Akilah Hughes v. Carl Benjamin (2017)

[Gehenna]

Um, I hate to tell you this, but Sargon going into court and trying to prove he's not a racist may not go as smoothly as you think.

He doesn't need to prove he is not a racist, he needs to prove he is not a Nazi. That is an important difference.
He is not part of any Nazi organization, and in fact has spoken out against them. He does not believe in ethnic supremacy, nor has he traded in such ideas. Nor can Akilah rightfully claim she was merely being hyperbolic, she has uttered the same thing multiple times and made clear she is refering to the man as literally a nazi.

 

[Citation Checking Project]

He doesn't need to prove he is not a racist, he needs to prove he is not a Nazi. That is an important difference.
He is not part of any Nazi organization, and in fact has spoken out against them. He does not believe in ethnic supremacy, nor has he traded in such ideas. Nor can Akilah rightfully claim she was merely being hyperbolic, she has uttered the same thing multiple times and made clear she is refering to the man as literally a nazi.

I'd wait to see what the court rules regarding Mark Waid calling Richard Meyer a white supremacist and having lawyers argue that it's not a statement of fact but an opinion. It's not in the same circuit, but it can tell you what the water temp is like nonetheless. Should fall Q1 2021 iirc.

I'm torn on this. Starting lolsuits is gay, but at the same time, with bitches like that sometimes you have to go on the offensive. That being said we have no indication that Carlgon is considering it do we?

 

[Gehenna]

I'd wait to see what the court rules regarding Mark Waid calling Richard Meyer a white supremacist and having lawyers argue that it's not a statement of fact but an opinion. It's not in the same circuit, but it can tell you what the water temp is like nonetheless. Should fall Q1 2021 iirc.

I'm torn on this. Starting lolsuits is gay, but at the same time, with bitches like that sometimes you have to go on the offensive. That being said we have no indication that Carlgon is considering it do we?

We have no indicator, and unfortunately the Texas lawsuit wouldn't be a good indicator either way. Different laws, different criteria.

 

[Next Task]

I'm torn on this. Starting lolsuits is gay, but at the same time, with bitches like that sometimes you have to go on the offensive.

There's a great number of lolcows who would benefit from someone with a lot of money and time going through and making them either justify or publicly apologise for what they say about other people. So many people have been called "literal Nazis", among other things, based on nothing more than someone doesn't like them and they don't agree about something.

At this point, I don't like Sargon at all, but I like the impunity with which so many people can just call other people whatever the fuck they want even less. We're seeing the same thing with JK Rowling at the moment, where she got a people on Twitter to apologise for essentially calling her a pedophile - and many troons have decided that it's open season on repeating the claim, because she's a TERF so fuck her REEEEEEEE. So yes, I hope Sargon follows through on this woman repeatedly trying to defame him after her suit failed, same as I do with Meyer vs. Waid and Mignona vs. everybody, because these are people who need to learn they can't pick and choose which bits of online are real and which aren't, they have to either let it all go, or take responsibility for their own words as much as they demand of others.

It might seem weird to advocate that from the Farms, but we have a much, much better record (not perfect in any sense, but better) of archiving the evidence to support our claims. We document the behaviour we find objectionable and don't try and get people fired or ruined, plus we keep as much as possible to our own little sandbox, except in extreme cases of sadism with video evidence.

So bring on the lolsuits, I say. We get entertained either way, but there's really people who think their shit doesn't stink who could do with being reminded of the consequences of their actions.

 

[Spectre_06]

She can't have him labeled a public figure, since he is neither a general purpose nor limited purpose public figure

In the United States maybe not, but there's a case that him running for office in the EU parliament makes him one. I think it'd be an uphill battle in the United States court system, but one could argue that his prevalence in the "anti-SJW" sphere alone makes him a limited purpose public figure for the purposes of defamation. Since the defenses would be narrowly tailored for specifically this kind of rhetoric, I could see that passing the bar, so to speak. That being said, I think it's very easy, given her previous statements on the matter, to prove actual malice to get past any type of anti-SLAPP.

Akilah is definitely going to be paying his fees for THIS suit.... Its why her running her mouth off kinda baffles me.She has given him the means to, for very little risk to himself, just hammer her.

1.) We don't know that she's going to be paying the fees, and it's a bit presumptive to assume she will be.

2.) She's running her mouth because she figures she's already lost the lawsuit, and she is probably falling back on her attorneys telling her she's not likely going to be paying his fees because "it rarely happens".

 

[Gehenna]

1.) We don't know that she's going to be paying the fees, and it's a bit presumptive to assume she will be.

2.) She's running her mouth because she figures she's already lost the lawsuit, and she is probably falling back on her attorneys telling her she's not likely going to be paying his fees because "it rarely happens".

