Worthless Ruling in Zoe Quinn Case Spares Judge Embarassment but Does Nothing for Domestic Violence Victims

So this happened. I got most of my grades for my law course and I am nearly done. Of note I got a distinction for litigation (conducting court proceedings) on the civil and criminal side. Much to my astonishment I also received a grade of 100% for conduct (ethics). This makes me one of the most ethical law students of all time.

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Some of my law grades. 100% for conduct.

I have decided to refocus this blog more ethically based on feedback from KotakuInAction and elsewhere. There will be more law and factual pieces with fewer hitpieces along with a slightly gentler style. I will be posting the new style stuff under my real name, with occasional harder pieces by ‘Matthew Hopkins’ for old times’ sake.

So let us turn now to Zoe Quinn and her purported, ‘victory’ over Eron Gjoni. What does the recent judgement of the Massachussetts Appeal Court mean and who (if anyone) won anything?

Firstly, we need to go to the original document, which is here, for a detailed analysis. On an interesting note, Zoe has changed her legal name from Chelsea Van Valkenburg to Zoë Tiberius Quinn. Tiberius was a Roman Emperor said to be a “dark, reclusive, and sombre ruler who never really desired to be emperor”, according to Wikipedia.

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Okaloosa Threats – Sheriff Larry Ashley Needs to Deal With the Crimes in Front of Him

The target of the Okaloosa School Threats, Joshua Conner Moon, runs a harassment site that prioritises the disabled, vulnerable and women and has regularly been the target of SWATting attempts, such as the 2014 attack on their previous host Linode (archive here). Linode were also targeted by an incredibly powerful DarkNet attack in early 2016 (archive here). Currently Moon and his gang are organising cyber harassment of women. Sheriff Ashley needs to get on it – because even if Moon is a hoax victim, he is not an innocent victim.

ForgedEmailFromRandiHarperToContact180

In this post on Kiwifarms, a user forges an email from self-described feminist Randi Harper, to another self-described feminist Candace Owens. This happens right in front of Moon, who bans neither user. The now deleted imgur link is said to be a picture of a penis. The entire site is full of content like this, encouraged by Moon. Click for full size.

Right before the Okaloosa hoax Josh Moon had opened a thread for his new email service GamerGate.us. The entire thread is exclusively full of people registering accounts in the name of people and companies they oppose, and sending emails in their name.

The first email in the thread purports to be from Zoe Quinn and is sent to Contact180, the project she recently opposed. Impersonation and Harassment are crimes in Florida. Josh is at the head of that thread and he bans or discourages no one.

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Simpleton Sets Up Email Trolling Service, Gets Hacked In Under an Hour

JoshuaConnerMoon

Paedophile Joshua Conner Moon from KiwiFarms tried to set up a trolling email service but it backfired and in under an hour it was used to send confessions he is a paedophle. Image used under the UK Parody exception pursuant to s30A Copyright Designs and Patents Act 1988.

Joshua Conner Moon, paedophile leader of Kiwifar.ms set up a trolling service today. The service, an email server with the domain ‘GamerGate.us’ was announced with great fanfare. Within minutes his followers were setting up fake emails in the name of Randi Harper. Joshua assigned himself the exalted title of ‘leader@GamerGate.us‘.

I discovered this when I was copied into an email circular, purportedly from Josh, confessing to being a paedophile. It was an obvious fake but it contained a link to a thread. The email suggests members of an 8Chan board hostile to Josh are responsible.

So looking at the timestamps within about an hour Moon’s oh-so-funny troleing email service was being used to send out confessions of paedophilia in his name from an email he had just announced was his. The fake email also claims Kiwi Farms’ membership database has been hacked. Given the problems of Infinity Next it is entirely possible this is true.

Whilst the email (below) was faked it should be remembered that Josh has previously made very real confessions and boasts that he enjoys paedophile images of children being hurt and that per my previous article hosting company Gandi.net independently verified they found child pornography in the kiwifar.ms account he operated before they banned him from their service.

