Subject: Retraction Demand and Notice of Potential Legal Action
Date: Sat, 19 Jan 2019 14:22:27 -0800
From: "Seth W. Wiener, Esq." <seth@sethwienerlaw.com>
To: <ichverbot@gmail.com>, <josh@jaw.sh>
Mr. Moon,
Please confirm receipt of the attached Retraction Demand and Notice of
Potential Legal Action.
Yours truly,
Seth W. Wiener, Esq.
Law Offices of Seth W. Wiener
609 Karina Court
San Ramon, CA 94582
seth@sethwienerlaw.com
Telephone: (925) 487-5607
www.sethwienerlaw.com
---
Subject: Re: Retraction Demand and Notice of Potential Legal Action
Date: Sun, 20 Jan 2019 08:51:44 +0200
To: "Seth W. Wiener, Esq." <seth@sethwienerlaw.com>
From: Joshua Moon <josh@jaw.sh>
I would like to applaud the sheer audacity of this email. Even though my
site's legal contact information is supplied by the domain and publicly
posted in multiple places throughout the websites, you went out of your
way to find the old information. You've addressed this to the house my
voter registration information is tied to, and used two personal emails
to avoid send it to <legal@kiwifarms.net>. Your intent was to intimidate me.
Your intent with this demand is also very clear. You're threatening me
under California Civil Law, as if I'd ever voluntarily step foot in that
god awful fucking state, not to actually pursue those torts (because I'm
a safe harbor host provided under USC 47 S 230 and you know it), but to
try and intimidate me into doxing one of my users to you so you can pull
the same bullshit seen with this email to try and have them remove their
post on their own (which is something that the user is incapable of
doing; no one can delete their posts on Kiwi Farms).
If you do want to procure information from me, please get a court order
first, though you may find the results disappointing. I'm happy to
inform you the Kiwi Farms does not keep any of the information you're
requesting, nor am I legally required to.
The actual meat of the complaint is also laughably weak. You can't say
saying someone is "like" a stalker is libel. For instance, if I said
Seth W. Wiener, Esq is LIKE a stalker because he tried to find out where
I live to make his shitty legal notice more intimidating, I would be
constitutionally protected in doing so (and also truthful, an absolute
defense).
Prompted by this complaint, I did digging into this energy drink and
found out - oh what a surprise, it's a company with multi-level
marketing that relies on college students and useful idiots (Cory) to
propagate the product and offer "weekly & residual income" to people who
might need it the most. Not only does Google's 3rd suggestion for "Neon
Energy Drink" read "Neon Energy Drink Pyramid Scheme", but the search
turns up other energy drink products dubbed actual pyramid schemes by
the FTC.
<https://nypost.com/2015/08/26/ftc-shuts-vemma-pyramid-scheme-that-used-college-kids/>
Surprise, it's entirely reasonable for a rational person to assume that
this energy drink is a pyramid scheme without reading a post by trusted
author Yellow Man Sam on the proud pillar of journalistic integrity
known as the Kiwi Farms.
On a final note, I advise you look up Barbara Streisand v. the Internet
(2003). It's my favorite case law.
Kind regards,
Joshua Moon
just some fucking guy
---
Thread in question:
https://kiwifarms.net/threads/cory-machado.22158/
Date: Sat, 19 Jan 2019 14:22:27 -0800
From: "Seth W. Wiener, Esq." <seth@sethwienerlaw.com>
To: <ichverbot@gmail.com>, <josh@jaw.sh>
Mr. Moon,
Please confirm receipt of the attached Retraction Demand and Notice of
Potential Legal Action.
Yours truly,
Seth W. Wiener, Esq.
Law Offices of Seth W. Wiener
609 Karina Court
San Ramon, CA 94582
seth@sethwienerlaw.com
Telephone: (925) 487-5607
www.sethwienerlaw.com
---
Subject: Re: Retraction Demand and Notice of Potential Legal Action
Date: Sun, 20 Jan 2019 08:51:44 +0200
To: "Seth W. Wiener, Esq." <seth@sethwienerlaw.com>
From: Joshua Moon <josh@jaw.sh>
I would like to applaud the sheer audacity of this email. Even though my
site's legal contact information is supplied by the domain and publicly
posted in multiple places throughout the websites, you went out of your
way to find the old information. You've addressed this to the house my
voter registration information is tied to, and used two personal emails
to avoid send it to <legal@kiwifarms.net>. Your intent was to intimidate me.
Your intent with this demand is also very clear. You're threatening me
under California Civil Law, as if I'd ever voluntarily step foot in that
god awful fucking state, not to actually pursue those torts (because I'm
a safe harbor host provided under USC 47 S 230 and you know it), but to
try and intimidate me into doxing one of my users to you so you can pull
the same bullshit seen with this email to try and have them remove their
post on their own (which is something that the user is incapable of
doing; no one can delete their posts on Kiwi Farms).
If you do want to procure information from me, please get a court order
first, though you may find the results disappointing. I'm happy to
inform you the Kiwi Farms does not keep any of the information you're
requesting, nor am I legally required to.
The actual meat of the complaint is also laughably weak. You can't say
saying someone is "like" a stalker is libel. For instance, if I said
Seth W. Wiener, Esq is LIKE a stalker because he tried to find out where
I live to make his shitty legal notice more intimidating, I would be
constitutionally protected in doing so (and also truthful, an absolute
defense).
Prompted by this complaint, I did digging into this energy drink and
found out - oh what a surprise, it's a company with multi-level
marketing that relies on college students and useful idiots (Cory) to
propagate the product and offer "weekly & residual income" to people who
might need it the most. Not only does Google's 3rd suggestion for "Neon
Energy Drink" read "Neon Energy Drink Pyramid Scheme", but the search
turns up other energy drink products dubbed actual pyramid schemes by
the FTC.
<https://nypost.com/2015/08/26/ftc-shuts-vemma-pyramid-scheme-that-used-college-kids/>
Surprise, it's entirely reasonable for a rational person to assume that
this energy drink is a pyramid scheme without reading a post by trusted
author Yellow Man Sam on the proud pillar of journalistic integrity
known as the Kiwi Farms.
On a final note, I advise you look up Barbara Streisand v. the Internet
(2003). It's my favorite case law.
Kind regards,
Joshua Moon
just some fucking guy
---
Thread in question:
https://kiwifarms.net/threads/cory-machado.22158/
Last edited:
