Thursday
Ken Whitman
3/18, 4:24am
Ken Whitman
Sufflatus Lorem
3/18, 4:37am
Sufflatus Lorem
Hey, Kenny! Missed ya man!
Ken Whitman
3/18, 4:37am
Ken Whitman
http://www.dmlp.org/legal-guide/georgia-defamation-law
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Ken Whitman
3/18, 4:38am
Ken Whitman
"refers to the trade, office, or profession of another person, and is calculated to injure him."
Sufflatus Lorem
3/18, 4:39am
Sufflatus Lorem
" In Georgia, the elements of a defamation claim are:
a false statement about the plaintiff; "
Nothing I have said is false.
However, each moment spent by you doing 'legal research' is another moment you wont be scamming people out of their money.
Ken Whitman
3/18, 4:39am
Ken Whitman
you said i was a thief
charges another person with a crime punishable by law;
Never been convicted
Sufflatus Lorem
3/18, 4:40am
Sufflatus Lorem
HA HA HA!
Ken Whitman
3/18, 4:40am
Ken Whitman
You are convincing others I am
Sufflatus Lorem
3/18, 4:40am
Sufflatus Lorem
Nope, your own actions have convinced them of that.
Ken Whitman
3/18, 4:40am
Ken Whitman
See, you belive you are just
and that my friend will be your downfall
Sufflatus Lorem
3/18, 4:41am
Sufflatus Lorem
Nope, just telling the truth.
Unlike you.
Ken Whitman
3/18, 4:41am
Ken Whitman
refers to the trade, office, or profession of another person, and is calculated to injure him.
You have gone on my pages - NOT RELATED to Kickstarters
and "calculated to injure him."
injure means finacially
Sufflatus Lorem
3/18, 4:41am
Sufflatus Lorem
Nothing I have said is untrue.
Ken Whitman
3/18, 4:42am
Ken Whitman
I am not a crook or theif
Sufflatus Lorem
3/18, 4:42am
Sufflatus Lorem
Yes, you are, And you know it.
Ken Whitman
3/18, 4:42am
Ken Whitman
No criminal record
and therefore, a lie
You never said accused or might be
Sufflatus Lorem
3/18, 4:43am
Sufflatus Lorem
Kenny, you're just a broken record, You say the same thing over and over and it continues to have no meaning and no relation to the truth.
So, you know, blow it out your ass.
Ken Whitman
3/18, 4:43am
Ken Whitman
You just flat out say it in several places
THUS
charges another person with a crime punishable by law;
AND
Sufflatus Lorem
3/18, 4:43am
Sufflatus Lorem
Put up or shut up.
Stop being a punk.
Ken Whitman
3/18, 4:43am
Ken Whitman
refers to the trade, office, or profession of another person, and is calculated to injure him.
Try to hurt me finacially
SO... My friend
Me an you gonna have a nice day in court soon
Sufflatus Lorem
3/18, 4:44am
Sufflatus Lorem
" a false statement about the plaintiff; "
Nothing I have said is false.
Ken Whitman
3/18, 4:44am
Ken Whitman
Because your to stupid to deleate your account AND you think your just
I am not a theif or crook
Sufflatus Lorem
3/18, 4:44am
Sufflatus Lorem
Yeah, sure. Right. You threaten to sue everyone, and you never do.
You're a punk, Ken. Blow.
Ken Whitman
3/18, 4:45am
Ken Whitman
So yeah - it is false
by legal definition
Sufflatus Lorem
3/18, 4:45am
Sufflatus Lorem
Everyone is laughing at you, Kenny boy.
Because you're pathetic.
Ken Whitman
3/18, 4:45am
Ken Whitman
oh no my friend - I have a special place in my heart for you
Sufflatus Lorem
3/18, 4:45am
Sufflatus Lorem
Yep - cause you always hate people who tell you the truth. Ive known that about you for 20 years.
Ken Whitman
3/18, 4:47am
Ken Whitman
Oh By the way.... on advice of my layer
Ken Whitman
3/18, 4:47am
Ken Whitman
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.
