FTC begs to differ. Calling them "rewards" doesnt mean it isn't commerce. Consumer protection in the states hasn't been caveat emptor in a while.
e: link instead: https://www.ftc.gov/system/files/documents/cases/150611chevaliercmpt.pdf
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Discord Degeneracy (And Degeneracy in general) Containment Zone
- Thread starter The Proctor
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e: link instead: https://www.ftc.gov/system/files/documents/cases/150611chevaliercmpt.pdf
1) Crowd Funding Campaign. 2) Declared offering refunds but failed to provide refunds.
Crowd Funding would be "speculative investments" or similar. This was a non-charity Donation for either the Number going up or something like the Time Limit being raised. Implied Services have been rendered. But, I'm well aware the moronic autism that pervades the Vtuber space and the inability to let go of something that they had almost no part in bringing to even a discussion.
I can guarantee you no judge is going to require specific performance of the release of an NSFW picture that the subject wasn't comfortable releasing.
She was dead set on release then changed her mind. More importantly, maybe the judge looks at the pic and wonders if its child porn. This could be the most fun thing in vtuber history. if only a donator was mad enough to actually file a complaint.
Some of it was tangible goods like the scarf (which btw is a raffle, so complainers should look up their gambling laws) and the porn. it arguable that it's it's very much like crowdfunding by another name. we wont know because it's not been brought to a court .
No, I mean that specific performance of this sort is highly disfavored as a remedy. The best someone could get would be their own donation back, but their attorney fees would outweigh their recovery in all but the most extreme whale cases and I can't see a judge granting attorney fees over a dumb case like this.
TBH, the Donathion NSFW drama is dumb. It's clear she wanted to go through with it, but clear heads prevailed in management and listed the possible consequences of having an official NSFW on main. Shina is no scammer and is in fact too honest for her own good, given the infamous boyfriend clip from back in the day. Given the phase girls read this board I will leave this piece of advice. WEAR SOME MORE FUCKING CLOTHES, IT WOULD FILTER THE COOMERS AND ALLOW ME TO WATCH YOUR SHIT IN PUBLIC.
Truth is, they should have never okayed it to begin with. Corps should really stay out of the NSFW realm and leave that to fanartists. It can really fuck you up with sponsorships.
Regardless of whether it was smart to promise NSFW rewards beforehand, or whether it was smart to cancel them this far in, the pressing issue here is that Shiina is having to spend extra time working on the substitute gifts because of a decision made by management, and I hope she's being compensated for that.
you say that about every that.
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It's a cry for help.
You picked the wrong place to be heard.
When did degeneracy thread become the law discussion thread for NSFW Shiina's artwork....?
Those coomers need to go to watch other shit instead of Shiina, or just hire an artist to draw it
Also, Shiina won't get into legal trouble as long as Chris-chan could escape the rape case, and DSP could go through the bankruptcy case via scamming
Coomers seeth, Coomers!!
Those coomers need to go to watch other shit instead of Shiina, or just hire an artist to draw it
Also, Shiina won't get into legal trouble as long as Chris-chan could escape the rape case, and DSP could go through the bankruptcy case via scamming
Coomers seeth, Coomers!!
Hey, we've also been discussing our desire for her hand-made scarvesWhen did degeneracy thread become the law discussion thread for NSFW Shiina's artwork....?
Those coomers need to go to watch other shit instead of Shiina, or just hire an artist to draw it
Also, Shiina won't get into legal trouble as long as Chris-chan could escape the rape case, and DSP could go through the bankruptcy case via scamming
Coomers seeth, Coomers!!
Your Honor, I apologize for interrupting the proceedings of Coomer & Coomer LLP v. Shiina Amanogawa, but I would like to present the court an example of real degeneracy.
I have made the grievous mistake, your Honor, of entering /vt/. Now, your Honor, it has been well established via precedent in this thread that /vt/ is a hive of schizophrenic delusions and villany, but despite the warnings, I saw that they had a thread on gun-themed vtubers like Sleepy Project, which is exactly my favorite kind of niche. Now, your Honor, would it not be reasonable to assume that a specific niche that isn't inherently sexual would stay at least reasonably clear of degenerate content?
Unfortunately, your Honor, I was proven very wrong. I now present the court with Exhibit A.
I had no argument, your Honor. I just wanted to show the court how I will not reenter /vt/ in the future. I rest my case, and you may now recommence with the previous civil case of Coomer & Coomer LLP v. Shiina Amanogawa.
I have made the grievous mistake, your Honor, of entering /vt/. Now, your Honor, it has been well established via precedent in this thread that /vt/ is a hive of schizophrenic delusions and villany, but despite the warnings, I saw that they had a thread on gun-themed vtubers like Sleepy Project, which is exactly my favorite kind of niche. Now, your Honor, would it not be reasonable to assume that a specific niche that isn't inherently sexual would stay at least reasonably clear of degenerate content?
Unfortunately, your Honor, I was proven very wrong. I now present the court with Exhibit A.
I had no argument, your Honor. I just wanted to show the court how I will not reenter /vt/ in the future. I rest my case, and you may now recommence with the previous civil case of Coomer & Coomer LLP v. Shiina Amanogawa.
You know Whiskey has an nsfw fanart section on her discord right? And commsioned art of her effectively being raped before yeah?
Men make the 'your honour, she was asking for it' defence as the punchline of a joke.
Women didn't get the memo.
so shes down with rape pics is she? *strokes chin*You know Whiskey has an nsfw fanart section on her discord right? And commsioned art of her effectively being raped before yeah?
Oral agreements are 100% enforceable, as good as signed paper in most jurisdictions. The only wrinkle is that if someone chooses to lie about it and deny everything, it can be hard to prove to the court that the agreement happened. Obviously that's not an issue in this case.
Have they offered refunds at all? Most of these streaming "donation" platforms do not make it easy.
Shiina potentially swallowing a bonk for directly interacting with an AI pic of her getting fucked. I'm not spoonfeeding you porn, find it yourself if you must.
Lewd art with Rye in it isn't exactly a surprise, you may need to catch up on your reps.
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