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Saturday, December 28, 2019

An interesting perspective

The Big Bear's hate club certainly have a different perspective on defamation:
If they are so right, why are they bothered by Crocko who is so wrong - they would be indifferent or just laugh it off if there was nothing to it...
There is nothing to it. No matter how we react - and notice that we did ignore it for months until events yesterday rendered that impossible - there has never been anything to it. By this bizarrely twisted illogic, people only react to true accusations, against which stands the entire history of written and case law dealing with defamation, slander, and libel. Here is just one recent example disproving the hate club's logic, in this case, from Australia.
Malicious comments on social media can have costly consequences. This was demonstrated in Cables v Winchester [2018] VSC 392. Ms Cables, the owner of multiple McDonald’s franchises, sued Mr Winchester for a series of defamatory comments he posted on the “Everything Albury Wodonga” Facebook page (“the Facebook Page”).

The Court’s Findings

The court found that the posts were defamatory. The Court found that the defamatory posts were published to at least 9,477 people who followed the Facebook page. The Court also noted that as a publicly accessible page, other people who did not ‘follow’ the page or like the page may have seen the publications, and additionally the “grapevine” effect meant it was likely that the publications would have spread further still. The “grapevine” effect  has been described as the realistic recognition by the law that, by the ordinary function of human nature, the dissemination of defamatory material is rarely confined to those to whom the matter is immediately published.

There was direct evidence of damage to Ms Cables’ mental health and wellbeing as well as her professional reputation within the Albury community. The publications even raised the attention of the McDonald’s Head Office in Sydney, who summoned Ms Cables to an urgent meeting. She was told that head office were investigating the allegations made in the publications and that if they were true, she would be required to sell her franchises.

Damages

Ms Cables was awarded damages of $200,000. The Court considered aggravated damages to be appropriate because Mr Winchester published the words solely to injure Ms Cables’ reputation, refused to apologise and did not participate in the trial. What’s more, Mr Winchester encouraged scores of comments which denigrated Ms Cables to be published.
Now, you might reasonably ask, what does Australia have to do with anything? Well, YouTube videos are broadcast there, along with nearly everywhere else, which means that the choice of venue is extremely broad. Unauthorized also has many Australian customers, as it happens. Notice, in particular, that last line about "encouraging scores of comments" and how it relates to ALL of the people who are involved in Unauthorized, which is most certainly not, contrary to the defamatory assertions of Mr. Crocko, a scam of any kind.

Every view and every comment on his videos is just that much more ammunition against the individual in question.

Labels: ,

44 Comments:

Blogger John Adams December 28, 2019 10:46 AM  

Owen was lucky to get introduced to Vox. I've been going through his WDTL podcast backlog and everytime he got deplaformed or slandered in the past, his general response would be to complain about it on the next episode or try to prove how they were being hypocrites, etc (as if the forces of evil ever cared). Now he has a friend who can actually help him counterattack and bring the pain.

Blogger JovianStorm December 28, 2019 11:02 AM  

It is rumored that the God Emperor is psionically sustained by the mental anguish of His enemies.

Blogger Gallant December 28, 2019 11:23 AM  

Aside from winning civilly is - now what? Different jurisdictions vary on how you can enforce a financial judgment against different types of people.

It's generally tricky, fiddly, location-dependent, and a big hassle. That said, with a geographically dispersed network of motivated people at your disposal, there's a much better chance of getting something to happen.

Blogger peacefulposter December 28, 2019 11:29 AM  

Some people like to create and some people like to destroy.

Blogger Kraemer December 28, 2019 11:46 AM  

I'm not sure about the GE but the SDL certainly is. Sometimes I think the VFM and LLoE et al. really just here to collect skulls, not for any political reason

Blogger pdwalker December 28, 2019 11:56 AM  

gamma haters take note: Vox is telling you the potential consequences ahead of time and he’s still giving you the chance to mend your ways.

do you really think you’re smart enough to call his “bluff”?

