William James Mitchell vs. Twin Galaxies LLC, Jeff Harrist & Jeremy Young & donkeykongforum.com, Benjamin Q Smith

[Berrakh]

Jobst is what your brain is on speedrunning, that's why no hit/no death runners are better

Speedrunning the court system is inadvisable wherever it’s even possible.

 

[AnOminous]

Queensland guidelines state that Karl's lawyers had to warn him just how much it might cost him if he lost. And he chose to humiliate himself to the entire world anyway.

This may actually work in Jobst's favor. At least if they actually told him he had a ghost of a chance at winning, considering the facts we only know now.

Because that would be malpractice. He could actually sue his lawyers over this.

If he actually got good advice and ignored it and decided to go ahead, he's fucked. The lawyers, in that case, did what they were paid to do, even if they advised their moron of a client that he had zero chance of winning.

 

[Wodanaz]

I wish all these pretend lawyers would write cringe blogposts like the pacmanworld guy instead of shitting up the thread with their barely coherent political takes

 

[Dizzyuntildeath]

I wish all these pretend lawyers would write cringe blogposts like the pacmanworld guy instead of shitting up the thread with their barely coherent political takes

Sir, you're in contempt of clown court. Bailiff? Remove this rabblerouser.

 

[urr13 account]

The worst thing about Billy Mitchell is that he look exactly like moistcritical. It's uncanny. Perhaps charlie is Mitchell's illegitimate son.

Karl Jobst is a complete and total retard, any lawyers advising him to settle and retract his statement would have probably been fired.

I wouldn't be surprised if he doubles down in his next youtube video and has an emotional breakdown over donkey kong scores and the sanctity of speedrunning with zero mention that the guy whos suicide Jobst tried to maliciously pin on Mitchell literally named two of Jobst's friends in his suicide note.

 

[Gobermental Supervisor]

This may actually work in Jobst's favor. At least if they actually told him he had a ghost of a chance at winning, considering the facts we only know now.

Because that would be malpractice. He could actually sue his lawyers over this.

I wish all these pretend lawyers would write cringe blogposts like the pacmanworld guy instead of shitting up the thread with their barely coherent political takes

I'd like to know why that Ersatz_Cats guy presents more information on his blog about why Karl supposedly had a reason to believe his statements to be correct than Karl presented in his defense.

That makes no sense to me.

Outside of that the ranting over there by the self-proclaimed expert on this case is pretty schizophrenic. Trying really hard to shift the blame for people not understanding what the lawsuit was about on EVERYONE other than the person who failed to explain to his viewers and donors what it was actually about.

 

[Berrakh]

I wish all these pretend lawyers would write cringe blogposts like the pacmanworld guy instead of shitting up the thread with their barely coherent political takes

And where they are coherent it’s just something endlessly repeated as a truism that sort of misses the point anyway.

This may actually work in Jobst's favor. At least if they actually told him he had a ghost of a chance at winning, considering the facts we only know now.

Because that would be malpractice. He could actually sue his lawyers over this.

If he actually got good advice and ignored it and decided to go ahead, he's fucked. The lawyers, in that case, did what they were paid to do, even if they advised their moron of a client that he had zero chance of winning.

People keep saying the lawyers fucked it up but they don’t explain why or how so I’m skeptical this isn’t just the newest permutation of that line.
Obviously we wouldn’t know if they did this so maybe they did but that cuts both ways.

 

[American Castration]

The movie was loaded with a lot more bullshit than just that. It's been many years since I've seen it and done the research, so I don't remember all the little details off the top of my head. But I did find this article which gets into some of it: https://ascii.textfiles.com/archives/1303

Without the Jew made documentary 'King of Kong', the Reddit troon hive would never have had a clue who Billy Mitchell is. They didn't gaf about Donkey Kong anymore than they gaf about who the world skeetball champion is. Here's probably the most critical passage from that article:

 

[urr13 account]

I'd like to know why that Ersatz_Cats guy presents more information on his blog about why Karl supposedly had a reason to believe his statements to be correct than Karl presented in his defense.

That makes no sense to me.

Because Ersatz_Cats is full of shit. What evidence could they have that Mitchell is to blame for ApolloLegends suicide, how would you even begin trying to prove that in court about any one.

Ersatz_Cats is coping, seething, malding, and probably dilating and nothing they say should be given any regard.

 

[American Castration]

People keep saying the lawyers fucked it up but they don’t explain why or how so I’m skeptical this isn’t just the newest permutation of that line.

Obviously we wouldn’t know if they did this so maybe they did but that cuts both ways.

We literally have Jobst bragging that he ignores his lawyers, from @Bogged_n_Jewd

He thought Reddit was the real world.

 

[Dude Snakes]

I take back my previous statement, Karl is a crazy ex girlfriend, imagine wanting to ruin someone's life because he cheated at a videogame speedrun. The fact that Karl is also a censorious leftiod that believes in cancel culture and financial ruination over hatespeech I can't help but laugh at him losing this lawsuit and going broke. Suffer Karl hail King Billy!

 

[Pieberry]

Billy Mitchell does not speedrun, he achieves high scores. He's more of a gamer than any speedrunner.

 

[Gobermental Supervisor]

People keep saying the lawyers fucked it up but they don’t explain why or how so I’m skeptical this isn’t just the newest permutation of that line.

It was mentioned already back when the trial was taking place in front of the judge. Or at least that is the first time I heard of that claim.
As I understand it Australian court requires you to file pleadings ahead of the trial in which you lay out your case. For the plaintiff that would be what accusation you are making, what damages you seek, where/how you were harmed and in what way and how you plan to prove this.

