A judge in Los Angeles County ruled that Billy Mitchell (Billy Mitchell) met the “minimum merit”
Mitchell said in court documents that Twin Galaxies’ statements on the matter falsely and implicitly suggested that he was a liar, and that the organization’s investigation ignored many witnesses’ testimony of his actions. Mitchell argued that the Gemini case was “essentially on a conspiracy as widespread (and untenable) as the Kennedy assassination: dozens of people across the country who don’t seem to have contact with each other have agreed to lie and fabricate rice. Chel obtained evidence of his record. On the arcade software.”
Where’s the witness?
In the ruling on Twin Galaxy’s anti-SLAPP motion, Judge Gregory Alarcon ruled that Mitchell is a public figure in the gaming community, and Twin Galaxy is discussing public interest disputes in the community. This means that Mitchell will have to prove the falsehood of the “Gemini Galaxy” claims in the trial and the organization’s actions when it made “false facts.”
Although the ruling was cautious, the score was not “weighed the evidence or resolved conflicting factual claims” until the full trial, and Judge Alarcon did make some suggestions on the evidence he considered strong. In particular, the judge seemed interested in why the Gemini Galaxy refused to interview the witnesses proposed by Mitchell to prove the authenticity of its score performance.
Alarcon specifically pointed out that the interview with the referee involved certifying what Mitchell said he had achieved at the 2007 Florida Mortgage Brokers Association Conference, which seemed to be related to “the integrity of the machine viewed by the referee.” But the referee trusted Todd Rogers was also suspended for claiming to be scored on Atari’s score. Dragster It is considered physically impossible.
In any case, Twin Galaxies insisted that such testimony was unnecessary in the judgment, because the controversy only focused on video evidence, and it believed that it could not be generated by a real arcade PCB.
Judge Alarcon still pointed out in the ruling: “Nintendo’s senior engineers seem to be able to at least support PCB hardware in its original and/or unmodified state after verification; [Twin Galaxies] The reason for the failure to investigate this information has not been provided [Mitchell] Claim. It sounds like the failure was to avoid information, not not to investigate…”
What about video evidence?
Even though Mitchell had already assumed the burden of the “lowest merit” in the anti-SLAPP bill, Judge Alarcon wrote that the “Gemini Galaxy” “satisfied a low burden in another bill to show a reasonable possibility of winning the case.” Sex”.
The scoreboard has reported to “[support] The judge wrote that its statement did not show actual malice. It supports that the Gemini Galaxy has no doubt about the authenticity of its statement, because its statement was made after the Gemini Galaxy conducted a long investigation into the dispute.Testimony [Twin Galaxies owner and CEO Jace] Hall believes that evidence that does not require eyewitnesses may reasonably be added [Twin Galaxies’] Agree on this point, destroy [Mitchell]claim [Twin Galaxies] Ignore the facts regardless of the consequences. “
Alarcon also quoted Carlos Pineiro and David Race’s technical evaluations, both of which pointed out that it is impossible to play related videos through unmodified arcade PCBs. These assessments”[go] to [Twin Galaxies’] The affirmative defense of the statement of truth constitutes a complete defense of defamation and provides support for the reasonable possibility of winning in this affirmative defense. “
Since Mitchell is not a resident of California, the judge ordered him to pay a deposit of US$81,225 to cover the anticipated legal costs of Winning Galaxy’s victory.
In a statement posted on Twitter, Mitchell quickly declared the ruling a massive legal victory. Mitchell wrote: “I defeated the Twin Galaxy in court. This was a misleading attempt to prevent me from appearing in court on defamation charges.” “To defeat the anti-SLAPP bill, I need to prove that I have won the lawsuit. “Possibility”, therefore, the jury should be heard in court. This is what I did.”
However, Twin Galaxies lawyer David Tashroudian said to Ars Technica that Mitchell “has achieved a great victory in this regard and he will win the trial. This is not the case.”
Tashrudian said that Mitchell was helped in the anti-SLAPP bill because “the court will definitely accept any facts raised by Mitchell at this early stage.” This includes many rumors that Tashruan said. In the evidence, which involved a phone call, Hall allegedly told Mitchell and Walter Day, the founder of the Twin Galaxy, that he “didn’t care about certain evidence.”
“The court has no power to determine the credibility of these statements [at this point] And they must be accepted as true,” Tashroudian told Ars.[At trial] We will be able to prove that Mitchell is not credible because there are many false records in his papers. I believe… after all the evidence has been cited, the facts will come out when Billy is removed and not allowed to hide behind the statement. “
The case is now moved to a management meeting scheduled to be held on December 4, where a trial timetable and a more comprehensive inspection of the evidence will be determined.