Techdirt Sued For $10 Million In A Frivolous Lawsuit For Posting An Earlier Frivolous Lawsuit

from the surprisingly,-defendants-not-accused-of-racism-by-acknowledged-racist dept

Mon, Jul 14th 2014 10:59am — Tim Cushing

Publisher's note from Mike Masnick: As you can see in the story below, we were sued. While we get an average of about one legal threat per month (though, always in bunches, rather than evenly spread out), until this case, we'd never actually been sued (we were once named in another filing, but it was procedurally rejected by the court, and when the plaintiff refiled later, he left us out). On advice of our lawyer, we had been waiting to see if Kenneth Eng actually bothered to have the filing served on us, as is required to move forward with the lawsuit. For rather obvious reasons, as you can see below, we had little fear that this lawsuit would last very long, but a failure to serve us would have been even more fatal to the case. Thankfully, it appears that Judge Vitaliano didn't even think it was worth waiting to hear from us to dismiss the lawsuit with prejudice. No matter how confident you are in prevailing in a lawsuit, getting sued is still both a waste of resources and a massive distraction. Thus, we're quite pleased with Judge Vitaliano's handling of the case in this manner.

Roughly a month ago, I wrote about Kenneth Eng's doomed copyright lawsuit against author L'Poni Baldwin for allegedly stealing his techno-dragon ideas. As was pointed out by the judge in the lawsuit's dismissal, copyright doesn't apply to ideas -- only to the expression of ideas. And Eng's ideas (and expression thereof) weren't sufficiently distinctive from a host of other technology-meets-mythology creations. The judge did, however, allow Eng to re-file his complaint, both to refine his copyright claims and to actually make some sort of actionable claim.

Eng did amend his complaint. Here's the entirety of that amendment, in all of its ignorant, racist glory.

Furthermore, Baldwin copies from Japanese anime. This is copyright infringement that proves that coons cannot come up with their own ideas. In addition, she mentions that the dragons in her story came from Pre-Cambrian Earth. I also had a similar history in my story, in which dragons evolved from the dinosaurs.

Eng is a self-described racist and "Asian supremacist." In his mind, this is the smoking gun his copyright lawsuit was missing. It wasn't enough that his previous complaint basically stated that the "copying" of his ideas was racially-motivated because L'Poni Baldwin is "black," at least according to Eng's "research."

Cue dismissal with prejudice and further instructions that Eng will not be allowed to appeal this decision in forma pauperis.

That was only part of Eng's many legal filings during a very busy month. Here's another, filed June 19th:

I. Plaintiff Kenneth Eng resides at 4266 Saull Street, Flushing, NY 11355

Defendant Tim Cushing resides at Floor64, Inc., 370 Convention Way, Redwood City, CA 94063
Defendant TechDirt resides at Floor64, Inc., 370 Convention Way, Redwood City, CA 94063

II. The jurisdiction of the Court is invoked pursuant to 28 U.S. Code 4101.

III.
Journalist Tim Cushing published my address and other personal information on two websites (at least). Please see the following:

[links to documents uploaded to Document Cloud]

He did this for the purpose of harassing me and writing this slanderous article:

https://www.techdirt.com/blog/?tag=kenneth+eng

Cushing and his publisher TechDirt have been reported to the police*. I have contacted "documentcloud.org", and they told me that they would not remove the material; that it was the journalist's responsibility.

IV. I am seeking $10,000,000 in damages from Tim Cushing.

[*Eng actually emailed Techdirt to inform us that he had "called the police" on me. If he did in fact do this, presumably the NYPD told him that Redwood City, CA is a bit out of its jurisdiction. {Not to mention the fact that I don't actually "reside" at TD HQ.}]

Beyond the fact that Eng fails to state a claim, there's the underlying wrongness of his entire premise: that the contents of public records aren't actually public and that people can be sued for making public documents public.

Within a few days of this filing, Eng sued PACERMonitor, a site that (duh) monitors PACER for new filings. Once again, Eng asserts his mistaken belief that information contained in public records can't be published.

Defendants PacerMonitor.com, which is owned by Joe Rosen of Harros LLC has unlawfully published my address on their website:

https://www.pacermonitor.com/public/case/3746119/Eng_v_Captain_Blue_Hen_Comics

The above link has my address under the tab labeled "Parties."

I wrote them two emails instructing them to remove this information. They did not comply. Ergo, I am filing this lawsuit.

I am seeking $10,000,000 in damages from all parties named above.

