2019-01-20 - Cory Machado: "Retraction Demand and Notice of Potential Legal Action" -

Status
Not open for further replies.

Null

Ooperator
kiwifarms.net
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
Retraction Demand and Notice of Potential Legal Action-1.jpg Retraction Demand and Notice of Potential Legal Action-2.jpg

---

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:

The Manglement

kiwifarms.net
So is this an actual lawyer? Aren't lawyers supposed to do due diligence? Even 15 minutes of cursory inspection will show that this tactic is an incredibly poor idea that will get The Weineresque Lawyer no good results and only infamy.

If I was his client, I would be talking to a real lawyer about bringing charges against this chucklefuck.

Edit: Although, to be fair, this is the first time I've seen a thread in this forum where Null doesn't outright call the guy an exceptional individual or to go fuck themselves, so he's doing better than 99% of the mouthbreathers.
 

AnOminous

I'm not mad at anyone, honest.
True & Honest Fan
Retired Staff
kiwifarms.net
So is this an actual lawyer?
Yes, and apparently not one associated with Internet stupidity up until this point. He is licensed in California and a graduate of the rather well regarded Columbia Law School, an Ivy League school generally considered Top Five.


Seth Wesley Wiener #203747

License Status: Active

Address: 609 Karina Ct, San Ramon, CA 94582

County: Contra Costa County

Phone Number: (925) 828-8648

Fax Number: Not Available

Email:

Law School: Columbia Univ SOL; New York NY
email obfuscated for anti-spam although it is his first and last name and is a Yahoo email address.

Website: http://sethwienerlaw.com
 

Bryan Dunn

KoP & Exceptional Detective @ 2209 E 3rd Ave, FL
True & Honest Fan
kiwifarms.net
Just skimmed the OP of Cory. What a weird case overall. Why did it take 3 years to get this response? I am confused as hell by all this and the dumbass lawyer who thought this was a good idea. Maybe the Cory guy just paid him insane money to write up some bullshit? Who knows.
 

The Manglement

kiwifarms.net
Just skimmed the OP of Cory. What a weird case overall. Why did it take 3 years to get this response? I am confused as hell by all this and the dumbass lawyer who thought this was a good idea. Maybe the Cory guy just paid him insane money to write up some bullshit? Who knows.
Slow-in-the-minds think this is like a regular forum. On an ordinary forum, if you threatened the host with legal action over a dead thread that nobody cares about, they'd just pull the thread because it is dead and nobody cares. On KF you just get called a faggot and then the thread becomes a live thread.
 
Status
Not open for further replies.

About Us

The Kiwi Farms is about eccentric individuals and communities on the Internet. We call them lolcows because they can be milked for amusement or laughs. Our community is bizarrely diverse and spectators are encouraged to join the discussion.

We do not place intrusive ads, host malware, sell data, or run crypto miners with your browser. If you experience these things, you have a virus. If your malware system says otherwise, it is faulty.

Supporting the Forum

How to Help

The Kiwi Farms is constantly attacked by insane people and very expensive to run. It would not be here without community support.

BTC: 1DgS5RfHw7xA82Yxa5BtgZL65ngwSk6bmm
ETH: 0xc1071c60Ae27C8CC3c834E11289205f8F9C78CA5
BAT: 0xc1071c60Ae27C8CC3c834E11289205f8F9C78CA5
LTC: LSZsFCLUreXAZ9oyc9JRUiRwbhkLCsFi4q
XMR: 438fUMciiahbYemDyww6afT1atgqK3tSTX25SEmYknpmenTR6wvXDMeco1ThX2E8gBQgm9eKd1KAtEQvKzNMFrmjJJpiino