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Reporting live from a major legal action involving Patreon and several former patrons of Owen Benjamin.
Several former patrons of Benjamin filed arbitration actions against Patreon after Benjamin was banned.
Patreon then sued those former backers in California state court.
Several former patrons of Benjamin filed arbitration actions against Patreon after Benjamin was banned.
Patreon then sued those former backers in California state court.
Owen Benjamin's backers filed arbitration actions under a clever workout unique to California law.
More detail here: https://www.cernovich.com/patreon-mandatory-arbitration/
More detail here: https://www.cernovich.com/patreon-mandatory-arbitration/
Under California law, Patreon is obligated to pay *in advance* all of the arbitration fees required in the case involving Owen Benjamin's former backers.
Millions of dollars.
Seeking to avoid these fees, Patreon moved for an injunction in to shut down the arbitrations.
Millions of dollars.
Seeking to avoid these fees, Patreon moved for an injunction in to shut down the arbitrations.
Several people who are *not* lawyers claim that Patreon will prevail in its motion against Owen Benjamin's backers.
In fact the law is pretty clear.
Patreon should lose its lawsuit and be sent back to arbitration.
I'll report live once the Court has issued its ruling.
In fact the law is pretty clear.
Patreon should lose its lawsuit and be sent back to arbitration.
I'll report live once the Court has issued its ruling.
After Patreon sued Owen Benjmain's former backers, the so-called "bears" retained prominent lawyer @marcorandazza to represent them against Patreon.
I am here live reporting on this hearing.
More details to come.
I am here live reporting on this hearing.
More details to come.
Court, "The tentative ruling is to DENY the motion for injunctive relief."
Patreon has presumably lost, unless they are able to persuaded the judge at this hearing to reverse himself.
Patreon has presumably lost, unless they are able to persuaded the judge at this hearing to reverse himself.
The judge is hammering Patreon's lawyer, and is not impressed with his arguments.
Looks like Patreon is about to lose here, and lose badly.
Looks like Patreon is about to lose here, and lose badly.
Unless the judge in Patreon reverses himself, then Patreon's loss in court today will be devastating.
They will be on the hook for hundreds of arbitration fees.
But anything can happen in any given moment.
Will the judge overrule himself?
We will soon find out!
They will be on the hook for hundreds of arbitration fees.
But anything can happen in any given moment.
Will the judge overrule himself?
We will soon find out!
Under the Court's preliminary ruling,
ANY LARGE CREATOR banned by Patreon
can have his or her backers move for arbitration.
Patreon will have to pay millions of dollars in legal fees upfront.
This is a HUGE workaround for Big Tech censorship.
ANY LARGE CREATOR banned by Patreon
can have his or her backers move for arbitration.
Patreon will have to pay millions of dollars in legal fees upfront.
This is a HUGE workaround for Big Tech censorship.
The logic being applied in the Patreon can could be used against PayPal when PayPal bans accounts.
This Patreon lawsuit outcome has major implication.
A new legal front just opened up. https://www.cernovich.com/patreon-mandatory-arbitration/
This Patreon lawsuit outcome has major implication.
A new legal front just opened up. https://www.cernovich.com/patreon-mandatory-arbitration/
You can follow the Patreon lawsuit live here: https://sfsuperiorcourt-org.zoom.us/j/5769311740?pwd=Qnp6Mys2ckhCREVvVkdEUnJSUVZqUT09
Patreon's lawyers is citing cases that he didn't disclose to opposing counsel @marcorandazza, which is not standard practice.
Judge seems like he may seek further briefing on a procedural issue.
Judge seems like he may seek further briefing on a procedural issue.
Patreon bans Owen Benjamin.
72 of Benjamin's backers tell Patreon they will move for arbitration.
Patreon amended its TOS to bar those claims.
Backers move for arbitration.
Patreon loses procedural rules in arbitration.
Lawsuit against those backers is filed.
72 of Benjamin's backers tell Patreon they will move for arbitration.
Patreon amended its TOS to bar those claims.
Backers move for arbitration.
Patreon loses procedural rules in arbitration.
Lawsuit against those backers is filed.
The judge in Patreon case is very straight-laced guy, understands the law.
He is wondering why so many people are watching the hearing.
Culture clash for sure.
He is wondering why so many people are watching the hearing.
Culture clash for sure.
"The arbitration claims will be substantial," Patreon's lawyer says in claiming that Patreon will suffer irreparable harm.
The judge cites the "gig economy" lawsuit Door Dash lost in response to Patreon's lawyer's argument. https://www.courthousenews.com/doordash-ordered-to-pay-12m-to-arbitrate-5000-labor-disputes/
The judge cites the "gig economy" lawsuit Door Dash lost in response to Patreon's lawyer's argument. https://www.courthousenews.com/doordash-ordered-to-pay-12m-to-arbitrate-5000-labor-disputes/
"We understand that the old agreement allowed for gamesmanship," Patreon's lawyer said, which is why Patreon changed the Terms of Service.
Judge is pushing back re: how Patreon unilaterally changed the TOS.
Judge is pushing back re: how Patreon unilaterally changed the TOS.
Patreon "changed the rules of the game in the middle of the game," the judge tells Patreon's lawyer.
Now @marcorandazza is up in the Patreon vs. Owen Benjamin's backers lawsuit.
The Court's tentative ruling went against Patreon, but oral argument may have persuaded the judge to modify his order.
High legal drama happening in San Francisco Superior Court!
The Court's tentative ruling went against Patreon, but oral argument may have persuaded the judge to modify his order.
High legal drama happening in San Francisco Superior Court!
The judge in Patreon case is fantastic, he's well prepared and really did his homework. Impressed with him for sure.
Marc Randazza argues:
- Patreon set up the Terms of Service to mandate arbitration.
- Patreon lost rulings in arbitration.
- Now Patreon wants a Court order to stop the arbitrations.
- Patreon set up the Terms of Service to mandate arbitration.
- Patreon lost rulings in arbitration.
- Now Patreon wants a Court order to stop the arbitrations.
The judge is seeking further briefing on a procedural legal issue and will take the matter under submission.
The tentative ruling went against Patreon, but the Court is going to ask for further briefing.
We will have to wait a couple of weeks for a formal judgment!
*Suspense*
The tentative ruling went against Patreon, but the Court is going to ask for further briefing.
We will have to wait a couple of weeks for a formal judgment!
*Suspense*
