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Feb. 6, 2022 - Viva & Barnes
40:49
Ep. 99: WHAT A WEEK! Vaccine Mandates to Ottawa, & Other Law Stuffs - Viva & Barnes LIVE
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Good evening.
This intro also doesn't work when I'm not wearing Viva Fry merch.
Today it's Style Boys.
I'm a style boy for life.
Lonely Island pop star, keep on keeping on.
This is Winston.
Sorry, that might have been too close.
How's the audio?
This is Winston, nibbling my ear.
To the dismay of some, to the joy of others.
Okay, thank you.
Yeah.
Stuff's going down in Ottawa, and it's...
It's...
What a time to be alive.
All right, let me just get the lighting here good enough.
Get these dogs out of here.
What is this?
We've been using the office for kitty stuff.
So apparently word on the street is that...
This is according to Ezra Levant, Rebel News.
If you don't follow them, I don't know who is watching that doesn't follow them or know of them.
People who would call themselves journalists, I still refuse to call myself a journalist, are on the site.
And apparently, so for those of you who don't know, if you're new to the channel from the Ottawa stuff, Sunday nights are for the discussion of all things legal.
Robert Barnes, world class.
Amazing civil rights attorney in the United States.
Talking to the new faces here, we talk about all subject matter.
For those of you who have been here for a while, you also know that I've been in Ottawa.
Monday, Wednesday, Friday, Friday night, Saturday.
Just documenting.
I mean, I'm not journalizing or being a journalist, or maybe I am.
Just documenting what's going on, what's being described.
Or described as violence, intolerance, extremism, what some are equating to the January 6th insurrection.
The camera's going to start slowly falling down because the tape on the wall is coming off.
I spent the week in Ottawa, you know, four days, easily, let's see, six and a half, I mean, 11, 12, 13, 14, 20 hours of streaming.
I'm rounding up, just because it's a nice number.
And you all saw it in real time.
Nothing could be described as violent in this.
It is certainly annoying.
It is certainly noisy during the day and possibly at night.
It is certainly disruptive in a non-criminal sense, as meaningful protests are supposed to be.
The mostly peaceful but somewhat fiery protests where they burn down cities for a week, that's...
Disruption taken to the next level.
This is just, you know, disruption, which is what it's intended to be, but targeted disruption because it's on Parliament Hill by and large with some spillover.
Am I not in focus?
Sorry, hold on.
Okay, let's get the lighting there.
Not in focus.
And I was in Ottawa all week, you know, reading the news, reading the people, calling it outright lies.
Saw it for myself.
Was not what the media was saying.
And when a week of solid demonizing either didn't work or maybe it had enough of an effect, now they've declared a state of emergency in Ottawa, apparently.
And have brought in the police to arrest.
It was supposed to be as of midnight.
To arrest anyone bringing supplies or...
What's the word?
Not food and supplies, but logistics or aid.
Aid and support to the truckers.
And apparently they've, from what the word is, they've started arresting people four hours early, five hours early.
Greetings from Pantelis Nation is in the house.
Loved your recent episode on his podcast.
Pantelis, amazing.
I call him the Canadian Joe Rogan because he carries a conversation the way Joe Rogan does.
Delivery, insight, humor, all of it.
Pantelis, if you don't follow him on YouTube, I did a podcast with him this week and it's to talk about this madness.
I spent four days walking Ottawa, and we're witnessing something monumental that's acquiring a momentum that is increasingly exponential, but that has its risks because at some point it's going to hit a wall of something.
It's going to hit a wall of, okay, let's do this, and let's compromise, and let's roll things back and get back to normal life.
Or if you're a tyrannical government who doesn't like negotiating with the lowly hoi polloi and you don't like being perceived as having caved to the demands of the people, and I mean the actual people, you bring in the police and you come in heavy-handed.
We're going to see what's going to happen.
So I'm going to try to get back tomorrow and just do exactly what I've been doing.
My plan was definitely to go back on Thursday and possibly meet some people.
My plan was to go back and...
Have discussions with business owners as to whether or not the disruption has been what some are saying it is.
And now it looks like I might just go back and walk and see what's going on.
Viva, when you speak to someone on the street, you sometimes start in French, other times in English.
How do you decide?
I see what accent they have.
And if I detect a French-Canadian accent, I try to switch to French.
If for no other reason than just to show them that I'm bilingual.
And then it's the irony.
Like sometimes when people start speaking to you in French and they see that I have an English accent in French, they'll switch to English.
And it's the beautiful thing.
It's a question of pure courtesy among Canadians who are trying to go out of their way to speak the language that they think is familiar with the other person they're speaking with.
I like to show people that I can speak French and sometimes, you know, someone's English is not as good as their French and vice versa.
And so both parties try to accommodate.
False flags are coming.
There was a funny one that Rebel News posted of a person literally trying to feign one of those stereotypical Russian fake car accidents.
But for the fact that everyone has a dash cam, they walk out, the car stops, and then they roll over the hood and roll onto the ground and start screaming.
