"he/they" What the hell do these people have against basic grammar? Christ on a cracker.
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People News Chris Avellone grows a pair and fights back against being cancelled
- Thread starter DarkUnderlord
- Start date
IHaveHugeNick
Arcane
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- Apr 5, 2015
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It's over, the accusers truly have an A-team supporting their cause, an actor/comic/video game journalists/boxer/attorney and a dude who made a mobile game once.
- Joined
- May 29, 2010
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No, this guy: "Ex-computer scientist, now criminal defense & 1A attorney in NC+TX. Host of @fsckemall. Dog lover. #NeverTrump conservative. Proud alum of @NCCU and @NCSt"
Derringer
Prophet
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- Jan 28, 2020
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I don't think bolshevist faggots typing inane bullshit to deflect libel accusations with proof care about that, no.
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- Jan 16, 2018
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Do not underestimate the feminist Whisper network twitter is a hotspot in which social hierarchies are enforced by Gossip all the time. Imagine High-school just apocalyptic in nature. The whole cesspool can enforce the hivemind only through fear of cancellations.
Dexter
Arcane
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- Mar 31, 2011
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- 15,655
Seems like it would be pretty easy to prove "malicious intent" if there's a digital trail of it in those ~60000 Twatter messages saying he doesn't deserve a job, deserves to be run out of the "games industry" and to be brought down? Would be a lot harder if these people were private about their thoughts and wouldn't be living every waking moment on Twatter. Also presumably some of the people named as witnesses, like whoever this "Scott" person is and presumably people who were there at the point of said incident are ready to speak about it?
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DeepOcean
Arcane
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- Nov 8, 2012
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- 7,396
We also supported that developer guy that suicided because Zoe Quinn also made similar bs claims like Karyssa did and of course we support Chris based that we know him, that is pretty self evident, if some random Ubisoft executive was accused of the same, it is hard to care about people that delivered such hits like Just Dance 2020. Also, if Sawyer was accused of the same, despite me hating his frozen in smugness San Francisco face, I would also support him but that would be hard because by the way that dude is... well, if his bike also accuses him of rape on twitter, I will support him.
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- Joined
- Mar 9, 2019
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KörangarTheMighty
Scholar
Anyone making that argument is either a degenerate materialist or a retard. Probably both. There's more in a life than its fucking finances.
Larianshill
Arbiter
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- Feb 16, 2021
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- 1,765
I don't think anyone will care.
Eli_Havelock
Learned
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- Dec 22, 2019
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- 669
That account reads like a career ambulance-chaser. A honking career ambulance-chaser.
Absinthe
Arcane
- Joined
- Jan 6, 2012
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- 4,062
Eh, I looked her up, and found a conspicuous absence of social media accounts, with LinkedIn being the closest thing. No Facebook, no Twitter, no Instagram/whatever. Considering how internet attention whoring is the backbone of SJWism, I tend to rate that as a pretty solid indicator that she is probably not a part of that crowd.
As for Kotario's embedded twitter thread (Link), I am not a lawyer but I've looked at US defamation of character cases before and I have to say Schmeyer comes off as a tool.
First of all, while I strongly expect an anti-SLAPP motion to be filed since it seems to be the kind of "worth a try" activity anyone who has to defend against these suits will attempt on the off chance it succeeds, Chris Avellone obviously has a strong enough case (he has significant real ("special") damages, clear reputational ("general") damage, and clearly hostile character attacks from the defendant that can be pointed to as causing the damage) to make that sort of summary dismissal extremely unlikely unless he proceeds to misbehave so badly in public and in court that the court gets sick of his shit. Not to mention he waited an entire year before suing so the argument that he is just trying to "silence the story" isn't going to be quite as persuasive to the courts since he obviously waited long enough for the entire story to get out there before suing.