Sufflatus Lorem
3/18, 4:47am
Sufflatus Lorem
"It is important to remember that truth is an absolute defense to defamation, including per se defamation. If the statement is true, it cannot be defamatory."
Ken Whitman
3/18, 4:47am
Ken Whitman
This will cover me here also
Sufflatus Lorem
3/18, 4:47am
Sufflatus Lorem
Nope, it wont.
Ken Whitman
3/18, 4:47am
Ken Whitman
Well, you have been warned
Sufflatus Lorem
3/18, 4:47am
Sufflatus Lorem
HA HA HA!
Im so scared of you, Kenny boy.
Ken Whitman
3/18, 4:48am
Ken Whitman
I love your arrogance
I will text you ever night if you want ... just keep this website up please
Sufflatus Lorem
3/18, 4:49am
Sufflatus Lorem
So, have you looked at yourself lately?
Also, that posting at the Tavern is compleete and total fabrication. Good thing I kept a copy of it.
Ken Whitman
3/18, 4:49am
Ken Whitman
paperwork in GA takes a bit of time
Sufflatus Lorem
3/18, 4:49am
Sufflatus Lorem
Its not a website, Kenny - its a Facebook page. Learn the difference.
Ken Whitman
3/18, 4:49am
Ken Whitman
me and you gonna set some legal precidence
Sufflatus Lorem
3/18, 4:50am
Sufflatus Lorem
Im sure you will. Say Hi to the AGs that are investigating you.
Ken Whitman
3/18, 4:50am
Ken Whitman
So... keep on texting me.
Sufflatus Lorem
3/18, 4:50am
Sufflatus Lorem
Kenny - you keep saying the same thing. You're no fun to listen too anymore.
Blow.
Ken Whitman
3/18, 4:51am
Ken Whitman
Within 30 days, me and you are gonna get a chance to speak to each other
Jim
and its gonna be fun
Good night - talk with you tommorrow
Sufflatus Lorem
3/18, 4:52am
Sufflatus Lorem
You keep telling yourself that. I'll be watching and laughing at you and your pathetic attempts to understand why people dislike you.
You've always had a problem with your ego being bigger than your common sense..
Ken Whitman
3/18, 4:53am
Ken Whitman
In worst case scenerio - Im gonna cost you a lot of money - why because you own shit
AND
Sufflatus Lorem
3/18, 4:53am
Sufflatus Lorem
HA HA HA!
You wont cost me a dime.
Ken Whitman
3/18, 4:53am
Ken Whitman
I have given my laywer the first 50k he can get out of you
and then 75% after that
because you know- thats the most he can take
Sufflatus Lorem
3/18, 4:54am
Sufflatus Lorem
You dont have a lawyer. You dont have the money.
Ken Whitman
3/18, 4:54am
Ken Whitman
Your house and cars and stuff - well...
Sufflatus Lorem
3/18, 4:54am
Sufflatus Lorem
You're crude attempts to intimidate me aren't working, Kenny. I know that's difficult for you to understand.
Ken Whitman
3/18, 4:54am
Ken Whitman
You have stuff, he hates people like you, we want to make an example
see layers have egos too, me and you gonna make the law books
Sufflatus Lorem
3/18, 4:55am
Sufflatus Lorem
"He" doesnt even know who I am - and neither do you.
Keep making up the lies and fairy tales, Kenny.
Just like a punk.
Blah blah blah...
Kenny keep blowing hot air from his ass.
Ken Whitman
3/18, 4:56am
Ken Whitman
I did play him $100 to write up the papers to find out
Sufflatus Lorem
3/18, 4:56am
Sufflatus Lorem
Sure you did.
Ken Whitman
3/18, 4:56am
Ken Whitman
So... please, please
keep on texting me
Sufflatus Lorem
3/18, 4:56am
Sufflatus Lorem
Yeah, Kenny. Just like you threatened to sue RPG.net. Hows that coming?
Ken Whitman
3/18, 4:56am
Ken Whitman
see ya tommorrow Jimmy
Sufflatus Lorem
3/18, 4:56am
Sufflatus Lorem
HA H AHA!
As usual, Kenny gets it wrong again.
