And here Somey hit on the key to the whole thing.

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Graaf Statler
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And here Somey hit on the key to the whole thing.

Post by Graaf Statler » Sun Apr 21, 2019 11:36 pm

Midsize Jack wrote:I guess it shouldn't be so surprising, really. Logically, the WMF's main objective here would be to get an early dismissal to prevent having their internal discussions exposed via the discovery process. Dollars to doughnuts, some of those internal discussions contain material showing the near-total contempt the WMF staff has for Wikipedia contributors - especially those who end up getting banned by them, for whatever reason. If even a small-ish amount of that were to become public, it could put a serious crimp in their recruitment efforts.

By the same token, I would imagine that new internal rules have been made and imposed from the top to prevent WMF staff from saying anything negative anywhere about WP users, just in case these sorts of lawsuits become a trend, or even more likely, if pro-Trump Republican efforts in the USA to "open up the libel laws" result in the elimination of the "truth defense" in libel cases. That's not to say the WMF folks are constantly going on about how awful WP users are, but let's face it, if we can do it, they can do it too - and they have a lot more information about those users than we do.

https://wikipediocracy.com/forum/viewto ... 50#p237014

It's about WMF's lawyer and that is what I am thing too all the time. I think there is a huge change the judge look for the corner of his eye to Europe in this Lomax case, and special to our Lindenbaum-Cohen arrest, a very tricky jurisprudence. (Our supreme court, Hoge Raad made there even a opera about this jurisprudence.) Een onrechtmatige daad, unwritten law. And there are more SanFanBan winners who look very careful to this case.

Why? Because Somey is right, the republicans really hate Wikipedia because it is a Clinton thing. Chelsea Clinton made not long ago James Alexander even a compliment on his twitter, see auggies RW. And judges in general look far over the borders, our courts can even choose for American law. Judes are like dogs in a park, all over the world they recognise each other from far, they have international congresses, often they cooperate, only a fool as Vigilant can think there is no interaction between international justice.
Lawyer Alex Voss and Frans Timmerman were really mad, words as governing by shitstorm and undermining the democracy are words what they seldom use in public.

They are feared to dead! And that is indeed the reason they hired a top lawyer.

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Re: And here Somey hit on the key to the whole thing.

Post by Graaf Statler » Mon Apr 22, 2019 7:01 am

Midesise Jack wrote:
What is the resolution of this matter and why?


Well... I don't mean to be super-equivocal, but a lot of this depends on who gets picked to be the judge. Like I've said above, call me crazy but I do think Mr. Abd has a valid complaint; the question is how far is he willing to go in pursuing it, how hard will the WMF push back, and how well has the WMF immunized itself through disclaimers and ToU language, etc. (Okay, that's three questions.) All of these factors are strongly in the WMF's favor, so the most likely result by far will be that the case is dismissed, probably with prejudice, and as you say, possibly with an order for Mr. Abd to reimburse the WMF's costs to some extent. But again, he could get lucky - not $200,000 lucky of course, but I don't think it's impossible for him to get a favorable "moral victory" kind of result, with the right judge.

One thing I don't understand is, why does Mr. Abd think the WMF would be making a tactical mistake by filing a Motion to Dismiss on Day One (or earlier)? Perhaps he'll read this and maybe explain it on that site where he's making comments... It seems like it would be standard procedure in a case like this, and the WMF lawyers would almost be committing some sort of malpractice if they didn't at least try, especially since there's a pretty good chance it would work.

And that is exacte how I look to the case and fits in the German saying Auf hoher See und vor Gericht ist man in Gottes Hand. In court and on a high sea is someone in god's hands. Only a fool talks like Vigilant who is only generated a lot of noise, much better if he fuck off out of the discussion.

The danger for WMF is if it turns out in a snowball what gets bigger and bigger and what turn into an avalanche at the end. Because top lawyer or not, WMF int. is a legal house of cards with a extreem poor legal team what did a extreem foolish thing in there incompetence.
The only good outcome for WMF should be if the judge say not any problem WMF, and yes, it all depends on who get the pick of the judge and how strong is the hidden political pressure.
Every other outcome is extreem dangerous for them.

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Re: And here Somey hit on the key to the whole thing.

