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

[AnOminous]

He had a $200,000 warchest when this started. That would have been more than enough in my view to conduct a handful of brief, 2-3 hour depositions of key people.

And if they were uncooperative, which why wouldn't they be, why would a Texas court even have jurisdiction over out-of-state third parties? How could they have conceivably purposefully have availed themselves of the Texas forum by simply having contracted some guy who in all likelihood, only moved to Texas some time after he contracted with them, in a defamation case they had nothing to do with?

 

[Felonious Monk]

And if they were uncooperative, which why wouldn't they be, why would a Texas court even have jurisdiction over out-of-state third parties? How could they have conceivably purposefully have availed themselves of the Texas forum by simply having contracted some guy who in all likelihood, only moved to Texas some time after he contracted with them, in a defamation case they had nothing to do with?

A fair question. The fact that Texas doesn't have personal jurisdiction on them is not a deal killer, you just have to domesticate the order from your state in the state they reside in and depose them there. It is more time consuming to depose a foreign party, but it can be done. The process for doing so depends on what state they reside in. Because Vic never actually identified any prospective business relations we can't actually answer this question very meaningfully.

 

[TheClappening]

Something that has always bothered me about the strategy in this case is the excessive focus on KamehaCon. Yes, I do think that is one of the parties they should have conducted more discovery on, but outside of that the damages there were so tiny. The cost of some extra security is not a blockbuster lawsuit. The much, much bigger claim was the prospective claim and the evidence was flatly non-existent.

As for cost: If Vic really thought this was a million dollar lawsuit, then yes, I expect him to pony up for real lawyers to do the hard work of securing pre-trial discovery. These suits are not unwinnable, despite what lawtwitter often says. They do require special handling and they are more expensive to bring as a consequence. He had a $200,000 warchest when this started. That would have been more than enough in my view to conduct a handful of brief, 2-3 hour depositions of key people.

I assume KamehaCon was just to get through the door of TCPA.

Also, how much the damage was isn't the question for pretrial. That's for hired expert witnesses to argue over. The only thing that should have been needed was a showing that some damage had occurred, which Vic testified to in his declaration (being forced to hire a legal team, hiring extra security, being isolated from the main autograph area, etc).

After that, they can compel communications from the defendants to Cons-that-Canceled-Vic X, Y, and Z, and amend as needed.

View attachment 1641644

https://archive.vn/oaFSk

It's also interesting that, at least according to @Svetlana, Armzgurl had already received a C&D.

I keep seeing the wild KV logic leap from my statement of "we spoke to two different firms before hiring Ty" to "two different attorneys told Vic the case was shit."

No.

Attorney #1 (consulted - never actually hired): "You've definitely got a strong case, but you can't afford it."

Attorney #2 (the one who sent a C&D to Saucedo): "I understand your world is burning at Twitter speed. I'll get that motion filed sometime in the next 2 months-ish."

Exactly zero lawyers told us that the case had no merit. Quite the opposite.

 

[Felonious Monk]

I assume KamehaCon was just to get through the door of TCPA.

This would be a very compelling answer if they had not also included Marchi, Funimation, and the cavalcade of weak to disastrous claims against them alongside their substantially stronger KamehaCon claim. If they had pled that claim and no other they would be on the trial docket today rather than on appeal.

 

[LawTwitter is Dumb]

This would be a very compelling answer if they had not also included Marchi, Funimation, and the cavalcade of weak to disastrous claims against them alongside their substantially stronger KamehaCon claim. If they had pled that claim and no other they would be on the trial docket today rather than on appeal.

Nah, they'd still be on appeal, that "TCPA hearing" went Chupps way, NONE of the filings mattered from any side. Chupp had a decision on this case before even looking at any of the filings or hearing any side. How he seemed in the transcripts and from what Ty said about the hearing, Chupp seemed to not want to be there at all, which I can't disagree. You get violated in every way possible when Lemons speaks.

 

[Riku]

Nah, they'd still be on appeal, that "TCPA hearing" went Chupps way, NONE of the filings mattered from any side. Chupp had a decision on this case before even looking at any of the filings or hearing any side.

