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Author Topic: Enjoy.  (Read 66296 times)

thedungeondelver

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« Reply #45 on: April 10, 2020, 12:22:21 PM »
Quote from: Cave Bear;1126391
I can't say that I'm a fan of Zak Smith, but I also haven't actually seen any evidence of his alleged wrongdoings, and the worst I've personally endured from him has been mild annoyance.
Ettin, however, has been a complete fucking cunt to me, and I know that if I were to ever actually publish my game that him and his little clique would probably hurl hateful, false accusations against myself, and try to get my game canceled. I'm glad he's getting his comeuppance, and I hope that he will learn his lesson.

I agree re: Ettin's general cuntiness but what specifically did he do to you?  

I mean, obviously Australia's laws are such that you could potentially force him to apologize to you :D
THE DELVERS DUNGEON


Mcbobbo sums it up nicely.

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Astrophysicists are reassessing Einsteinian relativity because the 28 billion l

Cave Bear

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« Reply #46 on: April 10, 2020, 12:25:04 PM »
Quote from: thedungeondelver;1126401
I agree re: Ettin's general cuntiness but what specifically did he do to you?  

I mean, obviously Australia's laws are such that you could potentially force him to apologize to you :D


I got banned from rpg.net. Actually, now that I type it out, it's kind of a stupid thing to hold a grudge over years over the fact.
Still, fuck Ettin.

DocJones

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« Reply #47 on: April 10, 2020, 02:08:38 PM »
Quote from: Valatar;1126356
But because I am a functioning adult, I don't repeat other peoples' accusations as fact on public spaces.

Quoted for Truth. +1

World_Warrior

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« Reply #48 on: April 10, 2020, 03:12:15 PM »
Quote from: Godfather Punk;1126376
Was part of the suit that Paul Matijevic had to post the apology on specific sites? And if those sites remove the apology, is Ettin then in default?

This was the case with the lawsuit that The Quartering brought against the Antifa dude that assaulted him. Though it was ordered that BOTH parties submit public apologies. The Quartering receieved an undisclosed amount of money as well.

EOTB

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« Reply #49 on: April 10, 2020, 05:24:39 PM »
An agreement can't bind 3rd parties not part of the agreement.

It is still on his personal twitter feed, and I expect it will remain so for whatever time period was stipulated
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wmarshal

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« Reply #50 on: April 10, 2020, 07:23:15 PM »
Quote from: EOTB;1126415
An agreement can't bind 3rd parties not part of the agreement.

It is still on his personal twitter feed, and I expect it will remain so for whatever time period was stipulated


IANAL, but I think you're correct that these websites can't be bound by the settlement, but Ettin is. If part of that agreement was for him to post those apologies on those websites, but now that they've been memory-holed does would that open things up where Zak can drag Ettin back to court? Zak's claim would be that Ettin didn't fulfill the settlement.

(I have to imagine those postings on those websites were a part of the settlement. I doubt Ettin posted there unless he had to.)

Ettin could perhaps show the court that he had no control over his apologies being removed, but that's still more interaction and costs that Ettin probably wants to avoid. Those websites might not have done Ettin any favors.

EOTB

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« Reply #51 on: April 10, 2020, 07:28:25 PM »
IANL either, but an agreement can't require someone not signing it, or controlled by someone other than a signatory, to perform.  Ettin performed by posting something.  He can't promise something he doesn't control will perform in a particular way.  I'd be very surprised if a lawyer would try to say the settlement was made invalid due to the memory holing.  Which is probably why one posting location stipulated was his own twitter feed, and (I'm guessing) that Ettin wouldn't of his own volition remove/shutter/protect his twitter account for whatever period of time.
A framework for generating local politics

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wmarshal

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« Reply #52 on: April 10, 2020, 07:30:26 PM »
Also, some of those sites reacted very, very quickly in locking down and removing Ettin's apology statement. If Ettin gave them some kind of a heads up that the apology was coming so that they could remove could expose Ettin to more trouble since he acted to subvert the intent of the settlement.

