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<title>Techdirt. Stories filed under &quot;charities&quot;</title>
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<image><title>Techdirt. Stories filed under &quot;charities&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
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<pubDate>Fri, 22 Feb 2013 10:58:45 PST</pubDate>
<title>Healthcare Isn't A Free Market, It's A Giant Economic Scam</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130222/03254422068/healthcare-isnt-free-market-its-giant-economic-scam.shtml</link>
<guid>http://www.techdirt.com/articles/20130222/03254422068/healthcare-isnt-free-market-its-giant-economic-scam.shtml</guid>
<description><![CDATA[ Not long ago, someone I know who had no medical insurance, but who had some serious medical issues, ended up in the hospital for a few weeks.  Some procedures needed to be done, but nothing that most people would consider too "drastic."  Eventually, the bills showed up, and they were in the range of half a million dollars, for someone who did not have anything close to that.  You hear stories about crazy medical bills, but what very few people realize is that the reality of hospital bills can often be orders of magnitude more crazy than what most people expect.  Just last week, a friend of mine posted the following image to Facebook, noting that when his normal medical insurance billing statement has room for seven digits (i.e., millions of dollars) something is clearly screwed up.
<center>
<a href="http://imgur.com/gsQN3oD"><img src="http://i.imgur.com/gsQN3oD.jpg" width=500 /></a>
</center>
A few years back, the folks at Planet Money tried to dig in and demystify some of the <a href="http://www.npr.org/blogs/money/2009/10/podcast_the_health_care_econom.html" target="_blank">secrets of medical bills</a>, but that only scratched the surface.
<br /><br />
Stephen Brill has a very long, but absolutely gripping, detailed analysis <a href="http://healthland.time.com/2013/02/20/bitter-pill-why-medical-bills-are-killing-us/print/" target="_blank">of the insanity of medical billing</a> for Time Magazine.  It's a truly astounding piece, that hopefully will open many people's eyes.  It will take a while, but find some time to read it, just to get a sense of how totally screwed up the entire system is.  I've been working on some other stories about some really sketchy activity on the pharmaceutical side of things, but this article really shines a light on the disgusting underbelly of the healthcare system.  As Brill notes, so much of the debate about healthcare is really focused on "but who will pay for these things."  But what it tends to ignore is <i>why are the prices absolutely insane</i>. 
<blockquote><i>
When medical care becomes a matter of life and death, the money demanded by the health care ecosystem reaches a wholly different order of magnitude, churning out reams of bills to people who can&#8217;t focus on them, let alone pay them. Soon after he was diagnosed with lung cancer in January 2011, a patient whom I will call Steven D. and his wife Alice knew that they were only buying time. The crushing question was, How much is time really worth? As Alice, who makes about $40,000 a year running a child-care center in her home, explained, &#8220;[Steven] kept saying he wanted every last minute he could get, no matter what. But I had to be thinking about the cost and how all this debt would leave me and my daughter.&#8221; By the time Steven D. died at his home in Northern California the following November, he had lived for an additional 11 months. And Alice had collected bills totaling $902,452. The family&#8217;s first bill &#8212; for $348,000 &#8212; which arrived when Steven got home from the Seton Medical Center in Daly City, Calif., was full of all the usual chargemaster profit grabs: $18 each for 88 diabetes-test strips that Amazon sells in boxes of 50 for $27.85; $24 each for 19 niacin pills that are sold in drugstores for about a nickel apiece. There were also four boxes of sterile gauze pads for $77 each. None of that was considered part of what was provided in return for Seton&#8217;s facility charge for the intensive-care unit for two days at $13,225 a day, 12 days in the critical unit at $7,315 a day and one day in a standard room (all of which totaled $120,116 over 15 days). There was also $20,886 for CT scans and $24,251 for lab work. Alice responded to my question about the obvious overcharges on the bill for items like the diabetes-test strips or the gauze pads much as Mrs. Lincoln, according to the famous joke, might have had she been asked what she thought of the play. &#8220;Are you kidding?&#8221; she said. &#8220;I&#8217;m dealing with a husband who had just been told he has Stage IV cancer. That&#8217;s all I can focus on &#8230; You think I looked at the items on the bills? I just looked at the total.&#8221;
</i></blockquote>
If we want a real fix to the mounting costs of healthcare (which are a massive drain on the economy), we need to start there.  Unfortunately, those who are making out like bandits from this system have tremendous political clout, and they have no interest in letting the easy money go away.
