Scott Alan Malcomson / Roy Calbeck / Pointed Commentary / Roy Kerensky - Burned Fur, AltFurry, MLP fanfic author, ran for Governor of Arizona, is suing IMVU and FurAffinity

[billydero]

It’s hard to take Malcomson as any sort of threat in court, honestly. While he describes the Topps lawsuit as an epic battle my reading of it (given I don’t have Boozy Badgers awesome legal skills - or for that matter, alcoholism) is that is was very perfunctory - fat boy comes in, claims ownership of a IP; judges says no. Fat boy appeals, appeals court says no. End of story.

If IMVU has anything resembling a competent attorney, they will be able to either roll right over him, or just get this case dismissed out right.

It’s also amusing to see how while is he is reviled by the Battletech fans and by generation two and three furries, The creepy old guy/gunny/manchild furfahs seem to love him, even when it’s totally obvious that all he does is blow smoke up their ass. Being that they are furries, they probably like that sensation anyway.

 

[DragoonSierra]

I disagree. I think he has a valid cause of action. FA can kick off anyone it likes. Calling them Nazis is defamation per se, though.

doesnt he have to show that this has harmed him tho?

 

[AnOminous]

It’s hard to take Malcomson as any sort of threat in court, honestly. While he describes the Topps lawsuit as an epic battle my reading of it (given I don’t have Boozy Badgers awesome legal skills - or for that matter, alcoholism) is that is was very perfunctory - fat boy comes in, claims ownership of a IP; judges says no. Fat boy appeals, appeals court says no. End of story.

It went on for four years, from 2008 to 2012 and went to the Ninth Circuit, with Topps represented by three lawyers. This kind of shit isn't cheap. Even if it was all Kevin Landau-tier stuff, that's still expensive.

doesnt he have to show that this has harmed him tho?

No. That's what defamation per se means.

 

[OrsonZedd]

Oh . I saw the dude's name and I thought Scott Malkinson from South Park. Then seeing what he actually looks like...

Spoiler: fuckhuge image

Curl up hair, make him larger, and ta-fucking-daa.

So now I have to wonder if Malcomson has diabetes too.

e

I just came here specifically for someone to say, "I'm Scott Malcomson; I have diabetes."

 

[Image Bank Burglar]

Firefox has a built-in full page screenshot option which helps with FurAffinity.

Spoiler: Screencap

I'm surprised this guy isn't a sovcit on top of everything else, would fit his character perfectly.

 

[Stock Photo James]

Spoiler: Screencap

I

I'm surprised this guy isn't a sovcit on top of everything else, would fit his character perfectly.

can see your avatar there, next to the shout field, might wanna edit that out if you use the account and persona for anything other than lurking.

 

[Uncle Warren]

Spoiler: Screencap

View attachment 455298

I'm surprised this guy isn't a sovcit on top of everything else, would fit his character perfectly.

Haha, birds. But seriously you fucked up

 

[DragoonSierra]

No. That's what defamation per se means.

I meant how it has harmed him, sorry. And the court cant render a monetary judgement if the harm is not quantifiable right?

 

[Image Bank Burglar]

can see your avatar there, next to the shout field, might wanna edit that out if you use the account and persona for anything other than lurking.

Haha, birds. But seriously you fucked up

A lifetime of planning for a single fuckup.

 

[Uncle Warren]

A lifetime of planning for a single fuckup.

No fuck you the birb was cute put it back you faggot.

This is a joke. Srs

 

[Stock Photo James]

A lifetime of planning for a single fuckup.

What a caw-lamity.

 

[Uncle Warren]

What a caw-lamity.

Get the fuck out.

 

[AnOminous]

I meant how it has harmed him, sorry. And the court cant render a monetary judgement if the harm is not quantifiable right?

If you're some depraved furfag who actually gets some income from being a furfag, and why would you be a furfag at this dude's advanced age if being a furfag didn't somehow get you some income from being a furfag, and this strange ban didn't somehow economically affect you, why would you even pursue something like this?

Also even if it isn't defamation per se, I think he could argue it's defamation per quod, that is, that being kicked out of a specific community based on a false accusation of being a Nazi actually did cause him economic harm.

I'm just not a huge fan of lying assholes driving people out of communities based on false accusations that simply disagreeing with them makes you a "Nazi." That term inherently is a claim that you are a sort of criminal against humanity, that you commit actual crimes, and that your entire existence is immoral.

