King of Kong Billy Mitchell vs. Karl Jobst Controversy Continues

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Күн бұрын

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@juliankohler5086 3 ай бұрын

His records were not reinstated. They were put in sort of pretend rank, in an archive of what the rank used to look like back when he had his record. It includes other cheaters who are no longer in the rank.

@GamersBay 3 ай бұрын

Mitchell's scores on Twin Galaxies were reinstated, but to a historical database. Though his scores are not shown on leaderboards, and he remains banned from the platform. I am just going by the wording of Twin Galaxies themselves, but I appreciate the clarification. Likewise, Twin Galaxies seemed to double down on the idea they did not approve of his scores by mocking him with the merchandise they sell on the platform.

@justthisguyyouknow666 3 ай бұрын

What he was sickened by was seeing his cheating having consequences.

@Blue-Hawk-Legend 3 ай бұрын

Exactly

@GamersBay 3 ай бұрын

Actions have consequences. As it stands, he remains banned by Twin Galaxies. It doesn't appear they're the least bit convinced of his arguments either. His scores were only reinstated after he sued them. To avoid a long and costly trial, Twin Galaxies chose to make some concessions it seems.

@habinations 3 ай бұрын

saying hes a cheater opens you up to getting sued.prove it.

@Blue-Hawk-Legend 3 ай бұрын

@habinations I don't have to,it already came out from the twin galaxies lawsuit that karl got dragged into. Billy is lucky tein galaxies didn't follow thru on their fraud lawsuit or his ass would have been in prison. His own incessant lying did that to himself,not me. I gotta feeling this is billies final nail in the coffin. As karl stated billy is screwed. Australia's laws are obviously different and billy will have to pay karl instead unlike here in america for filing BS lawsuits. I can't believe he was that stupid to not consult a lawyer before sueing someone in a different country that has different laws. Billies bully tactics backfired big-time. I pray to God karl doesn't settle.

@Blue-Hawk-Legend 3 ай бұрын

@GamersBay you wanna grow your youtube channel by leaps and bounds??? Just talk about billy mitchell in 1 or 2 videos and Todd Roger's. You'll get sued but make headlines worldwide. Just contact other youtbers and make a video that your being sued. Bam. Now your getting money and notoriety

@OddJames 3 ай бұрын

Billy admitted that he was never planning on actually collecting the million? Wouldn't that have made that entire lawsuit frivolous since he wasn't planning on actually following through with it which would be a huge waste of time and resources...? Smh regardless much love my dudes keep on gaming!

@GamersBay 3 ай бұрын

Right. He claims he had no intentions of ever collecting on that legal settlement. But how do we know that? I don't see much logic in why someone would sue others if they had no intention of collecting on it. However, it is possible that he filed the lawsuit with the intent to get Apollo's videos taken down, rather than for a monetary motive. So the end goal may not have been monetary, its hard to say.

@OddJames 3 ай бұрын

@@GamersBay yeah but that would still make the lawsuit frivolous because if he used it in order to intimidate the person to take down the videos instead of utilizing the true reasoning of the lawsuit which would be for the money and or damages or whatever that to me sounds extremely fraudulent and frivolous. Also if Billy has a lot of failed cases in the past of frivolous lawsuits and going after people for making fun of him and losing that will also be taken into account. The other person had a very well written comment and they explained defamatory but what they don't understand is it's going to be extremely hard to prove Karl was intentionally being defamatory rather than giving his opinion on a subject that may have been ill-informed or not fully backed by evidence data or fact, that's not the same as intentionally making the sole purpose of said content to defame said person etc... If the video and its contents were solely defamation and its sole purpose was to defame Billy that would be one thing but it's not defamation for a content creator to have a negative opinion about somebody who is presenting as an opinion and not an actual fact... as compared to defamatory which would be intentionally acting as if everything said was fact in order to get the most defamation out of it. So I have to disagree with the other comment in the aspect that it does not check all of the boxes they are going to have a hard time proving defamation was intentional instead of it being a ill-informed or emotional made opinion or conclusion. That is completely separate from intentionally knowingly trying to ruin someone's character as an entire point of a video as compared to making assumptions for statements and trying to connect dots etc. Proving that it was defamation or there was ill intent instead of the intent to spread information is not going to be as easy as some people think it will be. If it was a straight-up hit piece smear campaign that would be easily defamation but Billy has been covered by Karl for a long period of time so his opinions are not based out of a place to solely defame or smear Billy as a person but just show who he truly is. An overgrown child. Lol

