Nijisanji L Collection

[Superduper Samurai]

She was utterly retarded for letting something as damning as the aster allegations be half-answered, i hope she drops the full shit if she is actually terminated, partially just for the funny

 

[VSoyBoy]

Can't wait for the two lawyers to read the last page and have a seizure before calling us both retards for various reasons.

 

[MerelyTourist]

The law is irrelevant when one party has infinite money and the other has 0. Even if her lawsuit was 100% guaranteed to win, they could easily stall it for months and cost her tens of thousands of dollars. The jurisdiction issue alone could buy then weeks of back and forth arguing.

Nah, they both can't realistically litigate in japan. Twisty because it's too expensive, niji because she can and will simply ignore it all.

add: Also japlandian court version of enforcement on civil case is to just ask nicely. They don't freeze your accounts to confiscate funds and don't send bailiffs to seize your physical assets.

 

[Zinnaha]

Aster, Twisty and Reimu are missing in the NijiKoshien draft. Sadly, it looks like the writing on the wall is turning into a novel for Reimu.
Just in time for people to catch onto the signs, she put out another tweet on her PL:

Reminder of what her pinned tweet is:

(a)(a)
I'm 75% on her leaving, shame it has to happen with all the vagueposting and shit surrounding the outfit reveal.

Reminds me of when Millie (I assume it's millie based on the sister mention) made one on her new personal account as well. Seems a few of them have been trying to gather their dedicated followers.

 

[VSoyBoy]

Reimu PL released a sing-along with Aruvn:


Aruvn was the guy rrated to be the 4th Krisis member, which turned out to be a shaky theory in the end.

The guy who was supposed to be the 4th member of nijiEN krisis ((((((allegedly))))), broke his silence on the matter denying it was him? Although i didnt really follow the situstion so im not really sure if the rrats were about him.


Tweet Archive
Doc
Doc archive

 

[frz]

this would be a strange thing considering Pomu still had an OL job for a brief time of her Niji career, granted, she was first gen, but isnt Ver also a paralegal? Plenty of Niji people have their personal social media too


Thank you random sister for bringing up that your ex-oshis still interact with someone under investigation for being a sexpest!

Twisty is a menhera neet who only survive by misleading whale and providing private sessions on discord
Im sure the term was probs something like: you cant earn money using a secondary vtuber account. Phase Connect themselves terminated a member over something similiar.
To everyone else it means they can take more job, but to twisty it is a devastating requirement since she is too lazy to move her fatass for a real job.

 

[Brosnan Pierce Brosnan]

*peeks in*
*rolls kyouko grenade*



Edit: Rare Lia spotted

 

[The Demon Pimp of Razgriz]

Ok, let's imagine she manages to scrape together the money to even hire a lawyer, or find one who is willing to take on a 2 billion dollar company pro bono, she's going to have an extremely hard time arguing that the case doesn't fall under Japanese jurisdiction, so Niji has home-field advantage straight out the gate, including more favourable employment laws for them.

As others have said, the employment law of the country she resides in is what matters, as she would almost certainly sue in the U.S. She's the American employee who works for the American branch of the company. Other factors also apply here, such as the allegations and circumstances.

Also, she did not get suspended for complaining about Aster, she got suspended for leaking confidential information beyond what might be seen as "whistle-blowing", and even claiming whistle-blower protection for the Aster stuff would be difficult.

The information that was leaked included info concerned Aster being a sexpest and her initial complaint. It also would be hard to argue that Niji was punishing her for that as she claims she warned them about the leak ahead of time and they did absolutely nothing to counteract it or damage control, and they didn't even punish her when she made them aware of the leak, only after the leak went public. Seems less that the info leak was the problem, and more what the information was.

Relevant part in the contract that Twisty and Anycolor both agreed upon and signed:

A contract isn't law. Companies put all kinds of stuff in contracts that are legally non-enforceable. The contract itself is still subject to American employment law. The contract also claims that everybody who signs it is a contractor, but, as we've seen with the actual lawyer breakdown of the one that got leaked, it would be extremely hard for Niji to argue that anyone who actually signed that contract was a contractor in practice.

