If Pxie doesn't change it I think it's pretty likely that she will lose, but what the fuck do I know.
I humbly disagree! (also not a lawyer)
While Destiny and his lawyers want to focus on Destiny’s initial transmission with Rose…
…the law perhaps cares about more than that:
Sounds pretty broad!
Let’s remember that Destiny didn’t give Rose a separate copy and anything that happens to the video after this is out of Destiny’s control. Solo didn’t get access to the videos because Rose gave him a copy, he got access (
via Rose’s Discord account) because the videos, uploaded by Destiny, were still accessible and shareable. Sounds like “make accessible”!
Not sure what “initial leak” Code Cave is referencing below, but I guess it’s one of these [
1,
2,
3], happening November 20-22, or if it’s the same leak Solo is referencing or if he’s referencing the November 29 leak of the videos. Anyways, he apparently only removed two of the videos (“
after the leaks” ):
https://kiwifarms.st/threads/steven-bonnell-ii-destiny-destiny-gg.29205/post-19993533
One of the videos was the video of Pxie...
...and I am assuming the other one was the one with Stasia (Both easily identifiable 3rd parties. Weird that he didn’t remove the videos of Melina, but he seems to have some old-world understanding that a wife is property.) This tells me two things,
i) He knew he was making the videos accessible. He’s tried to argue otherwise...
...but then why delete them? I guess he's also against any legal actions on these matters then, since it doesn't matter (so glad this guy is the Rape Review King)!
ii) He knew he never had consent to share the videos.
Remember that Jstlk warned him about this content and he did nothing. He didn’t delete/restrict the videos and he didn’t warn the victims:
It speaks to malice and his callousness for the victims; it indicates that he has shared so much material that he has no control of who he’s sent what to; we don’t know if Solo had downloaded and created his own copies of all the videos at this point, so maybe if Destiny
stopped making the videos accessible not all of them would be public.
Solo even warned Destiny he would share the videos, on November 29 before leaking them, and Destiny refused to oblige/negotiate etc. He also, apparently, didn't remove the videos even at this point (he deleted them “after the leaks.”):
https://kiwifarms.st/threads/steven-bonnell-ii-destiny-destiny-gg.29205/post-20644593
As far as what he shared via Google Drive, remember that all files have a permanent, unique ID (same for the URL). Thus, he can’t change or curate who has access or make a “clean slate”: The video will be accessible by anyone who’s ever had the URL, and it’s an active choice by Destiny since the default option is restricted access, not open (which these files were). All the same applies for Discord (back then, after Oct. 1, 2022) AFAIK. Sounds like “make accessible”!
I want to point out why Destiny’s definitions and arguments are asinine, and why the statute is much broader. Imagine living in his fantasy world:
- Destiny transmits the video to Rose before the statute’s effective date
- The transmission is done by uploading the video to cloud servers, with an open link
- In Destiny’s world this does not count as distribution or making the video accessible (somehow). Since he argues this is a one-shot transmission, and was before the effective date, he has no obligation to take down the video at any time after the date nor can he face any repercussions for it.
Destiny has also argued that no case law exists (on “ongoing distribution” and the case more broadly) and therefore they have no case. Weird argument! If only there was case law opposing Plaintiff’s arguments! Case law are not laws of nature, they occur when precedent is set and are not pre-existing, and I can’t wait for Destiny to finally find his legacy of setting precedent for nailing future sex pests to the wall and being a case study at Harvard Law
Summary:
- Destiny uploaded the videos to Google and Discord servers
- He consciously made the videos freely accessible via URL (active choice on Drive, knowingly on Discord)
- He refused to take action when being aware of access by malicious party
- Malicious party got access to the videos thanks to Destiny’s cloud-hosted copies of the videos, not copies made by another party
- If this doesn’t constitute making the video accessible, I don’t know what “make accessible” is supposed to entail…