@GamersBay 3 ай бұрын

@@OddJames I think you hit the nail on the head. There is truly a huge difference between having a negative opinion about someone, vs. intentionally spreading misinformation about them. Two completely different things. In the eyes of the law, its typically the intent that matters. Having a negative opinion does not amount to defamation. However, being misinformed is never a defense when it comes to the law. At least not in America, though I can't speak for the laws in Australia where this trial is going down. In the video in question, Karl gave a series of negative opinions about Mitchell and a theory regarding Apollo's death; but nowhere does he intentionally lie to his viewers, at least not that I could see. Its possible that Karl's theory of Apollo taking himself out as a result of a dire financial situation stemming from the lawsuit could've been wrong. But Karl never made any claims that this was a fact, he merely stated this as an opinion, nothing more. This doesn't mean Karl will win though. Mitchell's legal team is still out to try and prove that Karl's statements unjustly and negatively affected his reputation. But as for being ill-informed, that just never overrides accountability in the eyes of the law. If it did, then people could give others lethal doses of drugs and just claim they didnt know they would die, they were just misinformed. Yeah, that never holds water. Mitchell's legal team will have to prove Karl's theory was wrong, and from the looks of things, that may be easier said than done. Keep in mind, Mitchell admitted he joked about previous rumors of Apollo's death, stating "If it's true I will not shed a tear." Mitchell also stated he never attempted to collect on the settlement, which if proven in court, could prove part of Karl's theory wrong, and it could possibly hold him liable for defamation as a result.

@RyanKarolak 3 ай бұрын

@@GamersBayI can't speak for Australian law, but I don't think your analogy for misinformation probably isn't a good comparison. In the US generally for a defamation suit to stick either the accused has to be shown to be acting maliciously or be acting in reckles disregard to finding the truth. So if Mitchell can't prove Karl is intentionally lying to hurt Mitchell then he has to be shown to intentionally not doing their research or putting in any effort to confirm what they are saying. Both are generally difficult to prove in court, and Karl (in my opinion) can state that with all the information he has available to him and his experiences he has good reason to believe what he does. Therefore Mitchell's team "proving" Karl's theories of cheating were wrong isn't enough to stick a defamation suit. Neither would Mitchell claiming to never intend to collect his court winnings unless that is somehow easily accessible knowledge, and even if he publicly stated it it could be argued that Apollo felt it being held over his head. Mitchell saying he was joking about learning of Appollo's death being jokes may be a moot point because what is important is how Karl interpreted it at the time, unless maybe he can show him stating he was joking before Karl made his staments on the texts. But also Karl could personally not believe Mitchell. But maybe Mitchell feels all those, if he could prove them, would strengthen an argument that Karl was being negligent in finding and communicating the truth. All this I think shows why defamation cases are hard to do in America as actually proving malice or neglect opposed to opinion isn't easy. Defamation suits also have to prove the statements are false, and Mitchell proving he didn't cheat has been a whole thing in itself. If this case were in a US court I'd highly doubt Mitchell would get far unless he pulls out something totally new and unexpected. With that said, different countries have different standards for defamation. If I recall correctly, in places like Japan and England the standards are very different, including who has the burden of proof. It could be different in Australia too, so it's hard for me to speculate there.

@OddJames 3 ай бұрын

Billy is so disconnected from reality...just look at his hair...lmao He's like a really bad John Wick who wants revenge after his world record/ High Score was killed.

@GamersBay 3 ай бұрын

lol You always crack me up James 🤣Yeah, I dont get what the logic is in people filing lawsuits every time someone gives an opinion they don't like. Why not respond to the claims and counter the narrative instead. Karl didn't make any wild claims in his video either. Rather he gave opinions, ones that Mitchell apparently didn't like, and that he insists harmed his reputation. I get Mitchell's argument too, as blaming someone for the death of someone else is pretty extreme. That seems to be what Mitchell is claiming. But part of the argument from Mitchell's legal team was to point out the hundreds of comments from Karl's video where people seemed to blame Mitchell for Apollo's death. Yet, the reality is media figures have no control in determining their audiences decisions or beliefs. Hopefully they can both overcome their differences. Really a sad state of affairs for everyone involved.