Blogger Tars Tarkas December 28, 2019 12:09 PM  

Isn't what they are doing defamation per se? They are not just calling you Teddy Spaghetti, they are calling both of you scam artists (where the scam is the failure to deliver one of the many promises and features of UATV). It's retarded on its face, but then nobody ever accused them of being geniuses either. They are publicly accusing BB and VD of scamming their customers. I don't really know if accusing someone of being a scammer rises that level though.

Blogger Dave December 28, 2019 12:11 PM  

refused to apologise and did not participate in the trial

Fascinating case, Vox. This was a default judgement as the defendant didn't even bother to file a defense or show up to court. Hey, maybe if I just ignore this lawsuit it will disappear yeah, that's the ticket!

Also the defendant thought they were being slick by never actually naming Ms Cables in the posts but the court determined Ms Cables was identifiable from other information posted by the defendant.

Blogger Rek. December 28, 2019 12:18 PM  

Just watched crocko's short live stream announcing that he has to work today. He is asking all his supporters to keep him informed about your activity (blog and videos).

What DC doesnt understand is that the issue does not solely revolve around copyright infringement. He is so centered around his 'fair use' argument that he is getting completely blindsided.

Well i guess its too late now. 24h is up.

Blogger Dave December 28, 2019 1:07 PM  

Rek. wrote:Well i guess its too late now. 24h is up.

No, it's not too late. Check the blog post.

Blogger Argus Bacchus December 28, 2019 1:11 PM  

This skinny prepubescent Shapiro doppelganger who shrieks at the sight of 30 lb. dumbbells assumes that UATV subscribers are no more intelligent and experienced than the gamma dumbasses who listen to his asininity.

He's about to find out how wrong he is.

Blogger VD December 28, 2019 1:11 PM  

Isn't what they are doing defamation per se?

Exactly.

Blogger Jay Will December 28, 2019 1:57 PM  

Davey Crock'O

Blogger Argus Bacchus December 28, 2019 2:11 PM  

@13

AKA the 30-year-old virgin.

Blogger furor kek tonicus ( no need to be racist, Ratchets can Karen better than anybody ) December 28, 2019 2:12 PM  

it is a curious feature of Narcissistic personalities that they believe that there should be infinite consequences to everyone else for the merest ( usually imaginary ) slight while their own behavior and statements are beyond critique.

Taylor was like this.

Blogger Jay Will December 28, 2019 2:25 PM  

"Ha! He must be weak he calls himself the Dark Lord"

Its just a film, its just a song, its just a picture, its just a....snap!!!

Blogger Tars Tarkas December 28, 2019 2:26 PM  

I don't know if this counts as an apology, but it is a statement that he dindu nuffin.

https://www.youtube.com/watch?v=iwuPduaArp8

15:42

"...man to man.... I would never fucking do a god damn think like attack your website, be involved with people who would attack your website, want people to attack your website or if I saw someone who was talking about it, condone their actions. I would tell them to get out of my chat or my discord or anything like that if I saw anybody talking about anything like that. That's not for me. I just like making fun of you..." (16:07)

In that video is a clip of Ethan Ralph talking about it, though he didn't really say much and said he had nothing against you.
These gammas are making it about filing false copyright claims because you're butt-burt about them making fun of you.

Blogger VD December 28, 2019 2:44 PM  

I don't know if this counts as an apology, but it is a statement that he dindu nuffin.

That's just him attempting to walk everything back because he suspects, on some level, that I am not bluffing. And, of course, I am not, because we are going to make an example of him pour encourager les autres.

They all profess to believe that we can't do what we have already done. That leaves us no choice but to demonstrate it to them in a manner that no one can deny.

Blogger Ominous Cowherd December 28, 2019 2:52 PM  

Dave wrote:This was a default judgement as the defendant didn't even bother to file a defense or show up to court. Hey, maybe if I just ignore this lawsuit it will disappear yeah, that's the ticket!
If your lawyer tells you you are going to lose, and you're much too big a fool to keep your mouth shut and not infuriate the judge and jury against you, maybe allowing a default judgement is the cheapest, best option.

Blogger Jay Will December 28, 2019 2:53 PM  

I know very little about "A" but here's what I think about "A" anyway.

Blogger wahsatchmo December 28, 2019 2:59 PM  

I hadn't heard of Crocko before. It won't surprise me if I don't hear of him after this episode reaches its conclusion either.