The judge signaled pretty damn clearly to her "This is Fair Use", and her 'offer' was absolutely flagrant abuse of the system. While it is true it is presumptive, its a presumption based on solid evidence saying "He is very likely to receive them". This is damn near textbook for times that the defendant is meant to see the return of attorneys fees.

 

[AnOminous]

So yes, I hope Sargon follows through on this woman repeatedly trying to defame him after her suit failed, same as I do with Meyer vs. Waid and Mignona vs. everybody, because these are people who need to learn they can't pick and choose which bits of online are real and which aren't, they have to either let it all go, or take responsibility for their own words as much as they demand of others.

He's already financially winning litigation where he was the defendant which almost never happens. He'd have to be a complete fool to get in new litigation when he'll probably never collect on this first judgment, which is what he should focus on.

2.) She's running her mouth because she figures she's already lost the lawsuit, and she is probably falling back on her attorneys telling her she's not likely going to be paying his fees because "it rarely happens".

The judge all but said he'd be granting it. If he wants to fuck with her some dumb defamation suit isn't the way to do it. Going to collection in New York with an actual judgment in hand is how to do it.

 

[DragoonSierra]

Not just out of her own mouth, in writing, in tweets, for the world to see.

Definitely needs a thread.

 

[Gehenna]

The judge all but said he'd be granting it. If he wants to fuck with her some dumb defamation suit isn't the way to do it. Going to collection in New York with an actual judgment in hand is how to do it.

Could you elaborate more on this? I do not understand.

 

[TowinKarz]

Could you elaborate more on this? I do not understand.

Sargon won his case against her for her frivolous copyright infringement claim, a claim so frivolous he asked for and will probably be granted reimbursement of his legal costs to fight it. So he comes out on top in every way, won the case, and didn't even have to pay a cent to do it since the Plaintiff is on the hook for the cost of both attorneys, her's AND his because they essentially wasted everyone's time bringing a garbage case based on "REEEE" and feels instead of the law that says pretty clearly Sargon had Fair Use claims to his using Akilah's material.

Defamation cases are incredibly hard to win, so, there's no reason Sargon would turn this complete win with Akilah humiliated and owing HIM into spending that cash in a losing effort to get more out of her by going on to argue slander for her inability to keep from running her yap.

TL : DR - Sargon has won it all, and should walk out of the casino now before he loses it all by not quitting while ahead. Which he will because he's a grade-A aggitator-cow, but he's not STUPID like Akilah who thinks the law doesn't apply to you if you're woke enough.

 

[Trig.Point]

TL : DR - Sargon has won it all, and should walk out of the casino now before he loses it all by not quitting while ahead. Which he will because he's a grade-A aggitator-cow, but he's not STUPID like Akilah who thinks the law doesn't apply to you if you're woke enough.

Sargon managed to find good lawyers and took their advice, which is more than most people manage to do in court cases.

A legal commentator on YouTube I watch occasional, sung the praises of Sargon's lawyer pointing out that they made the case for having costs awarded against Hughes at an early stage. The intent of the rule for allowing costs was to avoid pointless litigation, warning Hughes that Sargon would seek his costs, was entirely proper, and the court can take that into account. They can also take into account the fact that she fired her first set of lawyers and made numerous public statements about the case making it clear it wasn't about copyright.

Sargon might spend a little bit of money to get a lawyer to look at his prospect of suing Hughes for Slander, maybe fire off a cease and desist letter and get her more in debt to her own lawyers. I don't think he's going to take a legal case he knows he's not going to win.

Though his own costs are covered by his GoFundme... He could use Akilah Hughes own money to sue her! Even if he loses she'll be out another 40k, and he's not lost a penny.

 

[soy_king]

Sargon managed to find good lawyers and took their advice, which is more than most people manage to do in court cases.

A legal commentator on YouTube I watch occasional, sung the praises of Sargon's lawyer pointing out that they made the case for having costs awarded against Hughes at an early stage. The intent of the rule for allowing costs was to avoid pointless litigation, warning Hughes that Sargon would seek his costs, was entirely proper, and the court can take that into account. They can also take into account the fact that she fired her first set of lawyers and made numerous public statements about the case making it clear it wasn't about copyright.

Sargon might spend a little bit of money to get a lawyer to look at his prospect of suing Hughes for Slander, maybe fire off a cease and desist letter and get her more in debt to her own lawyers. I don't think he's going to take a legal case he knows he's not going to win.

Though his own costs are covered by his GoFundme... He could use Akilah Hughes own money to sue her! Even if he loses she'll be out another 40k, and he's not lost a penny.

