Jim Sterling in court.

[mardocOz]

Any updates on this or are we still playing the waiting game?

 

[KoalaMan412]

Any updates on this or are we still playing the waiting game?

For the lawsuit, nope still nothing yet. The only update was back in May 31st about Jim's lawyer response to Romine's Supplemental Memorandum. Other than that, still have to wait and see later on to see if Romine have anything to reply or if he even have any arguments towards that response.

 

[Fsyco]

Any updates on this or are we still playing the waiting game?

It was quiet for close to 2 months before we got the sudden flurry of motions and responses and whatnot in May. It'll probably come and go like that until the case is over (which hopefully is soon).

 

[KoalaMan412]

So it seems there are two new updates today for the case.

30. ORDER granting22 Plaintiff's Motion for Leave to File Amendment to Motion in Response to Motion to Dismiss Plaintiff's Original Complaint and granting23 Motion for Leave to File Excess Pages of Amendment to Motion in Response to Motion to Dismiss Plaintiff's Original Complaint. The Clerk shall file the document currently lodged at (Doc.24 ). IT IS FURTHER ORDERED denying27 Plaintiff's Motion for Leave to File a Supplemental Memorandum in Support of Amended Motion in Response to Defendant's Motion to Dismiss Original Complaint. Signed by Judge John J Tuchi on 6/28/16.(LSP)

31.AMENDED RESPONSE to Motion re:19 MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction and MOTION to Dismiss Case filed by James Oliver Romine, Jr. (LSP)

For 30, the Judge allow to use Romine's exceed the pages from his response to Jim's Motion to Dismiss from document 24. At the same time, he denied Romine's Supplemental Memorandum and did rule in favor of Jim and his lawyers because it does not allow sur-reply, repeating the same arguments from his previous responses and no new legal arguments.

For 31, from what I'm seeing, it's the same thing from document 24 where he Lodged to amend his response as what the Judge granted from 30. Doesn't seem anything new here.

 

[Fsyco]

So this is barely relevant, but it seems like Jim's gotten several spurious defamation accusations recently. The ORION developer accused Jim of defaming him with this article. [http://www.thejimquisition.com/trek-versus-activision-how-orion-went-from-victim-to-villain-in-one-night/] Then the YOLO Army accused Jim of defaming them in today's Jimquisition. [http://www.thejimquisition.com/the-jimquisition-yolo-army/] Do these people seem to think that Jim's somehow more vulnerable to defamation suits because there's one against him right now?

There's also the NerdCubed case [https://www.youtube.com/watch?v=O9VjNSPdlIw], where a developer sent an email threatening to sue if the YouTuber didn't take down an allegedly outdated review. Is it just me, or is accusing gaming Youtube channels of defamation becoming a more popular strategy ever since the DigiHom case became big? Maybe I just never noticed until the DH case.

 

[DoPo]

Do these people seem to think that Jim's somehow more vulnerable to defamation suits because there's one against him right now?

Well, I might be wrong, but if one case succeeds, can't the others use it against Jim as well? Basically going "look, he has a history of being a meanie - the judge said so!".

Yes, that may not be the correct legal language to use.

On the other hand, considering the people trying to sue Jim, I wouldn't put it past them having this as a first draft, at least.

Is it just me, or is accusing gaming Youtube channels of defamation becoming a more popular strategy ever since the DigiHom case became big? Maybe I just never noticed until the DH case.

Actually, I think it's not really related the DigiHom case. Correlation and causation and all that. To me, it seems like this is just a natural progression of things. Developers and IP holders have been throwing legal weight at YouTube channels[footnote]well, not only YouTube channels but they seem to get more publicity. I guess it's because they tend to have more publicity to begin with.[/footnote] for quite some time now. Things have been gradually escalating over time - the IP holders have become more and more "careless" at how they use their intimidation tactics - the cases with Total Biscuit (Garry's Incident, Guise of the Wolf and Jim Sterling (Digital Homicide being one, Skate Man Intense Rescue being another) were a mistake on the IP holders' part, as both are not small and are not easily scared. TB, in particular, has a law degree as well as a very big network of friends, acquaintances, and professional contacts that makes him somebody you don't just casually try to shake down. Yet this was done more than once.

So, overall, there has been a trend of escalating legal threats from IP holders. Not just indie devs, either - big publishers also crawl the web and try to claim many videos for reasons that should at best be barely applicable. And that's putting it mildly.

In addition, there is the defence against these that has been mounting up. TB and Jim have been outspoken about how bad the situation is and both have tried to improve it. There has been some success with how the YouTube controls over this have been changed. Of course, there is a lot, a who-o-ole lo-o-ot more to be desired there, but there has been a change. Other channels have also gained courage to push back on spurious claims.

So, both the "offence" has been naturally increasing but also the "defence". This, I believe, is the heart of the matter, for it only pushes the offence to raise even further. Copyright claims are just the beginning, seems like defamation cases are a next step. I very much doubt this step wouldn't have been taken without Digital Homicide - the general trend, after all both of these are just a tool used to silence and control. And before legallities, there were still attempts to do exactly the same - silence and control. It's the same old song and dance dressed up in a new way.

 

[Politrukk]

Do these people seem to think that Jim's somehow more vulnerable to defamation suits because there's one against him right now?

Well, I might be wrong, but if one case succeeds, can't the others use it against Jim as well? Basically going "look, he has a history of being a meanie - the judge said so!".

Yes, that may not be the correct legal language to use.

On the other hand, considering the people trying to sue Jim, I wouldn't put it past them having this as a first draft, at least.

Yes if Jim is convicted it will create a legal precedent.
Romine vs Stanton will become a benchmark untill a higher court overrules it.

 

[Fsyco]

Snip

Technically, is that a precedent or just establishing that Jim has a history of committing defamation? I thought legal precedent had more to do with interpreting laws, not behavior of a single individual. From my understanding, it would be legal precedent if, say, the court determined that it's okay for them to pierce the corporate veil of smalltime indie devs, but it would just establish a pattern of behavior if the judge says Jim defamed Romine.

And before legallities, there were still attempts to do exactly the same - silence and control. It's the same old song and dance dressed up in a new way.

I'm aware that trying to censor criticism is nothing new (and that defamation suits in particular were used so often for it that some places have anti-SLAPP laws), but it just seemed to me that there'd be a recent uptick in defamation accusations in the gaming corner of the world. In 2013 and 2014, it seemed like spurious DMCA claims were in vogue (although maybe I just noticed them more because they happened to Jim Sterling and TB), but these days it seems like more shady people are trying to hide behind "defamation" (although, again, could just be because of a few high-profile instances, like Jim and that NerdCubed dude). Maybe it's because accusing someone of defaming you (without filing a lawsuit) has some legal scariness without requiring a commitment to anything?

 

[KoalaMan412]

New Case Update:
It seems Romine filed an "Affidavit in Opposition" to Jim's Motion to Dismiss (Document 19) where he wants the Court to accept both his original response (Document 20) and his amended response (Document 31). Not sure much about the "Affidavit in Opposition" or anything else about it, but only that he wants to oppose the Motion to Dismiss. Another is that Romine stated that he was unaware to put the term "Opposition" from two of his responses and thought it is necessary to state that.

Also, within the document, there is a stamp on it where it states that the document is not in the proper form according to the federal and local rules in which will be in subject to be rejected based on the rule number CIVLR 5.4.

EDIT: Also, this was mentioned on MMOFallout as well to get a better understanding.
http://mmofallout.com/ipe-update-digital-homicide-needs-a-lawyer/

 

[FalloutJack]

Snip

The last sentance of that report may as well be the 'Battle of Wits' scene from The Princess Bride, with Jim's lawyer as Wesley. It's a comical back-and-forth leading inevitably to the other's demise.