True, I recall that during one of the hearings he did say how it would all return to him after appeals and asked Ty+Lemsquito how confident they were in appeals (Lemwha wasn't, wonder why LOL), basically confirming what Chuppening did Chupp do once he actually decided to do his job for once, basically getting everyone fees much bigger and slowering all the lawsuit at the same time. No wonder he failed to pursue that promotion he so desired, being this much of a incapable judge.

 

[Laundui_or_douchette?]

This would be a very compelling answer if they had not also included Marchi, Funimation, and the cavalcade of weak to disastrous claims against them alongside their substantially stronger KamehaCon claim. If they had pled that claim and no other they would be on the trial docket today rather than on appeal.

Funimation should definitely have been brought in, as it was their tweet that started the cavalcade of cancellations.

everyone has said that Marchi was a mistake.

 

[Laundui_or_douchette?]

True, I recall that during one of the hearings he did say how it would all return to him after appeals and asked Ty+Lemsquito how confident they were in appeals (Lemwha wasn't, wonder why LOL), basically confirming what Chuppening did Chupp do once he actually decided to do his job for once, basically getting everyone fees much bigger and slowering all the lawsuit at the same time. No wonder he failed to pursue that promotion he so desired, being this much of a incapable judge.

Because every TCPA decision gets appealed. Doesn’t make sense not to appeal.

 

[AnOminous]

Because Vic never actually identified any prospective business relations we can't actually answer this question very meaningfully.

I never saw this as a particularly fruitful avenue for discovery anyway. Who would they depose, just anyone who could conceivably have contracted with him and chose not to? As for the existing cases, the main one that establishes liability for one of the defendants is clearly KamehaCon which is also in Texas. As for any others, they'd have at least two years from discovering any specific breaching party who actually did it as the result of a defendant in the case doing something, i.e. Ron Toye in all likelihood. At the outset of the case, they had no hard, specific evidence that Ron Toye had directly communicated with the others, just suppositions, which would likely be denied in any event even if they traveled out of state at potentially great expense to depose them and, for whatever reason, they didn't fight this tooth and nail (considering that without a deal anything they said could expose them as defendants themselves).

And all this before even filing a complaint, with the full expectation that there would be a TCPA motion immediately filed, and the case could immediately go straight into the trash can. How much of that $200,000 war chest should they have spent not even knowing whether the case could get anywhere, on out of state depositions?

If anything they should have been looking to limit expenses even more than they did, for instance, by seriously considering whether or not it was a good idea even to sue Jamie Marchi at all, as a fairly obvious example. While this shouldn't ever be how a judge thinks, it seems like the fairly obvious insubstantiality of this claim caused Chupp, after he summarily threw this one out (and may even have been correct in doing so), just immediately to discount the others without even looking at them.

As for the other conventions canceling, there are really two tranches of potential liability. One is the fairly weak TIEC/TIPBR route, which is really only strong for KamehaCon where there is very specific evidence Ron Toye directly, deliberately and even explicitly interfered with it in writing. The other, more important route, is that the defamation itself, even in the absence of TI, is what caused Vic's reputation to be so damaged he could suddenly get no work, despite always having been easily able to in the past, and that is something to prove at trial, after discovery.

The whole point of TCPA is to resolve cases before discovery. Perhaps it is standard practice in Texas simply cynically to engage in voluminous and expensive pre-filing discovery to short-circuit this, but is this really the case? If so, bravo, it's a very clever method if you're a big corporation with a nearly unlimited budget.

 

[Zbk3VmLfujjzjxBd43tL]

You hear that guys we're screwed if we mess with Brian cause the critters will come after us. Like after the amount of speds we dealt with like bring it on.

I'm a little late with this but I'll mess with Brian since doxing random people is fun. Challenge accepted, critters, send your lawyers and army of speds at the damn dirty kiwis.

Brian Wayne Foster / brianwfoster
Dox:
4415 W Jacaranda Ave
Burbank, CA 91505
DOB: November 23, 1982

Some guy from Critical Role and a typical wannabe Hollywood/artsy type. His Everypedia page describes how he "has been a student of theology and the human condition for much of his life, and his writings reflect the inner conflict of these two sets of ideas." How deep! He's pretty bog standard as far as this type of person goes, with the expected virtue signalling and TDS on his Twitter, and could be replaced by any other artsy white guy without anyone noticing a difference. He took a potshot at Vic and got the KickVic peanut gallery including Ron Toye all excited. Curiously, he doesn't even have 1,200 tweets in over 11 years on Twitter so either he's not a Twitter addict or he's deleted quite a few tweets in the past.