But, thats common for Kenny.
Ken Whitman
3/18, 4:57am
Ken Whitman
Are you rich?
I mean you have to be because your smart
Sufflatus Lorem
3/18, 4:58am
Sufflatus Lorem
Do you ever tell the truth, Kenny?
Ken Whitman
3/18, 4:58am
Ken Whitman
I tell facts
no openions
Sufflatus Lorem
3/18, 4:58am
Sufflatus Lorem
Do you ever complete your Kickstarters? Cause there's lots of evidence you dont...
Yeah, cause all that about my 'mom' was facts. Right.
Ken Whitman
3/18, 4:59am
Ken Whitman
What?
Sufflatus Lorem
3/18, 4:59am
Sufflatus Lorem
That was just childish ranting - which you always do when someone calls you on your shit.
Ken Whitman
3/18, 4:59am
Ken Whitman
Im sorry thats other Ken called you bad names
But the truth is, you are arrogant
and I will sue you
Sufflatus Lorem
5:00am
Sufflatus Lorem
HA HA HA!
Stop lying Kenny. You know and I know it was you. Facebook knows.
Ken Whitman
5:00am
Ken Whitman
and i hope you own stuff
Sufflatus Lorem
5:00am
Sufflatus Lorem
Sue me for being arrogant? HA HA HA
Tired of stealing from your girlfriends, Kenny?
Ken Whitman
5:01am
Ken Whitman
Sue you for "causing harm" and accusing me of crimes i have not commited"
Sufflatus Lorem
5:01am
Sufflatus Lorem
Yeah, right.
Ken Whitman
5:01am
Ken Whitman
FACT
Sufflatus Lorem
5:01am
Sufflatus Lorem
HA HA HA!
Ken Whitman
5:01am
Ken Whitman
Show me a conviction
its public record
go find somthing
Sufflatus Lorem
5:02am
Sufflatus Lorem
You dont get it Kenny. You've threatened to sue almost everyone who disagreed with you and called you on your lying shit.
Its not a threat.
Ken Whitman
5:02am
Ken Whitman
oh wait - you cant
Sufflatus Lorem
5:02am
Sufflatus Lorem
Hows your child molester friend, kenny?
Ken Whitman
5:02am
Ken Whitman
therefore accusing me IS AGAINST THE LAW
Sufflatus Lorem
5:02am
Sufflatus Lorem
HA HA HA!
Bullshit! If itsw against the LAW to accuse people, how does anyone ever get charged?
Explain that with your GED in law.
"It is important to remember that truth is an absolute defense to defamation, including per se defamation. If the statement is true, it cannot be defamatory."
Ken Whitman
5:04am
Ken Whitman
Am I convected criminal
Therefore telling people I am is FALSE
and posting it on my Atlanta Acting Marketing to hurt my business is
and Attack to my livelyhood
Ken Whitman
5:12am
Ken Whitman
So... tell that to the judge
take care
Sufflatus Lorem
5:20am
Sufflatus Lorem
Bring it.
Ken Whitman
5:22am
Ken Whitman
No problem
Kenny still spent more time on this then any communication to any of the Kickstarter backers.
ReplyDeleteHow is he going to pay to file civil charges around here a court filing is 118 bucks. Plus he would have to show a loss of revenue due to the action of the person involved Right know civil action against Ken. by Jolly, Marc and Stee for the damages against their IP and brand.
That's exactly right. IT's telling he has spent more energy fighting off backers he owes money/product to then he has in the last 8 months combined. Last time I checked it has been seven months since he's so much as typed a word on the KODTLAS kickstarter. Perhaps 8 or 9 months on Pencil Dice. And his Deck Die project (another no brainer - throw some money at a POD printer and you're done) even longer. Any sane person would realized just a "I'm working on it. Be Patient" update once a month would at least lull backers into thinking the guy's still engaged and hasn't walked away. He can't even be bothered to do that. If his "council" is truly telling him to be 'silent' and not talk and are doing him a great disservice. On the other hand they probably know when ever he opens his mouth or hits a keyboard he does himself more harm with his arrogance.