 

[Cap'nPipsqueak]

Snip

The last sentance of that report may as well be the 'Battle of Wits' scene from The Princess Bride, with Jim's lawyer as Wesley. It's a comical back-and-forth leading inevitably to the other's demise.

Is this still a thing? From what I've read thus-far, the Romines are both a joke and the punchline.

 

[FalloutJack]

Snip

The last sentance of that report may as well be the 'Battle of Wits' scene from The Princess Bride, with Jim's lawyer as Wesley. It's a comical back-and-forth leading inevitably to the other's demise.

Is this still a thing? From what I've read thus-far, the Romines are both a joke and the punchline.

Ah, well, you know how sometimes on a forum you get in an argument with some guy and it goes back and forth alot with no apparent end? The situation is essentially obvious to everyone but the goofball that him batting around motions without a real case are just sort of nothing actions. Eventually, the judge will just get tired of him and instruct the guy to fish or cut bait. Otherwise, boom. He's done.

 

[Gades]

Update from mmofallout: It seems a reader found something interesting on the document, a stamp that reads "This Document is not in proper form according to federal and/or local rules and practices and is subject to rejection by the court". http://mmofallout.com/ipe-update-digital-homicide-needs-a-lawyer/

 

[Fsyco]

Snip

I'm amazed Romine's managed to drag this out for so long. He's got a dead-case-walking at this point, and all these motions make it seem like he's desperately trying to keep his case on life support. Which I guess is kind of understandable, because he's seriously screwed if Jim's MTDs go through. Hell, any one of Jim's MTDs on its own would make refiling difficult, let alone all three.

As you say, Romine can't keep doing this forever. I hope it ends soon, but he might be able to prolong this for a little while longer.

 

[Redlin5_v1legacy]

I don't think Jim has any cause for concern at this point. Just a gut feeling.

 

[Gades]

Snip

I'm amazed Romine's managed to drag this out for so long. He's got a dead-case-walking at this point, and all these motions make it seem like he's desperately trying to keep his case on life support. Which I guess is kind of understandable, because he's seriously screwed if Jim's MTDs go through. Hell, any one of Jim's MTDs on its own would make refiling difficult, let alone all three.

As you say, Romine can't keep doing this forever. I hope it ends soon, but he might be able to prolong this for a little while longer.

I don't think Jim has any cause for concern at this point. Just a gut feeling.

Personal opinion: either the judge comes down with a final decision THIS week or the end of the month - I wrote a personal opinion on my Deviantart journal and while I know my opinion is very hopeful of the plausible and inevitable conclussion even tho the court could chose another, but hear me out - Is hard for me to believe the judge would want to allow more motions and continue this through August: the reasons been timing and the judge's patience as the parties are in a fight for and agaisnt dismissal,

The lawsuit was filed on March 4, Jim was summoned on March 28th, and Jim's lawyer responded on the April 1rst, with Jim himself responding on April 4. We are essentially 3 1/2 months since the process started to be counter-argue by the defense and the back and forth with Romine. While it is amazing this process has lasted as long as it has, the Judge was himself obligated to be fair to Romine, because he doesn't have a lawyer and in essence he becomes Romine representant in the court and had to be a bit patient with him - in doing so, in a process where a jury was not called for, the judge was more open to see the evidences presented by the parties that a Jury would under similar circumstances (especially when the Pro Se plaintiff burden is the heaviest)and the Judge was trying to give him as much chance and opportunity as possible to PROVE something, again having no lawyer, and at every turn he is obviously striking Romine's motions do to technicality or because their are either moot or just not important and weak to his eyes, and Romine has constantly repeated the same arguements to him on all three motions. And in all honesty ... I don't see this Judge siding with Romine at the end of the day.

