Charles Hernan Carreon (born April 7, 1956) is an American trial
attorney
Attorney may refer to:
* Lawyer
** Attorney at law, in some jurisdictions
* Attorney, one who has power of attorney
* ''The Attorney'', a 2013 South Korean film
See also
* Attorney general, the principal legal officer of (or advisor to) a gove ...
best known for his involvement in a legal dispute between
The Oatmeal
''The Oatmeal'' is a webcomic and humor website created in 2009 by cartoonist Matthew Inman. It offers original comics, quizzes, and occasional articles. Inman has produced a series of ''Oatmeal'' books with content from the webcomic and previou ...
webcomic and content aggregator FunnyJunk. As of 2012, he represented individuals and companies in matters pertaining to
Internet law
Information technology law (also called cyberlaw) concerns the law of information technology, including computing and the internet. It is related to legal informatics, and governs the digital dissemination of both (digitized) information and sof ...
.
Life and career
Carreon was admitted to the
State Bar of California
The State Bar of California is California's official attorney licensing agency. It is responsible for managing the admission of lawyers to the practice of law, investigating complaints of professional misconduct, prescribing appropriate disciplin ...
in 1987 and the
Oregon State Bar
The Oregon State Bar Association (OSBA) is a public corporation and instrumentality of the Oregon Judicial Department in the U.S. state of Oregon. Founded in 1890 as the private Oregon Bar Association, it became a public entity in 1935 that regulat ...
in 1993.
In October 2005, Carreon was
suspended by the Oregon State Bar for 60 days for the
unlawful practice of law and failing to deposit or maintain client funds in trust.
[Oregon State Bar (November 2005)]
Charles H. Carreon OSB #93469.
''Oregon State Bar Bulletin''
In September 2006, Carreon was suspended for two years by the State Bar of California,
stayed, and placed on two years of
probation
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration.
In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...
with an actual 60-day suspension for violating his duty to maintain client funds in trust, and for
practicing without a license
Practicing without a license is the act of working without the licensure offered for that occupation, in a particular jurisdiction.Springhouse Corporation. (2004) ''Nurse's legal handbook.'' Lippincott Williams & Wilkins, Most activities that req ...
in Canada.
Carreon and his wife have two daughters. Their son Joshua died in 2007.
[Staff report (February 16, 2007)]
Updated: One person dies in collision.
''Redding Record Searchlight
The ''Redding Record Searchlight'' is a newspaper serving Redding, California. It has a daily circulation of about 30,000 and hosts a Redding news Web site, Redding.com.
History
On October 17, 1938, the John P. Scripps Newspaper Group publ ...
''[Staff report]
Farewell To A Good Man.
''Ashland Free Press''
Sex.com
Carreon was part of the legal team that successfully litigated the
Sex.com
Sex.com videos is an Internet domain name and web portal currently owned by Clover Holdings LTD. The domain name was the focus of one of the most publicized legal actions about ownership of domain names. Kieren McCarthy, a journalist who followed ...
domain-name rights case.
[Philipkoski, Kristen (August 4, 2000)]
This Sex Drama's Getting Hot.
''Wired
''Wired'' (stylized as ''WIRED'') is a monthly American magazine, published in print and online editions, that focuses on how emerging technologies affect culture, the economy, and politics. Owned by Condé Nast, it is headquartered in San Fra ...
''[Staff report (June 13, 2003)]
Six-year battle over sex.com settled.
''Sydney Morning Herald
''The Sydney Morning Herald'' (''SMH'') is a daily compact newspaper published in Sydney, New South Wales, Australia, and owned by Nine. Founded in 1831 as the ''Sydney Herald'', the ''Herald'' is the oldest continuously published newspaper i ...
''
The sex.com rights case was brought after entrepreneur
Gary Kremen
Gary Kremen (born 20 September 1963) is an American engineer, entrepreneur and politician who founded the personals site Match.com, was the first registrant of Sex.com and founder of Clean Power Finance, and is a board member of the Santa Clara Va ...
lost control of the domain to
Stephen M. Cohen.
[McCarthy, Kieren (2007). ''Sex.com: One Domain, Two Men, Twelve Years and the Brutal Battle for the Jewel in the Internet’s Crown''. Quercus. ] The case took six years, with a $65 million judgment awarded to Kremen in 2001.
