Barton 3000+ reviewed !!

<A HREF="http://home.planetinternet.be/~bbaeyen2/thb/index.html" target="_new"> THB test of Barton 3000+ </A>

= The views stated herein are my personal views, and not necessarily the views of my wife. =

Thanks for that link, that's the funniest damn article I've seen in weeks!

Ritesh

Nice one BB....You must have a lot of spare time....but keep it up. I was LOL!!

What does the HSBC in HSBC Arena (Sabres)stand for? Holy S*@! Buffalo's Cold!!!

About as fake as Tom's P4 picture :-p

= The views stated herein are my personal views, and not necessarily the views of my wife. =

Glad you appreciated it..however,

>but just that other than Van's Tom's Plagiarism Guide,
>this truly has taken a lot of people in beleiving it!

What exactly do you mean by this ?

= The views stated herein are my personal views, and not necessarily the views of my wife. =

>If someone reads it word for word and actually believes
>it they're a moron.

Maybe I should add an update/dislaimer like THG did :-) Something like "Tom's Hardware Bribe has never claimed this to be a true THG article. Any resemblance (how do you spell that btw ?) to other websites is purely coincidence"

= The views stated herein are my personal views, and not necessarily the views of my wife. =

It was pretty good work and made me laugh. And while I can agree that some of the satire was well deserved, I think you went a little over the top in places.

However, you might want to consider taking it down before questions like copyright infrignement over the THG 'hammer' image comes up or, of course, thoughts of libel are persued. Certainly you will want to remove any links that directly relate your spoof to THG's own site. After all, no need to be sued over it.

<pre><A HREF="http://www.nuklearpower.com/comic/186.htm" target="_new"><font color=red>It's all relative...</font color=red></A></pre><p>

There are laws against copyright infringement, which you definately did with the 'hammer' THB graphic. They could easily persue that one and win, hands down.

On top of that, there are also laws against libel (which admittedly would be a difficult one to prove) and character defacement (which would be a <i>lot</i> easier for THG to prove). The latter, in fact, becomes incredibly easy to prove simply because of the numberous hyperlinks which directly correlate your spoof to THG because anyone who reads your spoof easily sees the relation directly to THG should they click on any of those links.

While I personally would not persue any legal action were I Tom, I, as I am sure you know, am <i>not</i> Tom, nor any sort of a representative of THG. And while I find it funny, Tom or other members of THG may not have the right sense of humor to appreciate it.

Therefore all I can say to you is that THG has definate legal grounds for one hell of a 'deformation of character' lawsuit as well as definite legal grounds for nailing you with copyright infringement fines. And depending upon their sense of humor, they may or may not persue them. So the <i>prudent</i> course of action would be to protect your own arse before you find out just how much of a sense of humor THG has to mitigate the chances of this possible occurance.

But, if you want to live life on the edge and hope that Tom and the THG staff have a sense of humor and are willing to not persue legal action and instead just have a good lauch, then by all means do so. It is your life and your money after all. But do know that they have some very clear-cut cases to legally persue that could make your life <i>very</i> unhappy.

Hopefully though, if THG does in fact do anything, it will simply be to tell you to take the spoof down and threaten legal action if you don't.

<pre><A HREF="http://www.nuklearpower.com/comic/186.htm" target="_new"><font color=red>It's all relative...</font color=red></A></pre><p>

you infirged on their copyright. I highly recommend you take it down and make it look completely different! Seriously! I don't think you wanna go through the whole court deal!!! just change the colors and lose the links that directly link your site to his. ok? just do it!




<A HREF="http://www.anandtech.com/mysystemrig.html?id=9933" target="_new"> My Rig </A>

That would definately be the prudent course of action.

The most effective means of making it a difficult court case would be to:
1) Remove <b>ALL</b> links to THG.

2) Change the background colors and fonts to be significantly different from THG and yet be similar enough that those who know can tell the relation. The proof needs to be that the common man cannot relate the two, not that someone 'in the know' can relate them.

3) Make the background of the THG trademark icon in the upper-left corner a different color and use a different tool at the same angle. Another hammer should be enough, but a saw, drill, or other tool entirely would definately be safer.