<br /><br />
Throughout the piece, Brill repeatedly discusses the "chargemaster," which is basically the internal price list at every hospital, which has no basis in reality whatsoever, but which the poorest patients, and those without insurance, or with limited insurance, are often hit over the head with.  Throughout the article, Brill details over and over and over again how hospital administrators and spokespeople all refused to address the chargemaster at all, constantly blowing it off as no big deal, because so few people actually pay the list price.  But they completely ignore a bunch of points, including that some patients are <i>charged upfront</i> for these things, and no one is <i>ever</i> told that the prices are negotiable, even though they all are.
<br /><br />
What you see is a system where supposedly "non-profit" and "charitable" institutions are raking in massive profits -- while still begging the public for donations, and suggesting that any effort to reign in costs would put people at risk by cutting back on necessary hospital services.  At times, these statements are so obviously bullshit, that it's really sickening.
<blockquote><i>
In December, when the New York Times ran a story about how a deficit deal might threaten hospital payments, Steven Safyer, chief executive of Montefiore Medical Center, a large nonprofit hospital system in the Bronx, complained, &#8220;There is no such thing as a cut to a provider that isn&#8217;t a cut to a beneficiary &#8230; This is not crying wolf.&#8221;
<br /><br />
Actually, Safyer seems to be crying wolf to the tune of about $196.8 million, according to the hospital&#8217;s latest publicly available tax return. That was his hospital&#8217;s operating profit, according to its 2010 return. With $2.586 billion in revenue &#8212; of which 99.4% came from patient bills and 0.6% from fundraising events and other charitable contributions &#8212; Safyer&#8217;s business is more than six times as large as that of the Bronx&#8217;s most famous enterprise, the New York Yankees. Surely, without cutting services to beneficiaries, Safyer could cut what have to be some of the Bronx&#8217;s better non-Yankee salaries: his own, which was $4,065,000, or those of his chief financial officer ($3,243,000), his executive vice president ($2,220,000) or the head of his dental department ($1,798,000).
</i></blockquote>
Sometimes these stories make you wonder if some of these "charitable" organizations deserve to be called charities at all:
<blockquote><i>
Mercy Hospital is owned by an organization under the umbrella of the Catholic Church called Sisters of Mercy. Its mission, as described in its latest filing with the IRS as a tax-exempt charity, is &#8220;to carry out the healing ministry of Jesus by promoting health and wellness.&#8221;....  The overall chain had $4.28 billion in revenue that year. Its hospital in Springfield, Mo. (pop. 160,660), had $880.7 million in revenue and an operating profit of $319 million, according to its federal filing. The incomes of the parent company&#8217;s executives appear on other IRS filings covering various interlocking Mercy nonprofit corporate entities. Mercy president and CEO Lynn Britton made $1,930,000, and an executive vice president, Myra Aubuchon, was paid $3.7 million, according to the Mercy filing. In all, seven Mercy Health executives were paid more than $1 million each. A note at the end of an Ernst & Young audit that is attached to Mercy&#8217;s IRS filing reported that the chain provided charity care worth 3.2% of its revenue in the previous year. However, the auditors state that the value of that care is based on the charges on all the bills, not the actual cost to Mercy of providing those services &#8212; in other words, the chargemaster value. Assuming that Mercy&#8217;s actual costs are a tenth of these chargemaster values &#8212; they&#8217;re probably less &#8212; all of this charity care actually cost Mercy about three-tenths of 1% of its revenue, or about $13 million out of $4.28 billion.
</i></blockquote>
While I actually think it's a bit of a cheap shot to repeatedly show CEO salaries, the real issue is how these hospitals can ratchet up the prices with no basis in reality, simply because they know they can do so.  Even if they recognize most people don't pay those fees, they still send such bills out there, which creates a tremendous amount of stress.
<br /><br />
The stories of obvious overcharging fill the piece and demonstrate a key point in all of this.  For all the talk about "free market" healthcare, nothing in our healthcare system is anything resembling a free market.  You have truly "captive" customers with almost no price elasticity, combined with a system whereby it's rare for the buyers to actually be the ones "paying."  If you were to design the most fucked up economic experiment ever, this might be it.  And you can see the results.
