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

[Dumpster dived waifu]

God, please don't let Marchi win. Please don't let this smug cunt get off.

Just IMAGINE the cunty smugness. More gloating set to Fergy music, more head and balls shit, etc.

PLEASE God...NO...

the worst part of her winning would KV conflating it as vic actually being a rapist.

 

[Allanon]

I don't know why people are so sure Marchi's going to escape. She hasn't revealed any kind of new information they didn't have when they decided to sue. Are you telling me that of the potential round 1 litigants, including Iago who he only chose not to include as a whim, when they only had $100k in their warchest, Ty was like "Hey, why not include Marchi? We'll most likely just be giving her money, but it'll be funny!"

I don't personally think there's any use calculating percentage chance of success with TCPA until the responses are filed, since we're only seeing one side of the argument right now. Except with Monica and Ron's. That one's a crapshow.

 

[Hatoful Dandy]

Switch?

Yeah, hence the name.

 

[Random Internet Person]

the worst part of her winning would KV conflating it as vic actually being a rapist.

If you’re that worried about Marchi, get the archives of her Discord activities to Ty. There was even a part where she confirmed she was in there.

 

[Dumpster dived waifu]

If you’re that worried about Marchi, get the archives of her Discord activities to Ty. There was even a part where she confirmed she was in there.

i wish i was that effective of a snoop, but i have all the sleuthing skills of a drunk racoon

 

[Allanon]

Yeah, hence the name.

Oh, interesting. Makes sense.

If you’re that worried about Marchi, get the archives of her Discord activities to Ty. There was even a part where she confirmed she was in there.

I suspect he already has them, putting Marchi in a worse position, not a better one, than when this started.

 

[Nontransferable]

Are you telling me that of the potential round 1 litigants, including Iago who he only chose not to include as a whim, when they only had $100k in their warchest, Ty was like "Hey, why not include Marchi? We'll most likely just be giving her money, but it'll be funny!"

Not funny, but necessary. That's what Ty said on a recent stream with Nick. He didn't name Marchi, but was probably talking about her. Remember, Marchi wasn't deposed and Ty didn't seem too concerned about that. I think he referred to Ron and Monica as the primary defendants.

 

[Far Queue]

More con stories courtesy of @EriMin.

(link) (archive)

I just hope no one happened to be passing by down below at the time. Kind of reminds me of the story Chunk told to the Fratellis in The Goonies.

 

[Zero Day Defense]

Feels and motivation don't enter into it. The issue is whether, objectively, the plaintiff has stated a cause of action and, particularly, has made out a prima facie case and presented enough evidence to go forward. He need not have acted in good faith and could have, in fact, sued solely because he wants revenge.

There's a difference between wanting revenge and wanting to stifle defendants' practice of the First Amendment. Other than that, that makes sense.

I don't know why people are so sure Marchi's going to escape. She hasn't revealed any kind of new information they didn't have when they decided to sue. Are you telling me that of the potential round 1 litigants, including Iago who he only chose not to include as a whim, when they only had $100k in their warchest, Ty was like "Hey, why not include Marchi? We'll most likely just be giving her money, but it'll be funny!"

I don't personally think there's any use calculating percentage chance of success with TCPA until the responses are filed, since we're only seeing one side of the argument right now. Except with Monica and Ron's. That one's a crapshow.

From the way Vic voiced things in his deposition, I understood that BHBH in particular saw it necessary to invite Marchi to the VIP section of the party, as she was at the (surface-level) epicenter of the controversy along with Rial, Toye, and Funimation.

 

['Tis Dolan]

I don't know why people are so sure Marchi's going to escape. She hasn't revealed any kind of new information they didn't have when they decided to sue. Are you telling me that of the potential round 1 litigants, including Iago who he only chose not to include as a whim, when they only had $100k in their warchest, Ty was like "Hey, why not include Marchi? We'll most likely just be giving her money, but it'll be funny!"

I don't personally think there's any use calculating percentage chance of success with TCPA until the responses are filed, since we're only seeing one side of the argument right now. Except with Monica and Ron's. That one's a crapshow.

she has the best odds, but it's no certainty

 

[Crazedking]

I don't see how she skates considering she was a part of and personally defamed
Vic. And she did it openly on Twitter and behind closed doors in hidden/private 'safe spaces', while BHBH has all the evidence to show that.

Since BHBH has that evidence, that negates the 'frivolous' part the TCPA rests on. Now she can claim that it's not defamation till cows fly with pigs. But that would require a legal finding of fact, unless I am not following the legalese correctly. Thus the TCPA fails because a trial is required to conclude said fact.

If BHBH thought for a moment that they couldn't beat a Marchi TCPA, then I don't think she would have been sued to begin with. As Inquisitor Beard opined "It's literally the first thing we expected them to do."