He's put himself in an unwinnable situation. He either has to bank on 1) luck in the legal system which, given that VD has the choice of venue and the Legal Legion, is unlikely or 2) Vox losing interest in a fight. We know that 1) is unlikely; we know that 2) ain't gonna happen. Crocko is the definition of Fragility with his one Youtube presence.

Like Nassim Taleb recently said: the only way to react to a bully is to overreact. A defamer is a wannabe bully, and the internet gives them audience and reach. Unfortunately, that reach puts them in play in the least sympathetic jurisdictions possible.

I see no secret endgame or mysterious scenario here at all. VD has, as always, been quite clear what he will do, how he will do it, and what it would take to avoid it. There aren't any workarounds or alternative authorities to make appeals to. And no second chances.

Blogger Chris Mallory December 28, 2019 3:27 PM  

From the US State Department:

"Enforcement of a Foreign Judgment in the U.S.
Enforcement of judgments issued by foreign courts in the United States is governed by the laws of the states. Enforcement cannot be accomplished by means of letters rogatory in the United States. Under U.S. law, an individual seeking to enforce a foreign judgment, decree or order in this country must file suit before a competent court. The court will determine whether to recognize and enforce the foreign judgment."

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/internl-judicial-asst/Enforcement-of-Judges.html

Blogger Fuzzums Wuzzums December 28, 2019 3:29 PM  

Tars Tarkas wrote:These gammas are making it about filing false copyright claims because you're butt-burt about them making fun of you.

He's looking for allies, he knows he's in trouble. There are a bunch of faux-pas within' the Killstream corner of the internet, one of them being that filing copyright claims is bad. Revenge of the Cis morons allied themselves with the Killstream too because of that copyright claim Owen's channel put on their videos.

These faux-pas' have the same philosophical grounding as microaggressions so looking to Ethan for help just shows how out of his depth he is.

Blogger peacefulposter December 28, 2019 3:36 PM  

VD has, as always, been quite clear what he will do, how he will do it.

Kinda like Babe Ruth calling his shot.

Blogger An Orthodox Christian December 28, 2019 4:08 PM  

Vocab builder of the day: psionically. Mere mortals experience such feelings only vicariously. GEs and SDLs need only apply.

Blogger Scuzzaman December 28, 2019 4:10 PM  

This reminds me of the scene from Independence Day with the hippies dancing on the rooftops as the alien dreadnoughts move into position.

So pregnant with incipient doom it almost deserves an ellipse.

Almost.

Blogger furor kek tonicus ( no need to be racist, Ratchets can Karen better than anybody ) December 28, 2019 4:21 PM  

17. Tars Tarkas December 28, 2019 2:26 PM
I don't know if this counts as an apology, but it is a statement that he dindu nuffin.



which he directly contradicts at the end of the video, 16:42
https://www.youtube.com/watch?v=iwuPduaArp8&feature=youtu.be&t=16m42s

"So yeah, we made him crack guys. Give yourselves a round of applause. The whole Teddy Spaghetti thing didn't even get him to, uh, go this far. He, he didn't even try to shut, shut that down with legal action."

according to his own statement, the goal was to escalate until Vox reacted.

according to his own statement, all previous attempts have failed.

so ... how far did he escalate it? how far did his followers escalate it?

i am amused that this idiot thinks that Spooner is the only legal action Vox could be talking about.

Blogger Jay Will December 28, 2019 5:00 PM  

Get us all in the gamma pit, reality is the last place you want to be so make it the only place. Imagination privileges rescinded!

Blogger Shane Bradman December 28, 2019 5:16 PM  

I am Australian and I am deeply emotionally hurt by Davey's comments. Where do I get my 2
$200,000?

Blogger Laramie Hirsch December 28, 2019 6:41 PM  

@21 wahsatchmo:

"Like Nassim Taleb recently said: the only way to react to a bully is to overreact. A defamer is a wannabe bully, and the internet gives them audience and reach. Unfortunately, that reach puts them in play in the least sympathetic jurisdictions possible."

Do you have a link to where Taleb said this? I want to read more.

