Pxie has claimed that there are instances of the video being shared after this date as well, let's see. Regardless, Pxie's lawyers need to be on top of this to explain why Destiny's method of distribution constitutes the video being continually distributed long after the law went into effect.
(I know Pxie's lawyers follow the thread: Look into how the videos were distributed by being uploaded to Discord and Google servers, and shared/shareable via links. Also there is some case law to corroborate this argument)
To be clear, this was not a social media post as they claim. This was sent in a DM to Dan Saltman. Dan of course has no right to know the answer, and Pxie's lack of trust in Destiny's best friend and business partner, and subsequent chief of propaganda, proved correct.
Lol, he's actually going with the "implied consent" defense.
Rose was a member of the community in which Pxie was a familiar on-stream personality. She also was easily identifiable in the video for anyone that knows what Pxie looks like - which matters because of the very real risk of the video being distributed further.
Destiny
believes Rose is the only person he's sent the video, but is adamant that it was not shared with anyone after April 9, 2022 hmmm... Please, at least one of those other people he sent it to come forward.
I guess it might be accurate to say he "learned that he was the victim of revenge pornography" on Nov 29, but he was made aware that someone had access (incl. to the videos) before that and took no counter-measures, including removing (access to) the files or informing the (real) victims.
Videos he distributed without consent of the other parties are apparently "his content."
Still claims to not have permanently deleted any evidence "pertaining to this lawsuit." No mention of how the evidence was preserved after deleting the primary evidence, or if this methodology upholds any standards (if there are any).
Funny that in the same breath as they claim that deleting Discord logs
does not mean spoliation, they accuse Pxie of spoliation for deleting a Discord message (without knowing whether she preserved it elsewhere).
@Null did you get one of these?
No PII they claim, still evidently easily identifiable
Distributing it to some at-best 19yo discord kitten (among others) must make it pretty close to certain to be distributed further.
They keep harping on this, please just one person show some fucking integrity/spite/whatever and own the fucker..
This sums it up. They've got nothing to claim Pxie explicitly consented to the sharing.
"She implicitly consented by sharing similar material previously [similar!=non-consensually]."
"By making a sex tape there is a theoretical chance of it being distributed thus you implicitly consent to it being distributed."
Idk..
- Informing people of where to find the videos
- A community of tens of thousands of people willing to propagate your unverified claims (Pxie is only after money, Pxie shared videos non-consensually, etc.)
- Starting to use her first name and other intimidation tactics
Not true of course, and the dam was just starting to fail. Multiple videos identifying Pxie had been published by the time the Substack was published.
Victim blaming? Not cool! Of course, any and all harm is contingent on Destiny's initial action of distributing the video.
I guess now all of a sudden we should have some expectation for personal messages to be distributed to the general public!!
Again, Destiny took no action when he was informed that someone had access to the material, showing no concern for informing, or minimizing the harm to, the victims.
Get rekt.
Destiny estimates he will lose a lot more if the PI is granted.
Well, THERE IT IS. He used Discord Log Exporter. Anyone know the standards for preserving electronically stored information (ESI) if you delete the primary source? It's gotta be something more than this, right? Something a little more.. tamper proof?