[Sex.com lawsuit]
Attorney List
Charles Carreon Declarations
Motion for Preliminary Injunction
Court Order Granting Preliminary Injunction
/ref> Carreon later brought a suit against Kremen over compensation for the case.[Glasner, Joanna (March 9, 2001)]
Sex.com Spends Day on Trial.
''Wired
''Wired'' (stylized as ''WIRED'') is a monthly American magazine, published in print and online editions, that focuses on how emerging technologies affect culture, the economy, and politics. Owned by Condé Nast, it is headquartered in San Fra ...
'' In 2008, Carreon self-published his account of events as ''The Sex.com Chronicles''.[Carreon, Charles (2008). ''The Sex.com Chronicles.'' 1 Prime Publishing, ]
American Buddha
Carreon represents American Buddha, which he describes as a non-profit
A nonprofit organization (NPO) or non-profit organisation, also known as a non-business entity, not-for-profit organization, or nonprofit institution, is a legal entity organized and operated for a collective, public or social benefit, in co ...
religious organization whose director and librarian is his wife Tara Lyn Carreon.
In 2009, publisher Penguin Group
Penguin Group is a British trade book publisher and part of Penguin Random House, which is owned by the German media conglomerate Bertelsmann. The new company was created by a merger that was finalised on 1 July 2013, with Bertelsmann initial ...
sued American Buddha over the uploading of four copyrighted books for which Penguin holds the rights.[Virtanen, Michael (March 24, 2011)]
NY court: Keep Internet copyright disputes at home.
''Bloomberg Businessweek
''Bloomberg Businessweek'', previously known as ''BusinessWeek'', is an American weekly business magazine published fifty times a year. Since 2009, the magazine is owned by New York City-based Bloomberg L.P. The magazine debuted in New York City ...
''
The Oatmeal
In June 2012, Carreon represented FunnyJunk.com in sending a demand letter
A demand letter, letter of demand, (of payment), or letter before claim, is a letter stating a legal claim (usually drafted by a lawyer) which makes a demand for restitution or performance of some obligation, owing to the recipients' alleged bre ...
alleging defamation
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
and requesting damages from Matthew Inman of ''The Oatmeal
''The Oatmeal'' is a webcomic and humor website created in 2009 by cartoonist Matthew Inman. It offers original comics, quizzes, and occasional articles. Inman has produced a series of ''Oatmeal'' books with content from the webcomic and previou ...
'' in a long-standing copyright infringement dispute.[Inman, Matthew (June 2012)]
FunnyJunk is threatening to file a federal lawsuit against me unless I pay $20,000 in damages.
''The Oatmeal
''The Oatmeal'' is a webcomic and humor website created in 2009 by cartoonist Matthew Inman. It offers original comics, quizzes, and occasional articles. Inman has produced a series of ''Oatmeal'' books with content from the webcomic and previou ...
'' On June 14, Carreon alleged he suffered "security attacks instigated by Matt Inman".[Thier, Dave]
"Funnyjunk's Lawyer Accuses The Oatmeal of Instigating Attacks Against Him"
''Forbes
''Forbes'' () is an American business magazine owned by Integrated Whale Media Investments and the Forbes family. Published eight times a year, it features articles on finance, industry, investing, and marketing topics. ''Forbes'' also re ...
'' (June 14, 2012)
On June 15, Carreon filed a ''pro se
''Pro se'' legal representation ( or ) comes from Latin ''pro se'', meaning "for oneself" or "on behalf of themselves" which, in modern law, means to argue on one's own behalf in a legal proceeding, as a defendant or plaintiff in civil cases, o ...
'' lawsuit ''Carreon v. Inman et al'' in in Oakland against IndieGoGo, Inc., the American Cancer Society
The American Cancer Society (ACS) is a nationwide voluntary health organization dedicated to eliminating cancer. Established in 1913, the society is organized into six geographical regions of both medical and lay volunteers operating in more than ...
, and the National Wildlife Federation
The National Wildlife Federation (NWF) is the United States' largest private, nonprofit conservation education and advocacy organization, with over six million members and supporters, and 51 state and territorial affiliated organizations (includin ...
, for alleged improprieties related to an ''Oatmeal'' charity fundraiser created in response to the FunnyJunk demand.[Biggs, John (June 17, 2012)]
Can I Sue You People? Troll Lawyer Sues The Charities The Oatmeal Supports.
