy crap FailBlog rickroll’d us!

  67. jared says:

    It appears they removed the record. Looking for it in google cache…

  68. FallenAngel says:

    LOL The Guinness team don’t know about the fail.

  69. Chamberino says:

    I like the fact that they didn’t blur out the GWRL guys address…

  70. testing says:

    testing

  71. Ricky Maveety says:

    Well, rats, now I’ll never know that the folks at Guinness World Records are capable of a monumentally tasteless fail. I’ll simply have to guess that it was them and assume that they are a bunch of complete idiots who thought it was best to slap someone else (FB) for pointing that out to them rather than just own up to it.

  72. Janet says:

    Fail Blog win!

  73. Tracie says:

    This was so full of WIN! I lolz.. right down to the rick-roll. Gotta love it.

  74. Chanidividus says:

    Wow. Brewski, I found the lurkers! FB lured them out! Only a troll or two in the bunch! They are a mite repetitive, but look at them all…

    • Qwaz says:

      Lurkers, lurkers everywhere!

      • Chanidividus says:

        It’s a little crazy, isn’t it? I don’t think I’ve ever seen this many on one fail before.

        • Dragonwriter says:

          I have. For some reason, they come out of the woodwork whenever FB posts something of a personal nature–a message, a contest, an email. They really like it when the cheez talks to their peeps.

          …Hee! I do, too, actually.

          • Chanidividus says:

            It is definitely nice. This ‘fail’ is awesome. I was just a little awed by the number of lurkers that posted, especially after Brewski tried to lure them out and only got two or three responses.

            • Brewski says:

              I think a lot of these people don’t normally do the comment section. There are some lurkers who actually read what we write. Then there are the majority lurkers who rarely read the comments, and only post when a major urge hits.
              I never used to read the comments, then I got “the urge”. And I thought, WTF?! What’s with all these comments? They’re not talking about the fail, either!! :) I lurked, and eventually I got sucked in.

              • Chanidividus says:

                I always found the comments section to be far more entertaining than the fail itself. I too, was just eventually sucked in. :)

                • Brewski says:

                  Don’t say that! Can’t…take…the pressure!!
                  I don’t do it as a performer, I just like goofing around with friends. I prefer to not think about anybody else being out there.

                  • Qwaz says:

                    I second that opinion.
                    *Waves awkwardly at camera*

                    • Ms B ♥ says:

                      Camera?! I thought I took care of those!

                      *grumble grumble*

                      • Paparazzi KatzVonD says:

                        *Sneaks in to photograph celebrity Fail Bloggers*
                        *Zooms in on the lovely Ms B*
                        *Hopes to finally get shot of Brewski without trousers for the cover*

                    • Brewski says:

                      EEEEEEEEEEEEE!!!!
                      It’s Qwaz!!
                      I know all about all your Failblog works!! Like, remember what you said with post #219 on the bicycle fail?? OMG!! You’re so awesome! Can I have your autograph??

                      • Qwaz says:

                        Sure, Brewski!
                        But first let me show you one of my jerky celebrity tricks.
                        *leaves without signing anything*

                        • Qwaz says:

                          My god, what have I become!?
                          *comes back, Gives Brewski a complete signed record of everything I’ve ever done.*
                          That looks pretty heavy…
                          But valuable!

                    • Dragonwriter says:

                      *does a big song-and-dance number with a show-stopping ending*

                      :D

                      I loves me an audience.

                      *is whisked off stage by a giant hook*

                  • Chanidividus says:

                    I wasn’t trying to imply that you are a performer or anything like that, silly. I was trying to imply that this is such a nice, friendly, fun atmosphere, everyone is so cool, and it is hard not to want to be a part of. But also why so many lurk. They see, they would partake, but fear the shellacked mackerel of rejection. :)

          • Judy says:

            Perhaps maybe the cheez can explain the change in smilies while he’s here . . .

          • Bearly Awake says:

            Lurker baiting! My new favorite sport! :)