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

[Hoss]

If he actually said that in those words that could be appealable just by itself.

That's probably by design honestly.

 

[AGothicNerdChick]

>still
If you are reading this, and you actually watch any these clowns, you better have an ironclad excuse. Maybe you're really addicted to Weeb Wars and need something to drown out your day job. Otherwise, what the fuck? However, there is still hope for you yet! Please stop giving these MundaneMatt-tier tards any views. Rackets can get a little long-winded at times, but he overshadows these dudes whenever he has them on as guests. Watching them solo is like watching paint dry while someone rubs your face with sandpaper.

Using the KF as a source and converting our content to a concise video format is not bad. In fact, it's a tried and true system that a lot of people love. All you need to do is bring the barest modicum of a personality to the table. Some people can't even do that.

To be fair, I think part of what makes youtubers, at least the newer ones so bad is that the guidelines have become so neutered.
So they censor themselves and that can make it hard for any of their personality to shine through at all.
If you depend on youtube for your livelihood, you can't even say 'pedophile' or 'rape' without being demonetized. Even though those things are just unfortunately part of life. So it can even make Youtubers who cover true crime frustrated. Some of them even using code words to get around youtube's fucked algorithms/standards.

Herohei isn't bad but he doesn't curse, he is neutral, levelheaded and very even. He also actually seems to care. For some people that kind of demeanor can be a good thing, but for other people who like more expressiveness this can be seen as boring. Nick doesn't censor himself, isn't apologetic for when he's offensive/politically incorrect and that's a draw for a person like me who gets sick of people who don't say it like it is. I like it when someone's blunt, and I like it better when people don't feel like they're walking on eggshells afraid of saying the 'wrong' thing.

 

[Gar For Archer]

Regardless of how this unfolds, what the real takeaway from this litigation is that all of these idiots lost money and fan appeal because of their ridiculous actions. Monica, Ron, Marchi, even Funimation, which we basically learned has an HR department equivalent to a sack of broken glass. Their reputations are damaged, perhaps beyond repair. Who wants to watch anything voiced by these people anymore?

Generally speaking, normies don’t give two shits. While people who are more into anime than average (e.g. Youtubers and the people who watch them) are pretty negative about CR and Funi, most people don’t actively care where they’re getting their anime from, just that they can watch it when it gets released, in decent quality, in their format of choice, without jumping through hoops trying to pirate/stream it.

It’s the same thing with all the Disney sperging: if you only looked at Youtube and Twitter (e.g. the people who actually care enough to bitch about it) you’d assume that everyone hates Disney now. But the reality is most normal people don’t really keep up on this sort of news, they just consume whatever media Disney (or Funi, or CR) shits out - and if they get bored of it they’ll naturally stop consuming it, it’s never a conscious decision of “Oh, I guess I’m gonna boycott all Disney media now”.

 

[Garm]

Probably an hour late to this, but the Forum Guidelines are fucking based. Oldboy is the best movie of all time. Prove me wrong

Is that what that fucking is? I felt like shit went all Silent Hill all of a sudden.

The problem I have with it is that they act like they are some scoop journalists, and all they are doing is commenting on what has already been learned. If they would just drop pretenses, and go with that, I wouldn't have an issue.

They are useful for the folks that think the Farms will have them throwing "Sieg Hiels" but don't think anything of slumming with weirdo's under an overpass.

 

[AZ 594]

It seems very weird to me that TI got dismissed but not conspiracy, given that the alleged conspiracy was to commit TI, and the judge seems not to understand what a TCPA hearing is, given that he treated it like a trial by allowing the defense to contest the plaintiff's prima facie case and demanded a standard of evidence beyond what the TCPA statute requires. Regardless, anything other than complete dismissal under the TCPA is still a win for Vic. Moronica are still broke and Lemonie is still not going to be paid unless he gets awarded fees. We'll see if that happens.

The filings for the TCPA from both sides seemed like they were arguing their case as if it was in trial rather than making a simple, consice argument about the merits of the case. Who knows, maybe that had something to do with the judge treating this like a trial.

 

[UnKillFill]

Wew boy...

 

[BoingBoingBoi]

First thing I’m saying to Ty if I’m Vic is that if his firm wishes to continue representing me, neither him nor anyone else from BHBH is to go on Nick’s show until the next major milestone. Possibly beyond.

but surely ty's appearances have a positive impact on the gofundme.

personally, i thought that marchi's case would get dismissed, not only because the facts were weak but because sam is a good laywer. if lemoine was representing her, there might have been a different outcome.

the fingerpointing at this point is probably premature. if the judge acted in a clearly appealable way that threw ty for a loop regarding the prima facie vs preponderance of evidence issue, then ty will appeal, and we'll be on to the next chapter. on the other hand, and here's where ty might have miscalculated, just because a prima facie case has a much lower standard than a preponderance of the evidence doesn't mean that you should show up to court with that bare minimum and shrug, saying, "well, this is all we've got until the case moves forward". you should probably aim to overshoot that standard to the best of your abilities with what you've got.

the bottom line is that this process is gonna be very long. hopefully this case was a good wakeup call for people to dial back the intensity and let the spergs sperg themselves till their eyes pop out of their heads.

 

[Violence Jack]

Is that what that fucking is? I felt like shit went all Silent Hill all of a sudden.

It's good. watch it, probably one of the best movies ever made. Then watch the "your movie sucks" review of the american remake with Joe Dale Sue.

Wew boy...

No, Old Boy.

