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by engtech 5121 days ago
Another interesting point is that the Oatmeal started a reddit-like site called http://bearfood.com 25 days ago.

I wonder if that could make him be considered a "competitor" to FunnyJunk in the eyes of the law.

3 comments

They are competitors for entertainment eyeballs anyway. Usually, competition is defined by a market (i.e. what customers get from them), not by how they manufacture their product. Of course, each litigant will construe the situation that best suits their case. related: "B. Market Lies" in http://blakemasters.tumblr.com/post/21169325300/peter-thiels...

Meanwhile, it's pageviews for everyone.

I don't see the connection between defamation and competition. Would it change the nature of the lawsuit if he were a competitor?
It might make it easier to prove there is malicious intent. If I'm in a completely separate business and I make a remark about your business practices, one can see it as an outsider making a (negative) observation if the language is only mildly disparaging. If I'm in the same business as you, it might come off as more of an attempt at me undermining you or trying to gain some benefit.

Ultimately it probably doesn't make much difference, in that defamation is usually difficult to prove anyway, but the context could sway things a bit.

It doesn't look like http://bearfood.com has advertisements so he isn't looking to make money on it. That's not to say that ads won't show up at a later date though.
Ah, that makes sense, thanks.
Wouldn't that make it easier for the Oatmeal to claim damages?