I think. Again, IANAL.

wmarshal

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« Reply #53 on: April 10, 2020, 07:32:06 PM »
Quote from: EOTB;1126430
IANL either, but an agreement can't require someone not signing it, or controlled by someone other than a signatory, to perform.  Ettin performed by posting something.  He can't promise something he doesn't control will perform in a particular way.  I'd be very surprised if a lawyer would try to say the settlement was made invalid due to the memory holing.  Which is probably why one posting location stipulated was his own twitter feed, and (I'm guessing) that Ettin wouldn't of his own volition remove/shutter/protect his twitter account for whatever period of time.


But if part of the settlement were the other postings of the apology Ettin would have to show compliance, wouldn't he? He can't do that when those postings have been disappeared.

EOTB

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« Reply #54 on: April 10, 2020, 07:33:29 PM »
Courts accept screenshots all the time.  You can't bind me to keep something up on my website because some jerkwad told a 3rd jerkwad it would happen.

Edit - the point is more that I presume the lawyers involved were competent and didn't craft a settlement that would be considered invalid in its construction.  Stating Reddit would perform a certain way in an agreement, when Reddit (or RPGNet) aren't parties in the agreement, would be an invalid construction.  Stating that Party A had to post something on Reddit is OK (and also that Party A won't delete the post they've made), but then it is completely fulfilled in the moment of its posting (presuming it isn't deleted by Party A who does not control the subreddit).

Edit 2 - I'd guess the time of performance by Ettin was specified (you will post to popular subreddit "X" that you do not control at 4:30 EST on April 5) just so that screenshots could be taken; by Zak as well.
« Last Edit: April 10, 2020, 07:47:57 PM by EOTB »
A framework for generating local politics

https://mewe.com/join/osric A MeWe OSRIC group - find an online game; share a monster, class, or spell; give input on what you'd like for new OSRIC products.  Just don't 1) talk religion/politics, or 2) be a Richard

Aglondir

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« Reply #55 on: April 10, 2020, 11:52:36 PM »
Quote from: Bunch;1126328
I don't believe he or she is currently a mod.


Currently, no. But he was on Oct 28, 2018. See post 5 under Rules and Guidelines.

Spinachcat

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« Reply #56 on: April 11, 2020, 03:22:41 AM »
I'm sure ZakS has screenshots he'll post on his site so nobody can memory hole the story forever. It will exist for searching into the future (and ZakS will SEO the page for easy searching). But more importantly, it has shaken the RPG.net community and every time one of them donates to Ettin's fund, they will have tied their memory to the event. The message ZakS wanted to send has been heard loud and clear.

Also, Ettin is just Zak's first bomb drop. I suspect there will be more. It will be funny seeing the 3rd or 4th clown begging for GoFundMe cash after the donation exhaustion kicks in over at RPG.net.

Bradford C. Walker

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« Reply #57 on: April 11, 2020, 03:54:57 AM »
Lawfare works. Take notice.

And when they come for you, SUE.

mightybrain

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« Reply #58 on: April 11, 2020, 06:29:43 AM »
Hopefully he can use the payouts to fund follow up cases. As long as R0 is greater than one it should burn through SA like the pandemic.

Zak, I see Vornheim is still available on DTRPG. If I buy it there does the money still get to you?

Orphan81

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« Reply #59 on: April 11, 2020, 09:25:54 AM »
Quote from: Cave Bear;1126402
I got banned from rpg.net. Actually, now that I type it out, it's kind of a stupid thing to hold a grudge over years over the fact.
Still, fuck Ettin.


It's Ironic to me when I consider my own banning from RPG.net coming up on 6 years now...Particularly since the mod that banned me, was in turn himself banned due to Rape accusations coming out against him.

Male Feminists always project.