DeleteActually, I kind of hope that Kenny does sue me, and here's why.
ReplyDeleteKenny doesn't understand the difference between a tort and a criminal case, even though he uses the 'CIVIL NOT CRIMINAL' defense all the time. A defamation suit is very very difficult to prosecute and win, due to that pesky little First Amendment, and the fact that telling the truth is never defamation and is, indeed, an affirmative defense.
In a tort, all the prosecution, including the discovery, has to be done by the plaintiff, not the state. So, Kenny and his "lawyer" has to do all that work. meaning, it's going to cost a lot of money. Money is something Kenny doesn't have, of course. Also common sense, but I digress.
Then, Kenny has to prove that my statements are false. The burden of the suit is on him. I don't have to prove myself innocent. He has to show by the 'preponderance of evidence' that my statements were false and I made them knowing they were false.
Now, that's a high bar to prove. I could easily just enter as evidence all the posts about Kenny on the Tavern and NotAnotherDime and the comments on Kenny's many failed and abandoned Kickstarters, and argue that the 'average man' could read those and believe that 'Kenny is a thief' is a reasonable belief. Boom - case dismissed.
Of course, I wouldn't want to end the fun that quickly. Filing a suit opens up the possibility of either Kenny having to show, or me filing a Requests for Production, all his records vis-a-vis his Kickstarter financial transaction (that is - ever dollar into and out of his Kickstarter) to show that my statements are true. As the defendant, my ability to discover information allows me to do this, and I'm pretty sure I could convince a judge that I needed that information to successfully defend myself.
And sure as hell, I'll do that to show that my statements about his Kickstarter activities are true, which is an absolute defense against defamation.
I'm sure that somewhere in those records are the charges he put on his ex-girlfriends credit card. If he did use Kickstarter funds to buy a cruise or a car, that will be shown as well.
And, most importantly, we will be able to see if he actually paid any income tax on those moneys received for the Kickstarter. Kenny might have used a corporation (and it had to be something other than d20 Entertainment, LLC - cause it doesn't legally exist), or may have handled it as an S-corp. This means that all taxes would be attached through his personal income tax records, which I would most certainly ask for.
In other words, for Kenny to even file a defamation suit he would have to risk every bit of his financial information and transactions since he started his first Kickstarter to be opened up and shared with me and my defense team.
I really don't think Kenny would want all that information to be known, as that information might just open him up to criminal prosecution.
Also, I would most assuredly immediately file a counter defamation suit against Kenny for saying I was lying, as well as an anti-SLAPP suit.
I have no doubt that my case would be much stringer than Kenny's, that I'd be able to find a better lawyer, and my credit is in much better shape than his, so I'd be able to afford doing it.
I'm also pretty sure I'd win.
Also, his little anti-disclosure statement is legally meaningless.
http://apps.americanbar.org/litigation/committees/technology/articles/winter2013-0213-do-email-disclaimers-really-work.html
Footnote: I am not a practicing lawyer, but I do have a couple of very close friends who are.
Yeah, this is definitely a Soap Opera at this point.
ReplyDeleteNevermind, doesn't really need to be said...
ReplyDeletei for one would love to see him have to open his financial books.
ReplyDeleteI highly doubt he actually has financial books to open. If he did then the numbers he has thrown out would have a basis in reality (and/or common sense). If he did have books, than previous statements could be proof of deliberate fraud and if he didn't....well probably significant incompetence that could be seen again as deliberate fraud. There is a certain level of reasonableness that should be expected of a business conducting a fundraising effort.....oh right....Kenny didn't HAVE a business. That would cost money (and not that much) in Kentucky!
DeleteExactly. My understanding after talking to two different people who worked closely with him is that ALL the kickstarter money from ALL the projects went into his personal account and were mingled with no real budget. Money was spent were he felt it was needed regardless of which project it came from (and of course he admitted this in that infamous interview last year).