 

[SpiralStars]

That's probably by design honestly.

Wondering this. My most likely theory, assuming these flubs are on purpose (big assumption), Chupp doesn't want a divisive case (see Kavanaugh) in an increasingly polarized electorate that is forming in Texas. If this got media #metoo even minor status he's screwed because one side or the other would make the effort to vote him out. He may want to take the foul and shed this case. Don't blame conspiracy when you can blame self-interest.

 

[LullerDerbyRollin]

You know what? I was being exceptional and spergy in my biasm, but I'm on the farm and need to back seat biasm and stupid goal chasing and focus on the comedy. That said, in regards to comedy this case has become a roller coaster of everyone but the weakest player is exceptional and apparently the judge included. Anyone looked into past cases with Judge Chupp yet?

 

[Pomniman]

Is that what that fucking is? I felt like shit went all Silent Hill all of a sudden.

From what I recall it's in the main character's room where he's imprisoned for several years or something near the beginning of the movie. It's been years since I've watched it though so I could be forgetting some details.

 

[Remove Goat]

I'm not reading 90 pages, anything actually happen?

edit: don't be pretentious feral faggot, you weebs post way too much

 

[Garm]

Here's the main issues.

First off, on the topic of public figure status (even limited purpose): having people in the courtroom doesn't impart that status. If it's, "Well, you had a bunch of people sitting behind you, so you're a LPPF", then that means that anyone could ask their friends to show up, sit behind the other party, and there you go. Or you pay people to show up. In any case, it makes little to no sense.

Second, Judge Chupp decided to ignore that all they have to do is establish a prima facie case for each charge, and instead told Ty, "This is now an evidentiary hearing." That's not how it works, as we all know. In theory, if he could pass this point then he was in good standing; the problem is that to pass that hurdle he'd have had to have discovery, which was stayed by the TCPA, and in fact MoRon played stupid little games to prevent their own discovery. Because of this, it was a burden that Ty would not have been able to meet on everything. What's more, Chupp saying, "I am going to ignore evidence you presented even though there's nothing in the law saying I can do that" speaks volumes about the level of competence. Up until this point I think we all agreed he was a no-nonsense judge and while I agree with that belief still, I also think that he took things too far.

On the second point I think Ty has the best chance of overturning the decisions on appeal. I think he'll also appeal the first part about LPPF status as well because he has nothing to lose at this point. If he can overturn everything, he'll be in a good position to ask that the TCPA do-over he gets be in front of another judge so that Judge Chupp can't take out any bias against him for appealing. In fact, I wouldn't be surprised if the appeals court itself hears the TCPA. That means everything's back on the table, including Marchi.

It's not a complete loss, though we're taking an L right now. That's fine.

What's more, I think the defamation will go forward, since Chupp didn't rule on that just yet. I spoke with a paralegal who is KickVic who was at the hearing, and even she said she couldn't understand Chupp's reasoning for tossing TI when it comes to MoRon, because, and I quote, 'There's no way that anyone can deny those were intended to frighten Chris into doing what they wanted."

Didn't BHBH just add another lawyer to the team? That seems like they are expecting to move forward rather than be stuck.

 

[AZ 594]

It's good. watch it, probably one of the best movies ever made. Then watch the "your movie sucks" review of the american remake with Joe Dale Sue.

100% skip the remake. YMS said enough in his review, it's not worth watching that shit.

Here's another good image for the people who are just now seeing how court cases are handled.

 

[Aharonov]

ITT: people who have learned nothing from the lolsuit case

 

[Tard]

I'm not reading 90 pages, anything actually happen?

Marchi is free
TI is out of the question
MoRon still in for civil conspiracy and defamation
FUNi still in for defamation
We'll get a answer for the TCPA in less than 30 days
J.Dolf showed a slideshow of silly things like photos of trashfires and it pissed Chupp off

 

[ItalianMobStripper]

I'm not reading 90 pages, anything actually happen?

This:
Marchi is out the hook, most charges were dismissed except for:
- MoRonica: Defamation, Civil conspiracy
- Funimation: Defamation
The judge has 30 days from today to make a ruling on those.

 

[Remove Goat]

Marchi is free
TI is out of the question
MoRon still in for civil conspiracy and defamation
FUNi still in for defamation
We'll get a answer for the TCPA in less than 30 days
J.Dolf showed a slideshow of silly things like photos of trashfires and it pissed Chupp off

This:
Marchi is out the hook, most charges were dismissed except for:
- MoRonica: Defamation, Civil conspiracy
- Funimation: Defamation
The judge has 30 days from today to make a ruling on those.

Well that's mildly disappointing. Was hoping something would happen with Marchi after her "What papers?" bullshit.

 

[feral cat #6385]

Tell that to the New England Patriots.

In all seriousness, will there be a TL;DR summary? in the OP soon? I really don't feel like reading through all the sperging since I saw some tard talking about someone about to jump off a bridge or some shit.

Too bad Ty is proving to be more Mike Martz then Bill Belichick.

 

[Soviras]

Maybe I'm the only one, but I honestly think the judge might be trying to set it up for an easy appeal. The judge isn't a newbie who doesn't know the rules, but he still didn't follow the rules, essentially giving Ty a way to appeal it. Why would a judge do that, when they know that's going to get it appealed? The judge might not want to deal with this messy lawsuit, and being replaced because of an appeal and potential bias resulting from it is a fast way out. Not only that, but if Ty does win on appeal, that makes it very hard for the defendants to appeal it again.