''TechCrunch
TechCrunch is an American online newspaper focusing on high tech and startup companies. It was founded in June 2005 by Archimedes Ventures, led by partners Michael Arrington and Keith Teare.
In 2010, AOL acquired the company for approximately ...
'' Accessed June 18, 2012[Thier, Dave (June 18, 2012)]
Lawyer Charles Carreon Suing The Oatmeal, American Cancer Society and National Wildlife Federation.
''Forbes
''Forbes'' () is an American business magazine owned by Integrated Whale Media Investments and the Forbes family. Published eight times a year, it features articles on finance, industry, investing, and marketing topics. ''Forbes'' also re ...
''[Carreon v. Inman et al](_blank)
via Santa Clara Law Digital Commons Carreon stated he planned to subpoena
A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...
Twitter
Twitter is an online social media and social networking service owned and operated by American company Twitter, Inc., on which users post and interact with 280-character-long messages known as "tweets". Registered users can post, like, and ...
and Ars Technica
''Ars Technica'' is a website covering news and opinions in technology, science, politics, and society, created by Ken Fisher and Jon Stokes in 1998. It publishes news, reviews, and guides on issues such as computer hardware and software, sci ...
to determine the identity of the creator of a fake Twitter account which parodied
A parody, also known as a spoof, a satire, a send-up, a take-off, a lampoon, a play on (something), or a caricature, is a creative work designed to imitate, comment on, and/or mock its subject by means of satiric or ironic imitation. Often its subj ...
Carreon.[Thier, Dave (June 21, 2012)]
Charles Carreon Subpoeaning Ars Technica, Twitter in Oatmeal Suit.
''Forbes
''Forbes'' () is an American business magazine owned by Integrated Whale Media Investments and the Forbes family. Published eight times a year, it features articles on finance, industry, investing, and marketing topics. ''Forbes'' also re ...
'' On June 21, the Electronic Frontier Foundation
The Electronic Frontier Foundation (EFF) is an international non-profit digital rights group based in San Francisco, California. The foundation was formed on 10 July 1990 by John Gilmore, John Perry Barlow and Mitch Kapor to promote Internet ci ...
announced they were joining with the lead lawyer representing Inman, stating, "This lawsuit is a blatant attempt to abuse the legal process to punish a critic."Electronic Frontier Foundation
The Electronic Frontier Foundation (EFF) is an international non-profit digital rights group based in San Francisco, California. The foundation was formed on 10 July 1990 by John Gilmore, John Perry Barlow and Mitch Kapor to promote Internet ci ...
(June 21, 2012)
EFF Will Represent The Oatmeal Creator in Fight Against Bizarre Lawsuit Targeting Critical Online Speech.
/ref>
Lawyer Rebecca E. Hoffman of Bloomberg BNA
Bloomberg Industry Group (formerly known as Bloomberg BNA, The Bureau of National Affairs, Inc., and BNA) is an affiliate of Bloomberg L.P. and a source of legal, tax, regulatory, and business information for professionals. It is headquartered in ...
said Carreon's case could "only be described as frivolity on top of frivolousness" (referring to the concept of frivolous litigation
Frivolous litigation is the use of legal processes with apparent disregard for the merit of one's own arguments. It includes presenting an argument with reason to know that it would certainly fail, or acting without a basic level of diligence i ...
).[Hoffman, Rebecca E. (June 28, 2012)]
He let the world know about some infringement and now he's getting sued for raising $200K for charity. Wait, what?
''Bloomberg BNA
Bloomberg Industry Group (formerly known as Bloomberg BNA, The Bureau of National Affairs, Inc., and BNA) is an affiliate of Bloomberg L.P. and a source of legal, tax, regulatory, and business information for professionals. It is headquartered in ...
'' On June 25, Carreon amended his lawsuit against Inman and the other defendants to include Kamala Harris
Kamala Devi Harris ( ; born October 20, 1964) is an American politician and attorney who is the 49th vice president of the United States. She is the first female vice president and the highest-ranking female official in U.S. history, as well ...
, the state Attorney General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
of California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
. Carreon also requested a temporary restraining order
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in par ...
to stop disbursement of the donations.[Farivar, Cyrus (July 1, 2012)]
FunnyJunk lawyer aims to halt distribution of "BearLove" money.
