Comments on: OMG U FAIL SO HARD http://failblog.org/2009/07/13/omg-u-fail-so-hard/ Fail and Epic Fail Pictures and Videos in one blog. For all those precious fail moments, whip out your camera and see your epic fail picture and videos here. Mon, 23 Nov 2009 03:52:47 +0000 http://wordpress.com/ hourly 1 By: Failblog Unoffical Legal team :D http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-683567 Failblog Unoffical Legal team :D Thu, 19 Nov 2009 04:47:48 +0000 http://failblog.org/?p=22322#comment-683567 I would like to point out the Case of Gyles v Wilcox and the Copyright Act of 1976, 17 U.S.C. § 107. That section states, Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: 1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2. the nature of the copyrighted work; 3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4. the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. Well Obviously Failblog is not making money using their logo and the use of the logo is only providing validation of their company being the owner of said page as well as the link being shown (or was) in the screen shot pointing to their site. Failblog is obviously NOT saying it IS Guinness only referencing it in this screen shot. Hence Fair Use applies. I think Failblog should restore the original image and tell Guinness where to stick it. I would like to point out the Case of Gyles v Wilcox and the Copyright Act of 1976, 17 U.S.C. § 107.
That section states,
Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Well Obviously Failblog is not making money using their logo and the use of the logo is only providing validation of their company being the owner of said page as well as the link being shown (or was) in the screen shot pointing to their site.

Failblog is obviously NOT saying it IS Guinness only referencing it in this screen shot. Hence Fair Use applies. I think Failblog should restore the original image and tell Guinness where to stick it.

]]> By: Ken http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-670493 Ken Mon, 09 Nov 2009 06:10:23 +0000 http://failblog.org/?p=22322#comment-670493 Someone came to my twitter page and said I failed? Looks like you people are really smart at computers etc. What did you do? Hack the twitter monster and twit on everyones page??? I have a website if anyone is interested in Phoenix, that is, to make it look and be REAL Someone came to my twitter page and said I failed? Looks like you people are really smart at computers etc. What did you do? Hack the twitter monster and twit on everyones page???
I have a website if anyone is interested in Phoenix, that is, to make it look and be REAL

]]> By: Jack http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-660292 Jack Fri, 30 Oct 2009 17:24:54 +0000 http://failblog.org/?p=22322#comment-660292 ^ is a hyperflex accent... ^ is a hyperflex accent…

]]> By: LovePony http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-652830 LovePony Sun, 25 Oct 2009 07:26:59 +0000 http://failblog.org/?p=22322#comment-652830 Looks like they completely overhauled their website and that link is gone. I wonder if it was because of this post. Looks like they completely overhauled their website and that link is gone. I wonder if it was because of this post.

]]> By: lcs http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-645346 lcs Mon, 19 Oct 2009 20:35:54 +0000 http://failblog.org/?p=22322#comment-645346 agreed... HAHAAAA genus. agreed… HAHAAAA genus.

]]> By: Dorian_rpg http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-621463 Dorian_rpg Mon, 28 Sep 2009 15:12:24 +0000 http://failblog.org/?p=22322#comment-621463 I'm speechless this is probably the hardest fail of all time.. not to mention the douchbagary afterwords just makes the fail even harder.. it's like Fail to the second power.. but the saddest part about your response (the fail blog) is this.. they won't get the jokes... not a single one of them.. why because they have their heads up their @$$es I’m speechless this is probably the hardest fail of all time.. not to mention the douchbagary afterwords just makes the fail even harder.. it’s like Fail to the second power.. but the saddest part about your response (the fail blog) is this.. they won’t get the jokes… not a single one of them.. why because they have their heads up their @$$es

]]> By: DoobieHoser http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-617793 DoobieHoser Thu, 24 Sep 2009 17:48:35 +0000 http://failblog.org/?p=22322#comment-617793 I read out loud as I type <b> Doogie Howser</b> style. I read out loud as I type Doogie Howser style.