If these three things can be managed, then THG would have a <b>much</b> more difficult time legally proving any of the above four cases that I mentioned. Granted, they could still try anyway, which would necessitate a good defense lawyer. However, at least then it should be a lot easier to avoid prosecution.

Of course, should THG have already grabbed a capture of the current spoof, then they could still win easily.

But as I said, hopefully THG would politely ask for the spoof's removal or at least <i>threaten</i> legal action long before they would actually persue legal action. Or even better, if THG wanted to save as much face as possible, they would take it for the joke that it is and just laugh and do an editorial complementing the quality of the spoof.

<pre><A HREF="http://www.nuklearpower.com/comic/186.htm" target="_new"><font color=red>It's all relative...</font color=red></A></pre><p>

>Take it down NOW!
>It just ain't worth the risk

I'm sure if they object this joke, they will ask before sueing. I added a disclaimer at the bottom, and if THG asks me to remove specific things (like links to or whatever), I'll consider it. Im no laywer (I would not even know if the Belgian law or the US law would apply), but I don't think I did anything very illegal. Making people laugh is no crime AFAIK. Im most certainly not taking it down as a precaution. I've good a good laywer ;-)

Besides, I think THG knows very well that any legal threat against such an innocent joke would seriously backfire on them, and would cause much more damage to their image than this joke. It would suit them far better to just mail me and say: that was funny...

Nevertheless, if I hear from them, I'll post it here

= The views stated herein are my personal views, and not necessarily the views of my wife. =

it doesn't matter! you infringed on there copyright, their trademark, and libel for making them look bad too. just do it!!! take it down ..

<A HREF="http://www.anandtech.com/mysystemrig.html?id=9933" target="_new"> My Rig </A>

As long as its satire, and doesn't pretend to be an authoritative source, you have no worries of a lawsuit. As for linking to Toms site, you can link to any site you want. If they have a problem with it they can request that you remove your links. If people were held as libel every time they poked fun at someone. We would have no Saturday Night Live, Daily Show, Mad TV, Onion, etc.

As for copyright infringement, I doubt you are in any trouble as you are in no way trying to compete with Tom. I would say the spoof is kind of flattering. Good job. If you can't laugh at yourself, I guess you should stop laughing.

Complicated proofs are proofs of confusion.

It would be funny and satirical if it were a parody article, but the fact that it is done in this way is cause for legal action. Have fun, but don't copy the site and think that Tom's Hardware Bribe sits well with people who work damn hard at THG. By the way, I am taking legal action against Mr. Van Smith. It's getting out of hand with the personal attacks on editors and Tom. No one deserves to be lied about and put up for ridicule. Parody and jokes are one thing, but when someone sets out to destroy people's reputations then, it's another. So, have your article, but please remove ALL the elements of the THG site from your parody. It'll actually make it funnier instead of spiteful and meanspirited.

Omid Rahmat
General Manager
Tom's Guides Publishing LLC

I think Omid is right. Once you spoof one thing you have to spoof everything or you may have the possibility of becoming a credible source. The fact that you have links to actual credible articles, would add perception of credibility to your spoof. Now you have to come up with your own-spoofed links. In for a penny in for a pound eh.

Complicated proofs are proofs of confusion.

I have to agree with Omid on this one. I think it is good to have fun, but not at the expense of those of us who are working hard to provide you with the best articles possible.

No one deserves to be lied about and that of course is the key issue here. Being spiteful and mean spirited is nothing more than just that.

Think what you want to think and beleive what you want to beleive, but you need to remember that you are messing with people's lives and know that as well.

We all have reps to protect in this business and when it starts to hurt ones rep in this business, no one is going to stand by idle and let that happen.

Yeah!

I didn't even know Omid had an account online, and that he would be checking the forum! Perhaps Fredi told him...

I can understand their POV when I put myself into their place, but I do have to admit this was truly a very nicely done art modification of the website, so it has its own merits of creativity.

--
Where did your THGC username come from and why did you choose it? <A HREF="http://forumz.tomshardware.com/community/modules.php?name=Forums&file=viewtopic&p=19957#19957" target="_new">Tell here!</A>

>It would be funny and satirical if it were a parody
>article

It *is* a parody. Not even only of THG, but of the hardware community as a whole. I don't think it could have been more obvious than this. And what the "funny" part concerns: judging by then dozens and dozens of emails I receive of people, I dare say it is actually funny. Go over to Aces' hardware forum, and read the reactions. Tell me they weren't amused.