Fuck it, I asked the AI for you:

First, asking any AI legal questions is dubious, at best. They get shit wrong all the time. Second, your own answer that you posted brings up the fact that there are extenuating circumstances that would override the case being moved to Japanese jurisdiction. For example, Twisty could argue, in court that the clause in question is fundamentally unreasonable, unjust, and against public policy, and she has a good legal argument for that. State law, such as if she lives in California, may effectively make that clause unenforceable from the jump. U.S. court may also look at the fact that the clause could effectively deprive the suing worker of access to justice, or remove their bargaining power, and it is clear that it is designed, from the jump, to do this, hence why we are talking about it. And enforcing Japanese law part of the clause could also be overturned, if its determined that Japanese law runs into conflict with U.S. government policy here. Twisty can also lean into the whistleblower argument, the workplace harassment claims (which would fall under labor protections), and the potential issues with wages and hours (her lack of pay, the issues with the company considering her a contractor instead of an employee and not offering the requisite protections, etc.).

Long story short, that clause is not some get out of jail free card for Niji. They are just lucky it hasn't been challenged in court yet.

A lawyer won't change anything. Remember they were trying to do the same thing to Doki by not allowing her to leave for almost 2 months even though she was using real money lawyers that knew what they were doing.

And the only reason they even let her out was their own incompetence of misunderstanding Doki's book of evidence as a threat to go public. If it wasn't for that, who knows how long they would have held her hostage for too.

Twisty also claims to have a large volume of evidence. She could always threaten to leak it. Apparently, she did at least threaten to lawyer up, and after that they started to take her seriously, so even the threat of lawyers getting involved is enough to make them sit-up and take notice.

Also, in regards to all this discussion of whether or not she could even afford a lawyer; she's a half-black woman who could potentially file a major sexual harassment case against a prominent Japanese company, not even counting the workplace retaliation stuff. There are lawyers who would happily jump all over that case, even deferring payment. The one situation where her blackness is a strength, LOL!

 

[Zizara]

I think that they probably highly recommended deleting everything and quitting the jobs to the point of it SEEMING mandatory and some livers just didn't bite like Pomu

This is most likely the reason. Either it's intentionally made so that it sounded mandatory or it really was mandatory. We don't know for sure. As far as I know, it's not like its just Pomu that didn't drink the koolaid, there's probably other JP/ID/KR that didn't bother to fully delete their stuff because there's no reason to do so or as potential backup.

I figure this is the point where the presumed (in)competence of the average Niji manager becomes relevant. Nina has since admitted to having bullshitted her manager in regards to stuff like her Steam accounts, where she was supposed to create a fresh account to purchase games etc on (that would be lost after her graduation), which she avoided by simply changing the account details to seem to be in compliance and then changing the logins again before she graduated so Niji couldn't take the account from her.

 

[Scoots]

I figure this is the point where the presumed (in)competence of the average Niji manager becomes relevant. Nina has since admitted to having bullshitted her manager in regards to stuff like her Steam accounts, where she was supposed to create a fresh account to purchase games etc on (that would be lost after her graduation), which she avoided by simply changing the account details to seem to be in compliance and then changing the logins again before she graduated so Niji couldn't take the account from her.

Holy shit big brain Mama Roach lol

 

[MerelyTourist]

who works for the American branch of the company

There is no "american branch". They have no legal entities anywhere outside japan.

Also, in regards to all this discussion of whether or not she could even afford a lawyer; she's a half-black woman who could potentially file a major sexual harassment case against a prominent Japanese company, not even counting the workplace retaliation stuff. There are lawyers who would happily jump all over that case, even deferring payment. The one situation where her blackness is a strength, LOL!

Have you seen their recent US earnings? Just like foreign employees can completely ignore japland lawsuit (if jap judge even accept such filing in the first place, which is very unlikely in itself), niji can ignore any US ruling. It won't even hurt their PR with asian paypiggies much.

 

[VSoyBoy]

As others have said, the employment law of the country she resides in is what matters, as she would almost certainly sue in the U.S. She's the American employee who works for the American branch of the company. Other factors also apply here, such as the allegations and circumstances.

Here we go again, I thought this was over.
You are once again just asserting that US law matters without citing anything, when everything I found says that exclusive jurisdiction clauses are generally valid outside of certain circumstances. The default jurisdiction for a case vs Anycolor is Japan.
She is an American contractor who works for a Japanese company. There is no American branch, no official Anycolor entity in America, everything happens in Japan.

The information that was leaked included info concerned Aster being a sexpest and her initial complaint.

It did, and it included a lot of stuff not related in any way to her grievances with Aster. They can argue that the suspension was for that or they can argue that they can't let someone who is subject of an investigation be too involved in business. And a slow investigation is not illegal. There is also the possibility that she didn't inform them of the entire contents of the leak and what she didn't tell them about was what was termination worthy to them.

