This is showing that they're on the back foot. They know that Vic continues to maintain a major advantage with each hoax that keeps getting easily debunked, so they're now pleading to stop before Funi loses hard.
Also possibly related, there was a huge sale on some retail sites for Funi DVDs/Blurays. This could be Funimation squeezing out as much as they can royalty-wise. If that's the case, then it's an indicator that Funimation will not use their lawyers to represent the VAs and roundabout telling the VAs to save and lawyer up.
The vague statements of Shane, as stupid as they are, aren't going to rise to that level, nor even to the level where they would, by themselves, even justify discovery on the issue.
Vic is almost certainly not going after Shane. He's too pathetic, too poor, and (as I've said before), he's pretty much fucked himself out of any meaningful position at big name cons. Despite the funniest bit being Rackets thoroughly owning him on the law, it's actually him talking way above his pay grade as a con staffer that actually did him in. No con wants to own that shit he was spouting. As lulzy as Pensacon is, they're actually a bit of an exception when it comes to the explosion of pocket spaghetti.
In terms of conspiracy, he's only the cannon fodder they sent in and watched get blown the fuck up. He's done.
Specifically the Eastern District, which is pretty goddamned conservative. There was lots of laughing about putting a bluehair from Commiefornia on the stand on Nick's stream last night.
Specifically the Eastern District, which is pretty goddamned conservative. There was lots of laughing about putting a bluehair from Commiefornia on the stand on Nick's stream last night.
This is showing that they're on the back foot. They know that Vic continues to maintain a major advantage with each hoax that keeps getting easily debunked, so they're now pleading to stop before Funi loses hard.
Also possibly related, there was a huge sale on some retail sites for Funi DVDs/Blurays. This could be Funimation squeezing out as much as they can royalty-wise. If that's the case, then it's an indicator that Funimation will not use their lawyers to represent the VAs and roundabout telling the VAs to save and lawyer up.
Considering how tight Funimation's cash flow typically is and how expensive this is going to be even on basic discovery processes?
Neither Funimation or Sony legal are going to go bat for VA's. They will be considered independent actors and very, very screwed as they will have to hire in some $400+/hr lawyer just to handle the disposition interview for 3+ hours. Never mind the electronic and other communications that have to be made searchable, just dumping the tweets and emails with them isn't going to cut it.
The full blown damage control from the kickvic side is simply amazing to watch considering how quickly they're losing the narrative war and how quickly things are going to get serious due to everything that has been done. Never mind that this law firm's actual mission statement includes "being willing to go to extremes" for the clients that hire them.
Which rather smells like they're going to compel disposition from a lot of people before deciding to pick their final, specific targets to hound till the piggy bank squeals and gets sent to slaughter.
Considering how tight Funimation's cash flow typically is and how expensive this is going to be even on basic discovery processes?
Neither Funimation or Sony legal are going to go bat for VA's. They will be considered independent actors and very, very screwed as they will have to hire in some $400+/hr lawyer just to handle the disposition interview for 3+ hours.
They're both going to have to consider their own legal positions because they're obviously deep pockets themselves. There are reasons Vic might feel it prudent not to sue them. For instance, if he just sues the assholes who actually went after him directly, it wouldn't be on the same level of suing your employer that would get him completely blackballed.
But if he already is completely blackballed he has no reason not to go all in and just sue absolutely everyone.
Basically, I imagine you wouldn't want your SJW shit in any court that is part of the 5th Circuit, but Nick made it a point that the Eastern District is particularly not good because its jurisdiction is pretty rural.
They're both going to have to consider their own legal positions because they're obviously deep pockets themselves. There are reasons Vic might feel it prudent not to sue them. For instance, if he just sues the assholes who actually went after him directly, it wouldn't be on the same level of suing your employer that would get him completely blackballed.
But if he already is completely blackballed he has no reason not to go all in and just sue absolutely everyone.
Well, we know he's not in LA but seems to be in Texas. All his work in Texas is gone and it's Texas based businesses and VA's which have done him wrong. Perhaps sue Funimation and leave Sony alone?
I mean, when this hits Funimation's probably getting gutted, its duties folded into Aniplex in LA anyways, so...
Well, we know he's not in LA but seems to be in Texas. All his work in Texas is gone and it's Texas based businesses and VA's which have done him wrong. Perhaps sue Funimation and leave Sony alone?
And it all happened under their watch after they acquired it, which is interesting in and of itself.
Second the Right Wing Christian Boss is no longer in total control of the company, the workers gang up on the one other prominent christian associated with them the second a multi-billion dollar corp takes over...
Vic is almost certainly not going after Shane. He's too pathetic, too poor, and (as I've said before), he's pretty much fucked himself out of any meaningful position in big name cons. Despite the funniest bit being Rackets thoroughly owning him on the law, it's actually him talking way above his pay grade as a con staffer that actually did him in. Nobody con wants to own that shit he was spouting. As lulzy as Pensacon is, they're actually a bit of an exception when it comes to the explosion of pocket spaghetti.
Speaking of twitter guy and Pensacon, I don't remember seeing this mentioned before but he apparently had them listed on Facebook under favorites. If he's the idiot running the Pensacon Twitter account I wouldn't be shocked.
