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Cernovich's profile
Cerno
Cerno
Cerno
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@Cernovich

🎥 📚 🗞Best-selling author and filmmaker. Works include Hoaxed (movie and book), and Gorilla Mindset.

Orange County, California
Cernovich.com
Joined August 2011

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    Cerno‏Verified account @Cernovich 13 Jul 2020

    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.

    9:38 AM - 13 Jul 2020
    • 766 Retweets
    • 2,255 Likes
    • StupidMinotaur Skeptical Faith Kavokie Save Parler Len Hubbard kat zapp TrinTong Mark Bolier sum CAUSSA Parlour @LouiseNhCa9
    110 replies 766 retweets 2,255 likes
      1. New conversation
      2. Cerno‏Verified account @Cernovich 13 Jul 2020

        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/ …

        8 replies 132 retweets 706 likes
        Show this thread
      3. Cerno‏Verified account @Cernovich 13 Jul 2020

        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.

        2 replies 131 retweets 764 likes
        Show this thread
      4. Cerno‏Verified account @Cernovich 13 Jul 2020

        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.

        3 replies 101 retweets 823 likes
        Show this thread
      5. Cerno‏Verified account @Cernovich 13 Jul 2020

        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.

        3 replies 84 retweets 723 likes
        Show this thread
      6. Cerno‏Verified account @Cernovich 13 Jul 2020

        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.

        1 reply 93 retweets 751 likes
        Show this thread
      7. Cerno‏Verified account @Cernovich 13 Jul 2020

        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.

        25 replies 201 retweets 1,376 likes
        Show this thread
      8. Cerno‏Verified account @Cernovich 13 Jul 2020

        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!

        4 replies 103 retweets 879 likes
        Show this thread
      9. Cerno‏Verified account @Cernovich 13 Jul 2020

        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.

        44 replies 802 retweets 2,830 likes
        Show this thread
      10. Cerno‏Verified account @Cernovich 13 Jul 2020

        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/ …

        41 replies 444 retweets 1,745 likes
        Show this thread
      11. Cerno‏Verified account @Cernovich 13 Jul 2020

        You can follow the Patreon lawsuit live here:https://sfsuperiorcourt-org.zoom.us/j/5769311740?pwd=Qnp6Mys2ckhCREVvVkdEUnJSUVZqUT09 …

        4 replies 83 retweets 468 likes
        Show this thread
      12. Cerno‏Verified account @Cernovich 13 Jul 2020

        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.

        3 replies 53 retweets 444 likes
        Show this thread
      13. Cerno‏Verified account @Cernovich 13 Jul 2020

        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.

        4 replies 108 retweets 624 likes
        Show this thread
      14. Cerno‏Verified account @Cernovich 13 Jul 2020

        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.

        6 replies 92 retweets 806 likes
        Show this thread
      15. Cerno‏Verified account @Cernovich 13 Jul 2020

        "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/ …

        4 replies 81 retweets 495 likes
        Show this thread
      16. Cerno‏Verified account @Cernovich 13 Jul 2020

        "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.

        5 replies 54 retweets 492 likes
        Show this thread
      17. Cerno‏Verified account @Cernovich 13 Jul 2020

        Patreon "changed the rules of the game in the middle of the game," the judge tells Patreon's lawyer.

        12 replies 89 retweets 707 likes
        Show this thread
      18. Cerno‏Verified account @Cernovich 13 Jul 2020

        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!

        6 replies 50 retweets 454 likes
        Show this thread
      19. Cerno‏Verified account @Cernovich 13 Jul 2020

        The judge in Patreon case is fantastic, he's well prepared and really did his homework. Impressed with him for sure.

        4 replies 55 retweets 586 likes
        Show this thread
      20. Cerno‏Verified account @Cernovich 13 Jul 2020

        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.

        4 replies 79 retweets 572 likes
        Show this thread
      21. Cerno‏Verified account @Cernovich 13 Jul 2020

        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*

        24 replies 81 retweets 713 likes
        Show this thread
      22. End of conversation

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