Lolcow Melinda Leigh Scott & Marshall Castersen - Sue-happy couple. Flat earth conspiracists. Pretending to be Jewish. Believe Kiwi Farms is protected by the Masonic Order. 0-6 on lawsuits. Marshall is dead.

[talk talk talk]

Actually, no you don't

§ 8.01-40. Unauthorized use of name or picture of any person; punitive damages; statute of limitations.​

A. Any person whose name, portrait, or picture is used without having first obtained the written consent of such person, or if dead, of the surviving consort and if none, of the next of kin, or if a minor, the written consent of his or her parent or guardian, for advertising purposes or for the purposes of trade, such persons may maintain a suit in equity against the person, firm, or corporation so using such person's name, portrait, or picture to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use. And if the defendant shall have knowingly used such person's name, portrait or picture in such manner as is forbidden or declared to be unlawful by this chapter, the jury, in its discretion, may award punitive damages.

B. No action shall be commenced under this section more than 20 years after the death of such person.

The only remedy available for an invasion of privacy in Virginia is statutory, [Va.Code § 8.01-40 (1950) as amended]. Virginia has never recognized a common law cause of action for invasion of privacy. Because the Virginia statute is in derogation of the common law, it must be strictly construed. Therefore, plaintiff must satisfy each of the statutory prerequisites, including the requirement that plaintiff's name or likeness be used for purposes of advertising or trade. The interview of Reverend Falwell does not, as a matter of law, qualify as a trade or advertising purpose under the statute. Therefore, plaintiff's invasion of privacy claim must also be dismissed.

Obviously, everything that appears in a magazine is placed with the intention of increasing sales. But if the "purposes of trade" requirement were to be so broadly construed, it would conflict with the limited legislative goal in enacting a statute that creates a cause of action which did not exist at common law. Such an unnecessarily broad construction would likewise intrude on important constitutional freedoms, which guarantee the uninhibited dissemination of ideas.​

Falwell v. Penthouse Intern. Ltd., 521 F.Supp. 1204, 1210 (W.D.Va. 1981).

Play again?

 

[Kosher Salt]

Exactly, for a business. Kiwi Farms is Lolcow, LLC. A business.

Not "for a business," FOR ADVERTISING PURPOSES OR TRADE. "[A] publication which, taken in its entirety, was distributed for use in, or as part of, an advertisement or solicitation for patronage of a particular product or service." Town & Country Props., Inc. v. Riggins, 457 S.E.2d 356, 395 (Va. 1995). Publishing news articles about someone is not using their name "for purposes of trade," even if "everything that appears in [the publication]" was placed there with the intention of increasing sales. Falwell v. Penthouse International, 521 F.Supp 1204, 1210 (Va. 1981).

You're using both without my permission.

And we'll continue to use both your name and picture for the purpose of mocking you and calling you a dumb whore.

 

[Anonymus Fluhre]

Not according to SCOTUS who has rules several times that individual beliefs independent of sects are valid

If that was the case then there wouldn't be any problem with the one sect of Hindu's that perform acts of cannibalism.

Please look up what an LLC is Melinda

 

[TamarYaelBatYah]

that actually mattered news papers in your State wouldn't be able to use photos of anyone or use their names. There's an exception to every rule.
Edit:
https://www.rightofpublicityroadmap.com/law/virginia Learn the law Melinda before you site shit you don't know.

KiwiFarms isn't a newspaper of media outlet. Lolcow, LLC doesn't belong to any journalist association

but whatever, Ill take it up in court

​

The only remedy available for an invasion of privacy in Virginia is statutory, [Va.Code § 8.01-40 (1950) as amended]. Virginia has never recognized a common law cause of action for invasion of privacy. Because the Virginia statute is in derogation of the common law, it must be strictly construed. Therefore, plaintiff must satisfy each of the statutory prerequisites, including the requirement that plaintiff's name or likeness be used for purposes of advertising or trade. The interview of Reverend Falwell does not, as a matter of law, qualify as a trade or advertising purpose under the statute. Therefore, plaintiff's invasion of privacy claim must also be dismissed.​

​

Obviously, everything that appears in a magazine is placed with the intention of increasing sales. But if the "purposes of trade" requirement were to be so broadly construed, it would conflict with the limited legislative goal in enacting a statute that creates a cause of action which did not exist at common law. Such an unnecessarily broad construction would likewise intrude on important constitutional freedoms, which guarantee the uninhibited dissemination of ideas.​

Falwell v. Penthouse Intern. Ltd., 521 F.Supp. 1204, 1210 (W.D.Va. 1981).

Play again?

Not "for a business," FOR ADVERTISING PURPOSES OR TRADE. "[A] publication which, taken in its entirety, was distributed for use in, or as part of, an advertisement or solicitation for patronage of a particular product or service." Town & Country Props., Inc. v. Riggins, 457 S.E.2d 356, 395 (Va. 1995). Publishing news articles about someone is not using their name "for purposes of trade," even if "everything that appears in [the publication]" was placed there with the intention of increasing sales. Falwell v. Penthouse International, 521 F.Supp 1204, 1210 (Va. 1981).

