TCPA Hearing 9/6/19 - Marchi ran from the Law, TI crumbles, conspiracy still on the table, and collective autism from all sides.

[AnOminous]

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Gamers Rise Up!

https://twitter.com/Leviticus19_18/status/1170054610091950080

Anyone chimping that hard about motion practice in a civil case needs a sense of perspective.

Clearly not what most people expected, I think.

I wasn't that far off on Monday.

The most likely "perfecta" scenario where I got all my bets right would be conspiracy gets thrown out, MoRon remain in for everything, Funimation remains in for defamation but not TI, Marchi gets out entirely. I don't think any of these things are overwhelmingly likely individually, but that's the most complete scenario I have for all cases as to all parties that is likely to come about entirely like that (at about 20%).

Conspiracy surviving and TI not is what threw me for a loop.

The general scenario where everyone appeals everything isn't.

Unless Hizzoner throws out everything in his written opinion and then the plaintiff gets to appeal immediately instead of at the end of the case.

 

[Random Internet Person]

Vic might won, but we lost. We lost bad. This just prove that the court cannot be rely on to deliver justice for the wrongly accused. Vic doesn't get to the jury. And if 250k GFM can't get Vic a jury, what does it take for ordinary people?

My suggestion: burn it down. Wait for the flames to die. Return and build on the ashes.

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At least this came from a source that understands law terms. It's safe to say that TI got dismissed.

God, Nick sounds defeated.

so I just came back and there's 13 more pages of this. Is there anything worth reading?

No.

Trying to wrap my head around Chupp throwing out judgements so fast and seemingly having a way higher than normal requirement for evidence. This was a TCPA hearing, how the fuck is a plaintiff supposed to give detailed evidence while there's a discovery stay? Oh and lets not forget 2 of the defendants purposely engaged in discovery abuse prior to filing their TCPA.

Between Ty boomering up the affadavits, Chupp denying all of defendant's motions to strike from the Funimation TCPA and Chupp's strange way of handling tweets and needing huge amounts of context I'm going to chalk this all up as a shitshow and a big waste of people's time and money to some extent.

Also, gotta love the judge not counting the 2nd amended complaint but allowing the defendant's supplemental material through despite it being after their TCPA deadline, gotta love how impartial that is.

Also did Chupp/his clerk not bother to look over anything for this case? He asked about what cons dropped Vic after this all started but it was right there in his fucking deposition.

Everyone says the means of civil recourse are SJW hives. Why are you surprised?

 

[Monkey Prick]

Hasn't it always been mentioned that TI is hard to prove in court? The Internet surely has made it easier to identify because morons can't keep their mouths shut and keep their ducks all in a row, but if the court system's still behind on how the Internet works, that was always going to be the most difficult to keep on the table. Also, Stan reinvited Vic back to the con therefore making it moot, but there was no word on the other cons that kept him dropped.

It's worth noting that they invite Vic back with a contract that had a bunch of stipulations attached, such as having Vic set up away from other VAs and having Vic pay out of pocket for additional security. It could be argued that the defendants suceeded in forcing Kameha con to breach their contract and that a new one was negotiated after they were contacted by plaintiff's counsel.

 

[Astro Galactic Megalul]

My first thought is that Chupp can't be arsed with the case (because of the stupid amounts of filings and bickering or whatever) and decided that he didn't want to do what the people of Tarrant County pay him to do.

If anything upsets me about all this, it's that. The fact that everyone is so invested into this, but not the fucking JUDGE, of all people. I honestly can't wrap my head around it. But apparently it's... normal?

 

[Immaculate Ape]

My suggestion: burn it down. Wait for the flames to die. Return and build on the ashes.

God, Nick sounds defeated.

No.

Everyone says the means of civil recourse are SJW hives. Why are you surprised?

Log off already.

 

[Tranny Dick Noballs]

Judge was the deciding factor and it could've gone both ways, who would've thought.

I suppose we'll know soon when Nick gets his hands on the transcripts, but even from his tweet, I get the impression that while he's dissapointed he still thinks the judge was fair. At the end of the day, that's all you want for your complaint to be taken seriously and assessed by a competent legal professional.

While a few emotional posters might be eager to dismiss the Judge as some incompetent, see it from Chupp's point of view. He's not emotionally invested in this. He shouldn't be swayed by bollocks like whether or not Ron is a wife-beater, or whether Marchi likes it up the ass, or that Chris Sabat regularly exercises his hips, none of that is relevant to THIS case.

 

[Fools Idol]

So are the Gamers rising up yet?

They are too busy refreshing pages.

 

[BubbleButt]

My suggestion: burn it down. Wait for the flames to die. Return and build on the ashes.

