Carlos Mencia Claims Copyright Infringement On Comedian Who Accuses Mencia Of Stealing Jokes

from the ah,-the-tangled-web-we-weave dept

Fri, Feb 16th 2007 3:12am — Mike Masnick

Another day, another convoluted DMCA claim. Earlier this week, one of the hot stories getting passed around was how comedian (and Fear Factor host) Joe Rogan had confronted comedian Carlos Mencia at a comedy club in LA last weekend. Rogan's complaint was that Mencia, who has a hit show on Comedy Central, constantly uses other comedians' material as if it was his own. Rogan posted a video of the incident and interspersed the argument with additional clips proving all of his claims against Mencia, and disproving many of Mencia's claims. It is an entertaining video no matter how you look at it. Now, given our position on intellectual property issues (especially when it comes to plagiarizing), some might think that we'd support Mencia using other's jokes. However, we also have no problem with Rogan then exposing Mencia's failure to give credit where it's due. The fact is that when Mencia started using other's jokes, the risk (or price) he paid was that he might be exposed some day for it -- and Rogan has pretty damning evidence, which clearly hurts Mencia's reputation. In other words, it's not that we don't think things like plagiarism are bad -- but, rather that many people use it creatively to expand the art -- and those that don't risk harm to their own reputations (as is the case with Mencia).

So what does this have to do with technology? Well, Kevin writes in to to point out that he noticed the video on YouTube that Rogan originally pointed to from his blog has been taken down following a DMCA request from... Carlos Mencia. The video is still available elsewhere and Rogan is offering up various mirrors for downloads -- so it will likely keep appearing. However, it does seem ironic that Mencia is claiming copyright violations to takedown a video that pretty clearly shows him using other's material. It's difficult to see how Mencia has a DMCA claim at all. The video material was mostly taken by Rogan's associates -- so he holds the copyright to it. The short clips he used from other sources to prove his point are pretty clearly fair use. Either way, it seems pretty ridiculous to claim copyright infringement on a video revealing evidence that you used someone else's material without credit.

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148 Comments

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Anonymous Coward, 16 Feb 2007 @ 4:10am

It's a pretty interesting video at that, especially when it gets to the part about Carlos'/Ned's real name and nationality.
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- willg, 25 Feb 2007 @ 1:40pm
  
  Re: carlos in deep doo doo
  Carlos/Ned could be in for a rude awakening with all that stereotypical degrading humor he has been doing toward hispanics of Mexican American Decent. Especially if he's in Los Angeles. It was different when it was self depricating humor, as it turned out he was not luaghing with us, he was laughing at us. God forbid his next time out at the comedy store he runs into mexican americans.
  [ link to this | view in chronology ]
Gabriel Tane (profile), 16 Feb 2007 @ 4:38am

What's Next?
Will Carlos be slapped with legal action from Barbara Streisand for initiating his own Streisand Effect?

Don't get me wrong... I like Carlos' show and his material. But after watching the video, they were both acting like children.

For Carlos: just give the credit for your material source. Christ, we've seen reused material all the time... you're no different.

For Joe: don't go and interrupt the man's show with this kind of confrontation... while many were laughing through the whole thing, not everyone in that audience wanted to see that kind of crap. I'd be pissed if my ticket money was wasted by some little pissy bitchfight.

I hope Carlos learns from this eventually and I hope that Joe feels real good about himself. He's won... but I think it's the same Pyhrric victory as winning an online argument.
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- R0nM3x1co, 16 Feb 2007 @ 4:52am
  
  Re: What's Next?
  Just to clear the air, from what I've heard and seen, Joe didnt interrupt Ned/Carlos' show in that video.
  
  Ned/Carlos went up and took the mic from a comedian that had just finished and called Joe out. Joe went up and after a minute or so you see where they hand him a mic.
  
  Also, its reported that Ned tried to do a set after that incident and bombed.
  
  Its not a matter of winning the argument for Joe, its all about stopping lame ducks such as Carlos/Ned and Dane Cook from stealing jokes.
  [ link to this | view in chronology ]
  - The infamous Joe, 16 Feb 2007 @ 5:55am
    
    Re: Re: What's Next?
    Wait... what? Dane Cook steals jokes!? I like him though... you, Mr. RonM3x1co (if that is your real name!), need to back up these allegations before we have to bring it to fisticuffs.
    [ link to this | view in chronology ]
    - scooter zibby, 16 Feb 2007 @ 2:57pm
      
      Re: Re: Re: What's Next?
      You can find evidence of Dane Cook stealing jokes in the first post of this thread. Just listen to the mp3.
      
      http://www.cringehumor.net/forums/archive/index.php?t-183.html
      [ link to this | view in chronology ]
    - steve, 11 Mar 2007 @ 4:23pm
      
      Re: Re: Re: What's Next?
      try youtube, has a clip of 2001 louis ck cd, and clip of more recent dane cook cd ripping off same bits.
      [ link to this | view in chronology ]
  - Gabriel Tane (profile), 16 Feb 2007 @ 5:59am
    
    Re: Re: What's Next?
    Wow... Thanks for the clarification. Crap...
    
    Well, I still think it's pretty childish to air that kind of crap in that forum. Now (to me) it looks like Ned/Carlos was being more childish than Joe. But they both were being highly unprofessional.
    
    If you want to stop the Lame Ducks, then put out media on it... not little slappy-fights on stage. Even if this was Carlos' doing, arguing about it on stage isn't the way to go. I haven't seen a "Nuh UH! - Uh HUH!" fight like that since gradeschool.
    
    Oh well... it's just my opinion.
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    - !s@@c, 22 Mar 2007 @ 5:37am
      
      Re: Re: Re: What's Next?
      peoplehave been taking eachothers joke since the beginnig of the industry. everyone has done it and will continue to do it. when you are in the entertainment industry, you are an actor and you play a part. so ned or carlos or who ever he want to call him self is fine by me. everyone has a different name. but the point is you as an actor your self can not try to sabotage someone elses career because you are jealous that they are making it and you are not. they have to support each other. the whole situation was very unprofessional.
      [ link to this | view in chronology ]
    - Brad Anderson, 23 Apr 2009 @ 4:40am
      
      Re: Re: Re: What's Next?
      That's a good point, it doesn't prove anything. It's just a bitch-fight where Mencia just denies everything, and no one can tell one way or the other-- "deny, deny deny."
      
      In fact some guys did a parody of this video, but it was about a magician "stealing tricks" from other magicians; and they were arguing with the EXACT SAME WORDS about how one magician stole this trick and that trick: and he denied it THE SAME WAY that Mencia did.
      Then they go running after him, and the magician VANISHES-- and they say "well, THAT'S original."
      Funny as hell.
      [ link to this | view in chronology ]
  - Anonymous Coward, 2 Jul 2007 @ 11:48pm
    
    Re: Re: What's Next?
    man , you are probably jelous of the great work of carlos mencia , yes his name is Ned ; DAhh he has said that in thousands of shows ....
    [ link to this | view in chronology ]
- Andy, 16 Feb 2007 @ 12:20pm
  
  Re: What's Next?
  First off, Menstealia wasn't hosting nor performing that night. Joe Rogan was introducing the next comic that happens to be a friend of Carlos. Rogan introduced the comic and stated he was a friend of "Carlos Menstealia". Carlos then came up on stage and called Rogan back up on stage. Please know the facts before stating your own opinion. It saves you from getting flamed and putting out the wrong information that will bias others into the incorrect way of thinking since you have the whole situation wrong.
  [ link to this | view in chronology ]
- ned, 16 Feb 2007 @ 12:24pm
  
  Re: What's Next?
  Joe Rogan did not interrupt "Calros's" show. here is what actually happened, this is taken directly from Joe Rogans blog.
  
  "So here's how it all went down...
  I had a set at the comedy store Saturday night, and after I closed, I was bringing on the next comedian, a guy named Kirk Fox that works for Carlos Mencia.
  I introduce him saying that he's a funny guy, and that he opens on the road for Carlos "Menstealia." That’s the name we call him at the comedy store, and of course Carlos doesn't like it one bit.
  Carlos was apparently in the room when I said this, and the perfect combination of ego and timing made him decide that this was the night to put his foot down.
  As I got off stage and headed towards the back of the room, he grabbed the mike away from Kirk, and said that I was too much of a pussy to say that shit to his face. "
  
  so as you can see it was "Carlos" who was doing the interupting. and thats how this whole thing got started.
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- argumentative clown, 16 Feb 2007 @ 12:26pm
  
  Re: What's Next?
  It was very appropriate that he was called out onstage. If a man stole a wallet on the subway, would not say anything to prevent a scene? Mencia is paid to perform original material. The comedy clubs should sue him for breach of contract. Rogan should be lauded for showing character and courage. The only pussies I saw were the comedians who hid from truth to preserve a tenuous hope for a shallow dream.
  [ link to this | view in chronology ]
- Gabriel Tane is a shithead with no taste, 16 Feb 2007 @ 12:29pm
  
  Re: What's Next?
  If you like Mencia go flush yourself down a fucking toilet you tasteless fuck.
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- dan, 16 Feb 2007 @ 12:35pm
  
  Re: What's Next?
  if you investigate a little more, you'll find that joe did not interrupt the carlos gig.
  carlos had actually interrupted the set of the comedian that was to appear between him and joe. joe simply defended himself. you'll notice from the video that joe doesnt have a mic until a few minutes in to the menstealia rant.
  [ link to this | view in chronology ]
- Eduardo Sanchez, 16 Feb 2007 @ 12:52pm
  
  Re: What's Next?
  Do your homework, genius. Menstealia called Rogan back to the stage. Furthermore, Menstealia interrupted someone else's set to call Rogan back to the stage. Menstealia wasn't performing; he just happened to be in the club that night.
  
