Weeb Wars / AnimeGate / #KickVic / #IStandWithVic / #vickicksback - General Discussion Thread

Remember the "Ritalin Kid" phenomena that took hold back in the 90s when many parents decided their job was too hard and fed their normal kids the latest wonder cure? Ever wonder what the results would be when the Ritalin kids grew up? Kick Vic pretty much shows the answer.


I actually do have ADHD, but I also seriously felt the effects of this phenomenon about 7 years ago. After high school, I stopped taking ritalin, because it just killed my personality. It turned me into a zombie, albeit an intelligent, hardworking zombie. After I stopped taking it, though, I fell into a deep depression and damn near killed myself because of it. I've fully recovered now, but this shit is serious and not to be fucked around with.
 
Those affidavits are beyond belief: one is from a person saying that Monica Rial (one of the people being sued for defamation and civil conspiracy in this lawsuit) told her that Vic is 100% a bad dude; while the other is from a Funimation employee (one of the parties being sued for defamation and civil conspiracy in this lawsuit) alleging that Vic is 100% a bad dude. Both with zero evidence!

That is pretty much inadmissible hearsay if it's being offered for the truth of the matter. Who cares what Monica Rial said to some rando? She's a party in the case. She should be saying that stuff herself and under penalty of perjury and subject to cross examination.

Here's a recent case from back in April about the standard of evidence in these motions and how hearsay is treated:
 
I bet Rial and company just hate how intrinsically charming and magnetic Vic is. I bet they blame him for getting all of the recognition among fans, operating under their flawed assumption that he's making them look bad.
That reminds me of the thing with Neil Kaplan and the piggyback rape. If you watch the full panel video from when that happened, Neil is having a great time until Vic shows up off stage at 5:00. The crowd starts cheering and Kaplan makes little passive aggressive quips "It's like having Brad Pitt walk out shirtless"


In Part 2 at 1:40 Vic asks if Neil and Cynthia have introduced themselves and Neil says "Oh please, like anyone cares about anybody to the left of you" and talks about reading online how much fans love Vic. Vic tries to joke it off but it's awkward.

 
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That reminds me of the thing with Neil Kaplan and the piggyback rape. If you watch the full panel video from when that happened, Neil is having a great time until Vic shows up off stage at 5:00. The crowd starts cheering and Kaplan makes little passive aggressive quips "It's like having Brad Pitt walk out shirtless"


In Part 2 at 1:40 Vic asks if Neil and Cynthia have introduced themselves and Neil says "Oh please, like anyone cares about anybody to the left of you" and talks about reading online how much fans love Vic. Vic tries to joke it off but it's awkward.

That's another thing I hate about all this. We can't shoot the shit anymore with people. Now we have to wonder if the fun stuff these people did back then were secret signs that they wanted to stab this guy in the back.
 
That is pretty much inadmissible hearsay if it's being offered for the truth of the matter. Who cares what Monica Rial said to some rando? She's a party in the case. She should be saying that stuff herself and under penalty of perjury and subject to cross examination.

Here's a recent case from back in April about the standard of evidence in these motions and how hearsay is treated:

As I've been saying for days now, these people haven't the slightest clue what an affidavit is for one and for two they don't have the slightest clue how to make factual statements. To them, their opinion of reality is itself factual. That's why you'll see phrases like "living my truth" or others that are similar. Their biased perception of reality is inseparable from reality itself. This is a pathological problem, it's not just malevolence, although that's certainly a portion of it. Remember how distorted their worldview is every time they do or say something that seems so far out of the norm as to submit an affidavit full of unsupported personal opinion.
 
The crowd starts cheering and Kaplan makes little passive aggressive quips "It's like having Brad Pitt walk out shirtless"

What a completely gay thing to say from a dude who may as well have walked out of a Virgin vs. Chad meme.

To them, their opinion of reality is itself factual. That's why you'll see phrases like "living my truth" or others that are similar.

They call it "living my truth." I think "perjury" is a better word for it though.
 
Those affidavits are beyond belief: one is from a person saying that Monica Rial (one of the people being sued for defamation and civil conspiracy in this lawsuit) told her that Vic is 100% a bad dude; while the other is from a Funimation employee (one of the parties being sued for defamation and civil conspiracy in this lawsuit) alleging that Vic is 100% a bad dude. Both with zero evidence!

Just like Casey's initial response to the lawsuit, this could just as easily be filed as proof against the parties, it's mind-blowing :lit:

I'll say one thing though for this TCPA motion: they really went all-out with it. For us it's clear this is utter rubbish: seeing 8 different Anime News Network articles being cited as serious evidence is the epitome of ludicrous but there's a chance a 140-page document trying to sell the idea might end up creeping on someone who's not paying due diligence and not really interested. We'll see how it goes and I gotta commend their defense for really putting their all on this but at the same time it's a desperation move when they're going all-out on a TCPA in the hopes that it will make what's obviously a serious lawsuit go away.

Don't worry, in all likelihood that's exactly what Dominique's children think about her too.

I think it was Viva Frei who made this statement on one of his videos not too long ago. “If your Motion to dismiss is longer than 10-12 pages or so, 20 tops, you have no case and are going to lose it. A 140 page motion to dismiss is seeking to argue the case, not the motion”. I believe he was talking about the WaPo’s downright obscene and incompetent motion to dismiss in the Nick Sandmann Covington Catholic case. But the rule seems sound.
 
Those affidavits are beyond belief: one is from a person saying that Monica Rial (one of the people being sued for defamation and civil conspiracy in this lawsuit) told her that Vic is 100% a bad dude; while the other is from a Funimation employee (one of the parties being sued for defamation and civil conspiracy in this lawsuit) alleging that Vic is 100% a bad dude. Both with zero evidence!