He lives with his girlfriend, actress Ashley Johnson, in this house in Burbank (archive) which is co-owned by Ashley and her mother Nancy Johnson.

Google Street View:


He is registered in Los Angeles County as an independent. Plugging in "Foster", "11/23/1982", and his address into the Los Angeles County voter registration lookup shows us that he's registered to vote at this address listed above (unless some other guy named "Foster" with the same date of birth also lives at a place owned by a woman named Ashley Johnson) and checking the status of his vote-by-mail request shows he has requested a ballot for the election this November. Good for him!

He's totally irrelevant to Weeb Wars but apparently if the damn dirty Vicstan trolls dox Brian, this will awaken the sleeping giant that is his fanbase so in the interest of science let's see what happens.

Random links:
Twitter (archive)
Instagram (archive)
Twitch (archive)
Link to his house (archive)

EDIT: Post with some more interesting information

 

[PorkeyDuck]

https://archive.md/ddxIr

 

[Least Concern]

I tried to find some poetry by this guy; a sample of his book or something. Here's the best I found - on Tumblr (a). Emphasis mine:

A CANDLESTICK AT THE END OF THE WORLD

Blackened White began the same way any great tragedy begins:
With a soul in search of love, and meaning, and to be a part of something bigger than oneself.
Perhaps the most ironic thing about years of being addicted to opiates
is that they were intended to kill pain
and when you aren’t in any physical pain
but you consume 5-10 times the “recommended dose” of pain killers
you begin to find other types of aching to mask
For me, the aching began when my search for love ended
I was toying with a half dozen women who deserved much more than the type of treatment I offered them
Yet they took it, because they saw something in me they liked
And I gave it, because I saw something on them I liked
But you can only wake up in so many strange places before you start to feel the aching
The feeling that you strayed from the path, even if you never knew where the path was leading you
You felt the journey, the chase, the adventure
Life had a purpose and meaning
A dream
But somewhere along the way, I traded my desire for true love and acceptance
for a stranger’s touch
some powdery pills, expensive whiskey
and more than several drives back to my apartment
pounding my fists on the steering wheel
and taking a shower long enough for all the hot water to run out, cursing myself for giving part of me away, again
and taking a part of someone else
The pills helped, for a while…
but eventually…the medicine fails
and we are left with only our broken human condition
and the voice of God.

It continues, if you want to read it.

His Tumblr blog also contains a post which says "Happy Lesbian Visibility Day to literally 100% of my Tumblr followers" (a) (are literally 100% of his Tumblr followers visible lesbians?), teenage lesbians smelling each other part 1 (a), teenage lesbians smelling each other part 2 (a), and… this post (a), which links the George Zimmerman verdict with a character in a Middle Earth video game and Chris Hansen's "To Catch a Predator." I don't know. Maybe he was on opes when he wrote it.

 

[AnOminous]

View attachment 1641982

https://archive.md/ddxIr

View attachment 1641981

What a fucking retard, there's 4 gb of shit that is obviously him and that other RT pest.

 

[Allanon]

Pre-suit discovery is a thing in Texas. Texas Rule of Civil Procedure 202 allows attorneys to seek an order from a court compelling depositions before any suit is filed. Document preservations letters might also have helped, requiring any entities they intended to pursue discovery from to keep copies of relevant records or face sanctions for spoliating evidence. And while discovery is indeed frozen after TCPA is filed it may be lifted, and the standard for doing so isn't particularly high. Ty just didn't ask.

It's purely idiotic to assume that Chupp would have granted such a request. He rejected everything every time there was a request made - or just ignored it entirely - because it was just too much effort for him to actually put any work in. He infamously refused to strike any affidavit for hearsay from the defendants and then refused to even rule on whether the 1st or 2nd petition was live. Ty making such a request would have wasted money, resulted in Chupp either denying it or ignoring the filing entirely, and then put them exactly where they are now. Ty aimed for 'slightly higher than necessary for TCPA' because he was attempting to use the warchest judiciously, considering that there were many more people who needed to be pulled in once they had the discovery to cover it (as Ty said, they were very close to TCPA level for Sabat but decided to leave him out for safety's sake) - his only problem was that Chupp didn't understand the standard and had no interest in doing his job at all.