DeleteGood, and brief, read on Kentucky's opinion on a couple types of fraud: http://dlgfirm.com/kentucky-law-elements-of-fraud-claims/
DeleteNow I have to make a very small assumption on the part of KenzerCo, that your contract with Kenny has a provision for being able to look at his books (not an uncommon thing with that type of IP license), but this is easily arguable regardless because of some of the claims/figures that Ken has made publicly available to his investors (backers):
Fraud by Omission:
(1) that the defendants had a duty to disclose a fact or facts, (2) that the defendants failed to disclose such fact,
(3) that the failure to disclose induced the plaintiff to act, and
(4) that the plaintiff suffered actual damages there from.
Fraudulent misrepresentation:
(1) the defendant must have made a material misrepresentation
(2) that was false
(3) that the defendant knew was false, or made with reckless disregard for its truth
(4) that was intended to induce the plaintiff to act, based on the misrepresentation
(5) that the plaintiff reasonably relied; and
(6) that caused the plaintiff injury.
Doesn't look like too much of a stretch, if any.....
Might be his deciding factor to leave Kentucky. Plus the immediate co-mingling of funds is a business 101 no-no.
DeleteSomeone needs to remind Ken that when he sold product meant for backers to an online reseller and pocketed the cash any pretense that he 'had good intentions" or was just a 'bumbling businessman' went straight out the window. That was a calculated effort on his part. He pitched the sale, boxed up the books and received the cash — which he has admitted he used for his move to GA. He effectively made money on those books twice. Ken doesn't like to talk about that.
ReplyDeleteLove how he thinks "no criminal record" means the same as "not a criminal."
ReplyDeletehttp://i866.photobucket.com/albums/ab226/LasVegasRon/FR/whatamaroon.jpg
ReplyDeleteFurther discussion with a friend led me to this:
ReplyDelete"You can use Georgia's anti-SLAPP law to counter a SLAPP filed against you, but only in limited situations. Ga. Code Ann., § 9-11-11.1 allows a defendant to move to dismiss a SLAPP, provided that the exercise of free speech that prompted the lawsuit is about "an issue under consideration or review by a governmental body." If the court grants your anti-SLAPP motion, you may recover expenses and attorneys' fees from the SLAPP filer."
From http://www.dmlp.org/legal-guide/anti-slapp-law-georgia
As Kenny's Kickstarters are definitely an issue that is under consideration or review by a governmental body (how's those conversations with those State AG's going, Kenny?), a granted anti-SLAPP motion would stop Kenny's BIFD (Butthurt in the First Degree) case against me cold and allow me to recover fees from Kenny.
Conversations about this have ebnn the most intellectual fun I've had in a long time. Sometimes, I wish I was a lawyer. It pays to have friends that can answer technical questions and point you to good answers.
So, Kenny, if you read this - and we all know you are - you're screwed.
The thing that really confuses me, and I said this about Mike Nystul's failed kickstarters too, is I just don't understand the people who keep defending him. How people find ways to justify this behavior is mind boggling. I don't understand why it's okay for someone to take thousands of dollars and have nothing to show for it.
ReplyDeleteStockholm Syndrome.
DeleteAlso, some folks just have blinders on like these apparent girlfriends who think he's wonderful until he steals from them too.
That has puzzled me as well. Ken still has some staunch supporters. Mostly older friends from his TSR/LG days who worked closely with him. I get loyalty to friends. I really do. But as I pointed out to someone recently who defended Ken as 'a good guy with good intentions". When you say that to someone who has been a victim of one of his ventures it invalidates them.
DeleteI know someone who put up $750 dollars on KODTLAS who couldn't really afford it. They did so because they believed in the project and more importantly in ME. Ken, in my opinion pissed away that money carelessly. And instead of aplogizing he blocked her on Facebook for daring to ask about the status of the project. Then he called her a 'whiner'. Later in a PM he told me this person was an 'asshole' because she kept asking him about the project.
Now this is the guy who hasn't posted a single update on KS for 7 months. A LOT of friends and family put in $500+. Ken can't be bothered answering emails or taking their calls. He sees them as a nuisance.
So yes, I'm pissed at the guy. He asked in that discussion "Do you think Jolly is going to stop?" No, I'm not. Not until he posts an update on Kickstarter telling his backers the status of the project. Is he done? Is he still working on it? Is he going to turn over the raw footage? And that doesn't mean I'm going to harass him where he works or harass his friends (i've done neither). But I am going to keep posting updates on his KS and join any discussions about him that pop up.
