Following last week’s brief response to the legal maneuvering by Jonathan “Frauditor Troll” Hudon-Huneault’s new attorney “The Sinsational” Simon Lin, Christopher “Denver Metro Audits” Cordova’s attorney, That Randall S. Newman, Esq., fired back in a fresh and fuller response to Lin’s most recent attempt to have their ongoing lawsuit moved to Canada or to impose a massive bond to be put up by Cordova.
Lin is seeking to move the long-time on-going lawsuit to Canada, since his client lives there and the difficulty for his family to the states for hearings and trials in the suit. He also claims that Canada’s more flexible copyright laws would make it easier for Cordova to continue his lawsuit.
The attorney also wanted Cordova to put up a $135,619.75 bond to continue the case as he was worried about recent comments Cordova made expressing that he lived a life of poverty as a YouTube creator.
Cordova made the comments in response to Lin’s previous accusations that Cordova had unlimited resources and that he and Hudon-Huneault were underdogs as Cordova had “unlimited resources” to use against them.
The bond would cover the expenses Lin says that his client will be awarded when he wins the lawsuit. He followed his motion with an emergency motion to stay discovery and to force the Judge in the case to put a hold on the discovery process for plaintiff Cordova and to rule on Lin’s motion to move the case to Canada or to impose the bond before any other ruling in the case.
Newman had filed a brief response to the bigger motions as part of his response to the emergency motion last week. His new response was an expansion of the core ideas din that more limited reply.
Magistrate Judge Virginia K. DeMarchi had already ruled against Lin’s emergency motion last week stating that it would not “promote the just, speedy, and inexpensive determination of this action.”
In his reply, Newman expounds on points he had made in his smaller response to the emergency ruling and shares Hudon-Huneault’s discovery responses in his accompanying declaration.
Those responses show that Hudon-Huneault admitted that he deleted 1,700 videos from his YouTube channel, keeping no copies of but one of the videos. That video was not turned over in the discovery process.
Hudon-Huneault also claimed that all of his video captures were produced using CyberLink’s Power Director video editing software. One of the software’s features is a screen recorder to help capture gaming sessions.
Further, Hudon-Huneault claimed that he believed at all times that he had a written and verbal licensing agreement with Cordova that allowed the perpetual use of his works. This was despite Hudon-Huneault not mentioning the supposed agreement in the original DMCA takedown counterclaims or any point up until his discovery of the video in question.
Newman explained that licensing agreements do not work the way that Hudon-Huneault claimed and that the supposed licensing agreement on the video, which was not turned over in the discovery process, was unenforceable.
The attorney also questioned why Hudon-Huneault was suddenly demanding that the venue be changed to Canada after participating in the California based lawsuit for nearly six months. He also noted that Lin gave no clear reason for the demand to dismiss the trial in favor of a Canadian court and that his client had no incentive to do so.
Pending any further legal maneuvering or the Judge granting Lin’s motion to dismiss the case, the lawsuit is still heading to settlement talks later this year.
Hudon-Huneault’s Help us Fight this anti-free speech retaliation lawsuit GoFundMe campaign lost -19.00 due to exchange change rates between CAD and USD to “win” Tuesday’s crowd sourcing title.
Wednesday, however, was won by Zacharay “Liberty Troll” Kueker whose newly created Stand with Liberty Against Unjust Charges GoFundMe campaign took home $485.00 in new donations for the day.
Kueker’s Support the Fight For Our Constitutional Rights campaign placed second with $70.00 in new donations.
Hudon-Huneault’s campaign placed third with $1.00 in conversion rate change related earnings.
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