]]> By: Marq http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-594464 Marq Fri, 04 Sep 2009 17:53:45 +0000 http://failblog.org/?p=22322#comment-594464 First of all, FailBlog RULES! Just found out about it through a friend today. Secondly, I love your reply to these idiots. The older I get, the more I realize how positively ignorant these types of people are. They would rather make ludicrous legal threats than recognize the total idiocy of the page you pointed out on their website. "Most Individuals Killed in a Terrorist Act" followed by "Break this Record." They deserved a big, fat FAIL! Rock on, FailBlog. First of all, FailBlog RULES! Just found out about it through a friend today. Secondly, I love your reply to these idiots. The older I get, the more I realize how positively ignorant these types of people are. They would rather make ludicrous legal threats than recognize the total idiocy of the page you pointed out on their website. “Most Individuals Killed in a Terrorist Act” followed by “Break this Record.” They deserved a big, fat FAIL! Rock on, FailBlog.

]]> By: Hans http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-588752 Hans Tue, 01 Sep 2009 10:28:55 +0000 http://failblog.org/?p=22322#comment-588752 lol..understand b but not u or tt..hmmm..maybe.. FAIL FAIL <i>Fun</i> with HTML codes lol..understand b but not u or tt..hmmm..maybe..

FAIL

FAIL

Fun with

HTML
codes

]]> By: Hans http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-588750 Hans Tue, 01 Sep 2009 10:23:00 +0000 http://failblog.org/?p=22322#comment-588750 <b>F</b>AIL FAIL

]]> By: bandai http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-580642 bandai Wed, 26 Aug 2009 06:28:36 +0000 http://failblog.org/?p=22322#comment-580642 I love you FailBlog! That is the most awesome thing I have ever read! Props on the RickRoll! You guys have a lot of balz! I love you FailBlog! That is the most awesome thing I have ever read! Props on the RickRoll! You guys have a lot of balz!

]]> By: Monkey http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-577894 Monkey Mon, 24 Aug 2009 17:05:12 +0000 http://failblog.org/?p=22322#comment-577894 You're clearly a moron. You’re clearly a moron.

]]> By: moi.. http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-572220 moi.. Thu, 20 Aug 2009 12:56:52 +0000 http://failblog.org/?p=22322#comment-572220 Please RTFM and we welcome you to teh interwebs. Please RTFM and we welcome you to teh interwebs.

]]> By: GuinnessWorld Records FAILS again http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-555550 GuinnessWorld Records FAILS again Sat, 08 Aug 2009 13:39:31 +0000 http://failblog.org/?p=22322#comment-555550 After I saw this, I clicked over to Guinness and looked up this record, and to prove their utter failure and humiliation at the hands of FAILBlog, they removed the record they put up. What a bunch of pathetic, pansy a$$, whiny f*cking losers. After I saw this, I clicked over to Guinness and looked up this record, and to prove their utter failure and humiliation at the hands of FAILBlog, they removed the record they put up.

What a bunch of pathetic, pansy a$$, whiny f*cking losers.

]]> By: Fair Use http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-554794 Fair Use Fri, 07 Aug 2009 19:45:23 +0000 http://failblog.org/?p=22322#comment-554794 The original, the screen cap does fall under Fair Use. Plain and Simple, you can remove the edit on the logo. Here is your legal Fair Use Defense for use of the unedited screen cap: 1. GBWR logo is too small the screen cap and does not represent confusion between GBWR and Failblog. It doesn't force GBWR's copyright to loose value, since the fail was in their error. 2. It's Criticism of GBWR for being such a fail. 3. It's news that GBWR can have such an epic fail and failblog is a specialty is reporting this source of news. The GBWR legal team is just being a bully, they may be able to take you to court, but any judge in their right mind would throw it out. They are simply embarrassed that they were appearing to promote Terrorism. This is not a legal document, I am not a lawyer. This is just an opinion from some one who has been the "Fair Use" grinder with several major corporations and won every time. Here is a Video on Fair Use, using cartoon characters from major motion pictures. http://www.youtube.com/watch?v=CJn_jC4FNDo&feature=player_embedded The original, the screen cap does fall under Fair Use. Plain and Simple, you can remove the edit on the logo.

