Post Verdict Dispute Discussion: Jeremy Young - Arcade - Donkey Kong - Points [Hammer Allowed] - Player: Billy L Mitchell - Score: 1,062,800

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  1. 10-12-2021, 01:34 PM
    I think this is the video you're after. The relevant portion starts at 5:34:

    Okay, you'll have to search YouTube yourself under the title "the Kooks of Kong promo"
    Last edited by The Evener; 10-12-2021 at 01:37 PM.
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  2. 10-12-2021, 02:21 PM
    Upon re-reading, I wasn't completely sure if you wanted to see Roy's prediction, or Roy's interview with Todd at the Big Bang, so I'll share that, too. As a compare and contrast exercise, I've also included Todd's sworn declaration to the court on the circumstances of the Boomers score. See if you can identify any differences or similarities.

    First, the interview with Todd at Big Bang:

    Roy: So tell us about the record that Billy set last Saturday [July 31]
    Todd: Well, there was no intent in the beginning to break any records. I went down there to shop for tarantulas, so since I was in the area, I had given him a call and said "Hey"
    Roy: So that was Saturday, August, or July
    Todd: Last day of July, first part of August
    Roy: Today's the 6th - It would have been July 31st, right
    Todd: Something like that
    Roy: So he just walks in a week before the Big Bang, sets two Donkey Kong
    Todd: Well, you don't just walk in, like I told you earlier, nothing was arranged, and um, since I was in the area, we set up [?] with the idea of having Bill Mitchell against Todd Rogers at Donkey Kong, blindfolded, just to take him out of his element of gaming, and it progressed to, "since i'm here, I want to see a stellar performance, show me what you got on Donkey Kong," and it developed into a game play...I'm not going to say how much, but he broke his [Hank Chien's] record,
    Roy: Just like that, and he broke the Donkey Kong Jr record
    Todd: Well ya, because he was asking me what would I do, would you go for both records, or just go for one, but I say, but you're not me, I says I'd do both, but I would push the record up so high that a person would not be able to touch it

    Roy Shildt at the video hall of fame Todd Rogers telling a story


    Here is Todd's declaration, recalling the same event 10 years later:

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    Now either Todd or someone working with Billy seems to be under the impression that you can be interviewed about an event a week after it a happened and recount it, and then 10 years later present a recollection of that event - which bears no resemblance to the original account - to a court and think that only the court-submitted version counts and that we can forget about the original one.

    Right.
    Last edited by The Evener; 10-12-2021 at 02:47 PM.
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  3. 10-12-2021, 03:29 PM
    thank you.

    something that comes up alot with these arguments (not just with billy and his scores)
    "well sure ok i see that now, but you have the benefit of hindsight which is 20/20, noone knew then i had no way of knowing noone even suspected, there werent even whispers"
    "um, but this person told you multiple times, so at least he knew and he did tell you, theres a record of you two arguing about it here"
    "i dont care what he said"

    alot of times i learned when people say "noone even suspected" what they mean is "lots of people suspected, lots of people warned us, we argued endlessly, but i chose to ignore them, therefore they dont count, noone warned us".

    obviously someone can be right, and reasonably dismissed at the time if they lack credibilty, fine and good. That's complex. But what really irks me is that the defense isnt "the only people warning us lacked proper crediblity" but rather the complete rewrite of history claiming no warning even existed.

    roy did not present the iron clad evidence jeremy presented, obviously, but the whole "there were no warnings" and "all standards of the day were met" is such bs
    Lode Runner champ, also, Roy was right
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  4. 10-13-2021, 06:23 AM
    i was forwarded this, it appears tg lost the appeal of the anti-slapp. Imagine they'll be a big new discussion on how much of a win/loss that is, but the bright side i see, is it at least brings everything one step closer to finally being done
    https://www.courthousenews.com/wp-co...Im9bLtDIxB5bgQ
    Lode Runner champ, also, Roy was right
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  5. 10-15-2021, 09:25 AM
    Lode Runner champ, also, Roy was right
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  6. 10-15-2021, 11:50 AM
    That is a great find, @Snowflake

    I used to read Techdirt daily, back in the day. A great site with lots of legal analysis of copyright matters and other rights in the digital realm.

