Always read the fine print

WordPress, which recently deplatformed Chateau Heartiste, really needs to hire better lawyers. Consider the two following sections of its Terms of Use.

15. Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in San Francisco County, California.

16. Arbitration Agreement
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.

So, WordPress requires arbitration through the JAMS system, and they require the arbitration to take place in California. Not only that, but they declare that whoever wins can claim costs and attorneys’s fees. This, of course, is meant to dissuade people like Heartiste from taking them to arbitration.

But not so fast. JAMS enforces the following standards, which are based on California law.

Consumer Arbitration Minimum Standards

JAMS will administer arbitrations pursuant to mandatory pre-dispute arbitration clauses between companies and consumers only if the contract arbitration clause and specified applicable rules comply with the following minimum standards of fairness.

The consumer must have a right to an in-person hearing in his or her hometown area.

With respect to the cost of the arbitration, when a consumer initiates arbitration against the company, the only fee required to be paid by the consumer is $250, which is approximately equivalent to current Court filing fees. All other costs must be borne by the company, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services. When the company is the claiming party initiating an arbitration against the consumer, the company will be required to pay all costs associated with the arbitration.

In California, the arbitration provision may not require the consumer to pay the fees and costs incurred by the opposing party if the consumer does not prevail.

In other words, Chateau (or any of his readers) can bring an arbitration against WordPress for $250, can do it in his hometown area rather than on WordPress’s turf, and cannot be forced to pay costs or legal fees even if he loses.

Always read the fine print.

That’s great

Bounding Into Comics is restored on Facebook:

Facebook restored the 250k+ strong Bounding Into Comics fan page late at night.

The page was restored around 10:30 p.m. ET on Wednesday, May 8th. However, while the page was restored, we still have not received any communication from Facebook indicating why the page was taken down in the first place.

Upon a brief look at the page, no content appears to have actually been removed. In fact, the Spider-Man: Far From Home trailer article is currently the last post on the page.

We are still reaching out to Facebook to try to get an explanation of why the page was actually removed.

That’s great. Now, get off Facebook!

It’s always Year Zero

SJWs never hesitate to rewrite history, even when they are celebrating it:

Minecraft creator Markus “Notch” Persson will be excluded from the game’s 10 year anniversary plans by Microsoft. Persson, who created Minecraft and sold it to Microsoft to the tune of $2.5 billion in 2014, will not be invited to the game’s 10 year anniversary according to a Microsoft spokesperson.

A Microsoft spokesperson told Variety, “His comments and opinions do not reflect those of Microsoft or Mojang and are not representative of ‘Minecraft.” The spokesperson did indicate that Persson has not been involved with the game since he sold it in 2014.

The 10 year anniversary plans are said to take place at Minecraft studio Mojang in Stockholm. The company describes the event will look at the “past, present and exciting future of the decade-old franchise.”

I’m surprised they even acknowledged that the game has been around for ten years. In another ten years, Bill Gates will have invented it, along with the Internet.

A commitment to seppuku

Google is hell-bent on eviscerating itself. The not-at-all Orwellian-titled Global Director of Diversity, Equity & Inclusion and, apparently, Employee Engagement, made an important announcement today.

I recently stepped up to lead Employee Engagement in addition to our diversity, equity and inclusion teams. Making good on these commitments and pushing the company to meet our OKR to progress a representative and inclusive workplace are my top priorities. I care about these issues deeply. I’ve dedicated myself to this work for my entire career, and I’m proud to lead this work at Google.

Here’s what we’re announcing today:

  • We’ve simplified and clarified the way employees can raise concerns by bringing multiple channels together on a new dedicated site. We’re also providing a similar site for our temp and vendor workforce, which will be completed by June.
  • We just published (internally) our Investigations Report, the fifth annual summary of employee-related misconduct investigations, including discrimination, harassment, and retaliation, with an expanded section on sexual harassment investigations.
  • After a four-month pilot, we’re expanding our Support Person Program so that Googlers can bring a colleague to harassment and discrimination investigations.
  • We’re rolling out a new Investigations Care Program to provide better care to Googlers during and after an investigation.
  • We’re sharing a new Investigations Practice Guide outlining how concerns are handled within Employee Relations to explain what employees can expect during the investigations process.
  • We are publicly sharing our workplace policies—including our very clear policies on harassment, discrimination, retaliation, standards of conduct, and workplace conduct.

Translation: we’re making it even easier for SJWs to thought and speech police their fellow employees. There will be no space for Badthink! Renounce the God-Emperor and all his works!

Bringing the noise

People are finally learning that cringing and cowering isn’t working, and they have to fight back against the constant SJW attacks:

Dragon Ball Super: Broly voice actor Vic Mignogna has filed a lawsuit against Funimation, Jamie Marchi, Monica Rial, and Ronald Toye.

Mignogna is suing them for defamation, tortious interference with existing contracts, tortious interference with prospective business relations, civil conspiracy, and vicarious liability. The suit was filed in Tarrant County, Texas on April 18th.

Mignogna’s lawyer Ty Beard claims in the lawsuit that the defendants defamed Mignogna and “knew these statements were false or made them with negligent disregard for their truthfulness.” The suit claims that the defendants’ “conduct was willful, fraudulent, malicious, and in wanton disregard for Vic.”

He points to a number of statements made by Ronald Toye, Monica Rial, and Jamie Marchi on Twitter. Those statements include accusations that Vic Mignogna engaged in “harassment or threatening behavior.”

