[Then, in August of that year, Keith started emailing me. First with the long screed you'll read below, and then a dozen more times to threaten me or to tell me Steve Brooks is the person who fucked up the Silver Shifter (Absolutely true, Steve. He said you screwed up the first 300 and that's why he took over.) His first email came a day or two after I had left a goodbye post saying I was quitting my site because I had found this site and felt there was really no reason for me to continue posting because I could never live up to that example.]
Sunday, August 08, 2004
The Funniest Shit and The Art of Intimidation
So that was seriously going to be my last post on Wednesday. Well, it wasn't at first, but then I thought, "What the hell, now's as good a time to end as any." And I would have, if I didn't get this totally sweet e-mail from Keith Lack of Arlen Studios. So you can thank him for having me back.
What follows is the e-mail with my annotations, followed by some more comments to him. I've left his e-mail unedited, all the spelling mistakes and poor grammar are his.
What's the matter ASS FUNGUS?, 1
Too many of the "wrong" people starting to get close to knowing who you are. I've got news for you. I've know who you are for the last few months now. Why did I not do anything about it sooner? Well, your not worth a big effort in regards to retaliation and secondly, I am waiting to deal with you face to face (hopefully at a convention some time or if I get board, I may just hop on a plain and pay you an unexpected visit. I travel all over the world on a yearly bases. You would just be a convieniant lay over on my way to somwhere. 2). That is how men do things. See, I am not a cowered hiding behind some BLOG. 3 If I have an opinion, I voice it and want all to know it came from me. That is what individual self _expression is all about. I do not have a problem with you expressing your opinion publicly but why hide? COWARD is all that comes to mind. Actually, PUSSY is the first thing that comes to my mind but I think about that a lot in any case and it just may be a leftover thought so lets stick with COWARD for now. 4 You have hurt allot of people and in this cases, tagged me on your piss-ass little site once to often. Closing it, will not make me forget you or what you have done to so many. I am not going to let you fade off into the darkness of cyber world.
Currently, I am working on ways to make your life less private. See, I have all your contact info. at present and am going to post it in a number of places very soon letting all who you have slandered know who you are and how to get a hold of you should they decide to sue you. 5 Also, My father (retired now) was one of the best attorneys in the state of California till. He handled (and still can) litigations all over the world from right here in Ca. Currently I have six others whom you have hurt. My father and I are now preparing the documents to proceed in filing a class action law suit against you in their names. Dad is willing to work on contingence in this case (for free unless a judjment is handed down in our favor then 35% off the top for his time and trouble). The only cost will be the filing fees. Hope you have serious cash resources because your life is about to get real unpleasant for awhile. 6
I think you took the freedom of speech precedence set by Larry Flint in the Fallwell vs. Flint case to much to heart . 7 See "Andy", There are reasons there are words and phrases like "Deformation of Character" and "Slander" floating around. 8 These are words that our legal system has given us. And are there for a reason. Keep in mind, Flint had a dozen attorneys going over every Fallwell article before it was printed. He (unlike you) was careful when he went after Fallwell so as to not let his ass be hanging out. Why am I even bothering with you? Well, because you are the worst type of parasite. The human kind. You are no better than one of the terrorists that toppled the trade center in my opinion. 9 Shots from dark holes. Worms live in dark holes. By your writing, you seem like a smart guy so I was surprised to see you goof up so bad and leave your ass so exposed. You and those around you will know what I mean very soon now. All I will say at this point is Yahoo has been very cooperative once dad got involved. I wish I could be there to see the look on your face when you get............ I am letting to much out of the bag now. 10