  I think the fact that Rogan is so outspoken about joke thievery says a lot for both his integrity, as well as his respect for stand-up as the art form it is.
  
  Carlos Mencia isn't funny even when he's stealing other people's shit. He's an unwatchable hack.
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  - Gabriel Tane (profile), 16 Feb 2007 @ 1:01pm
    
    Re: Re: What's Next?
    Responding to a few different posts here, so bear with me.
    
    "Joe Rogan did not interrupt "Calros's" show. here is what actually happened, this is taken directly from Joe Rogans blog."
    -ned
    
    Yeah, sorry about that... I was going off the video I saw on Break.Com yesterday and I formed the wrong impression. Yup... I WAS WRONG! Everyone can read that here and now.
    
    So anyways, yeah, NedCarlos wasn't interrupted and actually did the interrupting. This means that Joe isn't unprofessional for interrupting as I had previously said. But, Joe could have easily stopped the ensuing pissyfight by telling NedCarlos to get the hell off the stage if he was hosting.
    
    which leads to this...
    
    "If a man stole a wallet on the subway, would not say anything to prevent a scene?"
    -argumentative clown
    
    Ooohhh kaaayy... What does stealing a wallet on a train have to do with this?
    
    If you mean "answer the challenge when it's issued"... ok, I can roll with that. Yeah, Joe can save face and not "admit to being a pussy" (or whatever NedCarlos was accusing him of)... or he could have easily turned it around and made NedCarlos look like a childish fool up there (see below). If Joe is half the comic that people here believe him to be (I have no opinion on him, by the way. I've never heard his material... stolen or otherwise), then he could have twisted NedCarlos up and tossed him away. Then NedCarlos would be on stage looking like an embarrassed tool.
    
    But instead he played right into NedCarlos' hand and got into a going-nowhere argument in public. With both of them looking like tools. It just happens that NedCarlos came out on the lower end after this one.
    
    "Mencia is paid to perform original material. The comedy clubs should sue him for breach of contract."
    -argumentative clown
    
    And you have a copy of this breached contract? Mencia is paid to perform stand-up comedy... no one ever said that it had to be original. That's a matter for copyright law.
    
    "Rogan should be lauded for showing character and courage."
    -argumentative clown
    
    In my opinion, Rogan would have shown character and courage by swallowing his pride over being called a pussy by Mencia and said "I'm not going to argue here Ned. I'm going to let this guy do his bit, as the fine people here paid to see". He would have come off looking like solid gold and Mencia would have looked like a childish prick.
    
    "If you like Mencia go flush yourself down a fucking toilet you tasteless fuck."
    
    Yeah, I don't even have to try on this one. Moving on...
    
    While typing all this, I checked, and like 3 more people posted how I was wrong about the interruption...
    
    THANK YOU! I KNOW! I retract that part of my comment AND MY GOD HAVE MERCY ON MY SOUL!
    
    Seriously people... read the comments before tossing your two cents in. 9 times outta 10, someone else has already made the point. I don't mind being told when I'm wrong, but (to quote a funny movie)... "yes, ::sigh::, I got the memo".
    [ link to this | view in chronology ]
    - arguementative clown, 16 Feb 2007 @ 2:40pm
      
      Mencia defense
      The breached contract is an industry standard, of which I am familiar as I have been employed as a stand-up comedian. Club owners don't enforce this with litigation, they simply don't hire the hack again, that is, if they care. They usually don't. Stealing material matters because it is intellectual property. People feed their kids with stupid fart jokes. It may seem pointless, but people pay to hear it. It matters because it's someone's craft.
      [ link to this | view in chronology ]
    - Anonymous Coward, 16 Sep 2019 @ 9:34am
      
      Re: Re: Re: What's Next?
      Really man shouldn’t you look at the entire video before making a comment you’re going up people for not reading comments when you made comments about not even watching the whole video
      [ link to this | view in chronology ]
  - Fucckkaaroo, 28 Feb 2007 @ 8:28am
    
    Re: Re: What's Next?
    **Menstealia**....... LMAO
    
    Now thats original..
    
    I like that,
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    - Anonymous Coward, 2 Jul 2007 @ 11:51pm
      
      Re: Re: Re: What's Next?
      that was stupid , i didn't see the fun of it , i think he is only a jelous loser , he will have to wait decades to have the fame and the money that carlos has.
      [ link to this | view in chronology ]
- Anonymous Coward, 16 Feb 2007 @ 1:16pm
  
  Re: What's Next?
  Umm, it was after Rogan's set, which is why he had his camera people there. Ned was the one who went onstage and called him out. He got what he deserved - he got exposed.
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- andy, 16 Feb 2007 @ 2:03pm
  
  Re: What's Next?
  just fyi, it was carlos who brought joe on stage. joe wanted to talk to carlos after the show, but carlos instigated joe and brought him onto the stage.
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- Carlos Menstealia, 16 Feb 2007 @ 2:16pm
  
  Re: What's Next?
  "For Joe: don't go and interrupt the man's show with this kind of confrontation..."
  
  Wow, you obviously have no idea what you're talking about, and all you did was watch the video and not read the setup that clearly spells out what happened on Joe Rogan's page.
  
  JOE ROGAN was performing that night, and after he was done he announced the next comedian, Kirk, who happened to have worked with Carlos Mencia. But Joe called him, "Carlos Menstelia". Carlos was in the audience, and Joe walked off stage, handed the microphone to Kirk.
  
  Carlos then walks up on stage, SNATCHES the mic away from Kirk, and proceeds to say how much of a pussy Joe Rogan is that he didn't stay up on stage to confront him like a man.
  
  So get your facts straight before you start spewing bullshit. You were'nt in the crowd, and obviously didn't watch the entire video because at many points Joe Rogan was getting massive crowd support.
  
  This is why the internet is both good and bad: People dont' take the time to actually READ, they just watch videos and come up with half assed opinions.
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  - Gabriel Tane (profile), 16 Feb 2007 @ 2:22pm
    
    Re: Re: What's Next?
    "This is why the internet is both good and bad: People dont' take the time to actually READ, they just watch videos and come up with half assed opinions."
    -Carlos Menstealia
    
    Kinda like when people read the second comment in a forum then post the half-assed opinion that they're the first one to point out an error. And are actually like number 10 or so.
    [ link to this | view in chronology ]
- Daniel, 16 Feb 2007 @ 2:20pm
  
  Re: What's Next?
  Rogan didn't interrupt carlos. As a matter of fact, mencia called rogan on his bluff in one of the audio clip. So it was all mencia's doing. He fucked himself in the rear by getting rogan on stage and giving him a mic. Mecia, the idiot, thought the crowd was behind him. What an idiot!
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- dana, 16 Feb 2007 @ 2:39pm
  
  Re: What's Next?
  the one comment saying that rogan interupted mencia's act is wrong. mencia took the stage and interupted someone else's show
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- JHKR, 16 Feb 2007 @ 2:57pm
  
  Re: What's Next?
  Joe didn't interrupt the show. Joe had just finished his set and was turning the show over to another comedian (not Mencia). It was Mencia that got on stage and called Joe out to which Joe responded.
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- Shawn, 16 Feb 2007 @ 4:10pm
  
  Re: What's Next?
  Just want to let you know, you're mistaken about the details surrounding the video.
  
  Joe Rogan was performing that night. He introduced a friend of Carlos Mencia after his set, and mentioned that he toured with Carlos "Menstealia."
  
  When this happened, Mencia, who wasn't performing that night, took the stage and a mic, and called Rogan a few choice words. Basically, he was insinuating that he was scared to confront Mencia face to face. So Rogan, having been called out, went up on stage.
  
  If anyone had no right to go on stage, it was Carlos Mencia.
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- ben, 16 Feb 2007 @ 5:44pm
  
  Re: What's Next?
  Joe wasn't confronting Holness. Ned got up on stage, interrupting the comic performing, and called Rogan up.
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- Anonymous Coward, 16 Feb 2007 @ 6:24pm
  
  Re: What's Next?
  ok first off to you joe didn't iterrupt his show. Joe introuduced the next comic bobby lee and said ohh he opens for carlos "menstealia". so carlos decide to be a big man and go up on stage interrupting everything and starting shit where he shoudnt cause he did in fact steal jokes he is the bitch and he needs to get his ass kicked for making money off other peoples jokes and not being a real comedian and comeing up with his own jokes
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- Anonymous Coward, 16 Feb 2007 @ 7:08pm
  
  Re: What's Next?
  Joe was done with his set and Carlos was introducing the next guy...Joe called him "Carlos Menstealiea" and Carlos got pissed and called joe up on stage.
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- Sean Curran, 16 Feb 2007 @ 9:14pm
  
  Re: What's Next?
  That wasn't Mencia's show, it was Rogan's. Mencia was in the audience when Rogan made a comment at his expense. Thus the confrontation.
  
  just clearing up a misunderstanding
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- Payattention, 18 Feb 2007 @ 12:26am
  
  Re: What's Next?
  Joe did not interrupt 'the man's show', he wasn't even SLOTTED for that night. Joe was doing his own bit, then introduced the next comic by saying something like "This next guy is great, he's opened for Carlos Menstealia". Carlos then got on stage and interrupted the 'newbie' comic's routine to try and say Joe wouldn't say it to his face.
  