The suit claims that “Ronald (a Funimation agent or employee) has tweeted more than 80 times that Vic sexually assaulted or assaulted Monica, more than 10 times that Vic sexually  assaulted or assaulted three of his “very close friends,” more than 10 times that Vic has been accused of hundreds and possibly thousands of assaults, and at least 17 times that Vic is a “predator.” It also points to a number of tweets made by Rial and Marchi.

The Tortious Interference with Existing Contracts part of the lawsuit claims the Defendants “willfully and intentionally interfered with these contracts prxomiately causing cancellation, termination, even breach, of these contracts by the convention producers thereby causing Vic actual and consequential damages.” The suit points to a number of conventions canceling Vic’s appearances including Anime NYC, Ancient City Con, and others.

The Tortious Intereference with Prospective Business Relations claims, “There was reasonable probability that Vic would have entered into agreements with other production companies and conventions; however, the Defendants’ unlawful actions prevented these relationships from occurring.”

The Civil Conspiracy claims “The Defendants conspired and acted in concert to defame Vic, interfere with his existing contracts, and interfere with his prospective business relations, and each knowingly assisted an participated in the other’s actions.”

The Vicarious Liability claim notes, “At all times relevant, Jamie, Monica, or Ronald was Funimation’s employee and acting in the course and scope of her or his employment in the conduct alleged above or, alternatively, Jamie, Monica or Ronald was Funimation’s agree with actual or apparent authority to act on behalf of Funimation…or Funimation ratified her or his actions.” It notes, “Funimation is liable for the conduct of Jamie, Monica or Ronald.”

It all sounds a bit familiar, doesn’t it? This is the new reality. Deal with it.

More thought policing at Google

The situation is much, much worse at Google than the average American understands even following the James Damore disclosures. I’ve had intermittent access to their internal communications for years and you would not believe how completely out of control the SJW employees there are. They have even the highest executives at the company intimidated and police literally all the activity and communications, professional and personal, taking place inside and outside the company by the employees:

Left-wing employees at Google are threatening the employment of their colleagues amid a panic about frequent leaks revealing political bias in the company’s products and working atmosphere. Leaked internal discussion threads from Google provided exclusively to Breitbart News show left-wing Google employees reporting one of their colleagues for alleged “leaks,” while worrying about the legal implications of cracking down on a conservative at the company over his public complaints about working conditions.

The discussion took place last week on the “transparency and ethics” discussion group, from which the alleged leaker had recently been ejected – a failed attempt to stem the tide of leaks showing political bias at the tech giant.

People ask me why I’m not concerned about Google shutting down this blog given their obvious antipathy for me. First, I’ve had live backups running for over a decade and Google knows it. Second, given the amount of inside material I have assembled over the years, I suspect that one of the very last thing Google wants to do is give me an opportunity to do discovery in a European court of law, especially considering the fact that it is publicly known that I am personally banned from setting foot on their Mountain View campus.

European courts love, Love, LOVE fining Google massive amounts of money. So, creating any reasonable opportunity for a legal dispute would be tantamount to printing a winning lottery ticket.

Backers notice

If you’re in an INDIVIDUAL arbitration action, check your email. If you’re not sure, or if you’re in the group action, THIS DOES NOT MEAN YOU. Do NOT email me to ask if I mean you.

This is going to go on for a LONG time. By which I mean we might be able to expect it to be over by June 2020. I’d hate to imagine how long it would have taken if we weren’t using the Streamlined Rules.

No worries. If we’ve got one thing going for us, it is stamina.

Indiegogo hate campaign list

Indiegogo is attempting to legally strike back at ALT-HERO:Q. We believe we can very easily demonstrate the absurdity of their claims by pointing out how many of their campaigns are promoting hate by the ludicrous standard of the ADL, so I’m asking the Dread Ilk and the Reprehensibles to compile a comprehensive list of these Indiegogo hate campaigns for the legal team. This is the post to which you can add Indiegogo hate campaigns in the comments. Be sure to leave four details:

  • The name of the campaign
  • The URL of the campaign on the Indiegogo site
  • The specific hate symbol from the ADL Hate Symbol list that appears in the campaign
  • The end date of the campaign if it has ended, otherwise just note CURRENT.
All comments are moderated so don’t worry if your comment with a campaign or four does not appear immediately. Please follow the directions precisely. We need all four elements, one per line, with the SPECIFIC ADL hate symbol listed in the third line.


  • A Perfect 14
  • 14
  • June 1, 2014

A cunning change

Indiegogo just tried to make a stealthy change their to Refund Policy. It used to say this:

When are contributions not eligible for a refund?

Contributions cannot be refunded by Indiegogo, if any of the following are true:

  • The contribution funds have already been transferred to the campaign owner
  • The campaign has ended
  • The perk associated with the contribution has been fulfilled (contribution is marked as fulfilled on Indiegogo by the campaigner)
  • Indiegogo determines that there has been an abuse of our Terms of Use, or the refund policy.

Now it says this:

When are contributions not eligible for a refund?

Contributions cannot be refunded by Indiegogo, if any of the following are true:

  • The campaign owner has already received the contribution
  • The campaign has ended
  • You have received the perk that you backed on the campaign
  • Indiegogo determines that contribution is in violation of our Terms of Use or any policy

Can you figure out why they needed to make the latter change? This confirms what I suspected from the moment I noticed it. These people are stupid. And they just tacitly admitted that they don’t have a case.