This last response, that "affidavit" where he still trying to get those two dismissed documents accepted -this time to be added into the document in opposition of dismissal- is proof he is well aware his last standing document is very weak to the judge's eyes as we have essentially enter the dismissal stage and wants to prettyfied the document with just 2 pages to see if the judge doesn't strike it as he has now 2 strikes, and is been warned the file is not in proper form under threat of rejection by the court.

Connor, of mmofallout.com, stressed how Romine should have hired the lawyer - well, I gues we can see why.

In Romine's mind (and this James Romine we're are talking about) believe Jim to be ,in the words that DigiHom has used to insult him, a fat idiot internet troll, that would coward to the ideas of lawsuits and courts, as it has saddly happend to so many Youtubers. He believe it to be above anything else the "gospel thruth", and was hoping that a coward Jim would sit down in a table with him in a close door meeting to negotaite under his terms - like Erin Brockovich did in her case againt the Pacific Gas and Electric Company in 1993. He would had achieve under such circumstance that what has evaded DigiHom for all this time - force Jim into a silence, asked for much less, all is dandy, Jim is left to pay the bills for losing the case and everyone goes home with the Romines going on a likely campaing to threaten Youtubers if they don't shut up or apologies.

I really wonder what was his reaction the moment he is in the court sitting at the plaintiff's table, there walks through those doors -not Jim Sterling- but 2 experience lawyers that Romine had to now duke it out in a battle of witts. Lawyers, based what I have read from all of you and mmofallout, have the experience, understanding, patience and Reasoning to the issues in question: something is lacking in the very core of DigiHom a long with the foremention witts. Put yourselves in James Romine's shoes right now and think this...

His attempts to silence the critic from a fight of words, to threats, to a falses copyright strike fails and make yourself look like a fool on the internet, his attempts to crowdfund a lawyer is a disaster, his plight to find support in the community has only brought more ire from the community the more he kept the war going, his arguements are obviously wrong and faulty at best -stupid and ignorant at worst- his similar past motions have been denied by the court do to his ignorance of the law while trying to play a game of lawyer with real lawyers, the judge doesn't seem to be taking the bait, and his over spamming of Steam Greenlight in the last 2 months to try to keep financing a weak lawsuit have only got the cynical eyes of the Steam Community a bit wiser to their intentions, even when Steam has failed to implement it's rules agaisnt DigiHom A LOT despite having threaten them with getting kicked out more than once. At every step the Romines have taken to win the fight agaisnt Jim has only brought them problems and backlash.

So many across the web point out how Judges (especially Federal district Judges) hate when Plaintiffs waste the court's time, and this one is at his limit as we are on the horizon of Strike 3. This Judge has the virtue of patience and I think his has ran out of it. For the Romines this is the last likely battle in a long and prolong war and if they lose this battle, they'll not only suffer the humiliation of the financial loss for wasting the time of the court, but been burned by Jim Sterling in the ultimate Jimquisition video as well face the ridicule of the whole community -from the most popular of Youtubers to the lowest of the trolls- for having taking the war this far and lost it so baddly. All of this of Digital Homicide's own making. Romine is in genuine panic right now.

The legacy of Digital Homicide will be one of 2 petulant scamming developers who wanted to silence internet critics, but ended up giving them sanctuary at the eyes of the law they longed for.

 

[Programmed_For_Damage]

Snip

I'm amazed Romine's managed to drag this out for so long. He's got a dead-case-walking at this point, and all these motions make it seem like he's desperately trying to keep his case on life support. Which I guess is kind of understandable, because he's seriously screwed if Jim's MTDs go through. Hell, any one of Jim's MTDs on its own would make refiling difficult, let alone all three.

As you say, Romine can't keep doing this forever. I hope it ends soon, but he might be able to prolong this for a little while longer.

If only Romine had put this much effort and diligence into his software this thread would not exist. He thought he could bully Jim with the threat of a lawsuit, Jim called his bluff and now he's balls deep and can't pull out.