The complaint that he shouldn't've filed it in California owing to anti-SLAPP laws is therefore dumb as his case is obviously going to overcome such a motion and because Chris Avellone indeed lives in California and conducts his business in California so he should file it in California instead of engaging in the dubious practice of venue shopping (which most courts tend not to appreciate, and the more you attempt to game the legal system, the less likely the courts are to rule in your favor because it annoys the shit out of them and being an asshole who abuses the legal process is considered an acceptable basis for a judge to screw over your case regardless of its merits - this is why you usually don't want to try playing stupid games with the legal process). Trying to sue elsewhere is much more likely to get him pointed back to California courts over jurisdictional issues and have him end up suing in CA anyway only with the courts being less favorably inclined for the attempted venue-shopping. So this is shitty advice.
He also argues that his lawyer shouldn't be attempting to argue that Chris Avellone is a public figure. The lawyer isn't actually going that far, but it also doesn't matter so much, since actual malice is provable in this case (not only are there tweets from Karissa herself at the time having a distinctly more positive recollection of her interactions with Chris Avellone, lending considerable weight to the notion that she was knowingly lying about what happened, but there is a 2014 tweet of Karissa saying she has no abuse story of her own which Avellone himself cites in his medium article, which makes her retroactive abuse story in 2012 and 2013 also demonstrably deliberate lies and deceptions - provided you can prove that her recent version of events is indeed factually wrong - and you have her publicly delighting in getting Avellone fired from his workplaces) and they are indeed going for proving actual malice. Since the entire problem of being a "public figure" in a defamation of character suit is having to prove the higher standard of actual malice, this isn't really an issue in this case anyway.
Calling Avellone as belonging to the "gaming industry predator garbage pile" might be held as an opinion rather than a statement of fact, but that opinion can still be pointed to as indicating malice on the part of Karissa towards Avellone.
Schmeyer's argument that all Karissa needs to prove is that she was drinking Midori Sours to dispute the filing is also wrong, as you can disprove "on the company dime," "pouncing on her in front of other guys," "doing the same to other girls," and probably more.
This stuff goes on a bit. The part where he ridicules Avellone about literally pleading hurt feelings is also dumb, because things like emotional distress and reputational harm are in fact part of the general damages you can and will seek redress for in a defamation of character lawsuit. It's amazing how as a lawyer this guy doesn't seem to be aware of that fact, and it leads me to suspect that he doesn't actually have expertise in defamation of character lawsuits.
Basically Schmeyer dislikes Avellone and is deliberately trying to find fault with his filing, but that's kind of obvious from his conclusion.
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You're completely proving my point. "I wouldn't support a guy that made shit games" (ubisoft) and "We supported that guy accused by zoe quinn" (political reasons). Exactly, I know that. That's exactly what I said. 95% of people here support Avellone out of reflex, either for political reasons or for a cult of personality. It's nothing to be ashamed of, just don't pretend it's an achievement, lol.
I have that tendency as well, even though I recognize the possibility that Avellone's nigh-alcoholic past erased some thing from his memory. Every time he says "I don't remember any of this" in his post I can't help but think "does he not remember because it didn't happen, or does he not remember because he was drunk out of his mind?"
My skepticism doesn't mean I believe the woman's accounts of the events btw. She's 100% personally motivated and only wants to destroy his life.
Eli_Havelock
Learned
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- Dec 22, 2019
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- 669
Or maybe it's a history of the industry pushing back against "cancel culture" whether it was the Satanic Panic or another religion decades later.
Does ANYONE believe your low-info retardo? Seriously, I gotta know.
Edit: Read their post again to see how it was said they would support even those they didn't care about if the same happened to them, so their position wasn't cult of personality nor was it political. So thanks for proving MY point.
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Tiger
Learned
DeepOcean
Arcane
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- Nov 8, 2012
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- 7,396
And you are just proving your lacking of reading comprehension, it isnt hard to come to the shocking conclusion that a site that likes RPGs care more about people who make RPGs than some random dude we dont know about, what you expect? Lets go talk about the case of Mr. Ubisoft middle manager we never heard about and was too busy making microtransactions to Ass Creed? If MRY, BlackThorne, Pike and all other developer dudes we actually care about suffered the same fate we would be pissed but on your world, caring about someone you actually give a shit is cult of personality.
