Tag: ELoE

The doctrine of unconscionability

Just a little light reading that has occupied a few members of the Legion of late:

“The doctrine of unconscionability ‘ “ ‘refers to “ ‘an absence of meaningful choice on the part of one of the parties together with contract terms which are unreasonably favorable to the other party.’ ” ’ ” ’  [Citations.]  There is both a procedural and substantive aspect of unconscionability; the former focuses on ‘oppression’ or ‘surprise’ due to unequal bargaining power, the latter on ‘overly harsh’ or ‘one-sided’ results.  [Citation.]

‘ “Both procedural and substantive unconscionability must be present for the court to refuse to enforce a contract under the doctrine of unconscionability although ‘ “they need not be present in the same degree.” ’  [Citation.]  Essentially the court applies a sliding scale to the determination:  ‘ “[T]he more substantively oppressive the contract term, the less evidence of procedural unconscionability is required to come to the conclusion that the term is unenforceable, and vice versa.” ’ ” ’  [Citation.]  Absent conflicting evidence, the trial court’s unconscionability determination is a question of law subject to de novo review.  [Citations.]”  (Ramos v. Superior Court (2018) 28 Cal.App.5th 1042, 1063 (Ramos); see also Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 113–114 (Armendariz).)

Everything up to now has just been prelude. The Death Star is now fully operational. If you’re both a Rubble Bouncer and a Replatformer, be ready for the green light.

UPDATE: You will know things are well underway when Patreon revises its TOS again and removes the restrictions it inserted on December 20th before February 6th.

Speaking of hunting trolls

A word of advice: emailing us nothing but a link to a video and saying “this video is in violation” is entirely useless. If you want to help, then please put in the work that will actually reduce the workload of others.

This is what a proper copyright violation report looks like:

1. Copyright Infringement Notification
What is the issue?

 Copyright infringement (Someone copied my creation)

2. Copyright infringement – Who is affected?

 My company, organization, or client

3. Videos to be removed

∗ URL of allegedly infringing video to be removed:

Describe the work allegedly infringed:
∗ The YouTube URL of my original video: 

∗ Where does the content appear?

Timestamps:
Where does your work appear in the targeted video?
 to
Where does it appear in your source video?
 to

Note that without the timestamps from BOTH the original and the violating video, the lawyers cannot submit the copyright infringement notification. So, if you’re not going to provide that, there is no point in providing anything.

I understand people are simply trying to help. But the key word there is “trying”, as it is vital to understand that actual help requires REDUCING the burden upon others, not INCREASING it. Which is why just bringing something to someone’s attention cannot reasonably be described as helping.

No despair nancies

If you’re going to be a despair nancy, just go away now. Take that weak, worrisome “I just fear bad things will happen to people who are braver than me” bullshit to Hell from whence it came. You are literally worse than useless. If you were truly concerned, you’d be praying for them in silence, you wouldn’t be issuing what could quite reasonably be seen as implicit threats in public.

Understand this is a hard and fast rule. If you are a demoralizer, if you are a black-piller, you WILL be banned. Period. And I don’t give an airborne rodent’s posterior if your fear is genuine. In fact, that would be all the more reason to banish you from our midst.

WE are not given a spirit of fear. If YOU are, then obviously you are not us.

If you can’t steel yourself and find the courage to stand in the ranks without flinching, then we neither need nor want you at our sides.

A Presidential candidate meets the Dread Ilk

Scooter Downey@TrueLegendFilms
Is this a real @marwilliamson tweet?

Marianne Williamson@marwilliamson
Not only is it NOT a real Marianne Williamson tweet; it is particularly distressing because it is made to look as though it is.

Scooter Downey@TrueLegendFilms
That’s good to know! Follow up: are you a witch?

Benjamin Franklin@benFranklin2018
I also saw this old one floating around – can you confirm or deny whether this is real or not?

Marianne Williamson@marwilliamson
No!!!

Benjamin Franklin@benFranklin2018
ok, thank you, it seemed a little counter to the overall love message.

I can’t help but notice that Ms Williamson rather conspicuously did NOT deny being a witch….

Round two: fired

The leader of the AH:Q backers’ class-action claim against Indiegogo has just informed me that their joint demand for arbitration has been sent off to both the arbitrator and Indiegogo’s VP/General Counsel. As per their recent research, they have added a claim of tortious interference by Indiegogo in the separate agreement between the campaign backers and Arkhaven.

If you are a backer of the AH:Q campaign on Indiegogo but are not one of the 195 class-action claimants – please don’t even THINK about asking if you are one of them, as if you have to ask, then you are not a part of it – you can still file your own demand for arbitration and the lawyers handling the class action have prepared a package that will help you do so. Note that it will cost $250 to file the claim, but that plus the cost of sending two registered mailings will be the full extent of your expenses, as stated in the Indiegogo Terms of Use.

If you are interested in filing your own demand, but have not already contacted me about doing so, please feel free to email me and I will pass your email on to the relevant parties.

Mission successful

Excellent work, everyone. Seriously, excellent work by the ELoE. If you missed out, don’t worry, phase two is expected to launch in November and it’s going to be even better than those in the know presently believe. In the meantime, don’t talk about it.

The advance proceeds on all fronts.

Do it now!

If you received an email recently, this is the time to do it. There are no problems at all, the objective here is maximum impact and there is still a considerable quantity of ammo in reserve. So, don’t delay, take action now if you can.

And if you didn’t receive an email, sit tight. The call will come and it won’t be long. Days, not weeks.

UPDATE: BOOM! Objective achieved with 39 minutes to spare. Well done. I’ll announce what it was in a few days. In the meantime, please continue to pour it on.

Amerika

If you can’t find USA or United States, try AMERIKA. Also, Canada is KANADA.

If you don’t understand this, don’t worry about it. And if you were a backer of the Alt-Hero:Q campaign on Indiegogo, please check your email for an important message about that campaign. If you didn’t receive one – and I have received about 20 delivery failure notifications – email me and be sure to provide the email address you used on the Indiegogo campaign in the body of the message.

And don’t comment here or anywhere else about it. We will make the announcement when we’re ready. The ride never ends.

Leave no one behind

Brian Niemeier decries the excessive individualism on the Right:

The Left wouldn’t bother trying to disemploy and de-platform hatefact purveyors on the Right if Conservatives didn’t indulge them.

It’s been said before, and it bears saying again: Conservatives’ main weakness is their critical lack of solidarity. It comes from the nasty individualist streak in their capitalist and Liberal influences. I’ve seen right-leaning business owners flatly refuse employment to like-minded friends because the job-seekers’ unemployment exceeded an arbitrary 18 month limit. Even an otherwise solid guy like Stefan Molyneux, who speaks passionately about the need to put winning first, says he won’t hire people who’ve “lost momentum”.

One big advantage of being on the Left is that, if you check the right boxes and recite the proper credal formulas, the cult looks out for you. Note the curious phenomenon of lefties in media and business “failing upward”. SJW editors from protected groups who bankrupt venerable sci-fi magazines don’t have to apply at Target. They’re given cushy writing assignments at Marvel Comics. When their unreadable books are inevitably cancelled, there’ll be junior college associate professorships waiting to break the fall.

Conservatives who publicly speak uncomfortable truths are in for a rougher ride. First, the bow tie-bedecked moderates can be counted on to show up and virtue signal at the victim’s expense. “Sure, he denounced the harassment,” they’ll say, “but if he meant it, he’d disavow his unruly followers who’re causing all the trouble.” Always conveniently forgotten is the fact that it’s the Left who are stirring up fake outrage to distract from their loss.

After that, the employer will decide it’s best to discontinue their working relationship with the victim because nothing says “sound, long-term business planning” like sacrificing a productive employee who reliably adds value to the company for the sake of dispersing an angry mob that would’ve lost interest and gone away on its own if management had just ignored them.

As the years have passed, I’ve gradually been forced to recognize the truth of this. No matter how good you are, no matter how smart, no matter how capable, you can only go so far on your own. I can write, but I can’t draw and I don’t even own a working color printer, so how could I possibly produce a comic without the assistance of a whole team of others? How can one be a Dark Lord of nothing and no one?

I’m as guilty of not looking to help out those who have come under SJW attack as anyone, so don’t think that I’m pointing fingers at anyone here. And I am fully aware that not everyone is going to take full advantage of any assistance that is provided. Some people are self-destructive, some people are just difficult, some are socially retarded, and some just seem to be born losers. The mere fact that someone is on the Right doesn’t make them inherently productive, likable or competent.

Even so, that doesn’t detract from the importance of not leaving people behind and looking to help those who have been successfully swarmed and disemployed.