<blockquote><i>
Steve H.&#8217;s bill for his day at Mercy contained all the usual and customary overcharges. One item was &#8220;MARKER SKIN REG TIP RULER&#8221; for $3. That&#8217;s the marking pen, presumably reusable, that marked the place on Steve H.&#8217;s back where the incision was to go. Six lines down, there was &#8220;STRAP OR TABLE 8X27 IN&#8221; for $31. That&#8217;s the strap used to hold Steve H. onto the operating table. Just below that was &#8220;BLNKT WARM UPPER BDY 42268&#8221; for $32. That&#8217;s a blanket used to keep surgery patients warm. It is, of course, reusable, and it&#8217;s available new on eBay for $13. Four lines down there&#8217;s &#8220;GOWN SURG ULTRA XLG 95121&#8221; for $39, which is the gown the surgeon wore. Thirty of them can be bought online for $180. Neither Medicare nor any large insurance company would pay a hospital separately for those straps or the surgeon&#8217;s gown; that&#8217;s all supposed to come with the facility fee paid to the hospital, which in this case was $6,289.
</i></blockquote>
Or how about this one:
<blockquote><i>
His bill &#8212; which included not only the aggressively marked-up charge of $13,702 for the Rituxan cancer drug but also the usual array of chargemaster fees for basics like generic Tylenol, blood tests and simple supplies &#8212; had one item not found on any other bill I examined: MD Anderson&#8217;s charge of $7 each for &#8220;ALCOHOL PREP PAD.&#8221; This is a little square of cotton used to apply alcohol to an injection. A box of 200 can be bought online for $1.91.
</i></blockquote>
The article is chock full of these kinds of stories.  They're not anomalies, nor are they extreme outlier cases.  They happen quite frequently.  It's standard operating procedure.  And, contrary to what most people think, these things don't just apply to those who are without insurance.  While insurance may protect against some of these situations, often people discover that their insurance doesn't cover nearly as much as they expected (in part because they never think that bills could possibly be <i>so</i> high.  And, while some hospitals are more open to forgiving massive debt for those who are poor, when those who thought they were comfortably in the middle class suddenly realize they may owe hundreds of thousands of dollars unexpectedly, the hospitals are a lot less sympathetic.
<br /><br />
Not surprisingly, nearly every hospital that Brill tried to speak to about all this refused to talk about it. Sometimes they gave completely bogus excuses, such as claiming that it's "against the law" to discuss why they charge massive markups on basic items:
<blockquote><i>
Wright said the hospital&#8217;s lawyers had decided that discussing Steve H.&#8217;s bill would violate the federal HIPAA law protecting the privacy of patient medical records. I pointed out that I wanted to ask questions only about the hospital&#8217;s charges for standard items &#8212; such as surgical gowns, basic blood tests, blanket warmers and even medical devices &#8212; that had nothing to do with individual patients. &#8220;Everything is particular to an individual patient&#8217;s needs,&#8221; she replied. Even a surgical gown? &#8220;Yes, even a surgical gown. We cannot discuss this with you. It&#8217;s against the law.&#8221; She declined to put me in touch with the hospital&#8217;s lawyers to discuss their legal analysis.
</i></blockquote>
In one case where he finally got an administrator to speak about the chargemaster rates, the answers were astounding, and either completely mendacious or disconnected from reality (I'm not sure which one is scarier).
<blockquote><i>
&#8220;We think the chargemaster is totally fair,&#8221; says William Gedge, senior vice president of payer relations at Yale New Haven Health System. &#8220;It&#8217;s fair because everyone gets the same bill. Even Medicare gets exactly the same charges that this patient got. Of course, we will have different arrangements for how Medicare or an insurance company will not pay some of the charges or discount the charges, but everyone starts from the same place.&#8221; Asked how the chargemaster charge for an item like the troponin test was calculated, Gedge said he &#8220;didn&#8217;t know exactly&#8221; but would try to find out. He subsequently reported back that &#8220;it&#8217;s an historical charge, which takes into account all of our costs for running the hospital.&#8221;
</i></blockquote>
It's fair because we charge absolutely everyone insane amounts that have no basis in reality, and which we mark up ridiculously -- and then we offer discounts to many, but certainly not all patients.  This answer is bullshit.  Not everyone starts from the same place, but even if we grant that ridiculous claim, having everyone start at insane prices doesn't make it fair.  It still makes it a giant scam.