  It's not the sasme Pyhrric victory. Denis Leary, Robin Williams, Ned/Carlos, ALL JOKES STEALERS. Comedy should be no different than music, if your favorite band did an album they called new, but it was really all someone else's, you would feel a little disenfranchised. It takes a lot of bombing on stage to get a joke to come out funny sometimes, but if you're just stealing stuff you did 0 work.
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- Anonymous Coward, 18 Feb 2007 @ 7:04pm
  
  Re: What's Next?
  It's pretty apparent that he didn't interrupt carlos, in fact carlos interrupted someone else's show to call him out. read the story in joe rogan's blog.
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- Anonymous Coward, 19 Feb 2007 @ 5:22am
  
  Re: What's Next?
  you a loser. mencia opps, i mean ned is a thief and a fake. joe rogan is a hero and has balls to confront the fat loser like that.
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- Saint Gasoline, 19 Feb 2007 @ 6:11am
  
  Re: What's Next?
  Gabriel, you call Rogan childish and insinuate that he "interrupted" Mencia. If you were familiar with the whole story, though, you'd know that Mencia actually hopped up on stage and interrupted another comedian after Rogan introduced the next comedian on stage, and Mencia basically said that Rogan wouldn't insult him to his face.
  
  So, really, it was Mencia who childishly interrupted another comic's set.
  [ link to this | view in chronology ]
- Mitch, 19 Feb 2007 @ 12:03pm
  
  Re: What's Next?
  Rogan was not busting in on Mencia's show. It wasn't even Mencia's set. Rogan went on first, and was supposed to introduce the next comic, who happened to be a guy who writes for and travels with Mencia. Rogan inroduced him as being a memeber of the "Menstealia" team. Mencia then got on stage and took the mic from the Fox guy, and then stated that Rogan was "too much of a bitch" to get on stage and accuse him in public.
  
  So, after being called out, Rogan instantly got on stage.
  
  I'm really curious to see how Mencia will rebute all the evidence that Rogan provides off the top of his head. If this is just the jokes that Rogan thought of while emotionally hot, and in front of an audience, and directly to Mencia, think about how many examples Rogan probably forgot.
  
  Mencia is a fag.
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- Sam, 23 Feb 2007 @ 12:03pm
  
  Re: What's Next?
  this wasnt' mencia's show. it was one of carlos's friends. Joe had already performed and mencia got on stage and called him out for saying "Menstealia."
  [ link to this | view in chronology ]
- Rick, 14 Mar 2007 @ 11:26am
  
  Re: What's Next?
  Just so you know, Joe didn't interrupt Carlos. It was the other way around: Joe introduced someone who worked for Mencia at one point, but said "Menstealia" and Carlos felt it necessary to go up on stage and confront him.
  [ link to this | view in chronology ]
- jayrock, 15 Mar 2007 @ 11:38am
  
  Re: What's Next?
  first of all, if you paid better attention to what you're criticizing your newfound cognizance would take you to place called "what really happened". Carlos Menstealia stole another comic's slot to confront the esteemed mr. rogan and got his reputable career reemed out like a virgin ass in san quentin. He was exposed like a bad zone defense in march. And he is different because he has built a high profile and has immensely profitted from plagiarizing and somehow the jokes lose their humor in translation. One more thing, HE'S NOT EVEN FUCKING MEXICAN DUMBASS!!!! Even that's a lie. My money would be much rather spent on "some little pissy bitchfight" than watching some fat guy pretending to be mexican performing a very non-funny act which isn't even his in the first place. Something tells me that you're a big milli vanilli fan.
  [ link to this | view in chronology ]
- Jon Jennings, 21 Mar 2007 @ 6:14pm
  
  Re: What's Next?
  It wasn't Carlos's show. Joe Rogan called Carlos, "Carlos Menstealia" while introducing another comedian. Carlos, who was at the club, then came on stage.
  [ link to this | view in chronology ]
- Anonymous Coward, 27 Mar 2007 @ 4:38pm
  
  Re: What's Next?
  Um, you got your facts mixed up. It was Mencia who interrupted the show. When he got up there, someone heckled, "Who are you!?!"
  [ link to this | view in chronology ]
- Gianni, 13 Apr 2007 @ 5:03pm
  
  Re: What's Next?
  Who cares where the joke came from! Did it make you laugh?
  [ link to this | view in chronology ]
David King, 16 Feb 2007 @ 5:06am

This shtik was funny with Hope and Crosby, but it's just sad, now.
[ link to this | view in chronology ]
christpuncher, 16 Feb 2007 @ 6:12am

Carlos Mestealia
Joe was really speaking for a lot of comedians on that particular night. Menstealia is truly notrious for stealing jokes throughout the industry. You can only get away with that for so long before it is going to catch up to you.
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Jim, 16 Feb 2007 @ 6:14am

Hey,

This isn't the first time a comedian stole jokes and got caught doing it. Also its not the first time Joe Rogan has gone out of his way to call people out about stealing other comedian's jokes and not giving them credit. He's a leader in the critics of Dennis Leary. Because Leary stole Bill Hicks act for Leary's only real successful comedy album "No Cure For Cancer". Since Bill Hicks died in 1994 of Cancer Leary got away with it, but the "Why is Dennis Leary famous and Bill Hicks isn't? (Answer: "No Cure For Cancer") has followed him for over a decade. If you want to see a never ending argument go to Bill Hicks or Dennis Leary's pages on IMDB and look for the threads of this argument.
[ link to this | view in chronology ]
- pudro, 16 Feb 2007 @ 9:47am
  
  Re: Jim (no. 8)
  Leary didn't steal Bill Hicks's act, just some jokes. Their acts had similar "attitude" and they were on friendly terms. Until Leary stole jokes from Bill, well before Hicks died. Leary was even confronted about it by a friend of Bill's that witnessed it before Leary had recorded the album. And Hicks was alive when the album came out, and that didn't stop Leary's success. Hicks was more hurt by the recording of the stolen jokes, not the stealing and using them in his act in clubs.
  
  And your answer of "No Cure For Cancer" should be "Because there's no cure for cancer". Your answer implies that the album is directly responsible in some way, when the real intention is to say "because Hicks died" while only hinting at the album name. Either way it is just a joke and has nothing to do with why Hicks never became famous.
  
  Leary is famous because of his attitude and style that he puts out while still staying in a safe zone. Hicks always pushed the boundaries, addressing things on a level that sometimes transcended comedy (while still being funny). Basically, Hicks remained relatively unknown because the majority of people are stupid and set in their ways. Leary's path allows for a quick rise to the top. The path Bill Hicks chose could take him to the top, but it wasn't certain and it would take a long time and a lot more work. Unfortunately, time was one thing he didn't have.
  [ link to this | view in chronology ]
- Darryl Rhoades, 23 Feb 2007 @ 10:06am
  
  Re: Denis Leary/Bill Hicks argument
  Comics not only steal from other comics but they are rewarded for it. Leary has gone on to have a successful TV/Movie career and Hicks is still dead. Mencia...well, he has his HBO show and is doing lucrative commercials and the comics that he stole material from, well, they're on the road somewhere in Idaho in a small club trying to pay their rent.
  [ link to this | view in chronology ]
- Anonymous Coward, 2 Jul 2007 @ 11:54pm
  
  Re:
  i think that joe is jsut a 5 cents comedian that doesnt have anything better to do
  screw that guy. MEncia is funnier
  [ link to this | view in chronology ]
R0nM3x1co, 16 Feb 2007 @ 6:50am

re: Carlos Menstealia and Lame Cook / Dane Crook
Meh...I tend to slightly agree with Gabe to a point...i dont think anyone but Joe has the balls to bring this kind of thing to the forefront. Its only a matter of time before the mainstream media picks up on this. I've seen a few petitions spring up already asking for Ned's show to be booted from Comedy Central.

For those who are wondering where the Dane Cook thing ties in to this - he's accused of stealing jokes from Louis C.K....here's a link to the video/audio

http://www.redban.com/audio/danesteals.mp3
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- Ginny, 16 Feb 2007 @ 8:46am
  
  Re: re: Carlos Menstealia and Lame Cook / Dane Cro
  I've heard this clip a thousand times over.
  
  Dane Cook didn't steal this guy's stuff at all. The jokes don't even have the same punch line! Similar, but they're not the same.
  
  And HOW do we know that this guy didn't make this joke after Dane Cook did his stand up? I mean, that sounds like a good way to get money. Dane does a joke, the other guy does one similar, records them together, and says that Dane took his ideas.
  
  Really... With the world it is today, don't be surprised.
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Shohat, 16 Feb 2007 @ 7:00am

One of those things that nobody cares about
Woah. He is using my jokes to make a living . Somebody call the cops !!!! Seriously , who could ever care about who "steals" jokes from whom .
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- Dave, 16 Feb 2007 @ 11:05am
  
  Re: One of those things that nobody cares about
  "who could ever care about who "steals" jokes from whom..."
  