About now you are saying to yourself, "Hummmmmm, Why does this jerk just tell me who I am now and prove to me he has all this info on me?" 11 Nope, that is not fun enough. I like the idea of you not being quite sure if I really know or not. Is it a bluff? Then POOF, one day out of the blue, you and your life goes on display for all you have hurt to see. What goes around comes around. Who is shooting from dark holes now? I think it is too late for public apologies and all that now and would rather see you exposed. I will admit it was allot of work to find you and cost some $ but once one starts throwing some cash around, it is amazing how tight lips loosen up. 12 I would hate to see it all go to waste by letting you off easy with an apology. I doubt you would do it in any case and expect this may fuel you even further to get your site back up and running again. Please do! PLEASE, PLEASE, PLEASE...... I am a patient man and would love to see you dig yourself in deeper. I'll even wait a bit to get more on you. As it is now, I can not be added to the class action as I can not prove damages like the others. But if you get back up and running, no doubt you will goof again and I will be able to prove damages. 13 As it is now, we have excellent proof of damages from the six interested in the class action thing. Dad will take care of the rest. I hope you and those around you have more than the check we did shows. As it is now, the estimated judgment on this will be vast, you will not have enough even if we liquidate all you and yours assets to cover it. But the satisfaction will be so worth it to so many. See and talk to you soon! 14
Most Sincerely,
Keith A. Lack
PS. We have already copied all the text from your site and had it notarized. No changing it now. You my friend are BUSTED!!!!!!!!!! Also, you should be expecting a call from your ISP soon as well. See dad and I will handle the civil thing but the FCC seems to be interested now as well. It seems you may now be under suspicion of having violated FCC regulatory commission gridlines. In short a FELONY. Wow! Congratulations. So much shit stirred up in so little a time. Your parents must be proud of you. 15
1- You don't often see a question mark followed directly by a comma. I appreciated this inventive construction.
2- Listen, Dropout, I'm not going to bust on you for your awful grammar, spelling, and punctuation throughout this e-mail, but if you want to be taken seriously you should really have someone go through your e-mails so they don't look so ridiculous. First, the word is "bored." Second, the word is "plane." Third, the word is "basis." Fourth the word is "convenient." Fifth, layover is one word. If you say I'd be a convenient lay...over on your way to somewhere, you're saying you'd find it convenient to come and fuck me while on your way somewhere else. I don't think that's what you mean.
Regardless of that, what are you implying here? That you're going to come and find me at some magic convention and beat me up. Good luck. I would love that. I'm the worst type of person to fight. There are certainly other people stronger or more skilled than me, but my greatest advantage is that while you're in the "let's circle each other and figure out if we're really going to fight" phase, I'm busy knocking your fucking teeth down your throat. I'm not averse at all to fighting, and I would love to kick the shit out of someone at a magic convention. That sounds super-funny. We should do it at FISM or some shit and see if it makes MAGIC magazine's coverage. Of course it would only be self-defense on my part because you're the one intimating you want to start physical violence because I make jokes about magic on a weblog. That sounds ludicrous to me, but if that's the way you feel, have at it.
3- I've never understood this argument. Why am I a coward (or cowered) because I post my thoughts online for anyone and everyone to read? I'm not talking about you behind anyone's back. I'm talking about you completely out in the open. Why don't I give my name? As I've mentioned before, this is easy for anyone with a second of thought to figure out. Let's say I'm completely unknown in magic, well, then what good is it going to do you to know my name? On the other hand, what if I'm somewhat well known, or even really well known in magic, then people find out I do this site and they act completely different around me. Companies that usually give shitty service go out of their way to do well by me so I don't trash them on this site, people become guarded in what they say. I don't want that.
4- Yes, I'm sure you spend a lot of time thinking about pussy. Like a hungry man spends a lot of time thinking about food.
5- Fucking go ahead then. What you don't understand is that I don't care if people know who I am. The only thing it will prevent me from doing is writing this site. So I'll stop writing this site. This is a very small part of my life.
6- Hahahahaha. Okay, I look forward to that lawsuit.
7- Your knowledge of the law is amazing (and it's about to get funnier, readers) you managed to misspell the name of both parties in that case.
8- Goddamn you are a riot! "Deformation" of character? It's defamation, you idiot. You're like Jeffy in the family circus. It's cute. Do you say "Psghetti and Meatbulbs" too? Oh, and "slander" is spoken. Your knowledge of the law is absolutely adorable!
9- He makes a good point. There really isn't much difference between killing a few thousand innocent people and making fun of Silver Shifter.
10- What a douche.
11- Actually no, I'm not thinking that. I know you have no idea who I am.