<br /><br />
And, of course, the hospitals know they're getting away with all sorts of crap here.  Even when they're talking about things like Medicare, where the government is the "buyer," the situation is crazy.  While the hospitals, pharma companies and others complain that government supported healthcare artificially deflates revenue and limits their ability to provide patient care, the article goes into a fair bit of detail about how that's hogwash, and the hospitals (and doctors) are massively profiting off of the taxpayer -- sometimes in completely cynical ways.
<blockquote><i>
&#8220;One of the benefits attending physicians get from many hospitals is the opportunity to <b>cruise the halls and go into a Medicare patient&#8217;s room and rack up a few dollars</b>,&#8221; says a doctor who has worked at several hospitals across the country. &#8220;In some places it&#8217;s a Monday-morning tradition. You go see the people who came in over the weekend. There&#8217;s always an ostensible reason, but there&#8217;s also a lot of abuse.&#8221;
</i></blockquote>
If you know even the slightest bit about basic economics, the deeper you look at this system, the more and more you realize how insane it is.  Nearly every single incentive is skewed, often dangerously so.  The system is more or less designed to be abused, while making it increasingly difficult for people to get reasonable care.  I'd argue that it may be worse than if you asked a bunch of economists to design the <i>worst possible</i> system of incentives.
<br /><br />
And we're more or less stuck with it.  For all the debate and the fight over reform, the reform package we got really did next to nothing to address any of these kinds of underlying issues.  And this has nothing to do with silly claims of whether or not it's "socialist".  The entire healthcare system, before and after the recent health reform, does not resemble anything even remotely close to a free market system.  And, while there are some who argue that healthcare itself <i>shouldn't</i> be subjected to free market forces, but rather towards what provides the best care, it's not like the system is designed to match up with that belief either.
<br /><br />
The system is completely broken.  In researching other aspects of the system, I'd already come to the conclusion that it should be scrapped entirely, with something completely different put in its place, but this article just helps take that belief to another level.  And, the scary thing is that the chances of that happening are basically zero.  We're stuck with this system, in part because the economic incentives are screwed up so much that it's ripe for widespread abuse.  And when you have so many billions of dollars flowing, with a small group of folks profiting massively from that, there's simply no chance they'll allow for any real changes.
<br /><br />
And, the really scary thing is that the bits I've talked about here really only scratch the surface of Brill's overall article.  And, his article really only touches on one part of the problem.  It is a key part of the problem, but it's still just one part.  And each of the other parts tend to look equally insane when you start digging deeper.  We are in the middle of the most horrifying economic experiment ever constructed with our healthcare system, and it's only impacting almost everyone's lives.   Oh yeah, and there's no real interest in taking on the actual problems.<br /><br /><a href="http://www.techdirt.com/articles/20130222/03254422068/healthcare-isnt-free-market-its-giant-economic-scam.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130222/03254422068/healthcare-isnt-free-market-its-giant-economic-scam.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130222/03254422068/healthcare-isnt-free-market-its-giant-economic-scam.shtml?op=sharethis">Email This Story</a><br />
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<item>
<pubDate>Mon, 18 Jun 2012 05:06:00 PDT</pubDate>
<title>Charles Carreon Sues Matthew Inman... And The Charities He's Raising Money For</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120618/00025519366/charles-carreon-sues-matthew-inman-charities-hes-raising-money.shtml</link>
<guid>http://www.techdirt.com/articles/20120618/00025519366/charles-carreon-sues-matthew-inman-charities-hes-raising-money.shtml</guid>
<description><![CDATA[ <em><strong>Update:</strong> The <a href="http://www.techdirt.com/articles/20120618/11235319370/carreons-full-filing-reveals-he-donated-to-oatmeal-campaign-himself-plus-other-assorted-nuttiness.shtml">full details of Carreon's lawsuit are now public</a>, and they are just as nonsensical as you'd expect.</em>
<br /><br />
The situation with Charles Carreon just keeps on progressing.   The latest is that, according to a report from Courthouse News Service, Carreon has now not only sued Matthew Inman, but also IndieGoGo <b>and</b> the National Wildlife Federation and the American Cancer Society.  Read on for the details...