  I care. Writing comedy is difficult. It requires work and creativity. Stealing is easy--and it's not fair to the people who came up with the original material. If everyone stole jokes, everybody could be a successful comedian--and, eventually, the artform would die; because nobody with any real talent would bother working if they knew someone would just swoop in and steal their work.
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  - !s@@c, 22 Mar 2007 @ 8:04am
    
    Re: Re: One of those things that nobody cares abou
    and you think that everything out right now is new? music producers ,for example, are constantly sampling other people's stuff. puffy for example made biggie large by making beats that were by such artist as earth, wind and fire:comodores and others. but the masses eat it up. so are we any better? such is the nature of the industry. chris rock, eddy murphy have taken from richard prior.
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- Turkish D, 16 Feb 2007 @ 1:09pm
  
  Re: One of those things that nobody cares about
  Umm... professional comedians?
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- Partridge, 16 Feb 2007 @ 1:13pm
  
  Re: One of those things that nobody cares about
  II'm sure if you had written the jokes, you would care. Comedians make a living (earn money) by writing jokes and then, if they are a few of the lucky ones, affording themselves a decent lifestyle. Were I to steal someones novel, song, or painting and try to pass it off as my own, it would be a no-brainer. Just because a person is funny for a living doesnt mean they arent entitled to be taken seriously when it comes to their art.
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- Chad, 16 Feb 2007 @ 2:49pm
  
  Re: One of those things that nobody cares about
  Are you serious? That is how they make a living. That would be like if you were an inventor and one of your inventor friends stole your idea and got rich from it. In the meanwhile you're still working your tail off living in an apartment while they are chillin in a mansion living the good life off of your ideas. I used to be a carlos mencia fan. I was totally unaware he jacked other peoples comedy. Now I know.
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- Anonymous Coward, 16 Feb 2007 @ 8:17pm
  
  Re: One of those things that nobody cares about
  hmmm... maybe a comedian???
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- Professional Comedian, 21 Feb 2007 @ 8:28pm
  
  You are an idiot.
  If you had any idea what it's like to work hard at writing jokes you'd know what it's like to have your work ripped out from under you. It's kinda like when you flip a bunch of burgers and your buddy at BK tells the manager he flipped 'em and steals the credit. Now you have to reflip a bunch of burgers. Kinda frustrating, isn't it?
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- Matt, 28 Apr 2007 @ 1:22pm
  
  Re: One of those things that nobody cares about
  When Mencia has a platform like his show on Comedy Central, and uses it to perform OTHER people's jokes; you don't see a problem with that? You think up-and-coming comedians who are actually THINKING UP and WRITING this material want him using it as his own? You don't think they have a hard time making it to his level of success when their material is already being used by no talent hacks like Ned Mencia? He's dumbed his material down to a level that only thoughtless idiots can sit and enjoy his "comedy". And for Mencia to get up and actually have the audacity to deny that he uses other peoples' material is just amazing to me. I'm so glad that Joe has the balls to call him out. I wish he would have jacked Ned up on stage....you notice how mencia never stood up from his stool..(risk getting beat down)
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- Ed, 27 Jul 2012 @ 4:46pm
  
  Re: One of those things that nobody cares about
  Could say the same thing about songs, this jokes are intelectual property, you dumbass
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Matt, 16 Feb 2007 @ 7:00am

Joe Rogan is not Credible
I just heard Joe Rogan last week on the Penn Jillette radio show, unfortunately the show is no longer available from the radio show website.

Joe was on the show to counter Phil Plait (www.badastronomy.com) who is a professional astronomer. The topic? Humans have never landed on the moon. That is correct, Joe Rogan does not believe that humans ever landed on the moon. He actually believes that crap. Even though Phil told him point blank as a professional astronomer, and moon landing hoax debunker that his wrong, Joe firmly sticks to his conviction that we never landed on the moon.

Joe Rogan has no credibility. This is the man accusing Carlos Mencia of stealing material? Notice Joe never accuses Carlos of stealing HIS material. He is just repeating what others have told him.

-Matt
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- Nate, 16 Feb 2007 @ 12:32pm
  
  Re: Joe Rogan is not Credible
  there is a ton of questions and weird things about us landing on the moon. there's a lot of people that doubt the moon landing, and as soon as you go through the dozens of questions, it is pretty bizarre.
  
  for example, does anyone else think its odd that we had such great technology to land on the moon repeatedly 30 years ago, but these days, we have multiple shuttles explode just going into and out of the atmosphere. in fact, there were tons of mishaps leading to rockets exploding just before the first apollo mission, but miraculously, none of these types of things actually happened when the official apollo missions started.
  
  NASA still has trouble converting English and metric units (Mars Climate Orbiter). And we got humans successfully back and forth from the moon 30 years ago, over and over.
  
  I'm on the fence. But there is a ton of doubt here.
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  - Using his satallite to pound laundry against a roc, 16 Feb 2007 @ 5:14pm
    
    Re: Re: Joe Rogan is not Credible
    Wow, I do know how to debate a point. However, in this case I think it much more satisfying to debase the opponent.
    
    You, sir, are truly a morron. I guess it would take one of those mythical ICBM's to land on your fence sitting ass to get you to concider that we might just have the capability to pull the moon landing off. Or maybe on a clear night, you might want to look up and wonder why you see a "shooting star" pass overhead left to right in the same place with exactly the same interval between sightings.
    
    Just because you are too stupid to wrap your head around something doesn't mean it didn't happen or is not possible. It probably means that you should keep your night job as a shelving "facer" at Wal Mart.
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- doesn'tmatter, 16 Feb 2007 @ 1:49pm
  
  Re: Joe Rogan is not Credible
  umm, he shows 5 clips of proof that carlos steals material. even a clip of carlos himself saying: "dont you know how hard it is to come up with material"..
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- Anonymous Coward, 16 Feb 2007 @ 3:20pm
  
  Re: Joe Rogan is not Credible
  Wow, apparently you have jumped into a conversation and clearly announced you ignorance. If you actually looked inot this for more than a few seconds, you would see that Joe did accuse him of stealing his material and that the agent that they used to share told Carlos/Ned that he should stop. I guess you couldn't be bothered to check out all of the information, though.
  As far as the moon landing, Joe is wrong. Unfortunately he is right about Carlos/Ned.
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- Shawn, 16 Feb 2007 @ 4:19pm
  
  Re: Joe Rogan is not Credible
  I don't see how you can possibly say that, given the evidence.
  
  it's not like this is based on speculation, he's presented a pretty convincing case.
  
  Also, you should really look at how he is going about the accusations. He not only uses his own experience with Mencia, but also brings in the testimony of other comedians like George Lopez who really had nothing to do with Rogan.
  
  Rogan is speaking out for comics because he feels strongly about it. He is risking everything others don't want to risk, because he financially can. Also, he is risking simpletons accusing him of being a complainer, or acting as if stealing a joke is no big deal.
  
  How would you like it if something you worked hard on was just taken from you and performed right in front of you?
  
  Also, about the moon, that's a whole different story. His stance on any conspiracy theory about a government cover up has nothing to do with his knowledge of comedy or his mission. He's a comic, no one is saying he's a rocket scientist.
  
  Lastly, Mencia brought this on himself. If you were taking liberties with others material, wouldn't you try to lay low about it? Especially if there was such damning evidence? He responded to a simple comment by Rogan a year and a half ago. "the force is weak with that one" is all Joe even said. Mencia fired back on a radio show with a bunch of flat out BS, and Rogan ripped him a new one for it. Mencia only exists because the majority of the population are easily-pleased, tasteless drones. The ones who say stealing jokes are no big deal. The ones who see no drop-off from the Chapelle show to the Mind of Mencia or Blue Collar TV.
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- Shawn, 16 Feb 2007 @ 4:19pm
  
  Re: Joe Rogan is not Credible
  I don't see how you can possibly say that, given the evidence.
  
  it's not like this is based on speculation, he's presented a pretty convincing case.
  
  Also, you should really look at how he is going about the accusations. He not only uses his own experience with Mencia, but also brings in the testimony of other comedians like George Lopez who really had nothing to do with Rogan.
  
  Rogan is speaking out for comics because he feels strongly about it. He is risking everything others don't want to risk, because he financially can. Also, he is risking simpletons accusing him of being a complainer, or acting as if stealing a joke is no big deal.
  
  How would you like it if something you worked hard on was just taken from you and performed right in front of you?
  
  Also, about the moon, that's a whole different story. His stance on any conspiracy theory about a government cover up has nothing to do with his knowledge of comedy or his mission. He's a comic, no one is saying he's a rocket scientist.
  