A contract isn't law. Companies put all kinds of stuff in contracts that are legally non-enforceable. The contract itself is still subject to American employment law. The contract also claims that everybody who signs it is a contractor, but, as we've seen with the actual lawyer breakdown of the one that got leaked, it would be extremely hard for Niji to argue that anyone who actually signed that contract was a contractor in practice.

A contract is law if the law doesn't contradict it, and an exclusive jurisdiction clause is generally enforceable. Disputes over the contract are subject to Japanese law, it says so on the contract, which is generally enforceable. Everything aside of that needs to be argued and the default jurisdiction for that argument would be the Tokyo district court, Twisty would have to argue to have the argument elsewhere, unless she lives in California or Washington State I guess, but even for those exemptions she would first have to argue that she is an employee and not a contractor. We're like five arguments deep before she can get her actual case heard.

First, asking any AI legal questions is dubious, at best. They get shit wrong all the time.

Obviously, but it's the best I got. I asked MT to offer something better but he couldn't deliver.

Second, your own answer that you posted brings up the fact that there are extenuating circumstances that would override the case being moved to Japanese jurisdiction. For example, Twisty could argue, in court that the clause in question is fundamentally unreasonable, unjust, and against public policy, and she has a good legal argument for that. State law, such as if she lives in California, may effectively make that clause unenforceable from the jump. U.S. court may also look at the fact that the clause could effectively deprive the suing worker of access to justice, or remove their bargaining power, and it is clear that it is designed, from the jump, to do this, hence why we are talking about it. And enforcing Japanese law part of the clause could also be overturned, if its determined that Japanese law runs into conflict with U.S. government policy here. Twisty can also lean into the whistleblower argument, the workplace harassment claims (which would fall under labor protections), and the potential issues with wages and hours (her lack of pay, the issues with the company considering her a contractor instead of an employee and not offering the requisite protections, etc.).

All of that is obviously true and I said so from the beginning, but the exclusive jurisdiction clause is generally enforceable and the argument needs to be made that it's not valid in this case. And I think that's not going to be guaranteed. That's all I ever said.
I just said that going down the legal route is stupid since there are many hurdles and she is not guaranteed to win even if she gets American employee protections, which, I repeat myself, is not guaranteed.

The whole discussion is stupid anyways since she doesn't have the money to do anything. She's just going to get kicked out, get some support from dramafiends and that's it. She'll probably even sign the termination contract since fighting it in her position isn't worth it.

 

[Azehara]

Aster, Twisty and Reimu are missing in the NijiKoshien draft. Sadly, it looks like the writing on the wall is turning into a novel for Reimu.
Just in time for people to catch onto the signs, she put out another tweet on her PL:

Reminder of what her pinned tweet is:

(a)(a)
I'm 75% on her leaving, shame it has to happen with all the vagueposting and shit surrounding the outfit reveal.

I am really interested to know what Reimu's role is in all of this. Wonder if she will start throwing people under the bus if she gets fucked over.

Ok, let's imagine she manages to scrape together the money to even hire a lawyer, or find one who is willing to take on a 2 billion dollar company pro bono, she's going to have an extremely hard time arguing that the case doesn't fall under Japanese jurisdiction, so Niji has home-field advantage straight out the gate, including more favourable employment laws for them.
Also, she did not get suspended for complaining about Aster, she got suspended for leaking confidential information beyond what might be seen as "whistle-blowing", and even claiming whistle-blower protection for the Aster stuff would be difficult.

I generally find it hard to even suggest the legal route unless there is an overwhelming chance of success, and she's not even looking at a 50/50 if I'm being honest.

I agree that its just too much of a hassle and too costly to do. She wont be able to do anything to them, but on the same hand its possible Niji is in no position to go after her either.

If Aster survives this, he must have god-tier evidence against Niji or Riku—nothing short of Riku falcon-punching a baby out of an SA victim or embezzlement levels unheard of since Enron would be enough to keep him in KuroSanji now.

I am still wondering why the fuck he wasnt kicked at the first sign of problems.

People saying to lawyer up, remember lawyers cost money and Twisty doesn't have much, and I doubt her paypigs could foot enough to get one. I can't see any lawyer worth anything doing work on this pro bono.

This. She should still lawyer up somehow or atleast get some legal counseling/advice. I'd assume that if Niji would want to fuck her over they would have to come to where she lives to do it but she could probably wave that shit off and her actions under the sexual harassment.

