Vox Day has managed to have a large number of his supporters legally doxxed in court documents with the help of his even less competent side-kick former comedian Owen Benjamin. A case filed in the Superior Court of California by crowdfunding tech company Patreon, cites seventy-two people whom they are suing due to a ‘lawfare’ campaign instigated by Day and Benjamin. I’m not linking directly to the court documents but the case “PATREON, INC. VS. PAUL MICHAEL AYURE ET AL” (Case Number: CGC20584586) can be found online via the Superior Court of California’s page https://www.sfsuperiorcourt.org/
The case connects with Day’s struggles with crowdfunding (see past coverage from me here and here) but specifically connects to Owen Benjamin (see past coverage from me here and here) who was kicked off Patreon last year according to the court documents:
Patreon Terminates the Individual Account of Owen Benjamin Smith
18. On October 9, 2019, Patreon terminated the creator account of an individual named Owen Benjamin Smith, a self-described comedian who had repeatedly engaged in hate speech, in violation of Patreon ‘s Community Guidelines. For example, over the course of approximately 18 months, Smith made offensive public statements in which he blamed black people for AIDS, mocked Hollywood rape survivors, and targeted Jewish people for scorn on the 25 basis of religion. 19. Soon after the account termination, Smith, though his attorney … filed a JAMS demand for arbitration against Patreon, asserting claims for breach of contract and tortious interference with alleged contractual relations between Smith and his former patrons on the Patreon platform. Patreon denies, and is presently litigating, these claims in arbitration….20. Smith has an online fanbase, and he responded to his termination by appealing to that fanbase to file abusive claims against Patreon for the purpose of driving up Patreon’s litigation costs and extracting a settlement unrelated to the merits of his claims.Court documents Exhibit A in DECLARATION…IN SUPPORT OF PLAINTIFF PATREON, INC.’S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION
The idea as outlined by Day elsewhere is that tech companies like Patreon often have an arbitration clause for disputes. Day’s scheme involves individual subscribers/members/sponsors/patrons/etc also demanding arbitration when a notable member of the far right is kicked off a platform. The tech company then faces not just one manageable arbitration process but potentially hundreds e.g. the Castalia House Patreon account has 1,634 patrons – a number that hasn’t changed by much (if at all) since the initial push last year and which averages as $4 per patron.
Unfortunately, according to the court documents Patreon filled in that potential hole in the terms and conditions:
According to Patreon’s court documents, Benjamin’s lawyer used the possibility of Benjamin’s followers making arbitration claims as a lever in the negotiations:
“On November 15, 2019, Mann made a settlement demand: he would proceed with the threatened 83 additional Patron Claims unless Patreon agreed to pay Smith $2.2 million and reinstate Smith’s Patreon account. Mann made clear that the payment to Smith would resolve the claims asserted by the individual patrons, stating “[o]ur intention is to address all claims -Smith’s and the individual patrons’ – in any discussions with you based upon the required relief described above.” Patreon rejected that demand”ibid
Instead, it seems the individuals may end up liable for Patreon’s court costs. According to Day this is Patreon “playing dirty” (warning: link to his blog http://voxday.blogspot.com/2020/06/patreon-plays-dirty.html )
“Since a lawsuit is a matter of public record whereas an arbitration is not, the Owen-haters on Reddit have just published all the names of the Bears being sued by Patreon. Needless to say, the Legion is on it and we will be legally retaliating very strongly in order to see that Patreon and their lawyers are severely punished for this despicable and unexpected tactic. But the doxxing has already taken place, so if any of you experiences any blowback from this, please be sure to document everything and let us know right away so that the Legion can include everything in their future filings concerning this element of the matter.”Vox Populi “Patreon plays dirty”
Day is also reassuring the Owen Benjamin fans (aka “Bears”):
“If you’re one of the Bears concerned, please don’t worry about anything. It’s going to be fine. The Legion – and more – are on it, and everyone will have your back, just as you have had Owen’s. This is an absolutely desperate move by Patreon to try to further delay your arbitrations against them because they are losing very badly. And if you’re wondering how this joke of a lawsuit can be a matter of public record when you haven’t even been served, exactly. As you can see here, Patreon’s lawyers are not following any of the rules of either the legal or the arbitration processes, which is one of the reasons they are losing so consistently and comprehensively.”Vox Populi “Patreon plays dirty”
Day predicts that Patreon’s actions will lead to its destruction (where have we heard that before?)
“So, it is increasingly looking like there either won’t be a Patreon by the end of the year or Owen and the Bears will own it. It’s rather like finding yourself fighting a duel with someone who genuinely believes his most effective attack is to disembowel himself.”Vox Populi “Patreon plays dirty”
In an earlier post this month, Day made a similar prediction:
“Of course, literally all of the relevant law and case law, both state and Federal, points to this being either a) Patreon attempting to commit suicide by law, or b) Patreon’s lawyers desperately trying to convince Patreon to keep writing them the checks that it shouldn’t have written in the first place. This legal “strategy”, to the extent that one can call it that, is so obviously futile that if you’re financially dependent upon Patreon in any way, I would not count on it being around in 12 months.”http://voxday.blogspot.com/2020/06/patreon-ups-ante.html
Quite what will all happen at the end of this, I don’t know. Day has a long history of starting or threatening to start legal disputes. However, I can’t say I have yet to see an actual clear resolution to any of them (the closest in the time I’ve been running this blog has been the Indiegogo dispute whose resolution is unknown). It is worth noting that just because Day has a very flexible concept of what counts as a victory and Owen Benjamin thinks the world is flat and that bleach is medicine, that doesn’t mean they will definitely lose.
The topic is being discussed on various subreddits hostile to Day and Benjamin as well as in Day’s and Benjamin’s own videos.
[ETA the court website also has dates for when the next steps will happen:
|2020-11-04 10:30 AM||CASE MANAGEMENT CONFERENCE|
|2020-07-13 9:30 AM||Order To Show Cause Re Preliminary Injunction [Opposition – 6/29; Reply – 7/06)|
|2020-06-30 9:30 AM||Notice Of Motion And Application For Order To Show Cause Re Preliminary Injunction|
Looks like this will drag on for months.]