  Lastly, Mencia brought this on himself. If you were taking liberties with others material, wouldn't you try to lay low about it? Especially if there was such damning evidence? He responded to a simple comment by Rogan a year and a half ago. "the force is weak with that one" is all Joe even said. Mencia fired back on a radio show with a bunch of flat out BS, and Rogan ripped him a new one for it. Mencia only exists because the majority of the population are easily-pleased, tasteless drones. The ones who say stealing jokes are no big deal. The ones who see no drop-off from the Chapelle show to the Mind of Mencia or Blue Collar TV.
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- jay, 16 Feb 2007 @ 6:57pm
  
  Matt on Feb 16th, 2007 is not Credible
  We should rename you Matt from FOX news for presenting such a biased view of that Penn show. I listened to the entire thing and Joe from the very beginning stated that the circumstances are simply strange (which they are) and that he knows it sounds crazy to suggest that we MAY not have landed on the moon. Then he simply asks Phil Pliat some very serious and intelligent questions about the Apollo missions from a curious perspective and accepts Phil's scientific responses. Unlike you, it shows that Joe craves knowledge and learning and questions our circumstances in this Universe. After the past 2 days, I now have tons of respect for Joe Rogan. Mencia/Ned on the other hand, is simply a rat or a roach on this planet in need of extermination.
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- BLACKINFIDEL, 16 Feb 2007 @ 11:07pm
  
  Re: Joe Rogan is not Credible
  I don't see how the two statements you just made have anything to do with one another. So if Rogan doesn't believe that there was a moon landing, then he is unable to comprehend if someone is stealing a joke. Non-Sequitor maybe?
  
  Rogan provides video evidence for his claims as well as video admissions by other comics that Mencia steals jokes. Facts are all that is needed to prove his position, and he provides enough to be convincing.
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- Anonymous Coward, 17 Feb 2007 @ 6:21am
  
  Re: Joe Rogan is not Credible
  Moon aside, Carlos steals. That is a fact.
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- Anonymous Coward, 10 Mar 2007 @ 7:59am
  
  Re: Joe Rogan is not Credible
  you might want to look into the moon landings. If you look at the evidence it's a good chance that we have not been to the moon.
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- Anonymous Coward, 22 Mar 2007 @ 1:57am
  
  Re: Joe Rogan is not Credible
  that is SO stupid
  
  Just because he holds an opinion on something else that makes his opinion on this flawed? And you are claiming he is wrong when you yourself can't proove him wrong. You complete boon.
  
  And he never accuses of stealing HIS jokes because ned never stole from joe. What do you mean he's only repeating what other's told him? He watches comedians all the time - how do you think he picks up on these things?
  
  Joe is truly rallying for an excellent cause. Don't believe this bullshit about "all comics steal in one way or another" because, naturally, it's bullshit. Comics are certainly influenced by other comics in terms of style, pace, delivery etc.. but NO decent comic will ever take another joke, re-word it, and use it as his own. You give me one examle contradicting this and I will literally eat my hat.
  
  Joe is a comedian, ned is a performer.
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Lewis Salem, 16 Feb 2007 @ 7:01am

More DMCA abuse.
The point is that the DMCA is being used for purposes other than copyright protection. We (the tech industry) predicted this when this pile of dung legislation passed nine years ago.
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Trouble Maker, 16 Feb 2007 @ 7:01am

two cents worth
...so, now it is OK to break the law to enforce the law?

No, wait! Law Enforcement agencies have been doing that since the dawn of time.
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Trouble Maker, 16 Feb 2007 @ 7:09am

another two cents worth
OK, all of you are using words I have used before, stop stealling my words.

Joe...who?

You know if you fill a room with monkeys with typewriters is just a short few days, you will get daytime television...something like that.

There are those that create and those that destroy...
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- Anonymous Coward, 21 Feb 2007 @ 10:48pm
  
  Re: another two cents worth
  Know thats good material !!!!!!!!
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Scott, 16 Feb 2007 @ 7:10am

Joe Rogan's a comedian?
Joe Rogan's a comedian?
Boy, you learn something new every day!
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Overcast, 16 Feb 2007 @ 7:16am

Yeah - sounds like they have a great sense of humor. With any luck, I'll never have to endure their 'comedy'.
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ScytheNoire, 16 Feb 2007 @ 7:22am

Ned went too far this time...
Yet another violation of DMCA law. Hope Joe sues his ass for wrongfully having Joe's copyrighted material removed. Ned is way off base claiming any DMCA law on Joe's material. So now Ned isn't just stealing other people's jokes, but now he's making claims to owning Joe's copyrighted material. That to me sounds like it's punishable by law. Stealing jokes might not be, but claiming ownership of someone else's material is.
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Joe King, 16 Feb 2007 @ 7:23am

There is very little "new" material out there. I listen to the XM comedy channel all the time, and most of the material I hear is just a re-hash of comedy from 30-40 years ago.

Go back and listen to Redd Foxx, Buddy Hackett, Bob Newhart, even George Carlin and Richard Pryor. you'll find the jokes are the same, just more topical information is used
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Gunnar, 16 Feb 2007 @ 8:23am

Joe is a storyteller comedian like Henry Rollins, which is why Carlos wouldn't steal from him, his material simply doesn't translate.

As for the Dane vs Louis CK, the jokes have different punchlines or setups. Dane's car one is a 3 minute bit. CK's kid's name's punchline is a name with no vowels and Cooks is that it's strong, but feminine. CK's itchy ass's punchline is farting to scratch it, and Cook's doesn't really have a punchline, it's just in the way he's telling it.

Using the same topics isn't stealing jokes. CK has a lot of great ideas but I get the feeling he doesn't spend much time re-working jokes; there's a lot more funny there than he'll explore.
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- Anonymous Coward, 16 Feb 2007 @ 8:21pm
  
  Re:
  he didn't say that carlos - ned- stole from him, he said he was stealing from other comedians. maybe you should read before you open your mouth?
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- gunner's an idiot, 16 Feb 2007 @ 9:25pm
  
  Re:
  i bet you are the only person in the world that thinks Ice Ice Baby didn't sample Queen because it added that extra beat. Just because Lame Cook changed the delivery doesn't make it original. too bad Jim Henson isn't here, he can use a MUPPET like you. dumbass....you just got OWNED!!!
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MCeeP, 16 Feb 2007 @ 9:09am

RE: Trouble maker
It's along the lines of stealing someone else's music and performing it as your own.

"Stop stealing my musical notes" sounds pretty freakin' retarded doesn't it. It's the way the joke is constructed and performed, much the same way that you don't steal someone's else's book and claim it as your own, even though you've used all those words before.
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Chris, 16 Feb 2007 @ 9:13am

Radar Mag article on this very topic
Radar magazine (which apparently just went back into production) just did a piece on comics who have reputations for stealing others' jokes. Mencia is mentioned as being one of the most prominent thieves.
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Paul, 16 Feb 2007 @ 9:48am

Jokes
Some people just tell jokes better than others, even if it is the same joke.
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- davpel, 16 Feb 2007 @ 12:38pm
  
  Re: Jokes
  Yes, some people do tell jokes better than others. But Dane Cook isn't one of those people. Louis C.K. is 1000X funnier than Cook on his worst night.
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dave 420, 16 Feb 2007 @ 9:48am

carlos
ok so...Im not allowed to use anymore knock knock jokes? is that what's going on here?
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- Dave, 16 Feb 2007 @ 11:09am
  
  Re: carlos
  ok so...Im not allowed to use anymore knock knock jokes? is that what's going on here?
  
  You're allowed to tell all the knock knock jokes you like--just don't take someone else's knock knock jokebook, stick your name on it as author, and then re-sell it as your own.
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James, 16 Feb 2007 @ 9:59am

Who's stealing who?
Kaufman vs. Lawler much?
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Tony, 16 Feb 2007 @ 10:38am

Mencia's a maggot.
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Jimbo, 16 Feb 2007 @ 10:57am

Dane vs. Louis C.K.
if you listen to the audio in the link that RonM3x1co posted, you would hear the dates that each of their jokes were performed. Louis C.K performed those 3 jokes in the same set on an HBO special in the year 2000 (i think, i'm going from memory) and Dane Crook does the same (or similar) jokes in one set in 2005. i dunno about you, but if i was going to steal a joke or 2 from a guy, i'd at least break them up into different sets. i wouldn't steal 3 jokes from one set and put them in one set. not only is Dane a Crook, but he's an idiot.

and while i think Joe Roegan does come off as a whiny little baby sometimes, i do give him credit for being proactive about stealing jokes. people like carlos menstealia should not be allowed to become as successful as he is.
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Anonymous Coward, 16 Feb 2007 @ 11:41am

Carlos, meet Barbra...
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- Gabriel Tane (profile), 16 Feb 2007 @ 12:04pm
  
  Re:
  "Carlos, meet Barbra..."
  -Anonymous Coward
  
  HEY! I used that joke back at comment #2! STOP STEALING MY MATERIAL!
  
  Where's Joe when you need him?!?
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Dave, 16 Feb 2007 @ 12:11pm

Heh
You guys don't understand the difference between though-provoking, laugh-inducing material people use to make a living and stupid comments. That's funny. Why don't you try out your Barbara material on stage and see how far you get?
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- Gabriel Tane (profile), 16 Feb 2007 @ 12:32pm
  
  Re: Heh
  "You guys don't understand the difference between though-provoking, laugh-inducing material people use to make a living and stupid comments. That's funny. Why don't you try out your Barbara material on stage and see how far you get?"
  -Dave
  
  I'm going to assume that was directed at my last comment. Correct me if I'm wrong...
  
  And you don't understand the difference between sarcastic parody and sincere comments. Seriously... does an online, written joke have to have "j/k" or "lol" or ";)" after it before it's taken with levity?
  
  Besides... if I was serious about "my material" being stolen... it wouldn't matter if you found it funny or not. The law wouldn't make that distinction, since humor is a matter of personal taste.
  