For the defense it would be how you plan to defend and you have to plead exactly what type of defense you are going to use.
I just had a read of the Australian Defamation Act and in my opinion the ONLY reasonable defense Karl could have gone for is this one.

31 Defences of honest opinion
(1) It is a defence to the publication of defamatory matter if the defendant proves that—
(a) the matter was an expression of opinion of the defendant rather than a statement of fact, and
(b) the opinion related to a matter of public interest, and
(c) the opinion is based on proper material.

Considering that Karl did not actually try to defend himself by claiming it was an honestly held opinion based on some type of material, I believe this could be what Ersatz_Cats is referring to. The lawyer might have fucked up pleading the correct defense.

But since I do not have access to the actual court documents and the multiple amended defenses filed, I cannot say for sure.
Would be great if some journalist in Australia would request the entire case filings to publish them to show what went wrong. (If doing so would be legal)

[EDIT] To be clear, I am not saying this is true, just that is what I understand the claim to be.

 

[WhatZitTooya]

Ignoring economic damages, the standard would be definitely be higher in the US, but malice was listed as a factor in the Australian ruling. I don't know if it was a necessary factor or an aggravating factor but I think he'd have lost that in either country because of his behavior. The judge hated this Jobst guy for being really annoying.

Reading through the judge's ruling, the "malice" discussed Karl's general attitude toward Billy, and seems to have been cited to support higher punitive damages.

With US defamation law, "actual malice" specifically is the claim that when the defamatory statement was made, the defendant knowingly lied with the intent to cause harm. The plaintiff must demonstrate this with "clear and convincing" evidence. This is usually done by showing that the defendant had full foreknowledge of the situation, or did something like falsify or misleadingly edit a quote from the plaintiff. That doesn't seem to have been a factor in the ruling.

If this were a US court, if Billy weren't a public figure, then it would still likely go in his favor. But since he would almost certainly be considered one in the law's eyes, it would make his case harder.

 

[urr13 account]

Considering that Karl did not actually try to defend himself by claiming it was an honestly held opinion based on some type of material

Maybe the secret to Billy Mitchells responsibility for ApolloLegend's death was hidden in DarkViperAU's video "ApolloLegend is SCUM"? Shit, seems like he took it down I cant find it anymore.

What about the suicide note? that has to mention Billy Mitchell, right?



Shit not there either.

If Jobst continues to double down, would there be any chance of him facing additional penalties? Like if it's confirmed in court that you defamed someone and your response is just "Billy Mitchell is a lying trickster who tricked this retarded judge!!!! Billy Mitchell cheated at Donkey Kong!!!!" in a way isn't that continuing to defame them since you are essentially continuing to pigheadedly stand by your original claim?

Probably not but it would be funny if Jobst had to give Billy Mitchell even more money. I think they should up it to at least an even million in my opinion. It's in AUD anyway so a million AUD is basically nothing to an American like Billy Mitchell.

 

[Gobermental Supervisor]

Reading through the judge's ruling, the "malice" discussed Karl's general attitude toward Billy, and seems to have been cited to support higher punitive damages.

With US defamation law, "actual malice" specifically is the claim that when the defamatory statement was made, the defendant knowingly lied with the intent to cause harm. The plaintiff must demonstrate this with "clear and convincing" evidence. This is usually done by showing that the defendant had full foreknowledge of the situation, or did something like falsify or misleadingly edit a quote from the plaintiff. That doesn't seem to have been a factor in the ruling.

If this were a US court, if Billy weren't a public figure, then it would still likely go in his favor. But since he would almost certainly be considered one in the law's eyes, it would make his case harder.

Incorrect. Karl published the false claim twice. He took it down after being informed it was wrong, then re-uploaded it 4 days later. Meaning he published the defamatory statements twice. And once after he was told directly that the statement was false. He was then again told that it was wrong, and removed the section of the video again.

He also doubled down in a Tweet claiming that "he did not take the part of the video down because it was false, but rather because he wanted Billy to sue him over the cheating".
During the court case he said he still held the opinion that Billy was responsible for ApolloLegend's death. And he did not present evidence to support that opinion and his previous claims.

In my opinion Karl would have lost in any western court because at least at the time of the second publication he knew it was false, because he had been told so.
"I do not believe the guy I am defaming because I hate him so much!" is not a defense.

 

[foreman 89]

While it is shitty that Karl deliberately obscured aspects of the case, I still think he is a decent dude and puts out good content and I hope he can recover from this and his family won't be too financially impacted.

 

[Chadikus Maximus]

I have been wondering the same thing.

Karl must have known that this case was about something materially different than what every other lawsuit Billy ever filed against anyone else.
That is why I was so shocked by the result, until I read the judgement and the reasoning behind it I was completely in the dark that the case was exclusively about the Apollo Legend accusation and that Karl had no source for his claims. Completely flabbergasted he would take this to trial.

Considering Karl played the same level of Goldeneye 007 some where around 135,000 times over what the last 10-15 years to only shave of a single second of his best time and as soon as he laid eyes on that 0:52 time he nuted, Karl and his kind might legitimately think cheating at video games is worse than murder

 

[AnOminous]

People keep saying the lawyers fucked it up but they don’t explain why or how so I’m skeptical this isn’t just the newest permutation of that line.

I don't. Karl himself fucked it up. Maybe he told them to do that, but if they didn't advise him that he was doomed to push his bullshit arguments, and tell him he would lose, then they did indeed fuck it up and they committed malpractice.

 

[VidMasterEon]

Seeing all these gay internet legal slapfights over the years has only solidified my stance that we as a society need to bring back dueling for settling civil disputes.

"Civilized men are more discourteous than savages because they can be impolite without having their skulls split"