U.S. District Judge Michael Fitzgerald refused Thursday to throw out a copyright infringement lawsuit that Pepe's creator, California-based artist Matt Furie, filed against Infowars over its poster sales.
"We are fighting this case because we think it's a free speech issue," Randazza said." is doing it as an act in the public interest instead of his own interest." Jones also uses his website to sell a diverse range of products. Furie's lawsuit says he didn't authorize the site to sell a"MAGA" poster that depicts Pepe alongside images of Jones, President Donald Trump, far-right agitator Milo Yiannopoulos and other right-wing figures.
Infowars' attorneys claimed Furie based his character on a"pre-existing, strikingly similar" Argentine cartoon character named"El Sapo Pepe," or"Pepe the Toad." They argued Furie could be precluded from asserting any copyright interest in his creation if Pepe the Frog is an"unauthorized derivative work" based on Pepe the Toad.
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