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

[ES 195]

I hate to be that asshole but can I get a quick summary of the hearing? Just got off work and apparently there's a lot of sperging to sift through.
Maybe someone can just update the first page with some bullet points?

 

[indianshedevil]

Since everything involving Vic vs Funimation/Weeb Wars is coming to a close, I will be retiring from the Farms due to my mental and physical health [in an actual yet literal sense, my whole entire body]. I have invested time and effort on this for a long time since March 2019, and it's - in my brutally honest opinion - an overwhelming experience. Since everything has started in the Weeb Wars, I knew I'm putting my own health/body at risk - including myself. Our health - physically and mentally - always comes first. Don't ever ignore it. If you do and end up putting your health and yourself at risk, it would be like you're throwing yourself away. That is what you must avoid. If you have IRL things to take of that do include yourself like family or anything else, then go to it. No one is a slave to any or all machines. Don't ever the negatives and any of the situations like this get the best of you and have it overwhelm you. This have been a long journey for all of us. This perhaps is a goodbye.

 

[Yellow Yam Scam]

Since we're already on the topic of ISWV spergs: Here's the girl that always talks like a roleplayer.

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Zeroresurrected as a bonus.

It's so hard not to rate this post autistic. I'm gonna have to smash my modem to prevent myself from registering 9 additional accounts so I can rate this autistic 9 times. I know this isn't your tweet but holy fuck look at this thing. The whole thing. Lordt.

 

[fat ugly sped]

Hmm....I'm going to be curious about the transcript for this. I hope it wasn't "I don't know" but instead a calculation of all the cons that cancelled this year and times that by 5 (visited every 2 years with career longevity of ~10 years)

That math isn't correct, you're not discounting for the time-value of money. A dollar ten years from now is simply not worth as much as a dollar today. Hell, $1/year indefinitely is only worth approximately $25 (depending on interest rates, but that's a good rough value).

 

[Immaculate Ape]

I hate to be that asshole but can I get a quick summary of the hearing? Just got off work and apparently there's a lot of sperging to sift through.
Maybe someone can just update the first page with some bullet points?

HerExcell on twitter is doing a very solid breakdown right now, if you want it.

 

[Astro Galactic Megalul]

Doubt it, we still have the Appeals arc left at least.

Let's hope this ends better than Bleach

 

[NotaLolyer]

Why are you all so emotionally invested in twitter law? Just remember they all said it wasn’t defamation because of the piece of shit tweet, guess which claim stuck? Yep the one twitter law kept saying wouldn’t.

As for Chupp treating this like an evidentiary hearing and not a TCPA, it sounds like Ty brought up exactly what nick said should be brought up, that Vic’s burden was met, and Chupp overstepped that for what ever reason and it’s all appealable. Twitter sped “lawyer” naturally said it was mumbling because it fits his narrative.

Stop being such newfags

 

[DuckzillA]

Nick needs to stop bringing Ty on the show for a while and tell him to do his job better next time

I think ty and chupp just read the law differently. I think from the start ty was fucked at that hearing because chupp had a totally different agenda, which wasn't what ty and rest of the folks were there for.

 

[ddlloo]

I hate to be that asshole but can I get a quick summary of the hearing? Just got off work and apparently there's a lot of sperging to sift through.
Maybe someone can just update the first page with some bullet points?

The judge walked in with a Goku mask and kept talking about how gay Vic's pants were. Then the defendants clapped and cheered as the judge had the lawyers for the plaintiff , including Nick who he ruled was in fact acting as an attorney for Vic, sent to the guillotine. Then the judge looked at me and I cried.

 

[curious gentoo]

It seems what took us all by surprise was the high standards of evidence needed for what was supposed to be a TCPA hearing. Nobody could have foreseen this, human element and all. I guess we could rail Ty & co for this for not being more careful and watertight with the evidence. At the very least, from what I'm getting it gives good grounds for appeal.

I was a little concerned hearing the judge outright dismiss all objections to Funi's TCPA, despite asking Ty for a checklist of what to strike. I suppose we have our answer as to why now. Way too much work the Judge isn't assed to do.

I think we'll be seeing the Judge's ruling well before the 30 day mark judging by his readiness to dismiss claims in the hearing.

 

[Gaat]

Right, but even so Ty could have looked at the numbers and given an estimate for a year's worth of convention appearances. If defense challenged the validity of the amount, that's a different thing, but he had the material to come up with a convincing number.