In any event, the full email is below –

JoshMoonFakeEmail2016-04-19

Whilst this email from Josh confessing to a paedophile is fake, readers should remember that he has previously made very real confessions to enjoying child pornography. Click for full size. I have blacked out Randi Harper and Zoe Quinn’s email addresses.

For my part, your author will not participate in this disgraceful bullying of a vulnerable, mentally underprivileged man. In any event I am working too hard preparing an exposé of a woman called Candy Potter – a real estate agent whose son claims she mistreated him as a child. Indeed, the son even fantasised about killing her on a popular web forum.

[UPDATE 21/04/2016] – It seems that the perpetrators used a Czechoslovakian service called Emkei.cz to prank Null. Interestingly the fake email, whilst exposed by the message header, is still more convincing that the one from GamerGate.us.

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Journalism Quest – Milo Yiannopoulos’ Debut Game Reviewed!

The Witchfinder reviews another text game – this time by the Milo Yiannopoulos of Breitbart. All reviews are strictly in accordance with Matthew Hopkins News Game Review Guidelines.

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Journalism Quest – Milo Yiannopoulos’ debut game is written with twine, just like Depression Quest except, less, well, depressing.

This is a review of a short game – more of a gamelet, by Milo Yiannopoulos. The reason for the review is not to pretend the product is the next Mass Effect 3 but instead because the comparison with Zoe Quinn’s effort, Depression Quest (DQ – previously reviewed 27%) is instructive in terms of the wider game industry debate. Needless to say, journalism Quest scores higher than DQ.

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Sources Shed Further Light on Gjoni Strike Out Application

The Witchfinder illuminates dark places!

I have now been able to ascertain the basis of Eron Gjoni’s motion to strike out Zoe Quinn’s response to his appeal. It is really pretty simple. Zoe Quinn is seeking to have his appeal dismissed as moot – because she has caved in by filing to vacate the order she does not want the constitutionality (or lack thereof) of the restraining order she obtained against him reviewed.

According to my shadowy sources, the problem with Quinn’s filings is that they are largely supported by impermissible material. The function of an appellate court is to determine whether a lower court has made a mistake and therefore it will only consider the material before that court. If a party to court proceedings wants an order changed on the basis of new information, the proper venue is the lower court (appellate judges are more expensive and in shorter supply).

Quinn has produced additional documents in support of her appellate response, however, in these documents she has also included fresh allegations that were not before the court of first instance. Allegations introduced in this manner are not normally permitted in an appellate forum where Gjoni would have no opportunity to rebut the veracity of Quinn’s claims nor to compel her to offer evidence in support of them. For good reason such filings are normally not permitted by the Massachussetts Rules of Appellate Procedure without prior permission by the court. Gjoni therefore seeks to strike out these questionable documents and the legal arguments based on them.

Looks like Gjoni’s lawyer is making good use of the crowdsourcing funds! Whatever happenes, Quinn is not going to have it easy.

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Eron Gjoni Moves to Strike!

The Witchfinder comments on recent developments in the Gjoni / Quinn case, which seems to be heating up. Eron Gjoni has filed a motion to strike out at least part of Zoe Quinn’s defence to his appeal. (Massachusetts court service page here and archive from today here).

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Screenshot from the Massachusetts court system. Motion to strike? The plot thickens.

Recent entries for the case make fascinating viewing. Zoe Quinn (real name Chelsea van Valkenburg / Valkerburg) filed a response, slightly late, to Gjoni’s appeal, shortly after a barrage of notices of appearance by her legal team.

The theoretical sanction for lateness is, as I previously reported, that the documents are not admissible and the appellee will not be allowed to make oral argument without the permission of the Court. In practice of course the Court may allow late documents especially if the deadline is only missed by hours.

Now Gjoni’s lawyers have had a chance to review the brief, looks like they are putting the funds he has raised to good use. Gjoni has filed two motions – firstly he is asking the Court to take note of fresh documents, and secondly he is asking that the Court strike out at least part of Quinn’s defence. Continue reading

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Looks Like Zoe Quinn Missed a Court Deadline – and the Penalty May be Deliciously Ironic

The Witchfinder has been keeping an eye on Gjoni’s appeal. The deadline for Zoe Quinn to file her response (the ‘red’ brief) has passed earlier this week. The Witchfinder explains what that means.