I can't find this specific page, screengrab is from a video by Hero Hei (the guy in Nick's Metokur Livestream) 12:42
Speaking of twitter guy and Pensacon, I don't remember seeing this mentioned before but he apparently had them listed on Facebook under favorites. If he's the idiot running the Pensacon Twitter account I wouldn't be shocked.
The full blown damage control from the kickvic side is simply amazing to watch considering how quickly they're losing the narrative war and how quickly things are going to get serious due to everything that has been done. Never mind that this law firm's actual mission statement includes "being willing to go to extremes" for the clients that hire them.
One of the things that's kinda interesting about this is that very few "news" sources have actually picked up this story.
Now, that could be because normies don't give a flying fuck about weeb drama, but it could also be because real journalists are skittish about this story and the way its been unfolding. Gizmodo and ANN aren't known for their high journalistic standards.
The only kinda high profile source I could find is Newsweek, and it's pretty tame coverage done early this month that just lays out the facts as first reported by Funi and RT. They did earlier stories about the Broly movie, which is probably why they even GAF:
It certainly hints at the existence of such a thing, and Rackets might have an opinion on this at some point, but civil conspiracy is a very complicated cause of action and, more importantly, has heightened pleading requirements.
I'll explain that briefly. Ordinarily, to plead a cause of action requires simply making a factual statement about something the defendant did and then a legal statement that this action constituted an actionable event that is being sued over. This is called "notice pleading" and need merely be sufficient to let the defendant know in brief outline what he is being accused of so that he can respond to it.
Some other causes of action, such as defamation, require that the pleading be more specific and describe the actions (in defamation these are generally statements) specifically and how they were defamatory.
Conspiracy requires even higher standards, and requires that the conspiracy actually be set out in specific communications between the parties being accused of conspiring. Because this a pleading requirement rather than a burden of proof, one has to plead it at the outset, in the original filing of the claim.
And also because of that, this must be pled before any discovery has occurred. One can no longer simply plead conspiracy and then based on that seek discovery to prove the initial allegations. It has to be supported, up front, with allegations of specific communications that constitute the conspiracy, or are at least sufficient to establish that some sort of conspiracy occurred.
The vague statements of Shane, as stupid as they are, aren't going to rise to that level, nor even to the level where they would, by themselves, even justify discovery on the issue.
You might ask "well how would you even file such a case if you can't even get discovery into it?" That would be a reasonable question and probably worth discussion later, and I'd assume Vic's lawyers have some plan in this regard, which they aren't going to talk about publicly.
But my brief offhand idea is that you already have a solid defamation cause of action assuming these claims are false, and as such, broad latitude for discovery into the background of the already known defamatory statements that definitely meet the threshold pleading requirements.
So it's very likely that in discovery related to the defamation and to any due diligence or actual malice involved, any actual conspiracy-related material would tend to come out. So if that's there, they're going to find it. If they do get the evidence to back up such a cause of action, they can then file an amended complaint re-alleging the defamation claims and throwing in the conspiracy.
This is assuming they don't get together enough stuff to plead conspiracy at the outset. Still, I wouldn't put much stock in that angle of attack. Conspiracy is a sexy cause of action that people like sperging about but it is complicated, expensive and often just not worth bothering with.
The big plus is if you can get over the hurdles and successfully plead it, you get everyone (including the guys with the deep deep pockets) on the hook for the full damages even if it's some schmuck conspirator with no money who actually did the shittiest things that got you the judgment.
But you can get this with a joint and several liability theory without conspiracy.
I’m thinking that Funimation and Rooster Teeth are unlikely subjects for any conspiracy claims themselves. It can be reasonably construed that they acted on information brought to them. But discovery on them will unmask those communications and any investigation that Funimation did. Which could lead to conspiracy used against the next tier of defendants. Marchi, Rial, etc.
@AnOminous, @Captain Manning, thanks to both of you for taking the time to explain. It's great fun for us "civilians" to speculate on this legal stuff, but having real input on what actions are possible and what facts are required are a great addition to this thread. The burden for discovery on the conspiracy charge was especially enlightening.
One of the things that's kinda interesting about this is that very few "news" sources have actually picked up this story.
Now, that could be because normies don't give a flying fuck about weeb drama, but it could also be because real journalists are skittish about this story and the way its been unfolding. Gizmodo and ANN aren't known for their high journalistic standards.
The only kinda high profile source I could find is Newsweek, and it's pretty tame coverage done early this month that just lays out the facts as first reported by Funi and RT. They did earlier stories about the Broly movie, which is probably why they even GAF:
One of the things that's kinda interesting about this is that very few "news" sources have actually picked up this story.
Now, that could be because normies don't give a flying fuck about weeb drama, but it could also be because real journalists are skittish about this story and the way its been unfolding. Gizmodo and ANN aren't known for their high journalistic standards.
The only kinda high profile source I could find is Newsweek, and it's pretty tame coverage done early this month that just lays out the facts as first reported by Funi and RT. They did earlier stories about the Broly movie, which is probably why they even GAF:
I'm actually amazed that the MarySue, Jezzebel or the Guardian haven't waded in. I don't think we will see any legit news sites pick it up until or unless the Daily Caller goes all Religious Persecution on them.
At the moment everyone is too busy talking about the fake news story the media outlets all ran with from a tweet from a random person, Why did they do it? It's obvious, its woke.
NO. 