This was always my opinion on marchie being on the lawsuit. At face value, the case agaisnt her seems weak. Like yeah she called for his head and balls (If you believed your friend was almost raped its almost understandable). Her own story is laughable at best and tainted by "recent event" and what we have seen of the discord she was the one rallying troops to "bury" vic but not exactly enough to go for defamation(in my laymen's opinion). But BHBH must have more on her to have decided to add her to the initial lawsuit. Especially since we know more people are likely to be sued. I wonder what they have on her that hasnt been found by KF or fed to Nick by BHBH.

 

[Allanon]

Not funny, but necessary. That's what Ty said on a recent stream with Nick. He didn't name Marchi, but was probably talking about her. Remember, Marchi wasn't deposed and Ty didn't seem too concerned about that. I think he referred to Ron and Monica as the primary defendants.

So here's my issue with it. Including Marchi allowed Marchi's lawyer to question Vic in depo. Ty didn't depo Marchi. He has to run up a bill not just sitting through the time Marchi's lawyer questioned Vic but in filing a response to her TCPA in the hope of her not getting it. If it's granted what good did suing Marchi do? They didn't get any discovery from her whatsoever, they didn't get to crosscheck her answers with Monica's in deposition, it served no purpose but to lose them money, Now, it would be unfortunate if that's what happens, but I don't see how Ty could look at that possible path and say "We need to sue Marchi", knowing they didn't have enough to keep her in the party when TCPA hit presuming her TCPA was at all competent (which was the assumption until Monica and Ron's insanity).

You might be able to argue about whether any of the potential round 2 defendants were feasible in a round one to replace her, but there's nothing at all saying they needed to have 4 for round one anyway. Marchi has been nothing but a waste of time up until this point (presuming a successful TCPA), so there's no way I can believe that her part in the suit has somehow gone 'according to plan', should she escape. Even if all four TCPAs were granted somehow, the other three have contributed much more to Vic's cause than her with their dog and pony shows, their bad TCPA filings, and the little discovery they turned over.

 

[The Wisdom of Bassets]

This was always my opinion on marchie being on the lawsuit. At face value, the case agaisnt her seems weak. Like yeah she called for his head and balls (If you believed your friend was almost raped its almost understandable). Her own story is laughable at best and tainted by "recent event" and what we have seen of the discord she was the one rallying troops to "bury" vic but not exactly enough to go for defamation(in my laymen's opinion). But BHBH must have more on her to have decided to add her to the initial lawsuit. Especially since we know more people are likely to be sued. I wonder what they have on her that hasnt been found by KF or fed to Nick by BHBH.

I would guess a good amount since being a war/strategist, the last thing Beardus Supremus is gonna do is lay all his cards on the table before the game even begins.

And to beat the TCPA, my understanding as a layman, is that he just has to provide a reason that an actual trial is needed to determine the facts. Well, considering a lot of the evidence they SWORE TO has been gutted outright, that would seem to indicate that frivolous isn't a word one would apply to the facts on the ground already. An actual trial would be needed since to date, the defendants have played all manner of avoidance games RE deposition (I do not recall) and discovery (flat out refusal to provide required info BEFORE the TCPA was filed.

That looks a lot like a trial is needed and that there is something to this whole mess.

 

[Nontransferable]

So here's my issue with it. Including Marchi allowed Marchi's lawyer to question Vic in depo.

You're looking at this with hindsight. In a normal case, she would have filed her TCPA at the start and they never would have gone through the expense of depositions. Ty probably felt that her inclusion was the cost of doing business. Maybe her case is a loser, but it sent a message and we don't know how much of her legal costs will be reimbursed if she wins. Law twitter thinks the defendants will be getting a free ride after they run up the bill, but I'm sure Ty will argue that's not reasonable.

 

[quickthrowaway]

So here's my issue with it. Including Marchi allowed Marchi's lawyer to question Vic in depo. Ty didn't depo Marchi. He has to run up a bill not just sitting through the time Marchi's lawyer questioned Vic but in filing a response to her TCPA in the hope of her not getting it. If it's granted what good did suing Marchi do? They didn't get any discovery from her whatsoever, they didn't get to crosscheck her answers with Monica's in deposition, it served no purpose but to lose them money, Now, it would be unfortunate if that's what happens, but I don't see how Ty could look at that possible path and say "We need to sue Marchi", knowing they didn't have enough to keep her in the party when TCPA hit presuming her TCPA was at all competent (which was the assumption until Monica and Ron's insanity).

You might be able to argue about whether any of the potential round 2 defendants were feasible in a round one to replace her, but there's nothing at all saying they needed to have 4 for round one anyway. Marchi has been nothing but a waste of time up until this point (presuming a successful TCPA), so there's no way I can believe that her part in the suit has somehow gone 'according to plan', should she escape. Even if all four TCPAs were granted somehow, the other three have contributed much more to Vic's cause than her with their dog and pony shows, their bad TCPA filings, and the little discovery they turned over.

I was very amused at her hiding from the black man trying to serve her papers after her talking shit on twitter about wanting to go to court and about Nick's racism.