While these lawsuits alleging the civil violation of "publishing public records" sat awaiting a judge's review, Eng sent letters to the courts (Eastern and Southern Districts of New York) he was filling with frivolous filings the following letter asking for the redaction of his personal information. Here's the one that was filed on the Techdirt docket:

Vitaliano/Bloom:

I would like to redact my address from all of my lawsuits. Someone has posted my address on the internet after having acquired a copy of a few of my lawsuits. I was instructed to list the case numbers of the lawsuits in question, but upon attempting, i realized that I do not have the numbers to certain cases I recently filed.

This means that I would also like to redact my address from lawsuits I filed in the past that have been sealed/closed. I would also like to redact my address on this letter.

Well, Mr. Eng, there are things you'd "like" and things that are actually permitted. Please see the following screenshot for further clarification:

The court isn't going to redact information unless you can give them a legitimate reason to do so. See also: the following lawsuit filed by Kenneth Eng against "Officer X." [Complaint states the "X" is not a stand-in, but actually the officer's given name. It is also filled with derogatory terms for African-Americans.]

It didn't take long for Eng's lawsuit against Techdirt to get thrown out. In a short but pointed decision, Judge Vitaliano of NY's Eastern District Court tossed Eng's suit against Techdirt, along with his complaint against PACERMonitor… with prejudice.

Eng's solitary gripe in these cases is that defendants have publicly reproduced copies of some of the many frivolous civil action complaints filed by him in recent months. These complaints and accompanying cover sheets are, of course, official court documents, and matters of public record. As is expected in a court filing, Eng's address -- as well as the mailing addresses of those he has attempted to sue -- appears on the face of these court documents. That defendants have distributed copies of these documents in the media is a practice that is by no means unusual or a violation of Eng's right to privacy. Put simply, he has no privacy interest in such publicly-accessible records.

So, who's really hurting Eng here? Vitaliano states it plainly: Eng is the biggest threat to his own privacy.

In short, it was not defendants that thrust Eng's home address into the public record: it was Eng, himself, and he has done so repeatedly.

If you don't want your name, address and phone number in public records, stop filing frivolous lawsuits. Public records are public. By filing a lawsuit in a federal court, you create a nationally-accessible document that will contain both the information of the plaintiff as well as the information of the defendant(s). Both are exposed by this action, but Eng somehow feels only his should be redacted.

Defendants, by merely reproducing Eng's court filings and reporting on his legal antics, have committed no impropriety, and plaintiff can state no claim against them on those grounds.

Vitaliano is obviously tiring of Eng's numerous in forma pauperis filings, most of which state no claim and load up on racist language.

For the foregoing reasons, Eng has failed to state claims upon which relief may be granted, and his factual allegations make clear that, even if amended, his pleadings could not possibly state any valid cause of action. Pursuant to 28 U.S.C. § 1915(e)(2)(B), therefore, Eng's complaints are dismissed in their entirety with prejudice.

The judge also warns that Eng's days as a free-riding serial litigant are coming to an end.

Eng has, the Court's records reflect, filed a spate of these meaningless lawsuits in recent weeks. In light of his ongoing practice of filing lawsuits of this frivolous nature, the Court again reiterates its warning that, should he continue to file such lawsuits, he will face a filing injunction and/or monetary sanctions, upon notice and opportunity to be heard.

Eng's remaining open lawsuits are being closed down rapidly. Three recent copyright infringement suits were simultaneously dismissed for the usual reasons: inability to state a claim and the attempt to claim ownership of ideas.

Eng, however, appears to be determined to abuse the in forma pauperis rules until slapped with sanctions or asked to cough up a filing fee. He's also been busy filing lawsuits in the Southern District court, perhaps to avoid running into Vitaliano again. His most recent infringement filing in that court targets an internet meme:

There is a website called "The Philosoraptor" http://www.philosoraptor.com that infringes upon one of my characters, Philosoraptor. My character appeared in my book The 0th Dimension, written in 2003 and published in 2007 by FurNation, and published again by Double Dragon Publishing in 2012. Both characters, mine and the adversary's, are anthropomorphic raptors.

I am unable to ascertain any personal information about who created the website in question. There appears to be a copyright notice dated year 2000; but I cannot verify the validity of this.

I am seeking $200,000 in damages from the creator of the Philosoraptor website.

"Adversary."

Well, then.

I'm not sure how many dismissals it will take before Eng realizes that public records are public records, and generic ideas/expressions aren't protectable under copyright law. My guess is it won't be the dismissals that stop him but the courts' decision to start charging him filing fees. Notably, no case dismissed has ever been appealed because each dismissal comes with the same warning attached: you're paying for the next round.