<br /><br />
If you've been away from the internet for the past week, this story started as an online dispute between Matthew Inman, creator of the webcomic The Oatmeal, and a site called Funnyjunk, which lets users post content to the site.  About a year ago, Inman wrote a blog post complaining about Funnyjunk's reposting of his webcomics.  As we've noted a few times, Inman's statements about Funnyjunk were overly aggressive -- and did mention "stealing" of his own work.  He seemed to ignore that it was users who uploaded the content.  However, while we disagree with Inman's original characterization of Funnyjunk and how it operates, it certainly did not reach the level of "defamation."  Also, we appreciate that Inman chose not to <i>sue</i>, but rather to make use of the court of public opinion.  In response, Funnyjunk lashed out, incorrectly stated that The Oatmeal wanted to sue him (when Inman very clearly stated he had no intention to sue) and also asked a bunch of Funnyjunk users to <a href="http://theoatmeal.com/blog/funnyjunk2" target="_blank">contact Inman</a>.
<br /><br />
Everything seemed to die down, until about a week ago, when lawyer Charles Carreon, representing Funnyjunk, sent a letter to Inman, threatening to <i>sue Inman</i> for the initial blog post, claiming that it was defamation and a Lanham Act (trademark) violation for false advertising.  Neither claim makes much sense, and Inman responded with both an <a href="http://www.scribd.com/doc/96850920/FunnyJunk-The-Oatmeal-Response" target="_blank">excellent letter</a> from (occasional Techdirt contributor) Venkat Balasubramani, and Inman's now famous <a href="http://theoatmeal.com/blog/funnyjunk_letter" target="_blank">annotated letter</a>, leading to an <a href="http://www.indiegogo.com/bearlovegood" target="_blank">IndieGoGo campaign</a> to raise $20,000 (the amount Carreon/Funnyjunk demanded from Inman) for two charities: The National Wildlife Federation & the American Cancer Society.
<br /><br />
Following that, Carreon told MSNBC he intended to <a href="http://www.techdirt.com/articles/20120613/01004319296/funnyjunk-lawyer-being-mocked-mercilessly-makes-things-worse-trying-to-shut-down-oatmeals-fundraiser.shtml">shut down</a> the fundraisers, and then bizarrely <a href="http://www.techdirt.com/articles/20120614/09471419326/funnyjunks-lawyer-charles-carreon-continues-to-lash-out-accuses-matt-inman-instigating-security-attacks.shtml">accused Inman</a> of "instigating security attacks" against his website.  Finally, on Friday he told Forbes that he wasn't backing down and that there had to be <a href="http://www.techdirt.com/articles/20120615/17334719354/funnyjunks-lawyer-charles-carreon-just-keeps-digging-promises-hell-find-some-law-to-go-after-oatmeals-matt-inman.shtml">"something"</a> in the California code that he could sue Inman over.
<br /><br />
Apparently he's found something.  As reported by both <a href="http://www.popehat.com/2012/06/17/the-oatmeal-v-funnyjunk-part-iv-charles-carreon-sues-everybody/" target="_blank">Ken at Popehat</a> and <a href="http://www.loweringthebar.net/2012/06/the-guy-continues-to-mess-with-the-oatmeal.html" target="_blank">Kevin at Lowering the Bar</a>, Courthouse News has a notice saying that Carreon has filed a lawsuit in the federal district of Northern California.  And, as mentioned above, he doesn't just sue Inman, but also IndieGoGo and the two charities.  Yes, the two charities.  I'll repeat that again: Charles Carreon appears to be suing two of the most well known charities because Matthew Inman asked people to donate to them.  Ken's summary -- based on what limited info is available via Courthouse News:
<blockquote><i>
1. The lawsuit is captioned Charles Carreon v. Matthew Inman; IndieGogo Inc.; National Wildlife Federation; American Cancer Society; and Does [Does are as-of-yet-unnamed defendants], Case No. 4:12 cv 3112 DMR.
<br /><br />
2. Charles Carreon appears as "attorney pro se," meaning "I am attorney but am representing only myself"....
<br /><br />
3. CNS included the following description of the case, which is most likely drafted by CNS upon review of the complaint: "Trademark infringement and incitement to cyber-vandalism. Defendants Inman and IndieGogo are commercial fundraisers that failed to file disclosures or annual reports. Inman launched a Bear Love campaign, which purports to raise money for defendant charitable organizations, but was really designed to revile plaintiff and his client, Funnyjunk.com, and to initiate a campaign of "trolling" and cybervandalism against them, which has caused people to hack Inman's computer and falsely impersonate him. The campaign included obscenities, an obscene comics and a false accusation that FunnyJunk "stole a bunch of my comics and hosted them." Inman runs the comedy website The Oatmeal."
