YouTuber, activist, inventor of the Jock Sock, failed Power Ranger and PDF board game inventor Jose “Chille” DeCastro shocked the world on Wednesday when he asked for a reduction in the charges against fellow YouTuber John “Irish Demon” O’Dea and what some say is a massive reduction in the request for damages he could have gotten from the Irish YouTuber.
The case was filed last year against O’Dea of using copyrighted material without permission and multiple hacks of DeCastro’s YouTube channel where O’Dea had publicly admitted to porn bombing DeCastro’s channel in order to have YouTube delete the channel.
O’Dea has been determined to be in default as O’Dea never replied to the e-mailed summons in the lawsuit. It is in the process of becoming a default judgment with the last real thing standing in the way of the judgment was the determination of financial damage.
DeCastro had previously received an extension to submit his financial disclosure after expressing concerns about public disclosure of his financial records on his YouTube channel.
Wednesday’s filing asks to reduce the judgment to violation of a single count of the Stored Communications Act, 18 U.S.C. § 2707(c); which would cover O’Dea’s admitted hacking of DeCastro’s channel and award DeCastro the minimum $1,000.00 in damages along with $405.00 in taxable costs.
The proposed judgment also calls for a permanent injunction of O’Dea and O’Dea’s associates from reproducing or distributing the two videos that were part of the lawsuit.
Reaction to the lawsuit was swift from those following the case with most observers wondering why DeCastro would limit damages to under $1,500.00 when he clearly could have been awarded much more for the attack and the violations related to his copyrighted works.
Rampant speculation on the part of a few legally versed observers pointed out that by reducing the charges and limiting the scope of his demands, DeCastro will avoid possible financial disclosures that would affect other current pending lawsuits.
DeCastro is claiming financial damages in his newly appealed lawsuit against Michael “Blue Bacon” Pierattini, Kate Peter and Team Skeptic and his on-going lawsuit against Josh Abrams, Lackluster and Kate Peter. By limiting his financial disclosure, he effectively retains his ability to mask his finances before the discovery process and continue to blame the defendants for charges that he previously blamed on O’Dea.
O’Dea, through his lack of participation in the case and subsequent decisions since the filing of the lawsuit, also handed DeCastro multiple victories by his inaction. While DeCastro is unlikely ever to collect due to O’Dea’s location in Ireland, he may have otherwise succeeded in ending O’Dea’s perceived threat to his brand.
The Irish Demon channel hasn’t had a new livestream or video in several months and only features one video marked members only. While it has been speculated that O’Dea’s channel is demonetized, even if monetization is active, VidIQ estimates his monthly earnings at $22.00.
It is unlikely that O’Dea’s channel will ever recover from the apparent abandonment and in the end, DeCastro will declare victory over his most hated male opponent while keeping his other lawsuits intact.
This is a developing news story.
JF It is in the process of becoming a default judgment with the last real thing standing in the way of the judgment was the determination of financial damage.
Really? The court held a hearing and determined this already?
So either that story was never shown on chilli’s channel or there was no hearing. A judge has to review the so called evidence in what is to all extent and purpose a hearing where they would have to prove to the judges satisfaction and a legal certainty that they have evidence. Has such a hearing even been held?
If it has, where is the transcript or video. And if it has not been held, the last major hurdle is proving they even have a case. Pesky thing there. They can claims all sorts of wonders. They have to prove it to a judge before it goes anywhere.
Just making any claim, getting a default is not enough for anything. You then go to court. In front of the judge you present your case. albeit with no opposition. Then, if the judge find reason grounds to a legal certainty does a judgement get issued. Not just because no one answer does the party win automatically.
\chilli is nowhere near the finished line. This case is barely passed the initial grounds of being allowed allowed into court.
Isn’t Irish demond recovering from a motorcycle accident somewhere in Ireland or something?
Just remember, a default is not the end of anything. So what? Irish could come back with a legal reason for not replying on appeal and have the case re-opened. So, a judge would always take certain precise steps to make sure they are not reversed on appeal. I don’t see any such steps in this case. And I highly doubt that this is going to be decided any time soon.
This is like the bottom of the first inning. No one is out and no one on base. It is still anyone’s game.
Sorry for the double positing.
Okay not sorry
chilli has reduced his claim of damages to 1K$ Did he not swear when he filed this claim that amount in question was over 75K?
Don’t they reserve amounts under 10K to small claims and not district court?
And thus by reducing the amount claimed to below the level required mean this case would be removed from District and sent to Small claims?
LOL
Opps