Good day all. For the last decade, there has been a concerted effort to shut down any moderate or conservative speech on the Internet. We know about how Faceplant, Goolag and Twitter will shut down anyone who doesn’t to the Communist Totalitarian line. Now we have a win for the good guys.
This is a case that goes back to 2016. I have a vague recollection of it, but haven’t followed it at all. It involves to YouTube “Stars” who are polar opposites politically and how one of them attempted to shut down the other by abusing the DMCA. The case has been decided and the Socialist Justice Warrior, who initiated the action, has lost big time. Here are the details from Reclaim the Net:
The multi-year saga involving a social media feud that turned into a legal battle between YouTubers Carl Benjamin and Akilah Hughes seems to be drawing to a close.
Started shortly after the 2016 US presidential election, the case developed from Hughes suing Benjamin for using parts of her video made during Hillary Clinton’s election defeat night, to poke fun at Hughes’ pro-Clinton stance and her lack of self-awareness.
Poking fun and barking moonbats is really not that great a challenge primarily due to the enormous amount of material available. Now I haven’t seen the video in question, and I don’t subscribe to the Sargon of Akkad YouTube channel, but when I saw this story I did look up Sargon. He posted a video explaining the judgment against Hughes. I’m sure he won’t mind if I post his video.
https://www.youtube.com/watch?v=TO9gDpC6k0I
Apparently, when Hughes saw the video, she reacted in the typical way all SJW’s do. She went on the warpath. She sued him for copyright infringement, tried to get him deplatformed and basically set out to destroy him. However, the way she want about it was a legal textbook case in how NOT to present yourself to the courts when trying to win. The judge in this case, Richard J. Sullivan, blasted Hughes.
The circuit Judge had a clear understanding that Hughes was misusing copyright law as a form of retaliation:
“Throughout the course of this litigation, Hughes prominently referenced Benjamin and the ongoing suit on Twitter. For instance, on December 8, 2016, Hughes tweeted that she had “a [C]hristmas present on the way” for Benjamin, referring to the lawsuit. (Doc. No. 43 at 5.)
On October 28, 2018, Hughes tweeted that she was “currently suing [Benjamin’s] white supremacist ass for stealing [her] content.” (Id. at 6.) Two months later, Hughes referred to Benjamin in a tweet as a “carnival barker” and expressed a desire to convince the crowdfunding platform GoFundMe to terminate Benjamin’s campaign to fund his legal costs for this action and to “bankrupt” Benjamin with a libel suit. (Id. at 2.) And on February 12, 2019, Hughes replied to a tweet predicting that she would lose her copyright lawsuit by declaring that she was “gonna take hundreds of thousands of dollars USD” from Benjamin.”
This makes me wonder, what the Hell were Hughes’s lawyers doing? They should have told her to shut up. Instead, she contracted a serious case of Dysentery of the Mouth and keyboard, and basically blew her own case, problematical as it was, right out of the water.
Hughes’ accusation against Benjamin’s video – “SJW Levels of Awareness” – that sparked nearly four years of litigation was found to be a false DMCA claim, possibly motivated by political and ideological animosity, given her liberal and Benjamin’s more classical liberal persuasions, rather than any real concern about copyright infringement.
These days, being a “Classical Liberal” is considered being a populist Constitutional Conservative. In the eyes of the Modern Progressive Liberals, that’s the same as being a Nazi.
“It was therefore unmistakable that the edited video was designed to highlight and critique Hughes’s alleged lack of self-awareness, not to pass off her work as Benjamin’s,” the ruling opinion reads.
Usually, people can tell fairly easily if someone is passing off a work done by others as their own. Just look at Vice President Slow Joe Biden. Plagiarism is his stock in trade and has been his entire adult life.
In a letter to the judge prior to the ruling in favor of his client, Mullen said that Hughes was essentially abusing the case to gain publicity as an internet personality.
Well, she definitely gained publicity, just not the kind she was looking for. The article then goes on to show some tweets. That Hughes posted. Again, I have to ask what the hell were her lawyers doing? Didn’t they even try to explain the Rule of Holes? You know, when you find yourself in one, STOP DIGGING!
Hughes has denied that she was abusing the legal system with false claims, or using the legal process to promote herself online, and also opposed Benjamin’s claim to reclaim his legal fees. Today Hughes directed criticism of the ruling at the judge.
The tweet shows the background of Judge Sullivan. As an FYI, he has no connection to Emmett Sullivan, currently looking to be smashed upside the head, virtually speaking, by either the D.C. Circuit Court or the United States Supreme Court. He was originally appointed to the Bench by George W. Bush and was recently promoted by President Trump.
As for Hughes, Mr. Benjamin is not expecting to get his judgment from Hughes. He doesn’t think she has the money, and of course, she has to pay her lawyers as well. She could appeal, however, since Judge Sullivan has been promoted, she would be appealing to him to overturn his own decision. I doubt that’s going to happen, and still won’t even if he recused himself. His ruling was very explicit.
Hopefully this will be a lesson to those on the left. The people you have been attacking are fighting back and they are winning. Just ask Oberlin College. They lost a case so badly, they may be force to close down. Somehow I doubt that those on the left are capable of learning anything. As for Akilah Hughes? It is going to really suck to be you.
Thatisall
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~The Angry Webmaster~
