diff --git a/JacobAppelbaumLeavesTor.md b/JacobAppelbaumLeavesTor.md index cad249e..7dd7c58 100644 --- a/JacobAppelbaumLeavesTor.md +++ b/JacobAppelbaumLeavesTor.md @@ -1586,4 +1586,4 @@ On October 2nd, **The Verge** writer [Russell Brandom](https://twitter.com/russe On January 6th 2020, they tweeted about "[your duty as an ally to report it to the organisers if you see a known abuser in attendance](https://web.archive.org/web/20200107205056/https:/twitter.com/isislovecruft/status/1214298799109074944?lang=en)," and "if the organisers do nothing, it’s also your duty to remove the abuser from the conference." This was in reference to [Kobeïssi](https://archive.ph/Bubhb), presumably because he was [planning](https://web.archive.org/web/20200108123912/https://twitter.com/kaepora/status/1214222925881987073?lang=en) to attend the '[Real World Crypto Symposium](https://archive.is/hPdIF)' in [New York City](https://archive.is/0PUtd). Lovecruft [claimed](https://web.archive.org/web/20200106220837/https:/twitter.com/isislovecruft/status/1214300886819729408) that he had admitted to "sexually assaulting me at a conference in Rio in 2012" within his declaration for [*Todd v. Lovecruft*](https://web.archive.org/web/20190730015012/https://www.courtlistener.com/recap/gov.uscourts.cand.340308/gov.uscourts.cand.340308.27.0.pdf). However, Kobeïssi had only stated that he had "politely kissed Defendant on the cheek (as relatives would greet each other)" during "social activities outside of conferences." According to Garrett, who [reported Kobeïssi to organizers](https://web.archive.org/web/20200109014755/https:/twitter.com/mjg59/status/1215063776812306432?lang=en), the event would not remove him unless someone had [a restraining order](https://web.archive.org/web/20200108213626/https:/twitter.com/mjg59/status/1215018081589825538?lang=en). -On the same day, Judge Ryu filed [her order on Lovecruft's motion to strike](https://web.archive.org/web/20200108143447/https://www.courtlistener.com/recap/gov.uscourts.cand.340308/gov.uscourts.cand.340308.53.0.pdf). She "agrees with Todd that there are two types of defamatory messages at issue: Lovecruft’s statements that Todd sexually assaulted and/or raped someone other than Lovecruft, and Lovecruft’s statements that Todd engaged in sexual misconduct toward Lovecruft." The court considered four statements that had been submitted and concluded that, if they are false, "Todd has made a prima facie case" that the second statement is "defamation per quod," while the first, third, and fourth statements are "defamation per se." Because "Todd has not made a prima facie showing that Lovecruft failed to use reasonable care in accusing Todd of raping or sexually assaulting someone other than Lovecruft," they granted the motion to strike regarding those statements. However, "the motion is denied as to Lovecruft’s personal accusation against Todd in the Fourth Statement." A further [case management hearing](https://web.archive.org/web/20200108150554/https://www.courtlistener.com/recap/gov.uscourts.cand.340308/gov.uscourts.cand.340308.54.0.pdf) was set for March 4th. +On the same day, Judge Ryu filed [her order on Lovecruft's motion to strike](https://web.archive.org/web/20200108143447/https://www.courtlistener.com/recap/gov.uscourts.cand.340308/gov.uscourts.cand.340308.53.0.pdf). She "agrees with Todd that there are two types of defamatory messages at issue: Lovecruft’s statements that Todd sexually assaulted and/or raped someone other than Lovecruft, and Lovecruft’s statements that Todd engaged in sexual misconduct toward Lovecruft." The court considered four statements that had been submitted and concluded that, if they are false, "Todd has made a prima facie case" that the second statement is "[defamation per quod](https://definitions.uslegal.com/d/defamation-per-quod/)," while the first, third, and fourth statements are "[defamation per se](https://definitions.uslegal.com/d/defamation-per-se/)." Because "Todd has not made a prima facie showing that Lovecruft failed to use reasonable care in accusing Todd of raping or sexually assaulting someone other than Lovecruft," they granted the motion to strike regarding those statements. However, "the motion is denied as to Lovecruft’s personal accusation against Todd in the Fourth Statement." A further [case management hearing](https://web.archive.org/web/20200108150554/https://www.courtlistener.com/recap/gov.uscourts.cand.340308/gov.uscourts.cand.340308.54.0.pdf) was set for March 4th.