Here is your legal Fair Use Defense for use of the unedited screen cap:

1. GBWR logo is too small the screen cap and does not represent confusion between GBWR and Failblog. It doesn’t force GBWR’s copyright to loose value, since the fail was in their error.

2. It’s Criticism of GBWR for being such a fail.

3. It’s news that GBWR can have such an epic fail and failblog is a specialty is reporting this source of news.

The GBWR legal team is just being a bully, they may be able to take you to court, but any judge in their right mind would throw it out. They are simply embarrassed that they were appearing to promote Terrorism.

This is not a legal document, I am not a lawyer. This is just an opinion from some one who has been the “Fair Use” grinder with several major corporations and won every time. Here is a Video on Fair Use, using cartoon characters from major motion pictures.

]]> By: Tails http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-550150 Tails Wed, 05 Aug 2009 14:11:39 +0000 http://failblog.org/?p=22322#comment-550150 Dude, thats what you call a shoop da whoop hole, and they just got lazored! lawyers = 0 FAIL Failblog = 1 WIN Dude, thats what you call a shoop da whoop hole, and they just got lazored!

lawyers = 0 FAIL
Failblog = 1 WIN

]]> By: mychal http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-548933 mychal Tue, 04 Aug 2009 15:33:59 +0000 http://failblog.org/?p=22322#comment-548933 FAIL!!!! FAIL!!!!

]]> By: Captain falcon http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-547846 Captain falcon Mon, 03 Aug 2009 19:47:50 +0000 http://failblog.org/?p=22322#comment-547846 OMG RaNDOMNESS KILTS ARE NOT EDIBLE OMG RaNDOMNESS
KILTS ARE NOT EDIBLE

]]> By: moo http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-547249 moo Mon, 03 Aug 2009 15:02:22 +0000 http://failblog.org/?p=22322#comment-547249 are those bewbs? are those bewbs?

]]> By: killerdudecris http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-546597 killerdudecris Mon, 03 Aug 2009 00:17:30 +0000 http://failblog.org/?p=22322#comment-546597 i can break that record.... i can break that record….

]]> By: Rosea sharn http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-545127 Rosea sharn Sat, 01 Aug 2009 08:43:29 +0000 http://failblog.org/?p=22322#comment-545127 Like this? ^B^This so bold!^/B^ Like this?

^B^This so bold!^/B^

]]> By: Zed_Omega http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-543065 Zed_Omega Thu, 30 Jul 2009 23:27:16 +0000 http://failblog.org/?p=22322#comment-543065 There goes my 14-year-long record for never getting Rickroll'd... damn it. There goes my 14-year-long record for never getting Rickroll’d… damn it.

]]> By: garythesnail http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-542181 garythesnail Thu, 30 Jul 2009 15:46:15 +0000 http://failblog.org/?p=22322#comment-542181 PWNED! PWNED!

]]> By: Failblog http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-541813 Failblog Thu, 30 Jul 2009 12:54:13 +0000 http://failblog.org/?p=22322#comment-541813 Testing the Failblog website upgrade: <a href="http://failblog.on.nimp.org" rel="nofollow">Link</a> XD Testing the Failblog website upgrade:
Link

XD

]]> By: alex http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-541584 alex Thu, 30 Jul 2009 07:50:45 +0000 http://failblog.org/?p=22322#comment-541584 lolololol you rickrolled them lolololol you rickrolled them

]]> By: Dude http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-541579 Dude Thu, 30 Jul 2009 07:19:39 +0000 http://failblog.org/?p=22322#comment-541579 You really shouldn't talk about your mom like that. You really shouldn’t talk about your mom like that.