@OddJames 3 ай бұрын

@@GamersBay most of the time the frivolous lawsuits are in order to get people to shut up stop doing what they're doing remove content and a bunch of other stuff because the people are intimidated or afraid of the cost of getting taken to court. There was a crazy dude on KZbin that went by the name montagraph and he would harass so many different people and he was known for filing frivolous lawsuits and I'm pretty sure he got in trouble for it or at least nobody ever took him seriously because all of his lawsuits were frivolous and they got thrown out immediately. Etc Karl just said out loud what a lot of people were thinking privately for in comments sections he just happened to publish a video about it. Unless they are making direct calls for Action a content creator is not responsible for what their fan base or viewers do they are responsible for their own actions. Whenever someone covers a garbage human being you can tell them a thousand times do not go and harass this person at the end of the day if myself and other viewers are upset enough at this person we are going to try and find them on social media platforms and give them our opinion it's not to harass them and it's not because you or any other content creator told us to do it, it's because we've been presented with information about a human that is kind of a douchebag and unless they are reading all the comments on that video we as consumers and people with opinions will go and seek out those individuals to give them a piece of our mind and sometimes yeah people take it too far and they harass the people. Bottom line if the video and the content creator did not directly encourage that type of behavior the people that did it or are doing it are responsible for their own actions. If the video and the content creator helped people come to the conclusion by connecting dots without directly telling them what to think he did not weaponize his audience to go after a little Billy Mitchell... etc lol I would wish the best for both parties but Billy has always seemed like a very egotistical fart huffing gamer with a God complex so I hope he doesn't walk away with anything else other than wasted time and extremely bad straightened hair...lmao ❤ cheers my boys

@TheConcertCruizer 3 ай бұрын

@@GamersBaycan you even name all his lawsuits?

@julius4858 3 ай бұрын

Bro, what? In one sentence you talk about text messages billy sent, literally saying he’s smiling over Apollos death, and in the next sentence you say you have nothing against him personally? What the hell?

@GamersBay 3 ай бұрын

I was pointing out the facts being presented at trial, which was the purpose of this video. Its not my problem if reality offends you. And no, I have nothing personal against him. But I'm not going to deny reality and hide the facts surrounding this case because you don't want to hear it.

@benbilbro516 3 ай бұрын

Billy is just a bad person to his core, wasting peoples time and money with lawsuits in an attempt to stay relevant regarding his fraudulent world records. Waste of space.

@nachobroryan8824 3 ай бұрын

Yeah, it's difficult to trust anything he says since he seems to lie about everything.

@Mike-ts3it 3 ай бұрын

One thing I'm shocked and not hearing anybody make including the attorneys is the fact that Billy Mitchell is a public figure. KJ it's just making an opinion about how he believes the lawsuit affected Apollo. The same way I can say that I believe Joe Biden wants to create socialism in the country or that Donald Trump wants to create a dictatorship. Neither may be true but it's my opinion and allowed.

@GamersBay 3 ай бұрын

Agreed! Karl merely gave a theory about Apollo's death based on a series of opinions, ones which Mitchell feels were defamatory and painted him in a bad light. The question is whether or not there's factual evidence to support Karl's claims, that is what the court is going to look at throughout this trial. Mitchell's lawsuit appears to claim that Karl unjustly blamed him for Apollo's death. Karl's statements do seem to imply that Apollo offed himself as a result of the dire financial situation he faced from the lawsuit. However, Mitchell claims he never collected on the debt, nor that he had any intentions of collecting on it, stating both parties simply parted ways. On the other hand, Karl does have some factual evidence to support his claims. It is true that Apollo's settlement left him on the hook to pay an enormous sum of money to Mitchell, and he was in fact in a dire financial situation. A really damning piece of evidence from Karl's legal team points out the fact Mitchell sent text messages glorifying false rumors of Apollo's death 3 years prior to his death. One thing that's not going to play out in Karl's favor is the final statements from Apollo, who seemed to insist his decisions to end himself were the result of serious health related issues, never mentioning the lawsuit with Mitchell at all. Another issue at hand here is the fact this case is being tried in Australia, not America, and the laws are not the same. Look at the statements from @sydtopia1 below regarding the laws in Australia surrounding this case, they are an eye opener! According Australia laws, Karl is likely going to have to present factual evidence to support his opinions.

@tommycolton4971 3 ай бұрын

Appalo's blood is all over Billy's stupid beard

@SuleyBR 3 ай бұрын

bad take, Apollo also blamed DarkViperAU as one of the reasons he ended himself. A GTA V Speedrunner...