I've been watching this hate-mob phenomenon erupt all year by people "on our side." It's insane.

Blogger The CronoLink December 28, 2019 6:59 PM  

Heh, he's streaming about this post right about now

"https://www.youtube.com/watch?v=g05oR2ZS1fc"

His understanding of lawsuits and such is very amusing, to say the least.

Blogger Pathfinderlight December 28, 2019 7:20 PM  

I first ran into the bizarrely twisted logic where people only react to true allegations in high school. It struck me as a form of abuse then because it was someone else trying to argue that I shouldn't be angry about someone lying about me.

Upon reflection, this behavior is consistent with how leftists ignore accusations of racism towards them. Mentally, they figure "of course I'm not racist" and forget about the entire exchange like it didn't happen.

Blogger wahsatchmo December 28, 2019 7:30 PM  

@30

Nassim Taleb tweeted it:

https://twitter.com/nntaleb/status/1210152030968438784

Blogger Kiwi December 28, 2019 7:42 PM  

Today I was reading about the cascade effect of lies/fake news and how they travel faster on social media than truth.

When you can take those negatives and use them as a positive it's like when you're body surfing and you know your wave will get you to the beach, but then out of nowhere a second wave catches it and in a rush of water, foam, and excitement, you human jet to the finish. Enjoy the ride.

Blogger Macs December 28, 2019 8:47 PM  

Don't take it personally Vox, the only views he gets are generated by talking smack about you and BB. It's really a sick form of flattery in a sense!

Blogger Akulkis December 28, 2019 9:17 PM  

Regardless of all that, Max, it's all done in a public forum.
It would be 100% completely different if it were all done in somebody's back yard while drinking beer around a bonfire, and all but forgetting it before they even wake up the next morning.

Instead, it's in publicly accessible recorded form.

Blogger Scott December 29, 2019 1:14 AM  

Proverbs 26:3

"A whip for the horse, a bridle for the ass, and a rod for the fool's back."

God dedicated one book of the Holy Bible to how to deal with Gammas (Proverbs), how to rehabilitate them, and how to prevent your son from becoming one.

God calls them fools. The gamma says in his heart there is no God.

Blogger M Cephas December 29, 2019 3:53 AM  

I tried watching one of those Crocko videos you linked to before, and I couldn't stand listening to the guy for over 30 seconds. His voice gives me the creeps.

Blogger JamesB.BKK December 29, 2019 4:40 AM  

Til then, it's not easy going about with unsatisfied judgments. The google now curates and excludes commentary its people dislike but hosts and enabled the propagation and encouragement of tortious material. Do its lobbied for federal privileges allow this? Is so, should they?

Blogger Storm Rhode December 29, 2019 8:22 AM  

I don't think any of the purged content creators think like Vox. Hence, they appear stupid but it's more of an ignorance issue.

Blogger Avalanche December 29, 2019 2:16 PM  

@21 "the only way to react to a bully is to overreact."

By happenstance, yesterday I watched again the James Damore appearance on Alex Jones with Vox Day! Lovely that both Vox, and James, attributing it TO Vox, say to react to the attack(s) with overwhelming force. And make the rubble bounce.

Damore attributes his awakening, and his successful survival against Google, to "SJWs ALways Lie"! If any of you have not yet read it -- do you not see the oncoming tsunami?

Other than Alex NEVER letting either guest finish a word, it's an excellent interview. I don't know if I believe that Jones did NOT know Vox is known as the Supreme Dark Lord, but ... whatever.

Blogger Avalanche December 29, 2019 2:25 PM  

@40 "don't think any of the purged content creators think like Vox"

The two I know would very much like to take legal action; one is doing so and it's harming his financial situation very deeply: and he has kids and a wife to support. Most people do not have an Evil Legion of Lawyers, including even at least one Rabid Puppy: 'armed' warriors who take on our enemies for the sheer joy of blood on their hands and sinews in their teeth.

Without a pro bono lawyer -- or 27 of them -- most folks only have the option of doing little more than whining and hoping someone somewhere can fix the destruction of our nation. Or, risk their future financial security for the hope that a converged court might actually do what's right. Definite two-edged sword there.

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