</i></blockquote>
As Ken notes, the summary from CNS may be flawed.  In fact, it clearly is, because it says "Inman's computer" was hacked, and I'm sure the complaint means Carreon's.  So take it with a grain of salt until the actual filings appear on PACER or Carreon shares them with others.  However, there would appear to be a bunch of problems with the filing if the other parts are accurate.  Let's start with the big one: Carreon is filing for himself, representing himself.  According to the report above, it does not appear that he is doing this representing Funnyjunk.  That raises significant questions about what standing Carreon has alone, unless he's arguing that Carreon <i>is</i> Funnyjunk as well.  Either way, Carreon seems to rely on things said about Funnyjunk, but is still filing on his own behalf.  That's just weird.
<br /><br />
Blogger Nick Nafpliotis called Carreon on Friday and <a href="http://www.ramblingbeachcat.com/2012/06/not-backing-down-rambling-beach-cat.html" target="_blank">posted an interview with him</a>, which reveals a bit more behind Carreon's thinking on the legal front, and may explain why IndieGoGo and the charities are included in the lawsuit:
<blockquote><i>
Carreon replied that under California law, you must be properly registered to conduct a fundraiser, something he is certain that Mathew Inman (operator of The Oatmeal) and IndieGoGo (the crowdfunding site being used The Oatmeal) are not.
<br /><br />
"You might think of it as the 'Pseudo Santa' law," he explained. "Anybody can get a Santa suit. Then around Christmas time, you can probably make pretty good money wearing one outside of Macy's, ringing a bell, and saying you'll give the money to the Salvation Army. But you can't do that."
<br /><br />
Carreon went on to say that he had been in contact with the American Cancer Society and the National Wildlife Federation and confirmed that Indiegogo had not executed the proper fundraiser paperwork.  He explained that this missing documentation gives a sponsoring organization the power to shut down a campaign that may bring a charity itself into disrepute or injure its goodwill...or might be "using a charity as a human shield for a slander campaign inciting people to cyber vandalism," Carreon added.
</i></blockquote>
Even given all of that, I'm not sure why IndieGoGo, NWF or ACS were included.  Even if we assume that Carreon is correct that this is some sort of "illegal" fundraiser, it seems like IndieGoGo should be protected under Section 230 of the CDA.  Amusingly, since Carreon continually insists that Funnyjunk is protected under the DMCA's safe harbors, you would think he would be up on the 230 safe harbors as well.  Separately, again, even assuming that Carreon's analysis is correct, I'm not sure why that gives <i>him</i> standing to sue.  Others (the charities? the government?) would seem like more reasonable entities who could bring a case.  But Carreon?
<br /><br />
IndieGoGo has told others that Carreon did, indeed, request it take down Inman's fundraising effort, and it <a href="http://arstechnica.com/tech-policy/2012/06/lawyer-tries-and-fails-to-shut-down-the-oatmeals-charitable-fundraiser/" target="_blank">turned him down</a>, but (unlike the DMCA safe harbors), that's not that big of a deal.  There's no "takedown" requirement to retain immunity in Section 230.
<br /><br />
Separately, I can't see where there's a trademark claim.  Carreon has indicated that he has trademarked his name, but unless there's something in the filing that shows something completely different than what's currently been made public, I can't see how there's any trademark issue at all.  Inman's statements may have mocked Carreon, but that's not trademark infringement. You'd have to be using the name in commerce in a manner that caused a likelihood of confusion in that people would somehow believe that Carreon supported Inman's actions.  That is difficult to believe no matter how you look at this.
<br /><br />
We'll wait to see what's in the actual filing, but from what's already been said, this seems like a massive uphill battle, and one not made any better by the fact that he appears to be suing two famous charities in the process.
<br /><br />
Two other points: 
<ol>
<li>In that <a href="http://www.ramblingbeachcat.com/2012/06/not-backing-down-rambling-beach-cat.html" target="_blank">interview with Nafpliotis</a>, Carreon makes some odd justifications for why he thinks it's okay to blame Inman for various attacks on his site (and a fake Twitter account).  He basically says that because the comics that Inman draws are "dehumanizing," it's fair to assume that the attacks are because of that -- and (I'm not joking) compares it to Disney drawing cartoons that mocked Japanese people leading to Truman dropping the bomb on Japan:
<blockquote><i>
"It might not have seemed very dehumanizing when Walt Disney made Japanese people look silly with buck teeth and big glasses who could not pronounce their 'R's or their 'L's.  But it was dehumanizing, and the purpose was to direct evil intentions against them, which ultimately resulted in the only nuclear holocaust that ever occurred in the history of humanity.  I don't think Truman would have ever done that if we hadn't so dehumanized the enemy."