This was Father's day weekend, she might have meant an actual family meeting. Wouldn't read too much into that specific tweet.

While yes that is always a possibility, Reimu has a way with tweets to say the most funny things and the worst time possible to the point of it not really being a coincidence and it being deliberate. At least with all of the "Attempt" random tweets she made around the same time Selen got shit-canned.

 

[frz]

First, asking any AI legal questions is dubious, at best. They get shit wrong all the time. Second, your own answer that you posted brings up the fact that there are extenuating circumstances that would override the case being moved to Japanese jurisdiction. For example, Twisty could argue, in court that the clause in question is fundamentally unreasonable, unjust, and against public policy, and she has a good legal argument for that. State law, such as if she lives in California, may effectively make that clause unenforceable from the jump. U.S. court may also look at the fact that the clause could effectively deprive the suing worker of access to justice, or remove their bargaining power, and it is clear that it is designed, from the jump, to do this, hence why we are talking about it. And enforcing Japanese law part of the clause could also be overturned, if its determined that Japanese law runs into conflict with U.S. government policy here. Twisty can also lean into the whistleblower argument, the workplace harassment claims (which would fall under labor protections), and the potential issues with wages and hours (her lack of pay, the issues with the company considering her a contractor instead of an employee and not offering the requisite protections, etc.).

Long story short, that clause is not some get out of jail free card for Niji. They are just lucky it hasn't been challenged in court yet.

Pretty sure vtuber contract are unenforceable, even hololive, even if it's a Japan court. The average vtuber contracts usually has these 2 points:
- Not contracted as an employee, but an independent contractor (so no salary & insurance)
- Not allowed to work for another company
Regardless of Japan or US, you can not force an independent contractor into working exclusively for your company.
Nijisanji contracts not even allowing you to work as an indie vtuber makes it even more unenforceable. Yes, if challenged in a labor court, Nijisanji would easily lose. But if Niji are any smart and were to sue Twisty, they would be going for defamation, rather than contract violations.
Personally I don't think Niji is going to sue, they didn't sue Doki, they didn't sue Falsed, these guys only went after lawsuits they think they can win money out of. Because yacht money must not be spent wastefully. Also discovery is going to be a real pain in the arse.

But anyway, twisty is 19, she's living paycheck to paycheck by means of discord whale. The entire idea of getting sued is extremely scary for her. And to boot she's half black, meaning she has a racial debuff against law enforcement.

Same logic vice versa, she has no money to sue niji with

 

[Zinnaha]

While yes that is always a possibility, Reimu has a way with tweets to say the most funny things and the worst time possible to the point of it not really being a coincidence and it being deliberate. At least with all of the "Attempt" random tweets she made around the same time Selen got shit-canned.

Doesn't help she's directly referencing stuff from her PL account in streams now.

 

[Horo7618]

But anyway, twisty is 19, she's living paycheck to paycheck by means of discord whale. The entire idea of getting sued is extremely scary for her.

She needs to learn the definition of "judgement-proof".....

 

[frz]

She needs to learn the definition of "judgement-proof".....

I feel like you quoted without reading the full sentence.
She is young, retarded, black and poor. People like these dont learn anything and dont want to even try learning anything law related or going against corpo.

It would be different if she is not a teenager, not retarded, not poor and not black. We actually had an example of this with doki: shut up, get a lawyer, draft a legal document instead of expose stream

 

[Horo7618]

I feel like you quoted without reading the full sentence.
She is young, retarded, black and poor. People like these dont learn anything and dont want to even try learning anything law related or going against corpo.

It would be different if she is not a teenager, not retarded, not poor and not black. We actually had an example of this with doki: shut up, get a lawyer, draft a legal document instead of expose stream

You could have just admitted that you don't know what judgement-proof means either you know? Basically, we don't have debtors' prisons any more, so the civil legal system can only take your money. If you don't have money, there's nothing they can really do to you. Hence judgement proof.

 

[Dinah]

Is there an actual resident lawyer or are we all just online nerds using basic English reading comprehension (some even ESL) to guess the outcome of a legal battle involving a non-English-speaking company?

 

[Smelliest007]

I am really interested to know what Reimu's role is in all of this. Wonder if she will start throwing people under the bus if she gets fucked over.

I don't see how she would get fucked over; Reimu's still in with the clique and Twisty is disliked by sisters and hated by the clique.

Doesn't help she's directly referencing stuff from her PL account in streams now.

Tell us more. You're one of two people here who actually watches Niji.