Kevin Mann v. Encyclopedia Dramatica LLC, et al -

HeyItsHarveyMacClout

Casualty of the Culture War
kiwifarms.net
So the thing that has me about this is that one of the absolute defenses to claims of defamation is the statement being true. Like if I say “Chantal is a big fatty racist and eats 10,000 calories a day” should she decide to sue me saying that what I said was defamation, all I would have to do is turn around and point out 1) she’s fat, 2) by her own admission she’s made racist comments 3) there are many streams of her eating 10,000 calorie meals. Now, I haven’t read the encyclopedia dramatica article nor the lawsuit too closely, but it seems like every instance of defamation he claims comes from legitimate posts that he himself has made. You can’t deny being a pedophile when you have made posts fantasizing about 15 year olds and you can’t deny being a black supremacist when you have stated that African DNA is superior to White DNA.

Now the really funny thing about this isn’t so much that we will probably get a ruling where we will have, enshrined on public record, a judicial opinion that this guy is a pedophile cuck, it’s that there’s a very good chance that this guy will be declared defamation proof. Meaning that this guy is so much of a Lolcow that he’s already sullied his name so much that even when people defame him, his reputation is still in the shitter so he’s not obligated to damages. Now obviously this is a rare thing to happen, but I remember a case about some baseball player who was extremely racist and homophobic on record who then tried to sue one of his teammates for accusing him of being racist and homophobic off the record and it was declared that he had already ruined his name enough that no matter what anyone says, they can’t ruin his name worse than he already has. I’m getting the same vibes from him as I am getting from that case.

As for the intentional interference allegation, people are allowed to talk and discussions about you are allowed to show up on google search results. Same thing goes for public disclosure of private fact. It’s not a private fact if you publically disclosed it and people are just talking about it.

All and all this is definitely getting dismissed. I just can’t believe this guy is about to make it public record that he’s a pedophile
 

StraightShooter2

kiwifarms.net
he's actually done this before and nothing ever came of it. i'd be surprised if anything interesting happened this time.

feels good to see my screen name in a lawsuit though ;^)
I'm pretty sure that it would be protected by the Communications Decency Act (unless he manages to get it overturned in court), meaning he couldn't sue the site/owner; he'd have to track down the people who actually wrote the content.
 

Neil

THE CLEANSE HAS BEGUN
kiwifarms.net
ED's been dead reputation-wise for years now.
Most zoomer kids into internet drama on the twitterz don't even know what the fuck it is anymore or why having an article there is/was even seen as a bad thing now.
Suing them in the Year of our Lord, Two-Thousand and Twenty is such a waste of time.
 

Freya

i wanna go where the down boys go
True & Honest Fan
kiwifarms.net
ED's been dead reputation-wise for years now.
Most zoomer kids into internet drama on the twitterz don't even know what the fuck it is anymore or why having an article there is/was even seen as a bad thing now.
Suing them in the Year of our Lord, Two-Thousand and Twenty is such a waste of time.
didn't know retarded zoomers on twitter were the barometer by which you judge good drama
 

AnOminous

each malted milk ball might be their last
True & Honest Fan
Retired Staff
kiwifarms.net
ED's been dead reputation-wise for years now.
Most zoomer kids into internet drama on the twitterz don't even know what the fuck it is anymore or why having an article there is/was even seen as a bad thing now.
Suing them in the Year of our Lord, Two-Thousand and Twenty is such a waste of time.

It barely even shows up on the first page of Google results for its own name.
 

Neil

THE CLEANSE HAS BEGUN
kiwifarms.net
didn't know retarded zoomers on twitter were the barometer by which you judge good drama
They aren't, but they definitely are a barometer to judge popular drama.

Dumbfuck zoomers are the reason why threads like the Yandev thread are packed to the brim with newfag attention whore alogger middle schoolers trying to plan get-togethers where they wear black face and pickle suits in front of Alex's house, take shits on his front lawn, rape his neighbor's pets, and plant CP, all because of those unfunny deepfake Yandev singing memes and vapid dramatube commentators reading off KF posts they saw on Twitter.

YandereDev isn't even the worst cow the farms have to offer, yet zoom zooms want him dead because he, as all dramafag youtube commentators put it, "can't take criticism", the gravest sin of all.

But I digress, I'll stop going off topic.
 

mindlessobserver

True & Honest Fan
kiwifarms.net
Why are there so many shyster lawyers around willing to bring obviously bullshit cases like this to court?
And why aren't they punished for it?
They're the reason our legal system is so fucking congested.