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Looks like Zoe Quinn has missed the deadline!

A while back your author reported that in response to Eron Gjoni’s appeal, Zoe Quinn had filed to discharge the injunction against him. The relevant court case page is here (today archive here). There is another page for the case here. Just a reminder that Zoe Quinn’s real name has been cited as Chelsea van Valkenburg or Valkerburg and that is the name for her on the case.

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Akismet Developer Brands KiA a ‘Hate Sub’ on ‘Free Reddit Checker’ Tool – Backs Down When Called on it

The Witchfinder encounters a supremely poorly coded, ‘comedy’ SJW tool for evaluating levels of Reddit ‘bigotry’. The tool, Free Reddit Check, is made by a developer at Akismet manufacturers Automattic and even labels the phrase, ‘sargon of akkad’ as ‘potentially offensive’.

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The Akismet official blog promotes their employee’s ‘hack’, saying “[…] being obsessed with content analysis, community moderation, and keeping the web’s underbelly in check, we can’t help but think it’s a nifty idea […]”.

Earlier today I was setting up Twitter preview cards for this site when I noticed a blog by Akismet (archive here). Akismet is the name of a commercial anti-spam tool. It can be used for excluding spam from WordPress blogs. I had evaluated it before but found it unsatisfactory.

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Epic Gjoni Win – Zoe Quinn Files to Vacate Restraining Order Against Gjoni

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Gjoni wins. Picture screenshot from Massachusetts public online Court docket system 18-08-2015.

From time to time, as a pro-bono McKenzie Friend here in the UK, I have helped appellants have restraining orders removed. In UK civil procedure, appeals require permission followed by a substantive hearing. Often, where a case is doomed, likely to be excessively costly or embarrassing, a party will cave in. It looks like Zoe Quinn (also known as Chelsea van Valkenburg) did just that on 07/08/2015.

I personally find this incredibly annoying, but when the other side caves in, I am usually forced to advise my client to sip it up because that is in their best interests. What we normally do is negotiate what we want in the form of a consent order in return for letting the other side off without applying for costs against them.

It is theoretically possible to proceed to a hearing for judgement anyway but normally the client is better off just taking the surrender, getting it worded the way they want and avoiding the aggravation and expense of going to a full hearing. It does sometimes happen especially when a public body wants the law clarified but with private clients it is incredibly rare. Continue reading

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Shoulda Listened, Nick! Here is Some More Advice: Time to Fire Sam Biddle

Gawker’s response to its scandalous outing of a corporate executive has been chaotic. It is unclear what strategy the leadership has in place to stop the ongoing haemorrhaging of advertisers. The Witchfinder says that if Gawker wants to clean up its act it is time for  Nick Denton to put Gawker’s house in order. That means reaching out to #GamerGate in a serious and sustained way, covering some socially useful stories and cutting out the cancer at the heart of Gawker Media – it is time for that epitomé of morally bankrupt journalist, Sam Biddle, to go.

In February this year I emailed Nick Denton and Max Read to complain about an article on Gawker.com. By Sam F Biddle, it had two major flaws. Firstly, the headling was wildly untrue, far from being a rump of psychopaths GamerGate has continued to grow in size and power. At the time of writing the major forum KotakuInAction now has over 47 thousand members.

Key figures in GamerGate have continued to grow in power, with the fair Shoe0nHead for example now at 77 thousand subscribers, despite her infrequent videos. If June produced say 1-2 videos a week she could monetise and live comfortably – perhaps wealthily – on the advertising revenues.

Secondly the article essentially amounted to picking an … eccentric … from the internet (who later turned out to be a hoaxer) and singling them out, bedlam style, for mockery. The article, like many before it from Sam Biddle, was a disgrace.

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Sam F Biddle makes use of stigmatising mental health tropes, singling out a vulnerable individual for ridicule.

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