Humans are just barely intelligent tool users; Darwinian evolutionary selection stopped when language and tool use converged, leaving the average hairy meme carrier sadly deficient in smarts.
Beck is only making matters worse for himself by threatening legal action against the website. Before, it was just another idiot meme among the oceans of idiot memes online. Now, it's creeping through the blogosphere toward the mainstream news.
Aucun homme n'a recu de la nature le droit de commander aux autres. La liberté est un présent du ciel, et chaque individu de la meme espèce a le droit d'en jouir aussitòt qu'il jouit de la raison.Denis Diderot
As for why it's not particularly smart -- whether he wins or loses -- is because he just called a whole bunch of attention to some silly internet meme that clearly wants attention. Beck would have been better off just ignoring it. Instead, in legitimizing it by trying to take it down, many more people become aware of the meme -- and may start calling attention to situations where Beck (and others) make use of such tactics.