Just like Casey's initial response to the lawsuit, this could just as easily be filed as proof against the parties, it's mind-blowing :lit:

I'll say one thing though for this TCPA motion: they really went all-out with it. For us it's clear this is utter rubbish: seeing 8 different Anime News Network articles being cited as serious evidence is the epitome of ludicrous but there's a chance a 140-page document trying to sell the idea might end up creeping on someone who's not paying due diligence and not really interested. We'll see how it goes and I gotta commend their defense for really putting their all on this but at the same time it's a desperation move when they're going all-out on a TCPA in the hopes that it will make what's obviously a serious lawsuit go away.

Don't worry, in all likelihood that's exactly what Dominique's children think about her too.
This document is really bad, at first glance, I'm only on page two and they are saying they don't have liability because the other defendants are not employees or agents of Funimation... I mean, they kind of are, maybe not Ron but the other two are employees, or am I missing something?
 
This document is really bad, at first glance, I'm only on page two and they are saying they don't have liability because the other defendants are not employees or agents of Funimation... I mean, they kind of are, maybe not Ron but the other two are employees, or am I missing something?
By employees, they are referring to their status as contracted workers. They have no personal allegiance to the VAs, though they function just the same otherwise as actual employees. The legal side behind it is a little wonky because of being in Texas and iirc, Funimation is also legally settled partially in another state unless I'm mistaken.
 
This document is really bad, at first glance, I'm only on page two and they are saying they don't have liability because the other defendants are not employees or agents of Funimation... I mean, they kind of are, maybe not Ron but the other two are employees, or am I missing something?

VA's are technically freelancers and not contracted employees so they will try to use it as a get out clause like what they say has nothing to do with Funimation. It doesn't really matter that Funimation basically strong arms the industry to make sure most VAs have to go through Sabat to get any work. Their whole argument will be that it's an outside issue that Funimation isn't liable for.
 
VA's are technically freelancers and not contracted employees so they will try to use it as a get out clause like what they say has nothing to do with Funimation. It doesn't really matter that Funimation basically strong arms the industry to make sure most VAs have to go through Sabat to get any work. Their whole argument will be that it's an outside issue that Funimation isn't liable for.
In that case wouldn't they be liable for letting a random asshole make claims of authority about their company, that slandered Vic?

I remember seeing a white paper about defamation in Texas that said something along those lines.
 
Never, ever, ever, EVER apologize. To anyone.
I hate how the chucklefucks from KickVic think that unknowingly making "people feel uncomfortable by a hug or a kiss on the cheek or forehead" is now degraded into sexual assault, and they have been pinning this as to why Vic should kill himself and never come back from the anime industry. I don't know how the fuck they are able to victimize themselves to the point of delusion and never told Vic to fuck off because they were "scared".

This is just sickening, and this type of shit gives a giant middle finger to actual victims of any sexual misconduct for all the shits and giggles they tried to pull.
 
VA's are technically freelancers and not contracted employees so they will try to use it as a get out clause like what they say has nothing to do with Funimation. It doesn't really matter that Funimation basically strong arms the industry to make sure most VAs have to go through Sabat to get any work. Their whole argument will be that it's an outside issue that Funimation isn't liable for.
Which adds a chance of this completely backfiring on Funi and having a court decide that they are in fact employees of Funimation. Which would in turn put them on the hook for a lot more things that are unrelated to Vic (because there is a legal difference between hired freelancers and contracted workers).
 
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You should make a timeline thread like this it's sorely needed to keep up
 
I think it was Viva Frei who made this statement on one of his videos not too long ago. “If your Motion to dismiss is longer than 10-12 pages or so, 20 tops, you have no case and are going to lose it. A 140 page motion to dismiss is seeking to argue the case, not the motion”. I believe he was talking about the WaPo’s downright obscene and incompetent motion to dismiss in the Nick Sandmann Covington Catholic case. But the rule seems sound.
It would be more entertaining if Vic filed a 1200 page response which included the entire bible.
 
I think it was Viva Frei who made this statement on one of his videos not too long ago. “If your Motion to dismiss is longer than 10-12 pages or so, 20 tops, you have no case and are going to lose it. A 140 page motion to dismiss is seeking to argue the case, not the motion”. I believe he was talking about the WaPo’s downright obscene and incompetent motion to dismiss in the Nick Sandmann Covington Catholic case. But the rule seems sound.

Yep, I remember that video. Motions to dismiss should be concise and basic. It should point out core problems with the pleading (parts missing, not detailed enough, etc.) or issues with things surrounding the pleading, like lack of jurisdiction or lack of basis in law (not actionable). A TCPA motion is really just a motion to dismiss that will contain particular arguments about how what they said is constitutionally protected free speech, or basically that it's not actionable defamation.
 
Basically, what I'm reading here is that we have another sub par SuperLawyer ... still better than Casey Erick.

Not really. Funi’s Lawyer is likely quite competent. The problem with overly verbose motions to dismiss or Anti-SLAP motions is that if you need to argue your point that much, then chances are it involves a question in dispute that requires the judicial process to resolve. It’s not an absolute, but it is a good guideline that if your motion to dismiss is a small novel, if it requires that much arguing and supporting, then it likely is a legitimate issue for trial. More often than not.
 
Not really. Funi’s Lawyer is likely quite competent. The problem with overly verbose motions to dismiss or Anti-SLAP motions is that if you need to argue your point that much, then chances are it involves a question in dispute that requires the judicial process to resolve. It’s not an absolute, but it is a good guideline that if your motion to dismiss is a small novel, if it requires that much arguing and supporting, then it likely is a legitimate issue for trial. More often than not.


A take from another lawyer on a similar situation.
 
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I'm sorry wut @Svetlana you might need to look into this I am sure these guys got it too especially Nick
 

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