  And the fact that you're attacking me with the "stupid comments" comment means that you have nothing to say about the validity of my comments aside from the fact that you disagree. An Ad Hominem attack demonstrates that you have nothing to add to the conversation.
  
  At least Joe has the debating wherewithal to know to prove or disprove a point, not the person he's arguing against. I may think he's foolish for letting NedCarlos bait him to such a public display of childish fighting, but I respect the fact he didn't turn it into a mud-slinging contest to see who could insult who more.
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  - Dave, 16 Feb 2007 @ 1:16pm
    
    Re: Re: Heh
    I'm going to assume that was directed at my last comment. Correct me if I'm wrong...
    
    You're right--I was directing my comment at you.
    
    Correct me if I'm wrong; but it seemed obvious to me that you were attempting to mock the idea that a comedian's material should not be stolen by another "comedian" by attempting to draw a parallel between your earlier remark and the material which professional comedians work to develop and perform. I fully understood your remark to be an attempt at humor--but it does imply an opinion on the topic. It is this opinion which I took offense to and responded to. I referred to your remark as "stupid" because of the vast differences between comedic material and an insignificant and inane comment on a message board.
    
    The legal argument is not in question, as the object of your remark was not directed at Carlos' request to have Rogan's video removed, but rather at the concept of having material "stolen" and then performed without credit to the original creator. I am making the argument that, in this scenario, Carlos is wrong--not a criminal.
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    - Gabriel Tane (profile), 16 Feb 2007 @ 1:48pm
      
      Re: Re: Re: Heh
      "Correct me if I'm wrong; but it seemed obvious to me that you were attempting to mock the idea that a comedian's material should not be stolen by another "comedian" by attempting to draw a parallel between your earlier remark and the material which professional comedians work to develop and perform."
      -Dave
      
      No, I'm mocking the crying about it in public. Look... I'm not a lawyer, so I'm not going to say whether it's illegal to use someone else's comedic material. All I'm saying is why aren't these comedians taking him to court for copyright infringement? Instead of having little pissing contests during what should have been someone else's show.
      
      "It is this opinion which I took offense to and responded to. I referred to your remark as "stupid" because of the vast differences between comedic material and an insignificant and inane comment on a message board."
      -Dave
      
      I'd like to talk about differences between "professional comedy" and "blog posts"...
      
      1) The medium of delivery... mine is written here, Ned's/Joe's are spoken on stage.
      2) The pay... i obviously don't get paid for mine.
      3) The quality of humor... this is the one that I'm responding to here since its a matter of opinion.
      
      You chose to insult me over the difference in our opinions about what's funny... real mature there. And you choose to use words like "insignificant" and "inane" to describe my ideas... Which is fine when it's expressing your opinion. But you are trying to invalidate my opinion and supplant it with your own. And you're trying to do it by belittling me. Again, not very mature.
      
      As far as the legality of it all... I admit that I misinterpreted your words. I apologize for that.
      
      When you said "you guys don't know the difference between..." I thought you were implying that while the Stolen Jokes of Mencia were worthy of legal action, my joke about the Streisand Effect wasn't. I was wrong in my interpretation of your words, and again, I apologize.
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      - Dave, 16 Feb 2007 @ 1:59pm
        
        Re: Re: Re: Re: Heh
        Gabriel, This article does not explore the idea that Mencia is guilty of a crime. No legal action can occur for plagiarism of non-copyrighted material. What Mencia performs on his show, however, is copyrighted--which is why he's requesting that the video, which features some of his clips, be removed. I had assumed you'd read the article and understood that. I'm sorry if you think I'm immature--but I never claimed to be otherwise. Still, I think that point #2 in your last comment speaks volumes about the differences--and why I responded to your remark in the manner in which I did. If the stealing comedic material becomes an accepted practice, then the artform will die as comedians will no longer be able to make a living by developing original material.
        
        It might help to know that I used to perform amateur comedy--and I had a comic steal material from me. So, I do take the entire thing somewhat personally.
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        Gabriel Tane (profile), 16 Feb 2007 @ 2:19pm
        
        Re: Re: Re: Re: Re: Heh
        "This article does not explore the idea that Mencia is guilty of a crime."
        -Dave
        
        I think I misspoke on that point again... I shouldn't have said "my 'comedy' deserves the same legal protection"... what I meant was that my 'comedy' would deserve the same protection period... legal or otherwise. Sorry about that. It's almost time to go home and my I'm shutting down a bit. I'll try to keep it together a bit more.
        
        But why should #2 of my list speak volumes? Being paid for your comedy is not the cause or result of its humor. If I had some magical mythical joke that made every man woman and child in this world laugh, I could give it away for free and it would still be as funny.
        
        Whether or not I'm a professional comedian has nothing to do with how funny I am.
        
        "If the stealing comedic material becomes an accepted practice, then the artform will die as comedians will no longer be able to make a living by developing original material."
        -dave
        
        Two problems with that statement:
        1) The artform will not die... it will be changed. It will become more of a "who can tell it better". And if its a joke that's made in your style, then other's will know it's stolen if someone else tries to use it.
        
        2) I have heard from more than one comedian that it's not the joke, but how you tell it. Therefore, if you're good, you can have any of your jokes, and tell it better than the punk that stole it, and be a better (and better paid) comic.
        
        "It might help to know that I used to perform amateur comedy--and I had a comic steal material from me. So, I do take the entire thing somewhat personally."
        -dave
        
        Actually, I guessed as much. I understand that it's frustrating and insulting when someone else steals your jokes... hell, I've had friends do that many many times through out my life; little one-liner's and such... But I don't go calling them out in public to have a pissing contest on stage about who did what.
        
        All I'm saying is that instead of taking it so personally that you attack anyone who thinks differently than you, how expressing yourself in a respectful and mature fashion. If you had said much of your latter posts in the beginning, instead of (in so many words) calling me an Idiot, I might have done more to reexamine my stand instead of spending so much time defending my points. You shoot yourself in the foot when you attack people personally.
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        Dave, 16 Feb 2007 @ 3:12pm
        
        Re: Re: Re: Re: Re: Re: Heh
        That's fine, Gabriel--but we still disagree. Merely telling the same jokes repeatedly in different ways would get old rather quickly. Part of how you tell a joke is how you write it and perform it...and, although most people may not be aware of it, most of that is scripted rather than spontaneous. So, when your joke is stolen and your style is copied, what's left? And, even if you can tell a joke better than the person who stole it, it wouldn't make a difference if you were doing your routine on the same night--AFTER that punk went on. You'll end up looking like an asshole. And I'm fairly certain the audience wouldn't appreciate it. I'm not saying that comedians shouldn't be able to cover the same topics as other comedians. That would be ludicrous to suggest. That's not what Carlos does, though--he takes the whole damn thing and then pretends it's his. Even if the less-famous guy he stole it from were to continue doing the joke, people would already be familiar with it--and they'd think the originator was the thief.
        
        With regard to Rogan's response, I can hardly blame him. I can't believe it hadn't happened before--and I feel that comedians have shown an incredible amount of restraint up to this point. Once someone has proven to be an unscrupulous thief, the time for reasoned adult debate has most definitely ended. Carlos knew exactly what he was doing--and he should have known there would be consequences. Good comedians go out of their way to point out what they perceive to be wrong or unjust in the world around them. They will call you out when you're acting like an asshole.
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        jayrock, 15 Mar 2007 @ 11:50am
        
        Re: Re: Re: Re: Re: Re: Heh
        You are a douche!
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        Nate, 16 Feb 2007 @ 7:52pm
        
        Re: Re: Re: Re: Re: Heh
        My two cents on the whole thing is this. It seems that a lot of people don't have a problem with comedians stealing other people's material as long as they got a laugh. The problem with this whole thing is that for a comedian to make a joke and to perfect it takes time. To steal that idea and then use it as your own with no respect or recognition to the person that your STOLE it from is wrong. It's like the writers that plagarize a story. If they get caught they get fired for it. It's illegal. I'm sure most of you went to college and get the lectures on plagarism. I don't understand how many of you don't believe this is similar (just that it's verbal and not written perhaps?).
        
        To all of you that say Joe's a pussy and bitch for putting this on stage. I'm sorry but if this didn't make the Internet via a video I'm pretty sure that Carlos would have been fine and no one would have been much the wiser. Could Joe have just taken what Carlos said and brushed it off? Of course he could but he decided that that night was the night that he would expose Carlos. Funny how Carlos brought on the fight and then got his ass handed to him. So for you people out there that thought Joe should have not done this or made a video then I say screw you. Why you may ask? Well because we would never have seen Carlos for what he really is and this whole blog would be irrelevant or none existant.
        
        Lastly. For the people saying why don't they (the comedians) go to court for copyright infringement and what not. Well I'm pretty sure that since Carlos is a big star and most of the other people are small potatoes that Carlos could throw money at the problem until it went away. Just because this would be the respected form that anyone should take when they are being cheated out of their livelihood, it is not always practical. Read Joe's blog and see that a lot of the comedians felt intimidated and what not and went to great lengths to know when Carlos was in the club. This shows me that they were afraid to confront him and thus needed Joe to stand up for them.
        