God, Nick sounds defeated.

No.

Everyone says the means of civil recourse are SJW hives. Why are you surprised?

Dude, go soak your fucking head and chill out at the buffet, seriously.

 

[DragoonSierra]

Unless they were thrown out they're evidence.

Thats the thing they werent thrown out but the judge says he wasnt considering them. Does that mean they are in evidence or not?

 

[Notgoodwithusernames]

So

Looks like my initial read was correct, Chupp was pissed at the forests both sides killed.

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so basically legal social Darwinism focus on the strongest leave the weakest out

 

[feral cat #6385]

God damn it null You got him good.

Yep. I totally Marchiied that. My bad.

Doesn't help my computer refuses to play Twitter videos so couldn't see whatever sperging was going on.

 

[Vampy]

The fact that everyone is so invested into this, but not the fucking JUDGE, of all people. I honestly can't wrap my head around it. But apparently it's... normal?

It's literally just another friday case for the judge.

 

[Moguro Fukuzou]

What have I logged into??

A terrible game of telephone where people aren't waiting to hear what the original message was before getting upset at the end result.

Looks like my initial read was correct, Chupp was pissed at the forests both sides killed.

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I can get where the Judge is coming from looking at all the sperging that must have been in those filings, personally I still feel it clouded his judgement too much. With the stuff that manages to stick hopefully he looks at it with a calmer mindset.

So are the Gamers rising up yet?

You have to wait for the new Joker movie to come out for that.

 

[twistedpuppet]

Looks like my initial read was correct, Chupp was pissed at the forests both sides killed.

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I'm guessing the judge is one of those "Keep It Simple, Stupid" types. They didn't need to add full transcripts of shit. lol

 

[Immaculate Ape]

I fucking wish I could have seen the look on Chupp's face when this happened

 

[fat ugly sped]

Hasn't it always been mentioned that TI is hard to prove in court? The Internet surely has made it easier to identify because morons can't keep their mouths shut and keep their ducks all in a row, but if the court system's still behind on how the Internet works, that was always going to be the most difficult to keep on the table. Also, Stan reinvited Vic back to the con therefore making it moot, but there was no word on the other cons that kept him dropped.

Defamation is usually harder, but they all share a common issue: the third party that the defendants talked with was convinced to breach contract or told damaging information about the plaintiff, so these cases tend to have key witnesses start out hostile. When the accusations are true, the people who have the best information about it are either defendants or non-cooperative witnesses. On top of that, the TCPA often means you have go without the benefit of discovery, which further complicates things.

Also, the re-invitation was under materially different terms, so the TI still caused damages (just lower ones). Overall, though, the TI is a relatively minor part of the case, the defamation is where the bulk of the damages lie. Specifically, Vic's career has a net present value of something like 1 to 5 million dollars (hard to argue less or more, respectively), while the TI cost Vic something like $20k per convention for like 8 conventions or something like that. Defamation is at least 10 times more important than the TI. And of all the defendants, Funimation is the most important one because they're the only one that Vic can collect even a tenth of his claimed damages from.

 

[Monkey Prick]

My first thought is that Chupp can't be arsed with the case (because of the stupid amounts of filings and bickering or whatever) and decided that he didn't want to do what the people of Tarrant County pay him to do.

I do get that impression somewhat, it's a giant dumpster fire filled with massive tomes worth of filings. But it's still his job to at least be in possession of the general facts. Until I've seen the transcript I'm not saying anything else regarding Chupp's handling of this, but it does seem like there's some eyebrow raising rulings and procedure going on.

 

[Yellow Yam Scam]

The Superchats on Nick's next show are gonna be unbearable.

Nick, at 2 AM, drunk and reading like an inner city 9th grader: "Hey Nick my dad just died of a massive hashtag heart attack and the vic case has me so depressed that I might kill myself. can I get a moment of silence for my sister who got brutally raped so I know what A REAL VICTIM is like. Please say this in Macho Man Randy Savage's voice. Hashtag I Stand With Vic."

"Wow. Uh. Sorry to hear that buddy. Mythos Serving says..."

 

[Friend computer]

I fucking wish I could have seen the look on Chupp's face when this happened

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Well, he isn't wrong, I will give him that.

 

[Tranny Dick Noballs]

So are the Gamers rising up yet?

What are we at now? Gamergate 3.0? Is this where the gaymers team up with the abos and the kiwis?

It's literally just another friday case for the judge.

As it should be... his job isn't to please a bunch of emotional children on a forum but to look at the case completely impartially and objectively and thus to rule on it, in accordance with the law. Nothing more, nothing less!