Gonna disagree. This is not a lolsuit. There are two major tests for a lolsuit. Test 1, "is it in the wrong jurisdiction like Federal Court?" Test 2 is "is it asking for ridiculous sums of money?"

This case fails both the tests so I gotta give it a good read. And what I read are legit causes of action, if the statements are actually false or presented in false light. These lawyers seem to know what they are doing and even if their client may be a moron they are representing him competently. If I was involved in this article about the guy I would sit up and pay attention.
 

Fireman Sam

Sam is the hero next door
kiwifarms.net
ED is making an uh.... official document to send to the court and the google docs allow users to contribute to this document with the intention of shitting up the lolsuit with ridiculous questions and whatnot.
Imagine getting so buttmad at ED, it's literally a trashtalk website where you can make an article about literally anyone for shits and giggles. Mann must have a real sensitive ego but hey ho.
 

I can't imagine

kiwifarms.net
Gonna disagree. This is not a lolsuit. There are two major tests for a lolsuit. Test 1, "is it in the wrong jurisdiction like Federal Court?" Test 2 is "is it asking for ridiculous sums of money?"

This case fails both the tests so I gotta give it a good read. And what I read are legit causes of action, if the statements are actually false or presented in false light. These lawyers seem to know what they are doing and even if their client may be a moron they are representing him competently. If I was involved in this article about the guy I would sit up and pay attention.

Eh, it still has some massive lolsuit vibes. It includes a quote about him using hairplugs, and describes it as portraying him as "unprofessional, engages in unethical or illegal acts, and lacking in professional competence or integrity" (those are quite the hairplugs!). Now, that's because they use literally the same argument for every allegedly defamatory statement made, but still it's pretty hilarious.

His intentional interference claim is based on the idea that the page is on the internet, and people who seek him out might look him up on the internet might see it or a link to it posted on his own YouTube page. Which, granted, I'm not a lawyer, but seems like a stretch to consider that intentional interference.
 

OneHandClapping

OneManSlapping
True & Honest Fan
kiwifarms.net
Eh, it still has some massive lolsuit vibes. It includes a quote about him using hairplugs, and describes it as portraying him as "unprofessional, engages in unethical or illegal acts, and lacking in professional competence or integrity" (those are quite the hairplugs!). Now, that's because they use literally the same argument for every allegedly defamatory statement made, but still it's pretty hilarious.

His intentional interference claim is based on the idea that the page is on the internet, and people who seek him out might look him up on the internet might see it or a link to it posted on his own YouTube page. Which, granted, I'm not a lawyer, but seems like a stretch to consider that intentional interference.
For tortious interference, at least in the states that I've read up on, there needs to be knowledge of a contract and deliberate interference with said contract.

If ED found out he had a contract with a male hair product company, and bombarded the company with links to the page while saying "cancel this guy, he uses HAIR PLUGS!" then maybe you have a case.
 

I can't imagine

kiwifarms.net
For tortious interference, at least in the states that I've read up on, there needs to be knowledge of a contract and deliberate interference with said contract.

If ED found out he had a contract with a male hair product company, and bombarded the company with links to the page while saying "cancel this guy, he uses HAIR PLUGS!" then maybe you have a case.

For Nevada, the criteria for intentional interference with prospective economic advantage are:
  • the plaintiff is likely to enter into a contract with another person or company;
  • the defendant knows about this future contract;
  • the defendant intends to harm the plaintiff by preventing the contract from going forward;
  • the defendant has no legal justification to get involved; and
  • the defendant causes the plaintiff to lose money
So yeah, I don't think there's much of a case on that one.

I'm not really too sure how loosely or strictly Nevada's invasion of privacy torts are adjudicated; since my degree's in Accounting, I spent way more time on contract law in university than stuff like that. Defamation seems...iffy, but defamation cases pretty much always are iffy so that's not saying much.
 

Shaka Brah

Patriotic Ass-Blasting Poster
kiwifarms.net
from memory hes done this around 8 times

he pays a shitty law firm money to send legal documents etc...they fuck him around for a couple of weeks until they tell him that he cant actually sue us for stuff hes said about himself, he disappears for 6 months then the cycle repeats
If that's true it would be a shame. Not having someone willing to go through with it for him means this will just go away. Without a trial and without judicial commentary on the case it's just some guy raving into a local court's records bin.
 

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