<br /><br />
"When you dehumanize someone, that is the first step to inciting people. The emails that I've gotten...many of them wish me death or wish for the complete collapse of my law practice...and they are virtually all uninformed."
</i></blockquote>
If people are sending Carreon nasty emails, that's a pretty stupid thing to do, but it's silly to blame Inman for it.
<br /><br />
Carreon also hints that Inman might be responsible for someone setting up a fake Twitter account in his name which had some "offensive statements."  His evidence that Inman was responsible?  At the same time that the fake account tweeted some stuff, Inman posted a <a href="https://twitter.com/Oatmeal/status/213350365314289665" target="_blank">tweet</a> mocking Carreon in somewhat offensive terms.  That tweet did not link to or reference the fake account, but according to Carreon: "I don't know if that's coincidence. Why was he on twitter at the same time the impersonator was? I don't know."
<br /><br />
We've suggested in the past that Carreon might want to learn a bit more about how the internet works.  And here's one reason why: many people who use Twitter <i>are pretty much always on Twitter</i>.  There's nothing surprising or odd about being on Twitter all the time.  Inman's tweet indicates that he uses TweetDeck, one of (if not) the most popular Twitter applications, which you leave running all the time and thus has you "on Twitter" basically all the time.<br /><br /></li>
<li>As most people know, you will find perhaps no person around who is more vehement in saying that copyright infringement is not theft.  I have argued that at length for years.  Copyright infringement is not theft.  It's not theft, it's not stealing.  It's just not.  That said, in no way do I think that someone who discovers that their work has been infringed and then refers to it as "theft" or "stealing" has "defamed" someone else.  That's just crazy.  It's an inaccurate portrayal, but one that is used colloquially all too frequently.  To rise to the level of defamation would be something else entirely.   Of course, it does not appear from the description that defamation is even a consideration here, since the lawsuit is from Carreon not Funnyjunk.</li></ol>

Lastly, Inman here has definitely won in the court of public opinion, and Carreon's legal efforts aren't doing him any favors in that battle -- by just not knowing when to stop digging (and almost creating a Godwin's law reference).<br /><br /><a href="http://www.techdirt.com/articles/20120618/00025519366/charles-carreon-sues-matthew-inman-charities-hes-raising-money.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120618/00025519366/charles-carreon-sues-matthew-inman-charities-hes-raising-money.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120618/00025519366/charles-carreon-sues-matthew-inman-charities-hes-raising-money.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>wow</slash:department>
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<pubDate>Tue, 24 Feb 2009 16:48:00 PST</pubDate>
<title>British Charities Discover Web Filters Don't Work</title>
<dc:creator>Carlo Longino</dc:creator>
<link>http://www.techdirt.com/articles/20090223/1147443866.shtml</link>
<guid>http://www.techdirt.com/articles/20090223/1147443866.shtml</guid>
<description><![CDATA[ A number of British children's charities are complaining that some ISPs in the country <a href="http://news.bbc.co.uk/2/hi/technology/7904607.stm">aren't using the Internet Watch Foundation's blacklist</a> to "block" access to child porn. Firms providing some 5% of the country's broadband connections haven't implemented the blacklist, either because they recognize that it doesn't work, or because of the expense. Keep in mind this is the same blacklist that blocked Wikipedia and <a href="http://techdirt.com/articles/20081207/1805293043.shtml">screwed up</a> UK edits of the site, and also <a href="http://techdirt.com/articles/20090114/0836543407.shtml">blocked</a> the Internet Archive's Wayback Machine. The charities say that households connected by the non-conforming ISPs have "easy access" to child porn, but given the <a href="http://techdirt.com/articles/20060517/2243224.shtml">long history</a> of filters and blacklists of not actually working, it's hard to imagine that the filters have a significant effect beyond breaking access to noninfringing content. There's no doubt that child porn is reprehensible, but by presenting the blacklist as the be-all, end-all solution, these charities risk pulling attention and resources away from better solutions. After all, blocking consumption of child porn seems a less satisfying solution than working to stop its production.<br /><br /><a href="http://www.techdirt.com/articles/20090223/1147443866.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090223/1147443866.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090223/1147443866.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>figuring-it-out</slash:department>
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