NYSC upholds BehindMLM’s appeal against GSB subpoenas
The New York Supreme Court Appellate Division has upheld BehindMLM’s appeal against GSB Gold Standard Corporation’s subpoenas.
In upholding BehindMLM’s appeal, the NYSC Appellate Division ordered GSB’s subpoenas quashed.
Through subpoenas issued on two service providers fraudster Josip Heit (right), through his company GSB Gold Standard Corporation, sought to harass BehindMLM for reporting on fraudulent financial activity.
Said activity pertained to GSPartners, through which Heit defrauded primarily US and Canadian investors.
In handing down its decision, the NYSC Appellate Division noted;
- GSB supported its NYSC petition with German court orders, which were granted default judgments;
- “the record does not show that GSB made any attempt to notify BehindMLM of [German] proceeding[s]”;
- “the [Supreme] court’s decision to give preclusive effect to the German orders was not supported by the record;
- “the issue of whether BehindMLM’s statements were defamatory was not actually litigated and determined in” the German proceedings; and
- “BehindMLM was not a party to the German proceedings, was not notified of the proceedings and was not given an opportunity to litigate the matter”.
In light of the above findings, the NYSC Appellate Division went on to conclude;
We hold that when a party seeks an anonymous online speaker’s identifying information, courts must first require the party to take reasonable efforts to provide the speaker with notice and an opportunity to appear in the action or proceeding.
Even though the Website contains an online contact form, GSB has not alleged that it took any steps to notify BehindMLM before filing the petition.
As a result, BehindMLM did not learn that her identity was being sought until after the court issued the order on default.
Moreover, when a speaker asserts a First Amendment right to anonymous online speech … a court should consider the First Amendment rights at stake, whether the party seeking disclosure has stated a showing of a prima facie defamation claim, and the balance of the equities.
This Court has stated that “we should protect against the use of subpoenas by corporations and plaintiffs with business interests to enlist the help of ISPs via court orders to silence their online critics, which threatens to stifle the free exchange of ideas”.
In this case, GSB undisputedly set forth the precise statements alleged to be defamatory.
However, even if GSB had stated a valid claim of defamation per se by alleging that the statements were false and harmed its business, the broad and conclusory allegations in the verified petition did not sufficiently establish the falsity of BehindMLM’s statements.
Upon our consideration of all relevant factors, including the weak evidentiary showing and BehindMLM’s asserted First Amendment right to speak anonymously on matters of public concern, we conclude that, on the record as now presented, BehindMLM is constitutionally entitled to maintain her anonymity.
It should be noted that while the NYSC Appellate Division’s order quashes GSB’s subpoenas, legal proceedings have not yet concluded.
We’ll keep you posted on any updates.
So good that Josip and his mobsters have failed at locating the owner of BehindMLM. Justice prevails once again!
Fear not though, they’re already promoting Auratus but that will probably last just as long as Freebay or their JOne escapades. It’s going to be thrilling to see what snake oil they’re going to try and sell us next
Cryptodata Karatbars FINALLY under scrutiny:
evz.ro/unicornul-lui-coldea-cryptodata-in-vizorul-dna-ce-a-vrut-sa-faca-fostul-adjunct-al-sri.html/amp
Not quite. I did see the recent CryptoData stuff but it focuses on Ovidiu Toma’s scamming after KaratBars collapsed.
Toma not surprisingly kept the crypto fraud going with a bogus mining investment scheme. And he appears to have laundered stolen investor funds through Romanian government channels.
Congratulations Oz.
I love it when the courts make the right decisions on thorny issues.
well done!! This is an amazing result. Going for the anti-slapp now?
Congratulations!! Good to see a thoughtful decision.
Nice one!
Congratulations. Well deserved. When anti-SLAPP surprise?
Brilliantly executed! Well done!
Great news Oz. Now you just need to set up a fake news site and distribute a paid press release that says “BehindMLM wins in court against GSPartners”. That’s what they would do.
Looking forward to the next positive update from this.
Normally I’d provide commentary but seeing as we’re involved in these proceedings best to let things play out.
I’ll provide another update when I can.
Congratulations on this win. Not surprised with their ruling, especially after witnessing the court hearing. Sadly this idiot will not go away slinking into the sunset.
Still it was gratifying to see him get this butt hurt he deserved. If you really want to play with his mind, declare you are non-binary.
Congrats, wonder how the shills will spin this.
Awesome news..
excellent news, but does the court confirm a website is female?
I always considered websites to be gender neutral.
Gender is sort of a placeholder in this context.
Oz, my guess is that you are a guy.
Nah. Oz is obviously a celestial being, a primordial force that was brought onto this earth by a higher power to curb stomp fraudsters.
I was stupid enough to invest money in this company. They refuse to return my emails for a refund. I doubt I will ever get a cent back from them.
They had a call today and as usual told us nothing about the company. I hope they get what they deserve.
https://youtu.be/d7V7UcsHmGc?t=11826
It was so satisfying to watch the Judges tear GSWankers’ lawyer a new one