Post by Graaf Statler » Mon Apr 22, 2019 9:45 am

And again is Somey right.I

'm not saying he has a realistic chance. The only thing I would say for him, in terms of an unrealistic chance, is that the US Senate has been packing the courts with extreme right-wingers ever since Trump was elected, and extreme right-wingers don't like Wikipedia much these days. Extreme right-wingers these days also tend to believe in things most of us think of as wacko fantasies, and one of those things is cold fusion.

I don't judge about cold fusion for the simple reason I know nothing about it but it doesn't seems to me the matter. Political Wikipedia has not many friends left both in Europe as in America and a few other powerful country's like China.
And then when he doesn't, Mr. Abd will call him an "idiot" on every internet venue available to him, voluminously, and in so doing make things a whole lot worse for himself.

And if he does so, what will happend to him? As far as I have understand is mister Lomax a older and absolute not a wealthy man. What do they want to do? Confiscate his computer? His chair where his is sitting on? His cat or dog? His geraniums? His canary? Give me a break, all bluff, the man owns nothing of any value as far as I have understand.

That Mike Tyson to a boxing match with world class opponents of paddo Vigilant can only end up in a fiasco for WMF, there is not any risk for Lomax and a lot to win.

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Re: And here Somey hit on the key to the whole thing.

Post by Graaf Statler » Mon Apr 22, 2019 10:15 am

Poetlister wrote:I don't know if this has any parallel in American law, but in England the Unfair Contract Terms Act 1977 (T-H-L) can be used to set aside unreasonable terms even if the plaintiff has apparently agreed to them. Requiring a private citizen of limited means to litigate only in a court thousands of miles away might be unreasonable.

http://www.wetrecht.nl/redelijkheid-en-billijkheid/

We have something about the same. And have a look what a legal multi talents have worked on the page Terms of Use of WMF. Mister James Alexander who had plans to go to law school, Steinsplitter and a lot of other wikiidiots. No, don't count on WMF there Terms of Use, they will not very helpful in this case I am afraid. Altough I don't know the American legal system eighter.

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Re: And here Somey hit on the key to the whole thing.

Post by Graaf Statler » Mon Apr 22, 2019 10:56 am

https://genderdesk.wordpress.com/2019/0 ... a-lawsuit/

Madam Gender wrote:It is being reported that WMF has retained the law firm Jones Day and the attorney is Christopher M. Morrison of Boston.

Somebody please take up a collection for Abd, before he gets hurt.

Wrong madam. This is in the empire of the real wiki lawyers like Dysk, I think Somey too, Poet, me and a few others. A normal lawyer like he is is total lost in the mirror palace Wikipedia. He is noting there, not even a junior partner and also the legal dream team of WMF has no idea where it is all about.

Welcome in the wonderfull world of Wikipedia. A gift of the devil with a few extreem dangerous wiki lawyers. And Adb is one of them.

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Re: And here Somey hit on the key to the whole thing.

Post by Graaf Statler » Mon Apr 22, 2019 11:16 am

Kumioko wrote:Of course it's true they could countersue, but we'll see what happens. Personally I don't think that a court of law, even if it favors the WMF in the end, would give the WMF mo eye in a countersuit just for someone wanting a clear answer on why they were banned. He could also settle with the WMF without going to trial if they tell him clearly why he was banned and give him a chance to appeal the ban.

Coutersuiing would be extreem stupide, the man owns nothing. It should cost them only extra money. And for every other SanFanBan winner is this trail is extreem interesting to see what happens anyway.
Guido den Broeder wrote:The WMF will use this suit to collect millions of dollars from supporters, while at the same time it helps them to create jurisprudence in their favor in case a real threat emerges. It is all very profitable for them, that's why they hire a top lawyer


If they win Guido, ze moeten de huid niet verkopen voor de beer geschoten is. Ik ben benieuwd! Heel benieuwd! Ikzelf denk namelijk dat ze een goede kans hebben languit op hun bek te gaan. Maar de tijd zal het leren. Ik volg het geheel om begrijpelijke redenen in elk geval met grote aandacht.

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Re: And here Somey hit on the key to the whole thing.

Post by CrowsNest » Tue Apr 23, 2019 5:47 am

This case has got sod all to do with Trump or the Republicans, Jake is into saying that because from his vantage point in his cabin in the woods, everything is about Trump. It's worthless noise.