[More documents from Kenneth Eng's lawsuits can be found here, including a lawsuit against the college he used to attend, which sheds some light on his general attitude towards anyone who isn't Kenneth Eng.]

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Filed Under: eric vitaliano, frivolous lawsuit, kenneth eng, public records, tim cushing
Companies: floor64, pacermonitor, techdirt

58 Comments

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Ninja (profile), 14 Jul 2014 @ 10:49am

I await a lawsuit filled against his image in the mirror because it was improperly acquired.

Although it's a pity. This comedy will be short lived. He should learn with Carreon/Prenda to be a bit more subtle and get slapped later for the best comedic climax.
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Anonymous Coward, 14 Jul 2014 @ 11:08am

$10,000,000 says he sues you for defamation for this article.
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Anonymous Coward, 14 Jul 2014 @ 11:12am

It's been awhile since I last saw the Philosoraptor meme.
I bet I'll be seeing more soon.
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ChurchHatesTucker (profile), 14 Jul 2014 @ 11:16am

Re:
http://i.imgur.com/8uYrybC.jpg
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Padpaw (profile), 14 Jul 2014 @ 11:20am

Sounds like a sociopath. Wonder if he tortured animals for fun when he was a child.
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SolkeshNaranek (profile), 14 Jul 2014 @ 11:22am

{Not to mention the fact that I don't actually "reside" at TD HQ.}

I had visions of TD writers being chained by the ankle to tiny desks in a dimly lit basement while furiously pounding away on antiquated typewriters and being fed a diet of warm flat beer and cold stale pizza.

(sigh)
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tomczerniawski, 14 Jul 2014 @ 11:25am

Huh...
I didn't know there was such a thing as an "asian supremacist." But, at least it confirms that regardless which race they belong to, supremacists are universally assholes.
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That Anonymous Coward (profile), 14 Jul 2014 @ 11:25am

The stupid it burns!!!
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Nerdz Inc., 14 Jul 2014 @ 11:26am

I think the root problem is that certain individuals think blogs like this have a greater audience and influence than they actually do, and so they attempt to nip this influence "in the bud" legally. Of course, in reality, it's just a tiny sub-set of nerds, out of hundreds of millions of people, who've made TechDirt, etc., a part of their day.
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Leigh Beadon (profile), 14 Jul 2014 @ 11:33am

Re:
Read that final linked lawsuit from his college days. I wish he were merely stupid and that all it did was burn, but it seems more like he's hateful with the heat of a thousand suns.
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Anonymous Coward, 14 Jul 2014 @ 11:46am

Re:
I don't think that's Kenneth "All I Said Was I Worship Hitler!" Eng's root problem... No, I think that Kenneth "I Have A Deep And Unrelenting Hatred For White People And Their Coon Servants" Eng's root problem is clear for all to see. Kenneth "If I Wasn't Anti-Semitic Before, I Certainly Am Now" Eng doesn't try to hide it.
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weneedhelp (profile), 14 Jul 2014 @ 11:46am

This guy
is as shit stupid as he looks. Go ahead... sue me... I bet I can prove it.
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Gracey (profile), 14 Jul 2014 @ 11:46am

...too bad he lives in NY, otherwise he could just file for the right to be forgotten.

On the other hand ... maybe we should just forget him anyways.
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GMacGuffin (profile), 14 Jul 2014 @ 11:48am

Sua Sponte?
I'm not clear on how some of these cases are getting dismissed without even being served. Most courts don't even look at a Complaint until the defendant brings a motion to dismiss, etc.

If they're being dismissed sua sponte (on the Court's own motion), it further indiates that they really have his number.

(... the overt racism ... ouch, cringe)
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Anonymous Coward, 14 Jul 2014 @ 11:49am

Re:
Who?
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Ninja (profile), 14 Jul 2014 @ 11:53am

Re: Re:
Sounds like the punchline for the lone Samurai named Miyamoto Quixote. Or something.
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mcinsand, 14 Jul 2014 @ 11:54am

sounds about right
This guy has about the intelligence level to be expected of a racial supremacist.
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Anonymous Coward, 14 Jul 2014 @ 11:58am

Don't hold your breath
I'm not sure how many dismissals it will take before Eng realizes that public records are public records, and generic ideas/expressions aren't protectable under copyright law. My guess is it won't be the dismissals that stop him but the courts' decision to start charging him filing fees. Notably, no case dismissed has ever been appealed because each dismissal comes with the same warning attached: you're paying for the next round.