Anyway, when people who stand by Ken and publicly defend him as "well intentioned" it greatly annoys me. They are enablers. They are the folks who have permitted Ken to come back to the trough again and again to feed over the years because he's never been held accountable for his actions. He simply goes away until memories fade, just enough to sweep around and try again.
The sad thing about all this is that a LOT of people were hurt. Not financially, I'm talking about broken trust. People who believed in the project and felt something magical was taking place. And that's Ken's special talent. Bringing a lot of creative people together on a project to work together. He's a great starter .
The problem is he works that magic based on empty promises and promising things he can't deliver. And instead of learning from his mistakes he just moves on to the next project and repeats the same mistakes.
It's funny to watch someone who is vague and dismissive in defense of his failures to suddenly become specific and point driven in an attack. I think it is fairly obvious he has someone coaching him, perhaps that jailhouse lawyer-sex offender friend of his. Anyway, I do seriously hope he somehow finds an attorney who works on commission, and who falls for his "story," and files a case. That would accomplish the one thing that no one has been able to do: provide a physical body in a court proceeding from whom the entire sordid story can be forcibly extracted ("discovery" is such a nice term for it). Skipping out of Kentucky was easy, but if he isn't careful he may wind up being a federal fugitive (income tax evasion is serious business). So, c'mon Kenny, hit us with your best shot. Let's see who wins in the real world.
ReplyDeletetrue. Ken would be doing a .lot of us a favor if he actually sued.
DeleteJust thought I'd point out that in January, Ken Whitman posted the following on this very site.
ReplyDelete<< "Look everyone, I'm hiding in plain sight! Oh and my phone number is on my Facebook page an kickstarter, and it the same number I have had for 5 years. But no one wants to call me, just talk shit on line. ">>
Yeah, I've called that number before....got nothing from it. I don't even remember being able to leave a voicemail. His number might as well been (123) 456-7890...
Deletehonestly I don't know anyone who's ever managed to get hold of him on that number in the past year.
DeleteKinda hard to call him when you're blocked from his page...
DeleteJust the fact he can be drawn so far offsides into the "No I'm not, but what are you?" retort school of 10 year old namecalling is funny in itself.
ReplyDeleteYeah, if his courtroom demeanor is anything at all like his Kickstarter attitude... well.. 'nuff said.
DeleteI think I have the archetype for my new "evil NPC" pretty much wrapped up, thanks to this guy. I mean, it's not every day you come across someone who can actually be classified as "evil." I strong dose of "I'm right and the whole world is against me" normally has a bit of insanity around the edges, but there's enough thought process behind it to discount that possibility.
ReplyDeleteBTW if there is any doubt this conversation was with THE Ken Whitman, must compare it to is attacks nine years ago here. https://forum.rpg.net/showthread.php?260989-Rapid-POD-Looking-to-Start-publishing-division-!&p=5787968#post5787968
ReplyDeleteer... here actually. https://forum.rpg.net/showthread.php?260989-Rapid-POD-Looking-to-Start-publishing-division-!&p=5787968#post5787968
ReplyDeleteI am a Georgia Lawyer. The legal discussion here was interesting and one person's viewpoint was highly original. I do feel it important to note that Mr Whitman has hired a 'layer'. Not sure what that is. A layer of whipped cream might be rather pleasant, but fattening. A layer of sod might be more permanent. If he's adding to his residence, a brick layer might be useful. Regardless, while I've never been threatened by a layer, it's not a threat I would ever take too seriously.
ReplyDeleteOn a more serious note, if he ever delivered the raw KODT footage to a third party (ie ZOE), wouldn't that make a large part of this controversy just go away?
Which raises the question of why he doesn't do that.
Yes, it make one wonder. If indeed he cannot finish the KODT project himself, turning it over to someone who can would go a long way toward digging him out from under this mountain of madness he has created for himself. But then, that might also mean admitting defeat, or at least incompetence.
Delete