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Mike Cernovich | Pepe the Frog Page 2 of 2 RANDAZZA LEGAL GROU P During the 2016 presidential campaign, Pepe became a symbol of the alt-right. Mr. Furie tolerated such use, 5 but otherwise specifically distanced himself from the alt-right movement.6 The use of Pepe by Mr. Cernovich goes beyond, for example, Milky Way Productions' use of Pillsbury's "Poppin' Fresh" character, in which fair use was found for the wholesale use of the character in a fictional scene as commentary on the corporation. See Pillsbury Co. v. Milky Way Prods., No. C78-679A, 1981 U.S. Dist. LEXIS 17722 (N.D. Ga. Dec. 24, 1981). Here, Pepe of the alt-right has taken a life of its own, far distinct from the original character. We will charitably construe your letter as an attempt by Mr. Furie to alter the perception of Pepe by the public. We also notice, however, that Mr. Furie has undertaken a Kickstarter to utilize Pepe commercially. And, the release of statements to the media rather than simply attempting to work with Mr. Cernovich, suggests an ulterior motive in support of Mr. Furie's commercial venture. In fact, our view is "charitable," in name only, and your patent attempt to gain publicity for the commercial venture through Mr. Cernovich is foolish To that end, please advise your client that Mr. Cernovich has, at his discretion, removed the video from YouTube and Facebook, but reserves the right to republish them at his pleasure. Further, he won't see a dime from Mr. Cernovich. Should you choose to file suit against Mr. Cernovich, we will be delighted to embarrass the f--- out of you - and set up a malpractice claim by your client against you. Because if you really don't understand fair use, you should leave copyright law to lawyers who do We expect a prompt acknowledgement that you are withdrawing your demands. Thank you for your attention to this matter. Sincerely, Marc J. Randazza cc Client (via separate email) 5 Notably, he took no action in the year and a half since Breitbart published the version of Pepe used in the banner. See http://www.breitbart.com/tech/2016/03/29/an- establishment-conservatives-guide-to-the-alt-right/ 6 See https://www.dailydot.com/unclick/matt-furie-pepe-the-frog-alt-right

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Cernovich & Randazza Legal Group responds (Part 2).


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Uploaded Sep 19, 2017 at 08:47PM EDT

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Pepe the Frog DMCA Takedowns

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Mike Cernovich’s lawyers respond to frivolous Pepe the frog lawsuit threat - Medium.

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mike cernovich, marc randazza

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