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Re: And here Somey hit on the key to the whole thing.

Post by Graaf Statler » Tue Apr 23, 2019 8:16 am

They simple must wait how that law case turns out and stop with all there stare downs because it all rubbish. Because it is simple, every reasonable person understands some of those Alexander SanFanBan's where total rubbish of a bunch of incompetent idiots, and I am sure WMF knows that too.
Well, now those SanFanBan's are tested against the American law and it is not a boxing game. The judge will tell us at the end how she looks at the whole case and that is it. And there are two outcomes possible. WMF has broken te American law or WMF has not broken the American law. But it is not up to us to speculate if that has happend or not.

WMF has done the only right thing, they have hired a professional lawyer but that is absolute not a guarantee he will win this case. The only guaranty you have is it is a skiled person and that is all, it is not a legal magician who can change water in to wine. These are professional persons and America has a pretty good legal system and the only wise thing to do is wait for the outcome. And special for NewYorkBrad, in a law case it is common the party's hold there cards against there chest, every lawyer will give you that as a first advice.

The only question what remains is is publishing someones name on such a name and shame list without any reason or explanation under a CC license deformation yes or no. And well, madam the judge will give us the answer and till that time we simple have to wait. She will listen carefully to what both party's have to say and give her verdict at the end and that is all.

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Re: And here Somey hit on the key to the whole thing.

Post by ericbarbour » Wed Apr 24, 2019 12:25 am

CrowsNest wrote:This case has got sod all to do with Trump or the Republicans, Jake is into saying that because from his vantage point in his cabin in the woods, everything is about Trump. It's worthless noise.

Jake/Somey always was a fount of non-sequiturs and obviousness.....

Graaf wrote:WMF has done the only right thing, they have hired a professional lawyer but that is absolute not a guarantee he will win this case. The only guaranty you have is it is a skiled person and that is all, it is not a legal magician who can change water in to wine. These are professional persons and America has a pretty good legal system and the only wise thing to do is wait for the outcome. And special for NewYorkBrad, in a law case it is common the party's hold there cards against there chest, every lawyer will give you that as a first advice.

And as I've warned before, the WMF hasn't needed "good lawyers" before. In the past they have hidden behind Section 230 (which is why they show open contempt for WP content writers, if they were NICE to those people their Section 230 armor would start to leak) and general "Wikipedia Is Wonderful" phony good publicity. Abd will find this more difficult than it appears--as I've warned him before.

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Re: And here Somey hit on the key to the whole thing.

Post by Graaf Statler » Wed Apr 24, 2019 9:04 am

Global bans and section 230 is of course the weak point in the the armour of WMF in combination with a complete idiote called James Alexander. And not the bullshit Somey is predicting here.. I noticed that before, Dysk for sure remember.

Why? Because global bans, SanFanBans where meant to expelled people who where really a danger. Neo n*azi's, psycho's, pedo sexual"s, etc. And that use had been safe for WMF.
BUT. A few clever trolls had found out by fooling the algoritmes and lying they could manipulate Wikipedia...

Global bans has become in this way a by pass around section 230 and that where the panic is about Because, it is complete clear both Lomax and I are a bit (sic) eccentric older gentleman and i was for instance complete right with my high level copyright analyses. But WMF has mute me! SanFanBanned me! Using the wrong info they got from that clever trolls! Alexander was far too stupid to understand what was going on. Alexander is good in making sweets and loves cat's, but that is all.
And Romaine went with a lot of donor money together with hoax Julia Reda and the political scientist Dimi in a march to the Europarlement where the "Revolutionair" Alex Voss said in different words fuck off with your complete free source trolling mouvement. With the warm support of Frans Timmerman, the highest person after Junker! So they have a lot to explane to there donors if this Lomax adventure went wrong with there SanFanBan bullshit.

And that Graaf turned later out to be real and alive and kicking. And is living in the EU where WMF is complete, complete powerless, a EU what is a kind of Byzantium empire with it's bizar legal system and THAT is what they fear! The game of the falling domino stones without the protection of section 230 and that is why WMF is phishing all the time what are the plans gentleman on WO and why they have hired a top lawyer, isn't it Somey? Well, I have one too. Mr Ausma. And our lips are sealed.

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