And we'll continue to use both your name and picture for the purpose of mocking you and calling you a dumb whore.

Then I can re-file my Appropriation case in Wise County Circuit Court.

If that was the case then there wouldn't be any problem with the one sect of Hindu's that perform acts of cannibalism.

Please look up what an LLC is Melinda

Look it up yourself, moron

 

[Anonymus Fluhre]

KiwiFarms isn't a newspaper of media outlet. Lolcow, LLC doesn't belong to any journalist association

but whatever, Ill take it up in court






Then I can re-file my Appropriation case in Wise County Circuit Court.





Look it up yourself, moron

I run my own business. Have done so for nearly twenty years. Something you haven't been able to do. I know what an LLC is and how beneficial it is for websites. The only moron in this thread is you. Que @Deadpool to tell you to kill yourself.

 

[Toasty]

I didn't put my full legal name up here at all. You all did that to my profile you lying bitch

I love how enraged you are at me lately. What am I lying about? What would be the big deal anyway? According to you, there is no moral obligation to be truthful on this forum, or does that only apply to you?
But please elaborate, what have I lied about?

 

[redcent]

Exactly, for a business. Kiwi Farms is Lolcow, LLC. A business.

Lol, kiwi farms is a business? Since when? Afaik, it's a collection of autists talking shit for laughs, not a company

Not according to SCOTUS who has rules several times that individual beliefs independent of sects are valid





I haven't mentioned anyone by full name and haven't used anyone's picture

Quit trying to project your evil onto me

So talking about someone behind their back is okay but mentioning someone's name isn't? What, everyone is voldemort now?

You really have a bizarre mind, people wanted to help you with your stalker problem, but you exploded purely for having your name mentioned. WUT.

What a ridiculous rule. Only a fuckwit would expect anyone else without a clue about their faberge egg mind to follow it

There's nothing for me to be held accountable for. Quit trying to project your actions onto me

Yeah there is, that's why thus thread started. You threatened Null. Go read the first post of this thread. Read it and think.

 

[Kosher Salt]

KiwiFarms isn't a newspaper of media outlet. Lolcow, LLC doesn't belong to any journalist association

We don't need to join some special club to have a First Amendment right to talk about you. If we consider your stupidity newsworthy enough to be worth talking about, we can talk about you. End of story.

 

[talk talk talk]

Then I can re-file my Appropriation case in Wise County Circuit Court.

Until ordered otherwise, you can of course file again. But since there is now evidence you are on notice that your claim is barred by Falwell, a Rule 11 motion for sanctions in conjunction with a Rule 12(b)(6) motion to dismiss would be appropriate.

ETA: Completed the second sentence

 

[Useful_Mistake]

Point A was using my name here without my consent, beginning March 13, 2017.

You clearly haven't heard about "Fair Use", and the First Amendment.

Appropriation is a cause of action, you're an idiot

Specific citation please.

§ 8.01-40. Unauthorized use of name or picture of any person; punitive damages; statute of limitations.

for advertising purposes or for the purposes of trade

You are an actual retard. Also, even if this did apply, 4 circuit has agreed on many occations that this does not apply when gathering news, and similar things. We are essentially a news forum/(or close enough to what TV stations do) about you as far as court will be concerned
Falwell v. Flynt, WJLA-TV v. Levin

 

[TamarYaelBatYah]

We don't need to join some special club to have a First Amendment right to talk about you. If we consider your stupidity newsworthy enough to be worth talking about, we can talk about you. End of story.

That's not what the case law says

Until ordered otherwise, you can of course file again. But since there is now evidence you are on notice that your claim is barred by Falwell, a Rule 11 motion for sanctions in conjunction with a Rule 12(b)(6) motion to dismiss.

It's not barred by that case. That case was an INTERVIEW

Lol, kiwi farms is a business? Since when? Afaik, it's a collection of autists talking shit for laughs, not a company

So talking about someone behind their back is okay but mentioning someone's name isn't? What, everyone is voldemort now?

You really have a bizarre mind, people wanted to help you with your stalker problem, but you exploded purely for having your name mentioned. WUT.

What a ridiculous rule. Only a fuckwit would expect anyone else without a clue about their faberge egg mind to follow it





Yeah there is, that's why thus thread started. You threatened Null. Go read the first post of this thread. Read it and think.

You're lying and trying to gaslight. I'm over it. I'll take it up in court.

I run my own business. Have done so for nearly twenty years. Something you haven't been able to do. I know what an LLC is and how beneficial it is for websites. The only moron in this thread is you. Que @Deadpool to tell you to kill yourself.

Oh, congratulations. You dumped your children off on others so you could make money. Here's a trophy for you

 

[Deadpool]

I run my own business. Have done so for nearly twenty years. Something you haven't been able to do. I know what an LLC is and how beneficial it is for websites. The only moron in this thread is you. Que @Deadpool to tell you to kill yourself.

I got your back bud:

@TamarYaelBatYah kill yourself in the slowest, most painful way possible you mindless whore. Bonus points for letting your kids watch, they deserve one good childhood memory.

 

[Useful_Mistake]

Exactly, for a business. Kiwi Farms is Lolcow, LLC. A business.