        In closing, I think that if you can't comprehend or understand my PoV than you should seriously look into getting your head examined. Who knows, one may find it severely lodged up your butt.
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random, 16 Feb 2007 @ 12:25pm

He probably doesn't have a claim to it, YouTube basically allows anyone to send a letter without much evidence and take down a video (there were a couple of stories on digg showing that some videos not even remotely related to viacom were taken down when they sent their takedown requests)
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Art H, 16 Feb 2007 @ 12:52pm

"Mencia is paid to perform original material. The comedy clubs should sue him for breach of contract."

WTF?! Since when? IANAComedian, but I thought these guys got paid to to make people laugh. Originality is highly regarded but not necessary to be a succesful comedian.

And if these jokes are so good that people are stealing them, why aren't the "owners" of these jokes making scads of cash with them? If any of you have actually told a joke and had people laugh, you know that a great joke sucks unless you can tell it right.

I don't particularly like either Mencia or Dane Cook but if I were smart enough I would have done the same thing and I'd be rolling in chicks and dough.
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Steve, 16 Feb 2007 @ 12:57pm

Carlos Clip
The DMCA comes in when Joe Rogan used a clip from Mind of Mencia to prove that Carlos stole the "Who's going to build the USA-Mexico wall" That snippet from Mind of Mencia is copyrighted material and I don't rememeber any acknowledge in the credits.

I'm not arguing who/what/where/when. Just pointing of what is copyrighted.
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Steve, 16 Feb 2007 @ 12:58pm

Mencia Sucks Balls
Its funny how people are saying Joe is 'unprofessional'. being a comedian is not a profession...its a career you idiot, joe has every right to call him on his stealing of material.
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- Gabriel Tane (profile), 16 Feb 2007 @ 1:09pm
  
  Re: Mencia Sucks Balls
  "being a comedian is not a profession...its a career you idiot"
  -steve
  
  pro�fes�sion (phonetic spelling did not translate) n.
  1. a. An occupation or career: "One of the highest compliments a child can pay a parent is to choose his or her profession"(Joan Nathan).
  b. An occupation, such as law, medicine, or engineering, that requires considerable training and specialized study.
  c. The body of qualified persons in an occupation or field: members of the teaching profession.
  (http://www.answers.com/profession&r=67)
  
  Next?
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Art H, 16 Feb 2007 @ 12:58pm

All of you that say this guy sucks or that guy can't tell jokes are missing the point. Some people laugh at their performances. Who gives a rat's ass what your taste in comedy is? It adds nothing to the conversation.

Props to Rogan for trying to maintain the integrity of the artform, but the guy IS a little wacky.
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4u21der, 16 Feb 2007 @ 1:01pm

Hahaha
Joe, should have just strangled him, like George Lopez did...

Or better yet, UFC 70

Rogan vs Mencia!
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Anonymous Coward, 16 Feb 2007 @ 1:14pm

not all comedians write their own jokes
Do you think Jay Leno and David Letterman write their own jokes every day? no, they have writers on staff. pretty much every talkshow that has some "standup" portion also has writers on staff. Sure these guys did standup in the past, and wrote their own jokes, but they don't now. Conan O'brien was also a writer for SNL before he had his own show, but that doesn't mean he writes everything now.

Of course, even if written by others, it's typically original material. If Ned was a writer for another comedy show, he would have been fired for plagiarism. But Carlos (ned's stage name) is a performer- he should hire more/better writers. Then he should stick to his TV show, and not do standup.

Comedy Central is desperate for programming anyway.... that's why 75% of their daily material is a rerun. Come back Dave Chappelle! we miss you.
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- the devil, 23 Mar 2007 @ 9:41am
  
  Re: not all comedians write their own jokes
  Leno, Letterman, and O'Brien do have writers who create their jokes for them...but those writers are compensated for their work.
  
  Is Mencia sending Cosby or Kinison a cheque for using their material? I don't think so.
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Plaztik, 16 Feb 2007 @ 1:18pm

none
Carlos Mencia, or Ned, is a joke. I've always hated him and now I have a reason.

LONG LIVE CHAPPELLE!!!
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Jake Mee Offf, 16 Feb 2007 @ 1:20pm

Carlos VS Rogan
You are all a bunch of blog junkie bitches! Find something constructive to do with your time instead of flaming each other. NOBODY CARES that much about any of you!

LOSERS!!
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- Dave, 16 Feb 2007 @ 1:30pm
  
  Re: Carlos VS Rogan
  You are all a bunch of blog junkie bitches! Find something constructive to do with your time instead of flaming each other. NOBODY CARES that much about any of you! LOSERS!!
  
  In response to your comment, I would like to make the suggestion that you fuck your mother.
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- JakeTard, 16 Feb 2007 @ 1:34pm
  
  Re: Carlos VS Rogan
  "You are all a bunch of blog junkie bitches!"
  
  Nice to meet you, welcome to the group.... fellow poster!
  
  "Find something to do with your time instead of flaming each other."
  
  A flame complaining about the flames......neat.
  
  "NOBODY CARES that much about any of you!"
  
  Clearly, you don't. And thank you for taking the time to post!
  
  "LOSERS!!"
  
  Note the double exclamation marks. This denotes INTERNET YELLING.
  
  He's a one special folks, drink him in 'cause the awesome can't last forever.
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jbelkin, 16 Feb 2007 @ 2:34pm

Joe Rogan's website
You did read Joe's blog that his agency told him to apologize or they would drop him - he laughed ...

http://www.joerogan.net/main.php?archives=1&article=53981
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weefs, 16 Feb 2007 @ 2:37pm

eh
dumb mexican.
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Dark Sevier, 16 Feb 2007 @ 2:40pm

Ned
Open Letter to Comedy Central-

The internets strike again, and another vortex opened between the black hole of the Comedy Store and the groundswell of humanity that is absorbing the mainstream out of existance.

Ha ha.

The underground of the comedy world has found a way for us to hear them, and I plead Comedy Central to listen to them.

Lets support the comics that don't steal other peoples material. Let's support some original artists in their non-pepsi shilling quirkyness.

Support the Jesters and send the clowns packing. They have had the center ring long enough.

The artistry of the Daily Show and the Colbert Report is excellent, and I laud Comedy Central for nurturing those babies.

But I feel that those shows are just the beginning of a renaisance in Humor in this country. We need something more than just amusing. We need to be slaping our knees and wrenching our guts laighing at ourselves, as a country, as a life form. Easy to make jokes at other peoples expense. More heroic to be able to laugh at ourselves

Down with the Malevolent Clowns!
Up with the Benevolent Jester!

Laughter is the best medicine and we need heavy doses right now.

Help us Doctor.

Thanks

Dark Sevier
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- argumentative clown, 16 Feb 2007 @ 2:46pm
  
  Re: Ned
  I'm argumentative, not malevolent. I argue to help, not harm.
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  - Dark Sevier, 16 Feb 2007 @ 2:54pm
    
    Re: Re: Ned
    Um...
    
    Ok.
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Johnny1111, 16 Feb 2007 @ 5:02pm

Ummm..Fair use and crap??
Sorry for asking, but isn't the joke like the oldest form of Open Source out there? Don't you hear a joke, tweek it, and retell it just for the joy of humor? Anyone ever heard the joke 'The Aristocrats?' Isn't the comedian/performer getting paid for the performance, rather than the joke itself? If not, then how come some people can tell a joke and it bombs, but another person can make people howl at the same joke? I would rather hear a good performer tell the joke rather than the bone head who thought of the premise tell it, if the bone head has no delivery.

Joe--congrats on being an idiot. A loud idiot. You may be right--the original joke premise might have been your idea. But I disagree with you--you do not own the joke. It belongs to us--the people who laugh, no matter who is telling it. All I can say is I hope that you are pleased with the number of fans you won by arguing with Carlos.

Carlos--fess up. Give credit where credit is due--say thanks publicly and don't look like an ass by lying. No one likes a liar. They rank about the same as a loud idiot. You've got success--next time Joe feels the need to get loud, just walk away. Have some class.

By the way, people, can we please stop this idea of jokes belonging to the people who thought up the punch line? Before you know it, the RIAA, MPAA and Microsoft will be slapping DRM hardware on comedian's mouths and the people who will loose will be us.
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- Dave, 16 Feb 2007 @ 5:27pm
  
  Re: Ummm..Fair use and crap??
  I'm with you, Johnny--but there's never been a need to worry about copy protection for comedic material. The reason there's never been a need is because comedians have usually had the good taste not to perform other people's material. The joke in The Aristocrats is different because nobody knows who wrote it and the point of that joke is a comedic exercise. Comics don't usually tell it on stage and, if they do, it's okay because the consensus among comedians is that it's okay. Comedians have never needed any more than respect for each other in the past. That's why jerks like Mencia should be confronted.
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Kyle J, 16 Feb 2007 @ 7:59pm

They're both pretty lame
I gotta admit, when the popped in a battle on thumbwarz, I gave them both thumbs down
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SATAN, 16 Feb 2007 @ 10:31pm

Carlos sux
He suxed before, now he really sux
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- thetroy, 2 May 2007 @ 9:32pm
  
  Re: Carlos sux
  carlos doesnt suck. u might think he suks but u r just jealous that u didnt have the balls to say what he is saying now. how r those jokes plagarized? all kind of comedians probably use them , but faggot ass rogan decided he didnt like menica and accused him of stealing jokes so fuk u guys
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ChrisO, 17 Feb 2007 @ 10:06am

Clearly a lot of non-comics here
Only a non-comic would even entertain the notion that it's OK to use another comic's joke without permission, whether you acknowledge the original writer or not. A comedian's material is all he has. When someone else appropriates your joke, they've taken away a significant element of how you earn your living. And when Carlos Mencia steals your joke and performs it on his show, your joke becomes his joke because of the number of people that see it. Do you realize how infurirating it is to tell your original joke in a club and have someone accuse you of stealign it from Mencia, just because theysaw it on his show first? A lot of comedians have had to drop good jokes from their act because a bigger name comedian stole them.