12- He's saying it was hard work tracking me down and it cost him a good deal of money, yet in the first paragraph he says that I'm not worth a big effort. Proofread your made-up shit for consistency before you send it.
13- Gee, I know I shouldn't be giving advice to the person who is planning on suing me, but you shouldn't beg me to restart my site, it kind of weakens your case in the class action lawsuit.
14- Looking forward to it!
15- Oh no! Thanks for the warning. Man, I'm really, really scared! I'm going to lose my anal virginity in prison because I made fun of The Magic Cafe! And the FCC does not look kindly on that.
Now, obviously I wasn't fooled by this shit. It's too ridiculous. Even if he did have people lined up to to sue me (he doesn't) I wouldn't care because I haven't done anything that you can sue me for. Maybe Keith's dad can explain this in more detail for him, but I'll give it a shot. You can't sue me for making fun of you. You can't sue me for giving an opinion on your service or product. Even if that opinion causes people not to buy your product or use your service. Got it? It's freedom of speech. If you could do that then people would sue Ebert and Roeper for giving bad reviews of their movies. The only thing you could possibly sue me for is if I wrote something that was provably false (opinions can't be proved false) and that false statement must have caused you quantifiable damages. Got it? That would be libel. But again you have a problem. First this is a comedic web site and there are looser standards when judging comedy. Second if I did ever print anything that was libelous, it would have been done unintentionally and I'd gladly remove it. These six people (not including yourself) who supposedly have damages against me have, oddly enough, never written me to say that something I've written is false. I wonder why. Hmmm, no I don't wonder why. It's because there are no six people and you're full of shit.
And damn, that bugs me. If you had written me like a normal human being and said, "Hey, I know you have every right to say what you're saying, and you're probably going to make fun of me for even asking, but would you go easy on me [or 'would you go easy on whoever']. I realize it's supposed to be all in fun but it's kind of upsetting." Guess what. I would have taken it easy on you. The big lie, and I certainly perpetuate it, is that I'm an unreasonable prick who just talks shit about everyone. And while that's somewhat true, it doesn't tell the whole story. It's only when you or your idiot friends talk about suing me (whether it be for "deformation and slander" or child pornography, as was mentioned by your inbred buddies at the Cafe) that I become truly rabid. So you can send me some more e-mails full of empty threats and utter bullshit if you're so inclined, but don't expect me to be intimidated.
The Art of Intimidation
First, don't lie. And certainly don't lie about things you don't know about. The mistake Keith made is that he tried to base his intimidation on a total bluff. And I (since I know who I am, and I know my situation) know the total truth, so I'm able to gauge all his statements against the actual facts. That might not be a clear and I don't want to give anything away, but, well let's put it this way... say someone called you up and said, "I followed you home last night and got in through your basement window. Tonight I'm going to do the same thing, but I'm going to slit your throat while you sleep." Now, that's certainly intimidation, but if you live in an apartment you know it's a lie, so it's not very effective intimidation.
Second, don't oversell your position. There is no quicker way to end an argument, debate, or fight than by overextending yourself. If Keith had just written an e-mail saying, "My father is a lawyer and we believe we can prove damages and we intend to sue you for libel." Perhaps that would have given me pause. I doubt it, but perhaps. But Keith made the mistake that if one threat was good then maybe 30 would be really good. And that caused him to just make some ridiculous statements. For example, a class action lawsuit can only be filed by people with substantially similar circumstances, I don't believe it could be filed in regards to different statements that affected different people in different ways. You can't just file a class-action lawsuit, you need class-action certification. Oh, and another ridiculous claim that he made (that the FCC wants to take action against me) is probably the dumbest thing ever printed on this site. And I've printed a letter from Daffydoug! The FCC doesn't regulate the internet you dipshit.
Third, choose your target carefully. I am not easily intimidated. You can regroup, get your shit together, and come back at me. It doesn't matter. I have no respect for someone who tries to shut me up not with logic or reason, but with threats and lies. Stick to making unnecessarily realistic looking thumbtips. Apparently that's something you're capable of at least. You're not capable of intimidating me because I'm smarter than you, and in this case, I'm in the right as well. Now shut the fuck up.