From the college lawsuit:

In your own words, you stated that, "I learned pratically nothing", and I would concur with that assessment. In fact, I don't think you're capable of learning anything from anyone."
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OldGeezer (profile), 14 Jul 2014 @ 12:03pm

Funnier than Prenda!
I have always relished articles about Prenda. I have laughed my ass off so many times as I read about their steady downfall. Until they finally were exposed for their fraud they actually were often successful in extorting butt loads of money. This idiot has never filed a lawsuit that had any chance. His copyright suit against Baldwin at least made it to court but these recent suits just show he has really gone off the deep end. Great comedy though.
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Anonymous Coward, 14 Jul 2014 @ 12:07pm

Re: Sua Sponte?
I think that because he was asking to proceed "in forma pauperis", the court had to look at the complaint in order to approve that request (the lawsuit couldn't proceed at all until the filing fee was taken care of one way or another.) And when they looked, they saw the obvious problems.

On another note, the court "again reiterates" its warning that it could impose sanctions. If you are reiterating your warning again, that may be an indication that your warnings are being ignored, and maybe sanctions should actually BE imposed instead of just threatened. Just saying.
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DSchneider (profile), 14 Jul 2014 @ 12:10pm

Re: Re:
There is this line on the 3rd page of the lawsuit:

"They hid behind the law like the animals they were"

If that animal was a duck the man has a Supreme Court precedent to use.
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Anonymous Coward, 14 Jul 2014 @ 12:15pm

NYPD jurisdiction not covering California
If he did in fact do this, presumably the NYPD told him that Redwood City, CA is a bit out of its jurisdiction.
Based on other NYPD activity, I don't see why being in a different state should protect Tim from the jurisdiction of the NYPD. They may only be a city police department, but they clearly think they have jurisdiction anywhere they care to go on Earth.
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Indy, 14 Jul 2014 @ 12:16pm

Re: Re:
http://i.imgur.com/Lrf9TXB.jpg
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Vidiot (profile), 14 Jul 2014 @ 12:17pm

CAN'T... STOP... READING...
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Anonymous Coward, 14 Jul 2014 @ 12:23pm

I just got sucked into his college-days lawsuit. I thought I'd be amused, but ended up just being sad. Laughing at him just feels wrong. Sure, his lawsuits are comically bad--and his views on race reprehensible--but making fun of him almost feels like laughing at the guy with Tourette Syndrome at the bus station. This guy clearly needs help, but probably won't get it.
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Anonymous Coward, 14 Jul 2014 @ 12:29pm

It's often used in examples but rarely do you find an actual critter to point to.

I present you with 'moron in a hurry'.
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Anonymous Coward, 14 Jul 2014 @ 12:39pm

Re:
I've never read anything contradicting the theory that

Kenneth Eng tortured animals for fun when he was a child.
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Matthew A. Sawtell, 14 Jul 2014 @ 12:55pm

Reminds me of the old 'Usual Gang of Forumites' at the China Daily BBS
Hm... reading Ken's 'Legal Briefs', I am reminded of the old 'Usual Gang of Forumites' that used hold the roost at the China Daily BBS. Then again, we may have sparred in thread or two without knowing it. {laugh}
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DannyB (profile), 14 Jul 2014 @ 1:11pm

Officer X's checkbook
Would Officer X actually be able to just pull out his checkbook and write three checks:
1. $200 Million - to Hong Kong govt.
2. $200 Million - to Vietnam govt.
3. $5,000 to Kenneth

I suppose my question is, if one is delusional, then why stop at Four Hundred Million Five Thousand Dollars? Why not a billion? Heck, don't be outdone by the RIAA's seventy five TRILLION, why not go for one quadrillion dollars?
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DannyB (profile), 14 Jul 2014 @ 1:12pm

Re:
Oh God, please PLEASE let Prenda hire this guy to represent them.
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Rich, 14 Jul 2014 @ 1:32pm

Re: This guy
How do you know you won't get sued by stupid people for lumping them in with him?
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Nerdz Inc., 14 Jul 2014 @ 1:34pm

Re: Re:
Obviously, I'm referring to litigation against blog postings per se, not this individual in particular.
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Rich, 14 Jul 2014 @ 1:35pm

Re: Officer X's checkbook
Like Dr. Evil when they explained to him how low one million dollars was.
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Anonymous Coward, 14 Jul 2014 @ 2:03pm

Re:
That would for sure be a step up. While his interpretation of copyright seems pretty close to some of the more extreme people in the field, defamation is much easier to defend even if the reasoning is as misinformed as this. I hope I am not giving him good ideas here...
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Tmc, 14 Jul 2014 @ 2:24pm

Is it possible that someone is gaming an efile system with his name? The idea that this much stupidity and hate and willful ignorance can be concentrated into one individual is troubling.

