[Resolved] Domain Registrar & Epik's Seizure

Should we sue Epik LLC?

  • Yes, I'll chip in.

    Votes: 1,709 55.2%
  • Yes, but I'm broke.

    Votes: 1,220 39.4%
  • No.

    Votes: 79 2.6%
  • No, but I'll chip in regardless.

    Votes: 86 2.8%

  • Total voters
    3,094
I agree with you.

I think it's probably best to detach the fundraising name from kiwi farms in particular ... the broader a coalition and the broader the appeal you can build, the better.

Imo you want to cast a wide net for support for anyone in favor of Internet freedom.


Great that's good info to know. Thank you . I'll have to create a pacer account.

For reference, I think the case we want is the last one on the bottom of your screenshot .... Adkisson v. Epik Holdings Inc ... I believe that's the lawsuit that resulted in the formation of Epik LLC in May 2023
i have links to the case in this post.
ADKISSON V EPIK HOLDINGS (A)
Exhibit A-0 (A)
I think i found an email chain from Rob Monster dated 05/30/23 in Court documents where he theorizes who may be taking over epik?



ADKISSON V EPIK HOLDINGS (A)
Exhibit A-0 (A)
 

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Soon, Kiwis. I have faith.
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Kiwi Funds is funny and rolls off the tongue, but it's less serious than the kinda stuff that's been suggested above that I'm somewhat partial to, like Speak Your Mind or Freedom Fund.

The Super Awesome Freedom Fund. How can you not only not support something good like freedom but also not support something that is super and awesome?
 
I'm in (can probably throw $500 in the pot). Never thought 2024 would start off with some idiot making insanely stupid actionable defamatory claims as a company representative. I voted yes if they don't retract (given how well this company appears to be run, it might be a while). If you decide it isn't worth it - it may still be worth sending a cease and desist or even a retraction demand letter. The obvious win is potential recovery of goodwill, potentially recover damages and/or make future parties think twice about making blatantly defamatory statements.

How I think it'll actually go - retraction of the defamatory claim before the lawsuit is filed, maybe the mysterious investors of Epik LLC wake up and threaten to get rid of the senior management unless they stop their stupidity or they'll settle. Risk there is the investors might be ok with burning piles of money on a cause.

Could also get quite silly. They have no evidence based on the tweet so it could go the electronic document discovery route, given the way they're being run their finances can't be in order so bankruptcy might also happen.

i have links to the case in this post.
Good find, a lot of the documents are on CourtListener as well.
 
I'll preface this by saying I fully expect a ton of rainbows for this, but you're reading the entire situation wrong.

From a logistical standpoint, the case will be tricky, as it involves proving the falsity that KiwiFarms did not host certain information, which would be complicated to explain and likely require the retention of an expert witness if the case does not immediately settle, which further increases costs.

That's not how things work. You don't need to prove your innocence. Epik made matter-of-fact claims that this site hosts CP. Epik would be required to prove those claims, citing chapter, verse, etc. Can't prove those claims? Then it's defamation.

Suing them for it is the legal equivalent of saying "put up or shut up."


What damages are you going to be able to show?

Libel per se assumes malice from the beginning, and does not require the plaintiff to plead or prove damages.

Cornell Law School Legal Information Institute:

Unlike in a traditional action for libel, in an action libel per se, malice is presumed, and damages may be recovered without the plaintiff needing to plead or proving special damages (libel that requires a showing of damages are sometimes referred to as "libel per quod").



Are you willing to settle a case or do you want to take it all the way to trial?

Pretty sure Null's already said that he'd be willing to settle, so long as it involves a full public retraction and clearing of his name by Epik.


Can you afford to lose?

At this point, there is no choice, IMO. If he loses, yes, that could be the end of the Farms. But if he does nothing, the allegations become accepted as "legally true" (even if factually false), he's blacklisted from any/all registrars and hosting, and it's still the end of the Farms.

The question isn't "can you afford to lose" so much as "do you die on your knees, or go out fighting?"


The most important question, I suppose, is what does Null want to achieve and is a lawsuit the best avenue to achieve it?

Pretty sure Null has stated that the main thing he wants to achieve is to clear his name, put other entities on notice that libel against him or this site will not be tolerated, and to have a legal precedent he can point to when further accusations are inevitably made. In my non-lawyer opinion, yes, a lawsuit is the best avenue to achieve this, as the only thing that could make other players think twice about defaming Null or the Farms is a binding legal ruling stating that "you cannot issue false allegations and get away with it."
 
Pretty sure Null has stated that the main thing he wants to achieve is to clear his name, put other entities on notice that libel against him or this site will not be tolerated, and to have a legal precedent he can point to when further accusations are inevitably made.
Without PLing, I know someone who won an IP litigation case. Cost about $460k, in total they only lost about $20k when the case was done after attorney fees (they didnt seek enough damages but doing so could have jeopardized the case). It set precedent, protected the brand, my friend could say he won a federal lawsuit but more importantly was a warning that they were not to be fucked with. A message that said, "We have enough money to put up almost half a mil in escrow, still operate our business and win."
 
I agree, but do we really want to go on record as the "Kiwi Funds"? We're at a crossroads where freedom of expression as a whole is being threatened by private companies and shady, agenda and vendetta-driven individuals who adhere to a By All Means Necessary philosophy at the tier 1 level of the internet.

Kiwi Funds is funny and rolls off the tongue, but it's less serious than the kinda stuff that's been suggested above that I'm somewhat partial to, like Speak Your Mind or Freedom Fund.

If we want a mix of funi and srs I guess we could go with something like 1776 Fund.
Also with a name like "Kiwi Funds" you risk people assuming it is related to New Zealand, you really don't want a mixup like that on a legal fund, I don't think.
 
Why is the racist domain registrar allowing such racist and homophobic websites?!!
I am surprised they allowed it to even go through the initial inquiry.

View attachment 5663110
niggerfaggot.info is a pretty great domain, think of all the info you could disseminate on all kinds of niggerfaggots!
 
niggerfaggot.info is a pretty great domain, think of all the info you could disseminate on all kinds of niggerfaggots!
You wanna see Liz Dong Gone mald so hard he has to grow a beard and comb it over his big square head? Let's raise a few hundred grand for lawsuits directly countering his years long work using the phrase which scares him most. It will send a message to every troon who thinks they can fuck over the forum with impunity: All of your efforts are wasted.
 
What exactly are they even trying to argue or prove here? "Arguing over whether someone is a child or 19 or whatever is absurd" is meaningless, the person in question was over 18, case closed. "It's all disgusting" so does that mean all nudes are disgusting? How many sites does Epik host that contain nudes?
 
Does this mean that whoever runs the Epik account has an account here since they had to get the screenshots from the Prospering Ground for their cp claim?
Either they do, or a lurker here sent them the photos and they posted them without question. Either way, they've fucked up, big time.
 
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