I understand getting blindsided by losing the 2nd amended petition, or not being able to rely on the per se damage assumption. But a 1 minute break and some math on a legal pad should have let him recover.

It could have just blindsighted him and it took the minute to get his brain in gear. However that minute cost him

 

[fat ugly sped]

I hate to be that asshole but can I get a quick summary of the hearing? Just got off work and apparently there's a lot of sperging to sift through.
Maybe someone can just update the first page with some bullet points?

Marchi is completely out at TCPA, the tortious interference claims are out at TCPA, the defamation claims are waiting up to 30 days for a written ruling. My gut feeling is that the TI claims are relatively unimportant here because the damages from TI are so low, while the defamation claims are a bigger deal because the damages are high. Like, the defamation claim against Funimation is probably more than 3/4ths of the total damages that could end up getting collected.

 

[Immaculate Ape]

Looks like this was the death of the conspiracy with Funimation here, Judge asserting that even if they WERE employees, it falls outside of the scope that Funimation can control. Which, I disagree with that, considering there's literally a clause in their contracts controlling what they say, but I'm not a Judge.

 

[ES 195]

The judge walked in with a Goku mask and kept talking about how gay Vic's pants were. Then the defendants clapped and cheered as the judge had the lawyers for the plaintiff , including Nick who he ruled was in fact acting as an attorney for Vic, sent to the guillotine. Then the judge looked at me and I cried.

So it went exactly as expected then. Nice.

 

[X Prime]

I can't think of any good reason. They are a full fledged law firm that lives and breathes billable hours. That shit is gonna be drafted up ASAP without the need for an "amended version." The firm mentality is to bill bill bill.

Honestly I suspect that Ty was more focused on his other cases and may have halfassed this one by underestimating Lemoine. I just cannot see a good reason to have risked it by not scrambling to get everything in ASAP.

Which, in a way, is fair, and yet...

 

[Moguro Fukuzou]

I can understand people here wanting to get the latest spergings by lolcows by following all the main actors on twitter but some of you guys seem to get way too invested into twitter fights that barely have any outside engagement. If you're starting to get personally upset and start engaging rather than just archive then maybe just unfollow all them and be better for it.

I check into the thread maybe once or twice a day depending so that I'm up-to-date, never do I use twitter for this stuff and I don't care to find out what some random nobody thinks about the case. Far too much investment and time that could be spent doing literally anything else.

 

[X Prime]

Which, I disagree with that, considering there's literally a clause in their contracts controlling what they say, but I'm not a Judge.

Well, I mean, Ty would have to show that clause in the contract then, no?

 

[Markorian]

Looks like this was the death of the conspiracy with Funimation here, Judge asserting that even if they WERE employees, it falls outside of the scope that Funimation can control. Which, I disagree with that, considering there's literally a clause in their contracts controlling what they say, but I'm not a Judge.

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It sounds to me like the judge had his mind made up before the hearing started, evidence be damned, this was just some minor celebrity suing other minor celebrities over mean tweets, started striking everything at rapid pace, realized there's more evidence than he counted on for defamation, and is going to spend some time trying to draft a reason to strike that too within 30 days that can't be appealed.

 

[Immaculate Ape]

Honestly I suspect that Ty was more focused on his other cases and may have halfassed this one by underestimating Lemoine. I just cannot see a good reason to have risked it by not scrambling to get everything in ASAP.

Which, in a way, is fair, and yet...

To be honest, that is likely what choked his leash with the Judge regarding Ty's attempts to argue that he couldn't get this or that because of the discovery stay. He had time, and he made time to go on Nick's show which seemed to burn some goodwill.

I would bet that Ty just eats crow on the TI and focuses hard on the defamation.

Well, I mean, Ty would have to show that clause in the contract then, no?

There was a contract in the original petition, IIRC. It comes back to Ty being put off-balance to start the hearing, I believe he just hit the wrong marks, and was flustered because of the start of things. It happens.

At the end of the day, he can be thankful the entire case wasn't burned down and move ahead with what he's got, now that the Judge has been making it crystal clear on what standard he expects

 

[10SorrowfulObject]

It seems what took us all by surprise was the high standards of evidence needed for what was supposed to be a TCPA hearing. Nobody could have foreseen this, human element and all. I guess we could rail Ty & co for this for not being more careful and watertight with the evidence. At the very least, from what I'm getting it gives good grounds for appeal.

I disagree. Ty needed to show clear and specific evidence. That means more than "Well Monica and Ron both liked the pic so it's done", it's closer to "Ron and Monica are recorded talking about their plot to lie about it".