And, duh, Mr. Obvious, political ideology that says demanding proof of claimed crimes is equal to be a white male supremacist nazi killer of puppies and openly defend trial by mob actually is known of doing: trail by mob and being full of bs crime claims, sure, you totally should trust any stranger that says you are a nazi because you dont believe on their claims, if you dont, you are a nazi out for the blood of the poor SJWs.
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It is something to be ashamed of, but go right ahead and tell yourself that it isn't. If you believe that justice should only come to those you like (or are in your tribe), you are an Animal.
In fact it is the other why around, because your instinct, of course does that, you need to take a step back and give the benefit of the doubt, otherwise we can just go start hanging people again randomly.
EDIT: and don't get me wrong, thats goes for everyone who believes that.
Gruncheon
Savant
- Joined
- Apr 30, 2015
- Messages
- 125
Not an American lawyer, so can't comment on the intricacies of American civil pleading but in my jurisdiction (and I believe this is an pretty frequent feature of common law systems) you typically plead every possible defendant and every possible claim in a lot of different permutations at the outset of a suit. From a plaintiff's perspective, it makes a lot more sense to plead everything at the outset as, if you fail to name the correct defendants or fail to take the correct action at law, the result can be disastrous. So you want to plead every possible defendant, every possible head of liability, and the judge will simply strike out some of these claims as the suit proceeds, which doesn't cost you anything. I would assume that's what's happening here with the agency stuff that this 'Wolf Lawyer' is criticising, and it has very little to do with what is obviously the meat and potatoes of the action (false accusations of sexual misconduct causing reputational damage).
As a more general point, I've learned not to trust twitter lawyers who effect this faux-exasperated argot that's a mixture between Chuck Wendig, Reddit, and a flaccid middle aged white man's idea of what a sassy black teen talks like: "Le sigh, logging onto twitter dot com to see some chucklefuck getting the law on agency ass backwards. That's a yikes from me, y'all. Time to slurp up some coffee (yum) and drop some legal knowledge bombs on all y'alls timelines. Btw, if I were a successful middle-aged game developer, I simply would not sexually harass my (underpaid) female colleagues. But I guess that's just too much to ask in 2021?"
You'll notice in his twitter post that there's a slightly histrionic tone, where he's clearly trying to portray the suit as something so completely ridiculous that no sane person could think that Avellone has a chance. I assume many of us have been following the evidence in Avellone's case as it's emerged and I think it's clear, on even the briefest review of the facts, that these accusation are very flawed. You don't have to subscribe to the idea that these women are just outright lying (though I think that's obviously the case here) to admit that Avellone's case clearly has a certain degree of weight behind it - it's not a crazy or frivolous claim. It's a very persistent pattern with the online left in particular - completely misrepresent the other side's position and ridicule that position as if it were so ridiculous that it deserves no scrutiny. And do it all while pretending that you're oh so aghast at having to even deign to engage with the argument. It's pathetic and, at its core, a very effeminate, faggy way of engaging in conflict.
DeepOcean
Arcane
- Joined
- Nov 8, 2012
- Messages
- 7,396
How can you give the benefit of the doubt if the person that makes the accusation refuses to make a clear point, refuses to use the law and totally depends on mob pressure to silence those who question her?
You don't care about MCA because you like RPGs, you care about MCA because you like him and he posted here, so he's part of your "tribe" and you must defend him no matter what, which is why you also pointed out other RPG-devs that post here. He retired nearly 10 years ago. He has nothing to do with RPGs anymore.
No, immediately believing someone you care about without even questioning anything is a cult of personality.
Ashamed is a heavy word. You shouldn't feel ashamed, but you should reevaluate your thought process because tribalism makes you look like a retard.
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