> but the fact that it is done in this way is cause for
>legal action.

Hu ? Look, I'm not making money on this, you can't seriously claim I'm trying to steal pagehits from you, or try to pretend being a serious hardware site that abused your design/name/fame. Its an obvious spoof, a satire. I used THG as "target" for my spoof, since it is the largest, best known site in this community. Next time I'll take Anand, okay ? Besides, I seriously doubt you have any legal grounds for what action whatsoever, most certainly not here in Belgium.

>Have fun, but don't copy the site and think that Tom's
>Hardware Bribe sits well with people who work damn hard
>at THG.

I tried Tom's Hard-on Guide first, but had a hard time making an apropriate logo ;-) Don't feel too bad, nowhere am I impying let alone claiming any of your staff are being "bribed".. I think THB was better than using the original logo and name, no ? As for the hard work: congrats, keep it up. Its your job after all. I did this in my free time, no one is paying me. I justed wanted to make some people laugh, and did so completely for free. Im sure you must appreciate that.

>It'll actually make it
>funnier instead of spiteful and meanspirited.

Meanspirited ? Oh man.. I show completely useless ridiculous benchmarks like frags per second or compression ratio's of different cpu's... what on earth is meanspirited about that ? If you, or THG feels offended, the only reason I can think of, is that there may be some parallels with many of your cpu reviews. That is not my problem however. On the other side, I sorta tributed (is that an english word anyway ?) your discovery of the P3 1.13 GHz flaw. How's that for meanspirited ?

If you refer to my picture I added afterwards at the end (upon almost anonymous request I may add), I'll admit that is "spitefull" towards Tom. But then again, it was not me that added his ENORMOUS picture with a picture in the picture at the end of his blurb. In Dutch we have a saying: Tall trees catch a lot of wind. Be glad your site can be considered a "tall tree", and take it as a tribute as much as a satire. Is George W Bush supposed to sue any joke that is made about him ? Any cartoon in the newspaper ? Common.. relax, have a laugh.

Concerning the forged picture: I still have to get a straight answer from THG wether or not the picture was faked or not. If it was, it concerns me that this wasnt mentioned (see my other thread "Hammer @3.5 Ghz" ), even if the forgery on its own is no big deal, it sets dangerous precendents.

Concerning the Bapco thing, I am not even attacking THG on this one. I don't even use the fact that I find it very strange that in spite of the controverse around Sysmark 2002, THG doesnt even put a small disclaimer when using the benchmark. I take offense with that, but didn't even exploit that. I merely exploited the controverse in general, took a stand, but didn't attack THG on it, or did I ? Therefore, I really don't see what Van Smith has to do with this issue whatsoever.

>have your article, but please remove ALL the elements of
>the THG site from your parody. It'll actually make it
>funnier instead of spiteful and meanspirited

Firstly, Its *not* an article. I dont run a website. Its a spoof. As for removing "ALL " elements of the THG site, please be more specific; what exactly do you object to ? You don't seriously expect me to create a completely custom design, fake website do you ? What is a spoof then ? Besides, by the time I finished that, everyone will have forgotten about this joke, and I'll have an "Anand tests Prescott" article ready.. Heck, I may even target Van Smith.

Sorry if this post doesnt muchsense, Im pretty sleep deprived. I have a fulltime job to earn my money besides this you know..

Bob

= The views stated herein are my personal views, and not necessarily the views of my wife. =

>No one deserves to be lied about and that of course is
>the key issue here.

What am I lying about exactly ? If you take offence with the "Tom's Hardware Bribe" title, provide me with another one that is funny, and doesnt imply such thing, and I'll gladly update my webpages. I dont think I implied any bribing whatsoever in my joke; I dont even think the "article" can be considered pro-intel or pro-amd, can it ? It can only be considered "useless". But funny I hope.

>but you need to remember that you are messing with
>people's lives and know that as well.