]]> By: I like http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-541577 I like Thu, 30 Jul 2009 07:15:33 +0000 http://failblog.org/?p=22322#comment-541577 <b>poop</b> poop

]]> By: failblogfailed http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-541509 failblogfailed Thu, 30 Jul 2009 04:41:33 +0000 http://failblog.org/?p=22322#comment-541509 frak me for being correct. Read Guiness' letter again. . Guiness doesn't give a shit about poor little attorney-less, limp gumi failblog. . Guiness doesn't give a shit what failblog says about Guiness. . Guiness DOES care about protecting its trademarks. Educate yourself. Wiki is free. http://en.wikipedia.org/wiki/Trademark frak me for being correct. Read Guiness’ letter again.
.
Guiness doesn’t give a shit about poor little attorney-less, limp gumi failblog.
.
Guiness doesn’t give a shit what failblog says about Guiness.
.
Guiness DOES care about protecting its trademarks.
Educate yourself. Wiki is free.
http://en.wikipedia.org/wiki/Trademark

]]> By: The Man Who Crashed the World http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-541247 The Man Who Crashed the World Wed, 29 Jul 2009 22:35:09 +0000 http://failblog.org/?p=22322#comment-541247 It's a trap It’s a trap

]]> By: Michael http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-541219 Michael Wed, 29 Jul 2009 22:22:56 +0000 http://failblog.org/?p=22322#comment-541219 Honestly, did anyone even think about checking out the legit. "un-named record-keeping orgainzation"'s site? The record listings don't look like this. The URL given didn't even work when I tested, mere minutes after the original picture was posted here. All indications are, the original picture is a fake. "Fair use" of the logo then? Maybe. By this site, not the creator of the fake screenshot. Deserved to get this e-mail sent to them, probably. But stop the debate about the orgainzation being pro/anti terrorism or if it was intentional! Please? :) Honestly, did anyone even think about checking out the legit. “un-named record-keeping orgainzation”’s site? The record listings don’t look like this. The URL given didn’t even work when I tested, mere minutes after the original picture was posted here. All indications are, the original picture is a fake.

“Fair use” of the logo then? Maybe. By this site, not the creator of the fake screenshot. Deserved to get this e-mail sent to them, probably. But stop the debate about the orgainzation being pro/anti terrorism or if it was intentional! Please?

:)

]]> By: SCOTTQ http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-541022 SCOTTQ Wed, 29 Jul 2009 20:06:50 +0000 http://failblog.org/?p=22322#comment-541022 Freaking pasty kinned potao eatin' Irish jacka**es Freaking pasty kinned potao eatin’ Irish jacka**es

]]> By: sadd http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-539997 sadd Wed, 29 Jul 2009 08:47:57 +0000 http://failblog.org/?p=22322#comment-539997 <a href="porn.com" rel="nofollow">LOL FAIL!</a> LOL FAIL!

]]> By: dwags http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-539974 dwags Wed, 29 Jul 2009 08:09:04 +0000 http://failblog.org/?p=22322#comment-539974 is that true? i didn't think it was possible to give birth to myself. hmmmmm. is that true? i didn’t think it was possible to give birth to myself. hmmmmm.

]]> By: ZZZZZZ http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-538708 ZZZZZZ Tue, 28 Jul 2009 15:00:51 +0000 http://failblog.org/?p=22322#comment-538708 Nope. Failblog=1,000 (or however many fail articles are in failblog) GWR= -2 (their original fail, and this fail) Nope.

Failblog=1,000 (or however many fail articles are in failblog)
GWR= -2 (their original fail, and this fail)

]]> By: ZZZZZZ http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-538702 ZZZZZZ Tue, 28 Jul 2009 14:58:52 +0000 http://failblog.org/?p=22322#comment-538702 You fail for not reading the whole thing. They had to do it because they dont have attorneys. You fail for not reading the whole thing. They had to do it because they dont have attorneys.