''Ars Technica'' Carreon filed a notice of voluntary dismissal in his suit against all parties on July 3.[Electronic Frontier Foundation (July 3, 2012)]
Charles Carreon Drops Bogus Lawsuit Against The Oatmeal Creator.
/ref>[Vaugh, Alexa (July 3, 2012)]
Lawsuit against The Oatmeal comic dropped.
''Seattle Times
''The Seattle Times'' is a daily newspaper serving Seattle, Washington, United States. It was founded in 1891 and has been owned by the Blethen family since 1896. ''The Seattle Times'' has the largest circulation of any newspaper in Washington st ...
'' In July 2012, Carreon founded the website rapeutation.com and released a music video
A music video is a video of variable duration, that integrates a music song or a music album with imagery that is produced for promotion (marketing), promotional or musical artistic purposes. Modern music videos are primarily made and used as a m ...
which mocks Inman. Carreon also alleges that online commentary about him constitutes a "distributed internet reputation attack". ''Mashable
Mashable is a digital media platform, news website and entertainment company founded by Pete Cashmore in 2005.
History
Mashable was founded by Pete Cashmore while living in Aberdeen, Scotland, in July 2005. Early iterations of the site were a ...
'' named Carreon's case first among their list of "silliest tech lawsuits ever",[McClelland, Jo (July 12, 2012)]
Top 9 Silliest Tech Lawsuits Ever.
''Mashable
Mashable is a digital media platform, news website and entertainment company founded by Pete Cashmore in 2005.
History
Mashable was founded by Pete Cashmore while living in Aberdeen, Scotland, in July 2005. Early iterations of the site were a ...
'' and InfoWorld's Robert X. Cringely
Robert X. Cringely is the pen name of both technology journalist Mark Stephens and a string of writers for a column in ''InfoWorld'', the one-time weekly computer trade newspaper published by IDG.
InfoWorld
Mark Stephens was the third author t ...
wrote that Carreon's actions made him "Internet Enemy No. 1".[Cringely, Robert X. (July 13, 2012)]
FunnyJunk vs. Internet: The good guys won.
''InfoWorld
''InfoWorld'' (abbreviated IW) is an information technology media business. Founded in 1978, it began as a monthly magazine. In 2007, it transitioned to a web-only publication. Its parent company today is International Data Group, and its siste ...
''
Carreon also indicated his interest in finding and then suing the owner of satirical site charles-carreon.com, leading Public Citizen
Public Citizen is a non-profit, progressive consumer rights advocacy group and think tank based in Washington, D.C., United States, with a branch in Austin, Texas.
Lobbying efforts
Public Citizen advocates before all three branches of the Unit ...
to seek a federal declaratory judgment
A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive by which a party involved in an actual or possible legal mat ...
to protect the satirical site's owner.[Farivar, Cyrus (July 3, 2012)]
Former allies turn on Carreon, sue to halt his threats.
''Ars Technica
''Ars Technica'' is a website covering news and opinions in technology, science, politics, and society, created by Ken Fisher and Jon Stokes in 1998. It publishes news, reviews, and guides on issues such as computer hardware and software, sci ...
''
In April 2013, Carreon effectively lost the battle and was ordered to pay $46,100.25 (USD) in legal fees.[Masnick, Mike (April 11, 2013)]
Charles Carreon Has To Pay $46K In Legal Fees.
''Techdirt
Techdirt is an American Internet blog that reports on technology's legal challenges and related business and economic policy issues, in context of the digital revolution. It focuses on intellectual property, patent, information privacy and cop ...
''
In September 2013, Carreon dropped his final appeal in the case, saying, "it was a dumb thing" and "I made it worse".[Farivar, Cyrus (September 19, 2013)]
Charles Carreon finally quits fighting, calls Oatmeal battle “a dumb thing”
''Ars Technica
''Ars Technica'' is a website covering news and opinions in technology, science, politics, and society, created by Ken Fisher and Jon Stokes in 1998. It publishes news, reviews, and guides on issues such as computer hardware and software, sci ...
''
References
External links
Charles Carreon profile
via Martindale.com
Charles Hernan Carreon - #127139
via The State Bar of California
{{DEFAULTSORT:Carreon, Charles
1956 births
California lawyers
lawyers from Tucson, Arizona
living people
Southern Oregon University alumni
UCLA School of Law alumni