If it's true: wow, Asian supremacists are just as stupid as white supremacists and black supremacists. Who knew?
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connermac725 (profile), 14 Jul 2014 @ 2:24pm

NOT TOO BRIGHT
Normally I would comment on his low intelligence but he pretty much covers it himself
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BrokenChord, 14 Jul 2014 @ 2:30pm

Re:
'fed a diet of warm flat beer and .... '
Oi! only us English are allowed to drink warm flat beer.
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weneedhelp (profile), 14 Jul 2014 @ 2:37pm

Re:
Shhhhhh... how do you think they get Leigh to post here. :)
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weneedhelp (profile), 14 Jul 2014 @ 2:38pm

Re: Re: This guy
Shit.
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weneedhelp (profile), 14 Jul 2014 @ 2:38pm

Re: Re:
3rd base?
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weneedhelp (profile), 14 Jul 2014 @ 2:41pm

Re:
Its ok to laugh... Just not in front of him. (Yes I am going to hell I know.)
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FauxReal (profile), 14 Jul 2014 @ 3:42pm

It would be pretty entertaining if he decides to sue the court and Judge Vitaliano.
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Aaron (profile), 14 Jul 2014 @ 4:14pm

My character appeared in my book The 0th Dimension, written in 2003 and published in 2007 by FurNation, and published again by Double Dragon Publishing in 2012. ... There appears to be a copyright notice dated year 2000

So he's suing for infringement on something published seven years before his own book?
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Maggie (profile), 14 Jul 2014 @ 4:44pm

This guy is delusional and scary. https://www.youtube.com/watch?v=TK4fjMhGn-I
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Anonymous Coward, 14 Jul 2014 @ 5:17pm

Copyright law has created yet another monster!
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Kronomex, 14 Jul 2014 @ 8:13pm

Eng is a nasty , deluded, vicious, and sociopath. I also have a feeling that he suffers badly from the small man syndrome. He should be heavily medicated.
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Robin Byron (profile), 14 Jul 2014 @ 9:31pm

Re: Re:
Well, as long as it's not fortified with curry.
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orbitalinsertion (profile), 14 Jul 2014 @ 11:50pm

Re: Huh...
Oh my, yes. I've run into several. They all followed the "scientific racism" school of though, if you can call it that. Not sure if that is a representative sample, or if it is skewed by the places they chose to show up.
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orbitalinsertion (profile), 14 Jul 2014 @ 11:57pm

Completely aside
In addition, she mentions that the dragons in her story came from Pre-Cambrian Earth. I also had a similar history in my story, in which dragons evolved from the dinosaurs.

Both of these ideas are pretty hilarious. When the attempt to explain ruins the suspension of disbelief, it tends to crash a story. (Unless suitably ridiculous explanations are are part of an author's style.)
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spodula, 15 Jul 2014 @ 12:43am

Ah got it!
The last bit gave a clue, he's some form of failed artist!

Perhaps this is some form of legal Performance art?

Heck, i've seen worse...
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G Thompson (profile), 15 Jul 2014 @ 1:53am

Re: Re: Re:
OMG Cant...stop.... laughing
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Ninja (profile), 15 Jul 2014 @ 2:48am

Re: Re: Re:
+10 internets to you dear sir
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OldGeezer (profile), 15 Jul 2014 @ 3:46am

Re: Re:
Great idea for new comedy series!
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Anonymous Coward, 15 Jul 2014 @ 5:02am

Eng vs School

Wow, just wow. Thats ominous.
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Ninja (profile), 15 Jul 2014 @ 5:21am

Re: Officer X's checkbook
He's just the MAFIAA in a small, local scale.
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Sheogorath (profile), 15 Jul 2014 @ 11:42am

I repeat, Mr. Eng
I invite you to sue my ass.
Dragonworld ETC, Dragonworld ETC, Dragonworld ETC, Dragonworld ETC, Dragonworld ETC, Dragonworld ETC, Dragonworld ETC, Dragonworld ETC, Dragonworld ETC, Dragonworld ETC, Dragonworld ETC, Dragonworld ETC, Dragonworld ETC, Dragonworld ETC, Dragonworld ETC.
Go ahead, waste attorneys fees in attempting to sue me over something that's too short to have a copyright on it.
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Dan, 15 Jul 2014 @ 2:19pm

Arse
Wow this pathetic little racist arse really want his ten million ay
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Coyoty (profile), 15 Jul 2014 @ 8:53pm

Re:
The newspaper by-line looks like it says GOO OF THE UNIVERSE. I would agree.
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