I do not believe this guy is a "Nazi" in any reasonable sense. I think he has an actual claim for defamation. I am sick of idiots thinking they can just call someone a Nazi, as a claim of actual fact, when it's obviously false.

 

[Uncle Warren]

If you're some depraved furfag who actually gets some income from being a furfag, and why would you be a furfag at this dude's advanced age if being a furfag didn't somehow get you some income from being a furfag, and this strange ban didn't somehow economically affect you, why would you even pursue something like this?

Also even if it isn't defamation per se, I think he could argue it's defamation per quod, that is, that being kicked out of a specific community based on a false accusation of being a Nazi actually did cause him economic harm.

I'm just not a huge fan of lying assholes driving people out of communities based on false accusations that simply disagreeing with them makes you a "Nazi." That term inherently is a claim that you are a sort of criminal against humanity, that you commit actual crimes, and that your entire existence is immoral.

I do not believe this guy is a "Nazi" in any reasonable sense. I think he has an actual claim for defamation. I am sick of idiots thinking they can just call someone a Nazi, as a claim of actual fact, when it's obviously false.

Yea but at the same time, it's funny because he's a sperg trying to sue a site that has a ToS that (if I remember right) says they can toss you out for whatever they want.

 

[Golden Compass]

If his lawsuit is reliant on 'they called me a Nazi' I don't see him really getting anywhere with it. Especially considering the above point about their ToS.

 

[totse]

IANAL but if I understand correctly everything that I've heard on the subject, what's in the ToS isn't the end of it. There are rights that can't be signed away and there are other provisions in contracts that may later be invalidated by the court.

Besides, even if they're within their rights to ban a user for any or no reason, there's a separate issue at hand. The defamation is about the statement, isn't it? They didn't make an explicit statement that this guy is a Nazi, but an implicit one in their explanation of the mass ban? I'm not entirely sure how this works but it sounds to me that it's not about what they did, mainly why.

Anyway it's not like I'm saying I think he has a good case or anything, I only know barely enough to be interested in actually knowing, so hit me with the details if you have them

 

[Golden Compass]

I'm not entirely sure how this works but it sounds to me that it's not about what they did, mainly why.

True, but from what I recall the ban was for people who were part of AltFurry. Calbeck is/was(/is? fuck who can keep track anymore) part of it or at least very closely involved with them.

Unless the statement FA gave asserts that all members or AltFurry were neo-Nazis..

 

[AnOminous]

Yea but at the same time, it's funny because he's a sperg trying to sue a site that has a ToS that (if I remember right) says they can toss you out for whatever they want.

That doesn't translate into a license just to claim falsely that you're a Nazi genocidal maniac and permanently destroy your reputation based on these falsehoods.

 

[DragoonSierra]

Spoiler: Screencap

View attachment 455872

I'm surprised this guy isn't a sovcit on top of everything else, would fit his character perfectly.

Isnt he involved with some of the other sovcit alt furries? Also why the fuck do all the annoying right wing furries smoke cigars?

If you're some depraved furfag who actually gets some income from being a furfag, and why would you be a furfag at this dude's advanced age if being a furfag didn't somehow get you some income from being a furfag, and this strange ban didn't somehow economically affect you, why would you even pursue something like this?

Also even if it isn't defamation per se, I think he could argue it's defamation per quod, that is, that being kicked out of a specific community based on a false accusation of being a Nazi actually did cause him economic harm.

I'm just not a huge fan of lying assholes driving people out of communities based on false accusations that simply disagreeing with them makes you a "Nazi." That term inherently is a claim that you are a sort of criminal against humanity, that you commit actual crimes, and that your entire existence is immoral.

I do not believe this guy is a "Nazi" in any reasonable sense. I think he has an actual claim for defamation. I am sick of idiots thinking they can just call someone a Nazi, as a claim of actual fact, when it's obviously false.

You can absolutely claim that being called a Nazi during a mass ban has caused you economic harm considering that Furaffinity is basically the sole place that furries make thier money. But hes going to need to prove that and I dont think that will be easy unless he gets a few people to testify, in which case good luck with that.

 

[Uncle Warren]

That doesn't translate into a license just to claim falsely that you're a Nazi genocidal maniac and permanently destroy your reputation based on these falsehoods.

Yea, but he'd have to prove he suffered a loss due to the fact that he was booted from a furry site for being an ebil nahtzee

Isnt he involved with some of the other sovcit alt furries? Also why the fuck do all the annoying right wing furries smoke cigars?

Cigars give off an appearance of "gruff manly badass"