 

[Fsyco]

Snipple: The best quotes on Earth

AFAIK, neither Jim nor Romine has actually gone before the judge. All this thus far is pre-trial paperwork. Real-life court cases are sloooooow. Plus, I don't know if the judge has felt anything other than mild amusement at all this. I looked at his schedule once, and he seemed like a really busy guy with alot more important things to do. It would be nice if the case ended soon, but realistically, this could go on for a little while yet.

I don't think Romine could hire a lawyer, because any lawyer worth their salt would recognize that Romine basically has no case (also he can't afford one). He's only gone ahead with this out of pure narcissistic rage, but I think he knows that trying to get a lawyer to sue Jim in Mississippi would be financial suicide. Any hope of "getting back" at Jim dies with this case, which is why he desperately wants this to work.

 

[Gades]

Snipple: The best quotes on Earth

AFAIK, neither Jim nor Romine has actually gone before the judge. All this thus far is pre-trial paperwork. Real-life court cases are sloooooow. Plus, I don't know if the judge has felt anything other than mild amusement at all this. I looked at his schedule once, and he seemed like a really busy guy with alot more important things to do. It would be nice if the case ended soon, but realistically, this could go on for a little while yet.

1) thanks for the correction, I forget we are in the pre-trial paperwork, and not hearing.

2) Wait! Romine hasn't seen the Judge DIRECTLY? HOW? I know Jim can't go to the Judge do to, well, distance hence the lawyers fill that purpose(although there was a telephone conversation between them-correct me, please?), but how the hell is Romine NOT talking to the judge or not been present in 3 1/2 months of the paperwork? Been the plaintiff, shouldn't he be like force/obligated to be THERE, when talking to the Judge?

Snipple: The best quotes on Earth

I don't think Romine could hire a lawyer, because any lawyer worth their salt would recognize that Romine basically has no case (also he can't afford one).

You know, I think the "lawyer" he was talking to back when Robert threaten Jim via cellphone, just said "NO" to James and Robert in the face, and still let himself open to be hire cause he might feel some sort of pity since he knows they would get slaughter in front of a judge. I also believe that in talking with them through that time, Romine never told the truth and the lawyer found on his own studying Jim. In doing so, scared off Robert from joining his brother.

Snipple: The best quotes on Earth

He's only gone ahead with this out of pure narcissistic rage, but I think he knows that trying to get a lawyer to sue Jim in Mississippi would be financial suicide. Any hope of "getting back" at Jim dies with this case, which is why he desperately wants this to work.

pure narcissistic rage, that's the frase that escaped me - and to it, goes to my point on what was on his mind at the time Romine filed the lawsuit and his believes of Jim and other Youtubers, why the Judge will grant the dismissal in my establish time frame and why I'm very cynical of the Judge just continuing through August. Cause if he ever was sympathic to Romine, he allow him to have the time he gave to prove something and he has just ran out of it by now.

 

[Fsyco]

Snip

All they've done thus far is file paperwork, which is all handled by court clerks. Jim's lawyers requested an oral argument in their motion to dismiss, but (AFAIK) there's been no actual meeting with Judge Tuchi as yet. Like I said, the judge is a busy man (he is a federal judge) and has ALOT of cases on his docket. He just needs to read the paperwork and make decisions based on that, unless someone specifically requests an oral argument.

I seriously doubt they ever had a lawyer "chomping at the bit" to sue Jim. Someone earlier in this thread mentioned they have a cousin that does law, but they'd need a lawyer in Mississippi to sue Jim (unless the judge says Arizona has jurisdiction over Jim). Some pro se litigants can do well if they consult a lawyer "on the side" to go through their paperwork, but Romine actually needs a lawyer if he's trying to sue (and collect damages) on behalf of Digital Homicide LLC.

I don't think the judge ever really cared one way or the other about Romine, but it certainly doesn't look good to repeat arguments and file unnecessary sur-replies. Jim's lawyers probably want to get Romine to embarrass himself in front of the judge, which is also why they requested an oral argument.