    From the author: It's incredibly important in a case like this to keep that standard in mind. And, though some folks, including some at Techdirt, don't necessarily agree with me, I think I agree with the court's ruling on this. Given the minimal merit standard, it seems the court is simply reluctant to not let this proceed to trial.And, as I stated in the last post, to discovery. And it's going to be in discovery where all of this gets far more interesting. Because at trial, there will be no minimal merit standard for the claim of defamation. Instead, Mitchell is going to have to prove two things: that the accusation of cheating is false and that Twin Galaxies made that claim not out of error, but out of "actual malice".

    Billy has apparently met the minimum standard. MINIMUM.

    How can he prove malice?
    How can he prove he didn't cheat?
    If he could prove he didn't cheat, why has he not done that yet?


  7. 10-15-2021, 12:01 PM
    Basstabs make a great point. If Billy didn't cheat, he needs to prove that. If he can prove it, then it will mean TG is not responsible for defamation because they did not have access to that proof! In fact Team Billy has said on many occasions that they will show all the proof they need during a trial. To me, that shows real malice. "Oh? You think I cheated? Well go ahead. Make your case. I won't defend myself, I'll just sue you for every penny you have."



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  8. 10-15-2021, 05:17 PM
    The short of the anti-SLAPP appeal ruling is basically: "He has presented his case in a way that is compelling enough to warrant a trial and as such we can't really weigh much of the evidence against him." I've come to realize that the anti-SLAPP statute really isn't designed for cases structured like this.

    Kinda rough to read through, but I'm going to try staying optimistic here and hope that the actual trial won't end up like this too. What Basstabs has pointed out is really interesting though, and I wholly agree with it. There's also still the countersuit.

    Edit: TG's evidence was taken into some consideration, but the court showed how Mitchell's points countered the evidence presented, abiding by the whole prima facie clause. Some serious points were left out that should have given TG credence which Mitchell didn't properly counter, yet it prioritized the aspects Mitchell did try to counter.
    Last edited by Streetwize; 10-16-2021 at 02:05 PM.
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  9. 10-15-2021, 11:01 PM
    Quote Originally Posted by datagod View Post
    Basstabs make a great point. If Billy didn't cheat, he needs to prove that. If he can prove it, then it will mean TG is not responsible for defamation because they did not have access to that proof! In fact Team Billy has said on many occasions that they will show all the proof they need during a trial. To me, that shows real malice. "Oh? You think I cheated? Well go ahead. Make your case. I won't defend myself, I'll just sue you for every penny you have."
    Billy Mitchell's engineer swapping sides mid-lawsuit, The board swap tape where the pcb boards were not DK Jr as claimed, The strange laptop in the background of that clip as I mentioned years ago just sitting RIGHT NEXT to the cabinet, Billy Mitchell's score being published within a few days of it happening specifically BEFORE Big Bang as the previous clip with Roy shows, He's just sitting there signing off hot sauce with no machine around to even show a demonstration or to let others attempt to beat the published score at an event in fear of being beaten perhaps. There is just too much suspicious actions and coincidences aligned to NOT suspect foul play.

    Billy has had years of time to provide these facts, however what strikes me as odd was this video I found of a video-hearing of recent


    In it, Billy stated (IN COURT) that Twin Galaxies as an entity went inactive as a corporation and couldn't be contacted.
    I thought Billy already had lawyers that would represent and attend these hearings with him.

    All these "emotionally driven lawsuits" Don't really work out all too well and most won't even take him as a client cause he wasn't able to show loss of physical profit and/or show his would be attorney this "proof" which was not specified by GWR (Which they claim to have seen, but not stated or showed.) Which personally I find disgusting and unreliable of Guinness World Records to not be clear on the matter.

    Is Guinness no longer on the same page with gaming history integrity put to the books or is it out to line its pocket in private from investors?
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  10. 10-16-2021, 09:39 AM
    As I already explained once, this specific lawsuit was filed pro se, meaning without an attorney. At the point of the hearing he still hadn't lawyered up for this particular lawsuit. If he actively pursued TG in a second lawsuit then there would be a lot of legal issues. This one was filed likely as a backup, but Billy chose to be irresponsible and procrastinate on the notice of dismissal when he could have easily gotten away with these lies had he not waited.

    What really bugs me about the anti-SLAPP ruling was that the evidence proving Dwayne was innocent was submitted, right? Dwayne's tampering was brought up but not the footage from 2006. That alone should be compelling enough to tear a huge hole in his claim, but whatever.
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