 

[AnOminous]

It's purely idiotic to assume that Chupp would have granted such a request.

It might not have been with Chupp. And if they actually complied, then it conceivably could have been useful. The only source where I think this could have been an actually good idea is Twitter because they probably would have just turned over everything or put the defendants/witnesses on notice of it, turning it over after some brief period of time if they didn't contest it and present an order from the court or some other relevant court refusing the discovery. Twitter is also big enough they probably are subject to general jurisdiction in any state.

 

[Hotfartz :)]

Christian Bale did voice acting for the English dub of Howl's Moving Castle. Ghibli movies have been dubbed by Disney since at least Spiried Away thanks to John Lasseter's suggestion. They are big budget dubs with celebrities and usually Pixar is involved in one way or the other. They are nothing like the majority of the American anime industry and are basically like American big budget animated movies.

I remember Billy Bob fuckin' Thornton being in one of the Miyazaki movies.

 

[Xenomorphs Are Cute]

He isnt, he is sending them to a catfish... he only thinks he was sending them to an underaged person-

Yeah, but as I said before, Unlike (I think?) Jared, he knows that he was sending it to who he thought was an underage person.

I'm a little late with this but I'll mess with Brian since doxing random people is fun. Challenge accepted, critters, send your lawyers and army of speds at the damn dirty kiwis.

Brian Wayne Foster / brianwfoster
Dox:
4415 W Jacaranda Ave
Burbank, CA 91505
DOB: November 23, 1982
View attachment 1641886
Some guy from Critical Role and a typical wannabe Hollywood/artsy type. His Everypedia page describes how he "has been a student of theology and the human condition for much of his life, and his writings reflect the inner conflict of these two sets of ideas." How deep! He's pretty bog standard as far as this type of person goes, with the expected virtue signalling and TDS on his Twitter, and could be replaced by any other artsy white guy without anyone noticing a difference. He took a potshot at Vic and got the KickVic peanut gallery including Ron Toye all excited. Curiously, he doesn't even have 1,200 tweets in over 11 years on Twitter so either he's not a Twitter addict or he's deleted quite a few tweets in the past.

He lives with his girlfriend, actress Ashley Johnson, in this house in Burbank (archive) which is co-owned by Ashley and her mother Nancy Johnson.

Google Street View:
View attachment 1641892

He is registered in Los Angeles County as an independent. Plugging in "Foster", "11/23/1982", and his address into the Los Angeles County voter registration lookup shows us that he's registered to vote at this address listed above (unless some other guy named "Foster" with the same date of birth also lives at a place owned by a woman named Ashley Johnson) and checking the status of his vote-by-mail request shows he has requested a ballot for the election this November. Good for him!

He's totally irrelevant to Weeb Wars but apparently if the damn dirty Vicstan trolls dox Brian, this will awaken the sleeping giant that is his fanbase so in the interest of science let's see what happens.

Random links:
Twitter (archive)
Instagram (archive)
Twitch (archive)
Link to his house (archive)

EDIT: Post with some more interesting information

THIS is why you don't challenge the farms.

 

[giraffes on coffee]

I remember Billy Bob fuckin' Thornton being in one of the Miyazaki movies.

Princess Mononoke but Disney didn't dub that one... Unless it was under a company they own like Touchstone.

 

[Allanon]

Yeah, but as I said before, Unlike (I think?) Jared, he knows that he was sending it to who he thought was an underage person.

THIS is why you don't challenge the farms.

Euh. Gloating over doxing randos is just cringeworthy. Not because there's anything wrong with doxing, but because it's so easy to do it's like tossing a basket ball into a kid's hoop and then t-posing about it. But maybe that's just me.

 

[Urbanmech]

Princess Mononoke but Disney didn't dub that one... Unless it was under a company they own like Touchstone.

It was Miramax, Disney owned it at the time Mononoke came out.