 

[I can't imagine]

I would guess a good amount since being a war/strategist, the last thing Beardus Supremus is gonna do is lay all his cards on the table before the game even begins.

And to beat the TCPA, my understanding as a layman, is that he just has to provide a reason that an actual trial is needed to determine the facts. Well, considering a lot of the evidence they SWORE TO has been gutted outright, that would seem to indicate that frivolous isn't a word one would apply to the facts on the ground already. An actual trial would be needed since to date, the defendants have played all manner of avoidance games RE deposition (I do not recall) and discovery (flat out refusal to provide required info BEFORE the TCPA was filed.

That looks a lot like a trial is needed and that there is something to this whole mess.

Here's where it gets a little tricky. Marchi's core argument is that there is no prima facie case. To be more specific, her argument is that she only made one statement of fact (the hair-pulling), and that her description of it was factually based upon her own interpretation of events. Since neither party deny he touched her hair, the only issue is whether or not she thought he was pulling it. Basically, her argument is reliant on the notion that Vic has no way to know how she felt about it, and therefore she has a 1st amendment right to say how she felt about it.

It's not the best argument, but it's one that could be seen as reasonable to a judge. Bear in mind, he'll also be ruling on the nonsense that the other parties have for TCPA motions. By comparison, it might cause an involuntary bias.

MoRon lying in depositions doesn't affect Marchi's motion, and their failure to provide discovery doesn't either. I'm pretty sure even her service-dodging won't affect it.

All that being said, this is entirely contingent on Ty having literally nothing else to present in his counter-motion as evidence of a prima facie case. So even if I'd give her a reasonable shot at getting her TCPA motion through based only on her own motion, there still is the counter-motion yet to come. And were I to bet, I'd bet on Ty having something in there that will push it over the edge.

 

[Zero Day Defense]

Basically, her argument is reliant on the notion that Vic has no way to know how she felt about it, and therefore she has a 1st amendment right to say how she felt about it.

She does not, however, have a First Amendment right to say that Vic committed a criminal act where he did no such thing, which she did in saying that she found that Vic committed "simple battery", which is her accusing Vic of "simple battery".

 

[Allanon]

I think it's worth arguing that Jamie's claim is contested. She claims he jerked her head in close so that she couldn't move, whispered something sexual in her ear, and she can't remember exactly how she got away but that it probably involved screaming profanity at him. Vic claims he ran his fingers through her hair and said it was lovely and nothing else happened. At very best she could argue her interpretation of events is that he briefly grabbed her hair in a violent manner, but there's no way to try to say those two scenarios are a matter of perception. If Vic's version of the story is correct, Jamie could only be lying about it, not 'experiencing it differently'.

As Nick demonstrated. Jamie's version of the story requires his arm to be out, then jerk back to press her head up against his shoulder, Vic's version requires his arm to be out and then maybe lightly tug at her hair for a second.

 

[The Wisdom of Bassets]

Here's where it gets a little tricky. Marchi's core argument is that there is no prima facie case. To be more specific, her argument is that she only made one statement of fact (the hair-pulling), and that her description of it was factually based upon her own interpretation of events. Since neither party deny he touched her hair, the only issue is whether or not she thought he was pulling it. Basically, her argument is reliant on the notion that Vic has no way to know how she felt about it, and therefore she has a 1st amendment right to say how she felt about it.

It's not the best argument, but it's one that could be seen as reasonable to a judge. Bear in mind, he'll also be ruling on the nonsense that the other parties have for TCPA motions. By comparison, it might cause an involuntary bias.

MoRon lying in depositions doesn't affect Marchi's motion, and their failure to provide discovery doesn't either. I'm pretty sure even her service-dodging won't affect it.

All that being said, this is entirely contingent on Ty having literally nothing else to present in his counter-motion as evidence of a prima facie case. So even if I'd give her a reasonable shot at getting her TCPA motion through based only on her own motion, there still is the counter-motion yet to come. And were I to bet, I'd bet on Ty having something in there that will push it over the edge.

But even if she somehow managed to get around IIRC the law requiring the court to view Vic's version in the best possible light, she is still part of the conspiracy with Moronica and Funi. Her comments online are a significant part of forwarding the collective narrative of Vic being a sexual criminal. Which is why I think she's ultimately screwed.

 

[AnOminous]

You're looking at this with hindsight. In a normal case, she would have filed her TCPA at the start and they never would have gone through the expense of depositions. Ty probably felt that her inclusion was the cost of doing business. Maybe her case is a loser, but it sent a message and we don't know how much of her legal costs will be reimbursed if she wins. Law twitter thinks the defendants will be getting a free ride after they run up the bill, but I'm sure Ty will argue that's not reasonable.

Marchi's lawyer hasn't done any vexatious litigation in terms of running up the bill. So if she wins she probably will get most of her expenses covered including fees, one of the benefits of hiring a competent lawyer who isn't a complete shithead.