The reason no one goes to court over this is because it's very difficult to prove, since jokes are usually altered slightly depending on the comedian. Which is why comics have developed their own self policing mechanism. Comedians recognize that there is a parallel thought element, and that two comics can come up with the same idea, particularly if it's about a current event. But a comic telling a new joke will often drop it when informed that another comic has been performing essentially the same joke, or at least discuss it with the other comic.

As for the Gabriel Tane's suggestion that Rogan should "put out media" on it, he's been beating the drum about joke thieves for a long time, and Mencia has been accused of being a thief in many forums. Had you ever heard about it before now? I'm surprised that someone on this board wouldn't recognize putting a clip on the Internet as "putting out media."
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Ben Around, 17 Feb 2007 @ 8:50pm

Just adding...
As a veteran Boston comic and knowing most of the parties involved, I'd like to add a little bit of background. Joe Rogan did ok in Boston when he started. But this kid reeked of pure, raw talent. He goes to NY and boom!!! It happens. Joe is a great guy, an excellent comic and hails from the city of great comics as well as thief comics. Louis CK was headlining in Boston when Dane Cook was in a hack improv troup, "Al & The Monkees" . Mysteriously Dane leaves the Monkees and he's suddenly closing rooms. I'm talking in months, not years. And since the head of all hacks Dick Doherty owned and promoted Dane, we all knew the truth then, he's a thief. The first comic Cook so obviously robbed was Al Ducharme. Great guy, good comic from RI. If you could ever see Dane's dinosaur bit after seeing Al Ducharmes bit you'd shit. And trust me, Al was doing that bit when Dane was in pre-school. Denis Leary robbed a comic named Barry Crimmins long before he robbed Bill Hicks. And as much as I'd take a bullet for Rogan as a friend, he can't stop at Mencia. He needs to take down his own teamates, Leary and Cook. That my friends will take balls that I'm not sure even he has. As far as the Leno references about using other's material, their writers are hired and that's publicly known. But to lift a bit from another comic is just plain wrong. Hell, George Harrison lost millions getting sued for "My Sweet Lord" And if you can sue a Beatle, why not a low life joke thief? Rambling now.....
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cal5000, 18 Feb 2007 @ 7:47pm

MORE PROOF MENCIA IS A LIAR AND A THIEF
http://digg.com/offbeat_news/Carlos_Mencia_banned_from_the_Mikey_Radio_Show_Caught_using_a_stolen_bi t
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Darryl Rhoades, 23 Feb 2007 @ 9:58am

self incrimination
This is pretty priceless but not unlike the way our judicial system is set up. It's the criminal justice system equivolence of "lawyering up". Carlos is using every tool he can to protect himself from his image being compromised while at the same time being an example of why those tools are available. Doesn't matter how you slice it, the man is continuing to do more to hurt his credibility than a thousand Joe Rogans.
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cant read a thread, 24 Feb 2007 @ 7:34pm

i think we know it wasn't carlo's show by the million of people that didnt read the whole thread.
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mike hernandez, 27 Feb 2007 @ 1:21pm

joe blowagain
joe rogan i mean joe blowagain needs to mind his own.cant stand to see a mexican make he must be from the anti-mlk or mlgay.carlos mencia is the shit.so step down all you biotches so he can hit
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Afi K. James, 27 Feb 2007 @ 9:05pm

I Could care less about either mencia aka mensteala nor the has-been rogan Both of them are two sides of the same coin.
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Lee Munoz, 28 Feb 2007 @ 6:52pm

Carlos Mencia is Latino
I'm curious to find out how much of the negativity towards Carlos Mencia are from actual Mexicans. So far, all I heard or read is from Anglos who don't know their geography. How can you idiots say he is not Hispanic, especially Joe Rogan? Honduras is part of Latin America, idiots. Hispanic encorporates any person of Latin origin (Honduras). What a moron (Joe Rogan). This comes from a man who is trying to disprove scientifical evidence that man did not land on the moon. Don't poll white america. Ask Mexicans please. The media does not reflect the Mexican population. Joe Rogan is going to Anglo America. I would like him to go to East Los Angeles and act like that. George Lopez is mainstream and he is capitalizing on his ethnicity, too. He more than anyone should not bring his people down. Since half of his material is about stopping Mexicans from being jealous and keeping each other down. Its interesting he is doing the same. George Lopez needs to remember Anglo America will turn on him too.
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- Anon4You, 6 Apr 2007 @ 2:01pm
  
  Re: Carlos Mencia is Latino
  How the hell do you know what race/nationality the ppl here responding are? LOL youre an idiot. "oh these ppl disagree with me they must be (insert race here)"
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  - Lee Munoz, 29 May 2007 @ 9:35pm
    
    Re: Re: Carlos Mencia is Latino
    I dont know what race/nationality the people are on this forum. However, the people I have seen respond are not Mexican. All I meant was poll Mexicans on this issue, moron. I shouldn't have to spell every thing out to you. You don't see Joe Rogan going to predominantly Latino neighborhoods to cry and that's what I want him to do. In case you haven't noticed race is an issue whether you accepted or not, idiot. I don't like it but that's the way it is. Did you know that over more than 60 percent polled who are Anglo believe Barry Bonds used steroids? Less than 15 percent who are African American believe he didn't use steroids. Minorities are just standing up for minorities, idiot.
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blah, 28 Feb 2007 @ 11:39pm

Gabrielle Tane,

Would you please just STFU with your frumpy style? You are about as interesting as a rainy day.
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iloveurine, 21 Mar 2007 @ 4:57am

According to Rene Descartes, one cannot conceive anything so strange and so implausible that it has not already been said by one philosopher or another... That's coming from a philosopher and philosophers have far more time and effort put into their work than comedians do.
Jokes are just recycled. The difference is the delivery by a comedian. Someone could come up with the same idea you came up with. Remember Leibniz and Newton? They came up with infinitesimal calculus at the same time. Physicist Alan Lightman has to abandon one of his research conclusions when two Japanese scientists came up with the same solution as his.
It's impossible to "steal jokes". Brilliant minds can reach the same conclusions, how much more common minds exposed to common information?
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John Smith, 21 Mar 2007 @ 9:35pm

To SUm Everything up
1.Carlos interupted the comic that was going after Joe, Carlos basically ruined it for everybody who paid money to hear some jokes

2.Carlos Mencia does steal the topic of other people's jokes. It doesn't matter if he changed something or not, he has no right to do that. Joe had all the clips and evidence

3.It is very likely that Dane Cook (as Jimbo in #28 said) got those jokes (or the idea of the jokes) from that other guy with the last name starting with a C

4. Dave Chapelle= Kick Ass (but i forget the spelling of his name)

5. Joe Rogan= Loud "Comic" with balls of courage

6. Carlos Mencia = German? (What?!)

7. Moon Landing highly doubtful, but might as well believe in it.

8. Guy who called everyone a loser = probably ended up in this forum the same way most people did (curiosity)...
Curious Jackass

9. Jokes can be copyrighted now. Once again Chapele kicks ass, and Nederlander/Menstelia is ass (oh and jokes are hard to write, I tried and I sucked)
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- John Smith, 21 Mar 2007 @ 9:38pm
  
  Re: To SUm Everything up
  oh, ps, Bobby Lee is funny, I used to be a Mencia fan, but after knowing he stole Lee's jokes... I just lost it
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Logan, 20 Apr 2007 @ 3:52pm

Carols is a bitch
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ryan bodden, 7 Nov 2008 @ 7:57pm

mencia
Joe Rogan is a jealous tv host and needs to stop sucking carlos mencia's balls.That is why you are "fear factors bitch" and not a comedian. Only real people make it as comedians bitch.By the way Joe, your just like your mother, wa...wa...wa...wa...you selfish bastard. Grow up and challenge people with jokes.. don't cry because they are better than you,and you can't take the heat.By the way, I am an upcoming comedian, and I hope to god I run in to you on stage so I can send you on your way with a diaper and a wet wipe!!Your a d.d.d!!! Hahahahahaha!!!
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mienpanoche, 19 Feb 2009 @ 3:56am

Fuck that puto
The reason we don't have to many Chicano comedians is that when ever we come up some fucken hater wants to keeps us down. In this case it a fucken Jew and he pissed that his fucken show suck. Go eat a camels dick joe rogin.
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Mike, 1 Jul 2009 @ 4:40pm

Get a life
WHo gives a RATS ASS. People payed for a good laugh and they got it. Show everyone your copy rights to those jokes.
From this day make sure everyone has the same copy rights to all jokes. Then see if they all run out of jokes for the stage.
Get a life please.
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Mike, 1 Jul 2009 @ 4:41pm

Get a life
Who gives a RATS ASS. People paid for a good laugh and they got it. Show everyone your copy rights to those jokes.
From this day on make sure everyone has the same copy rights to all jokes. Then see if they all run out of jokes for the stage.
Get a life please.
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