]]> By: kaitie http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-536857 kaitie Mon, 27 Jul 2009 08:23:02 +0000 http://failblog.org/?p=22322#comment-536857 I got Rick Roll'd. hahaha win for you. I got Rick Roll’d. hahaha win for you.

]]> By: Rob http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-536717 Rob Mon, 27 Jul 2009 01:28:45 +0000 http://failblog.org/?p=22322#comment-536717 What if someone sent this image to Homeland Security or something? Saying something like, "GWR is encouraging terrorism"? I applaud FailBlog for showing this image. Honestly, I hope this gets out or something. What if someone sent this image to Homeland Security or something? Saying something like, “GWR is encouraging terrorism”? I applaud FailBlog for showing this image. Honestly, I hope this gets out or something.

]]> By: earthlingmike http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-536676 earthlingmike Sun, 26 Jul 2009 23:27:00 +0000 http://failblog.org/?p=22322#comment-536676 I'm guessing you do use your butt to think. I’m guessing you do use your butt to think.

]]> By: earthlingmike http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-536671 earthlingmike Sun, 26 Jul 2009 23:23:02 +0000 http://failblog.org/?p=22322#comment-536671 Actually, they did send them a Rickroll. Actually, they did send them a Rickroll.

]]> By: Tioka12 http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-536258 Tioka12 Sun, 26 Jul 2009 14:16:18 +0000 http://failblog.org/?p=22322#comment-536258 Guess not :S Guess not :S

]]> By: Tioka12 http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-536255 Tioka12 Sun, 26 Jul 2009 14:15:07 +0000 http://failblog.org/?p=22322#comment-536255 ^b^Seeing if it works^/b^ ^b^Seeing if it works^/b^

]]> By: MP http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-535481 MP Sat, 25 Jul 2009 08:38:43 +0000 http://failblog.org/?p=22322#comment-535481 OMG best FAIL ever. That's some balls. Good show =) OMG best FAIL ever. That’s some balls. Good show =)

]]> By: Borkhammer http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-535065 Borkhammer Fri, 24 Jul 2009 20:33:50 +0000 http://failblog.org/?p=22322#comment-535065 <b></b> Test Test

]]> By: Borkhammer http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-535063 Borkhammer Fri, 24 Jul 2009 20:32:32 +0000 http://failblog.org/?p=22322#comment-535063 I like <b>bananas</b> I like bananas

]]> By: Borkhammer http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-535060 Borkhammer Fri, 24 Jul 2009 20:31:11 +0000 http://failblog.org/?p=22322#comment-535060 ^b^Let's try breaking the HTML :D ^b^Let’s try breaking the HTML :D

]]> By: tidbits http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-532307 tidbits Thu, 23 Jul 2009 14:38:04 +0000 http://failblog.org/?p=22322#comment-532307 they just didn't want you to use their copyright way to overreact like a fat internet jerk fail blog they just didn’t want you to use their copyright

way to overreact like a fat internet jerk fail blog

]]> By: chrisrichards http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-530890 chrisrichards Wed, 22 Jul 2009 17:24:35 +0000 http://failblog.org/?p=22322#comment-530890 Glorious Glorious

]]> By: Jens http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-530795 Jens Wed, 22 Jul 2009 17:02:35 +0000 http://failblog.org/?p=22322#comment-530795 Don't give in. I adore you. Don’t give in. I adore you.

]]> By: NAIN http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-530477 NAIN Wed, 22 Jul 2009 14:20:50 +0000 http://failblog.org/?p=22322#comment-530477 I AM HALF TURTLE ! I AM HALF TURTLE !

]]> By: Panini http://failblog.org/2009/07/13/omg-u-fail-so-hard/#comment-530073 Panini Wed, 22 Jul 2009 10:03:18 +0000 http://failblog.org/?p=22322#comment-530073 lol lol

]]>