Better question is what steps Sargon will take to collect? I can totally see Akilah doing everything she can to avoid paying.

 

[AnOminous]

Better question is what steps Sargon will take to collect? I can totally see Akilah doing everything she can to avoid paying.

Depends on how much of an asshole he is and whether he even cares if he makes any money out of collecting. If he wants to torment her and doesn't care about whether he turns a profit, there are all kinds of ways of fucking with someone in collections. He might even be able to get her bankrupt from her dumb bullshit, which would probably get rid of the judgment debt but at the cost of, well, being bankrupt.

 

[soy_king]

Depends on how much of an asshole he is and whether he even cares if he makes any money out of collecting. If he wants to torment her and doesn't care about whether he turns a profit, there are all kinds of ways of fucking with someone in collections. He might even be able to get her bankrupt from her dumb bullshit, which would probably get rid of the judgment debt but at the cost of, well, being bankrupt.

I mean he could be that petty, so I wouldn't put it past him. I'm kinda fascinated how he could accomplish it, since based off my own experience it's an absolute pain in the ass to collect from individuals.

 

[Trigger Me Timbers]

He's already financially winning litigation where he was the defendant which almost never happens. He'd have to be a complete fool to get in new litigation when he'll probably never collect on this first judgment, which is what he should focus on.

This 100%.

the Judge could award Sargon 20 million dollars for defamation. It means fuck all when the defendant has no fucking money. It’s been speculated here and another threads that Akilah has very little money. Her YouTube is dead and she didn’t become a new Democrat spokes person.

if Sargon was to sue, I’m pretty sure Akilah would crowd fund a legal defense fund to “fight against nazis” and akilah would milk every last drop of clout she has smearing Sargon as a Nazi in the process.

Sargon hasn’t has a win since 2017. He should take the win and walk off whiles his hands are clean. counter suing Akilah will not bring back his patron and she could barely afford LA rent let alone paying court fees.

 

[Trig.Point]

I mean he could be that petty, so I wouldn't put it past him. I'm kinda fascinated how he could accomplish it, since based off my own experience it's an absolute pain in the ass to collect from individuals.

Yes, I for one hope he is that petty, I hope he sells the debt to the shadiest collection outfit he can find, and that's she's whinging about this until she's in her 40's.

If she's got assets, then the collection company won't want her to pay straight away, they'll want her to resist so they can bill her $500 everytime they send her a reminder letter.

Simply refusing to pay is a terrible idea, but as she's shown that she's incapable of taking expert advice even when she's paying for it, the prospects are good that this hillarity will go on for years.

Also if she's calling someone a Nazi, and she owes that same Nazi a rather large amount of money, I'm no expert but I wonder how a court would view that in a potential libel action.

Anyway she's got that comedy central money coming in now, and I don't begrudge Sargon a slice of it.

 

[GayestFurryTrash]

Depends on how much of an asshole he is and whether he even cares if he makes any money out of collecting. If he wants to torment her and doesn't care about whether he turns a profit, there are all kinds of ways of fucking with someone in collections. He might even be able to get her bankrupt from her dumb bullshit, which would probably get rid of the judgment debt but at the cost of, well, being bankrupt.

She can join our boi DSP in the bankrupt club.

I honestly hope Sargon goes after the fees and wins more to set a legal precedent to hopefully deter the next mouth breather who wants to try and weaponize the DMCA because their feelings got hurt.

 

[AnOminous]

I honestly hope Sargon goes after the fees and wins more to set a legal precedent to hopefully deter the next mouth breather who wants to try and weaponize the DMCA because their feelings got hurt.

He is. He's already filed the motion. His lawyer told the dumb bitch this was what was coming if she didn't drop this dumb bullshit immediately, from the outset of the case.

 

[TowinKarz]

Also, her latest temper-tantrum-tweets have been added to the motion to find in favor of making her pay Benjamin's attorney's fees.

Full breakdown here:

Akilah says it's all YouTube's fault she didn't win because they didn't support her, Fair Use is too ill-defined, white supremacists don't qualify for free speech protection, and her "life is ruined" because of the trolls and 4channers that came after her online FOR NO REASON because she did NOTHING AT ALL.... oh, and black lives matter and this is killing us....



TL : DR - Chimpout lady doesn't get why she keeps losing every time she chimps out, chimps out some more.....

 

[GayestFurryTrash]

He is. He's already filed the motion. His lawyer told the dumb bitch this was what was coming if she didn't drop this dumb bullshit immediately, from the outset of the case.

Yeah it will still be good to have the result on the books. I hope having a result of a creator suing another maliciously and it ending in an award of fees will help strengthen the legal position of other creators who get put in Sargon’s position in future legal cases.