@sydtopia1 3 ай бұрын

There was no judgement, it was a settlement where certain things were agreed on, but no money changed hands. Nice video however. I think BM will win this one. Defamation law in Australia before July 2021 was pretty broken heavily favoring the plaintiff. This happened in Apr 2021 so will come under the older laws, unless something happened at court to change this which I am not aware of. In Australia you need to prove three things. i) The statement was defamatory: This means it was likely to lower your reputation in the eyes of right-thinking people. ii) The statement identified you: This means it was clear that the statement referred to you. iii) The statement was published: This means it was communicated to at least one other person. Ticks in all the boxes for them. However, if Karl can win on a defence than BM loses. Karl seems to be going for the defence of honest opinion. Which would require the following. i) The opinion is honestly held: The defendant must genuinely believe the opinion to be true. ii) The opinion is based on facts that are true or genuinely believed to be true: The opinion must be supported by factual information. iii) The opinion is fair comment on a matter of public interest: The subject matter of the opinion must be a matter of public interest. The Defamation Amendment Act 2021 strengthened this defense by requiring the plaintiff to prove that the opinion was not honestly held, rather than requiring the defendant to prove that it was. So BM does not need to prove this making it easier for him and not good for Karl. Although people seem to think Karl getting some good ground and will win, I disagree on it. The arguments about BM reputation being zero and not losing money on appearance etc only effect the amount the court will award. Only defamation needs to be proven occurred. I don't seem to be able to find anything how Karl came to an honest opinion about what had occurred. It appears he jumped to conclusions. This is main reason I think that he will lose because he needs to show where he got that opinion from.

@GamersBay 3 ай бұрын

Both gave compelling arguments during the proceedings so far. Its really a back and forth blame game at this point. Karl does have some facts to support his opinions though. For one, Karl stated in his video that the lawsuit quote, "Left Apollo Legend deeply in debt, and this was all too much of a burden", as for being the reason why he took himself out. It is true that Apollo was on the hook to have to pay that $1 million dollar settlement should Mitchell decide to collect it. Yes settlement, not judgement, but the legal principals remain the same. He still legally owed that money. Billy's argument pushes the narrative that Karl's statements were false, and had a severe negative impact on his reputation. He states he had no intentions of collecting on the debt. If you look at Apollo's farewell video, he claims he made the decisions he did because of severe health related issues. He never states anything about the lawsuit with Mitchell, but he does cite his financial woes as well. Hopefully they can both overcome their differences and get on with life.

@sydtopia1 3 ай бұрын

@@GamersBay Where do you get your information that in the settlement there was still a one million dollar clause in it? The settlement is private. Can you give me the timecode where he says he had no intention of collecting the money? BM said one of the reasons he walked away with no financial gain was due to Apollo health problems. Karl's lawyer put up some good arguments about repetition and lose income etc. But, given it is Australian court before July 2021 this will only effect damages awarded. Karl looks like he is going for the honest opinion defence and using contextual truth to get past not being able to satisfy one out of the four elements. I don't like his chances of getting that one over the line.

@GamersBay 3 ай бұрын

@@sydtopia1 I don't have time codes for the trial proceedings where the statements were made, and I think you misunderstood my statement. He stated "No money ever changed hands at anytime, anywhere, we just parted ways." Which would imply he had no intentions of collecting on that settlement, hence why I stated it. The claims from a gazillion media outlets is that the settlement from the suit against Apollo was for $1 million dollars. Apollo himself never denied these claims before his death. We cannot put links here for obvious reasons. Any issue with the website you're linking to, and the channel is blamed. Karl did give an opinion with fact based evidence to support it. That should satisfy the legal requirements to present such arguments in court. He cited the reasoning for his opinions of Apollo's death based on the idea that Apollo was facing serious financial implications as a result of the lawsuit. His opinion was right along those lines.

@sydtopia1 3 ай бұрын

@@GamersBay I understand what you are saying. I thought you were saying something else. If I was BM lawyers, I would be pointing out that Karl said in this statement to TG that he was an investigator journalist. Any investigator journalist knows to do basic checking before releasing anything which Karl clearly never did. Sounds like Karl jumped to a whole heap of conclusions without knowing the full story.

@FlintlockYT 3 ай бұрын

As much as I dislike Mitchell, I think you're right.