Oh common, Im not "messing with your lives". If you cant take a joke, I suggest you start looking for another job or a more low profile employer. Should any Micrsoft employee consider his life is being messed with, whenever a joke/scam/spoof about MS is published somewhere ? trust me, these people work hard as well. (And even though it may seem otherwise, in fact, so do I. I can still appreciate a good joke if one is made about me though).

>and when it starts to hurt ones rep in this business, no
>one is going to stand by idle and let that happen.

Okay, now I am going to be much more mean spirited than in my spoof: some of your articles do MUCH worse to your reputation than my joke. I suggest you try to look this from the positive side, read the comments (like on Aces forum where I published this link initially, or I can forward you about 150 mails if you like), and draw some conclusion from them. One good article does much more to your reputation than a thousand jokes.

= The views stated herein are my personal views, and not necessarily the views of my wife. =

man if you guys can't even laugh at yourselves for a moment. that's pretty lame. who made you guys "gawds" that couldn't be the center of a joke? what is amd going to stop backing you guys because of this? intel? is everyone just going to stop reading THG's site? let's get real here. you know saturday night live does a very elaboarte nightline skit here and there, if you weren't paying attention you could actually mistake it for the real nightline. but why doesn't ted koppel sue? show a little humility.

"If you think we're out to con you, or fake pictures, or lie, or just make things up then, go read some other site. Hang out there oh, virtuous ones. No one is stopping you.

Otherwise, get off the back of the editors.

Omid Rahmat
Tom's Guides Publishing"

Are you? Many people have asked STRAIGHT UP...is the photo in the 3.6g article a FAKE or NOT? Did you FAKE it or did you accidently use a FAKE picture or do you claim this photo is NOT fake? Stop bullshi++ing us and just stake a claim on one side of the road. If you claim it is an authentic picture...STATE SO. If you screwed up...STATE SO. To ignore and avoid the topic makes you and this site look bad.

I have been an avid reader of TOMS HARDWARE but I have to admit that until I hear an official response regarding this topic, I can no longer look to this site for accurate, non-biased computer hardware information. You have accusations aimed at you. RESPOND! To do otherwise only implies GUILT!

FrizzleFried
www.trackedaggression.com

Hehehehe...I JUST followed the link to this page after reading about the management of THG bitching a moaning (no sense of humor?) about it's content. I have to admit that there were more than a couple of times that I laughed.

Pretty good PS work as well bro...

)

Peace...

FrizzleFried
www.trackedaggression.com


<P ID="edit"><FONT SIZE=-1><EM>Edited by frizzlefried on 09/13/02 09:35 PM.</EM></FONT></P>

if that isn't a cop-out attitude. you know right up front you're not going to please everyone. if you guys are sensitive about some words a few fanboys throw your way. maybe you should find a different line of work. that's like a garbage man saying, "g-dammit, i hate garbage, i'm sick of it! why do people have to throw away uneaten food, junk, etc!" is there a reason why you give this "hate" mail even a second of your time?

and who is name calling? saying your lame? i thought that was an expression of THG staff's actions. if you took as name calling you are mistaken.

so that half-hearted explanation where you guys clearly side-stepped the issue whether you guys doctored the image or not shouldn't raise suspicion? can you tell me what you guys are/were trying to do then? the image is clearly doctored, so when people call you out on that, why not explain?

so bigger men, when they make a mistake, they don't own up to it? i think bbaeyens does care. aside from a good joke, i think he was trying to call attention to something that you guys have not taken responsibility for. furthermore. seeing as we, the readers of THG, keep you guys in business, i think the least you owe us is an explanation. when people have tried everything and the staff still doesn't take action, what's left other than a little slap in the face?

Very funny article I must say, you made me ROFLOL with those benchmarks... LOL.

IMO you'd better remove the links towards THG and just put the buttons there or fake the link with a blue underlined text.

Goed werk Zuiderbuur... ik hoop nog meer van deze prachtige artikelen te zien.

My peltier is so powerful I get Bose-Einstein Condensate beneath it .

Thing is Rahmat, you, as in the entire site, set out to destroy yourselves by publishing articles full of inaccuracies. I'm not even commenting on the damn picture.

I'm sure your "lawsuit" will be dismissed, it's as bad as the people suing fast food chains because they're fat. Do keep us posted on it.