You are a retard. How are we using your name for "trade" or "commertial purposes"? Or better yet, since your complaint about him doing so in 2017, how did he use you for those reasons?

You're using both without my permission.

Fair Use lets us use whatever. Read up on Fair Use caselaw.

I sure can stop you. I can re-open my Appropriation case in Wise County Circuit Court. They still have jurisdiction over it. Statute of limitations has not expired.

Do it, moron.

KiwiFarms isn't a newspaper of media outlet.

We dont have to be. You have to fit us into "trade" section, which News, TV, Magazines, and all the things that use people's names to increase sales have failed to fall into.

That's not what the case law says

Cite.

Lol, kiwi farms is a business? Since when? Afaik, it's a collection of autists talking shit for laughs, not a company

Lolcow LLC is a buisness(well, it's a LLC, so maybe it counts?)

Edit: Seriously do read up on Fair Use. I could make a porno of nothing but your pictures and it'd fall under Fair Use due to the transformative nature, and implied commentary about your ugliness, or beauty. Specifically read up on Hughes v. Benjamin

While it is a Federal NY case, 4th circuit has on many occations used NY caselaw, and law, to make judgments in VA. For example

There are no decisions of the Virginia courts which construe this statute. This statute is, however, substantially similar to § 51 of the New York Civil Rights Law. This court has looked to the New York courts for guidance in construing the Virginia privacy statute.

Falwell v Flynt Court of Appeals

 

[talk talk talk]

It's not barred by that case. That case was an INTERVIEW

The format isn't relevant to the Falwell court's analysis. In addition, considering the back and forth nature of your interaction with the members of this forum, this is thread has the characteristics of a long-running interview.

A Rule 11 motion would be appropriate.

 

[TamarYaelBatYah]

Anyways, go dance around your pagan trees and keep lying to your children that Santa Clause is real. I'm sure @Toasty here can educate all of you Christians just exactly where your Ch-istmas rituals come from.

My Motion to Compel has been filed. I have no more need to talk to you for investigation.

May YHWH keep cursing you all with the plague of Corona

"Adonai your Elohim will put all these curses on your enemies, on those who hated and persecuted you" (Deut. 30:7)

YHWH hears! I can't wait to see what Elohim has planned next

 

[Useful_Mistake]

My Motion to Compel has been filed.

It will get denied.

I have no more need to talk to you for investigation.

As if you won't soon return

May YHWH keep cursing you all with the plague of Corona

"Adonai your Elohim will put all these curses on your enemies, on those who hated and persecuted you" (Deut. 30:7)

YHWH hears! I can't wait to see what Elohim has planned next

 

[Deadpool]

Anyways, go dance around your pagan trees and keep lying to your children that Santa Clause is real. I'm sure @Toasty here can educate all of you Christians just exactly where your Ch-istmas rituals come from.

My Motion to Compel has been filed. I have no more need to talk to you for investigation.

May YHWH keep cursing you all with the plague of Corona

"Adonai your Elohim will put all these curses on your enemies, on those who hated and persecuted you" (Deut. 30:7)

YHWH hears! I can't wait to see what Elohim has planned next

You enjoy indoctrinating your isolated children, and spreading your retarded paranoia as you neglect them. I'm sure they love not getting to enjoy the holidays because mommy is a pretend jew.

See you in a few days whore. Have fun getting info about me from Null that he doesn't have after your case is dismissed.

I hope your entire family dies of corona as you watch and as the last niglet dies you start to cough. Just remember the disabled one will go first because God has seen to it that he's weak.

 

[Burmese Rice Farmer]

Anyways, go dance around your pagan trees and keep lying to your children that Santa Clause is real. I'm sure @Toasty here can educate all of you Christians just exactly where your Ch-istmas rituals come from.

My Motion to Compel has been filed. I have no more need to talk to you for investigation.

May YHWH keep cursing you all with the plague of Corona

"Adonai your Elohim will put all these curses on your enemies, on those who hated and persecuted you" (Deut. 30:7)

YHWH hears! I can't wait to see what Elohim has planned next

Say that all you like, but I'm sure you're gonna be changing your tune when your family gets rona and half of your kids die from having a woeful lack of real medical care

 

[Scrofula]

It does apply moron. KiwiFarms is a business.

So is the National Law Review and the Washington Post, which you may well end up featured in if you keep up your retarded bullshit.

 

[redcent]

You're lying and trying to gaslight. I'm over it. I'll take it up in court.

I am not lying, and I am not trying to gaslight. What I say isn't to make you feel threatened or legit hurt or confused. This isn't some group of evil men out to scare the shit out of some DV victim. This is a bunch of autists who legit think you are mentally ill and are either concerned or amused.

Everyone was concerned about what they thought was a stalking victim but you exploded, and for what? Now they legit think you're unhinged - not out of some gaslighting tactic, we all seriously believe you're insane.

But if that doesn't satisfy you, what will? If it's proven in court, will that satisfy you? If it's proven without a shadow of a doubt you acted unreasonablly, will that satisfy you?

I think not, because I legit think you are mentally insane