Literally, they just posted a video of that.
I retweeted it.
The fight gets dirty when you fight corruption.
Corruption fights back.
Whoever can remind me of who said that in the chat, that would be great.
I don't know if there's going to be an intro rant.
I'll take some super chats.
Standard disclaimer, people.
Oh, I'll get you one rant.
I'll get you one rant.
Standard disclaimer, no legal advice, no medical advice, no election fortification advice.
Now there's a lot of people out there, new faces who are watching.
I'm a lawyer.
I don't practice anymore, so don't ask me legal questions by email.
I have a standard response, but I'll just say this periodically.
I do not give legal advice and I do not take new mandates.
Part of it is because I can't stand the practice.
I could never stand the practice.
Part of it now is I'm going to be a liability of an attorney for any client in front of a judge because of my public persona, the positions I've taken.
I'm not going to be a Brian Peckford who is a respected citizen.
Author of the 1982 Constitution.
When he goes to court as a plaintiff or as an attorney, he will not be written off by any judge as an eccentric, whatever other word you want to go into.
So please don't email me mandates.
Don't email me details and ask me for stuff.
I don't do it.
I can't do it.
If I thought I, and I think I'm doing better for what I know that I can contribute to the world doing this.
Is there legal action in the city with the cops arresting fuel bringers for heat, but also all of the hotel rooms?
Nowhere to go in the cold.
This is my fear.
They want the situation to escalate.
And my fear is someone's going to freeze to death in their car.
In Montreal, it was about a year and a half ago, it was last winter, when they were shutting down homeless shelters because of COVID, because it was dangerous to allow homeless people into homeless shelters, an indigenous homeless man died in a porta potty, freezing to death, because the government, in all its infinite wisdom...
Said COVID is so damn dangerous, we're shutting down homeless shelters.
And now they're trying to...
They did it over the weekend.
I am certain there's a lawsuit in there.
Expedia, unilaterally cancelling all reservations.
And they flip you an email as if that sometimes doesn't go to your spam or maybe you don't notice it.
This happened to us.
Our Expedia reservation Friday night was cancelled unilaterally.
The excuse given, I don't believe it for a second, but they said, you know, no staff shortages.
They can't accommodate you.
Exceptional circumstances.
Cancellation refund.
Rumor has it, according to Rebel News, the government had bought out or occupied hotel rooms, vacant hotel rooms, so that people could not book.
But there's no doubt.
I believe there's a lawsuit there.
Who are you going to sue?
You'd have to sue the private enterprises or the hotels for failing to honor their obligations and class action for nominal damages but on a class scale.
Can't sue the government.
Thank you for the coverage.
Thank you for your coverage of the Trucker Convoy.
Been following you for two years now.
Viva for PM.
I don't want to be PM.
I think I've learned my lesson.
Here we go.
But thank you very much for the support.
Alert, alert.
Ottawa just announced state of emergency.
They're going to start rounding up people and sending them...
Okay, well, I'm not reading that part, but...
They've declared a state of emergency.
So the first half of that is accurate.
And apparently, they were going to start arresting people, bringing in supplies and sustenance for the truckers or for the protesters as of midnight.
Apparently they had to bump that up because it's such a serious state of emergency.
The tape I hold my camera to the wall with is falling down.
It was not intended to be a grift.
I'm extremely fortunate for what's been going on here.
This is my setup of the camera on the wall.
Let me just back it up.
There we go.
That's my setup.
It's a $75 Vitaad camera taped to the wall.
The tape has been doing very well, so I can't complain.
And I certainly cannot complain about the wild support which I've been trying to give back in my own ways.
I don't publicize those things, but I've been doing my best to give back as a result of the good fortune that this community has brought.
I couldn't be there in Quebec City due to an unexpected event.
From what I've seen, it was a huge and peaceful party.
I hope I'll be there next weekend.
Yeah, listen, I've got to bounce between Ottawa now and Quebec City.
Oddly enough, Quebec City is further away from Montreal than Ottawa.
Please see your location more often when you are streaming.
Look for you Friday and Saturday.
Hopefully you are back next weekend.
People are using creative ways of finding me based on where I am in Ottawa.
Here we go.
This is it, eh?
I cut a highlight, a 34-minute highlight of yesterday's stream.
And it took me three and a half hours to put the damn subtitles in the video, and I'm sure it's loaded.
Comment on dit en français?
C 'est bourré de fautes, d 'autographes.
It's going to have typos.
It's going to be loaded with typos.
I got so freaking frustrated doing that this morning, but I had to get it out.
So I put out the highlight of my discussion, interview, discourse with the counter-protesters.
Someone said you have to forgive them and you have to...
Pray for them, because they are victims of this in as much as everyone else.
Part of me thinks some of them could legit be government actors, just legit government cheerleaders, paid or not, who are out there like, rah, rah, rah, here's some propaganda.
Part of me thinks that.
Having spoken to them, the better half of my brain thinks they're just in a state of terror, and Stockholm Syndrome is a real thing.
I missed, hold on, I don't want to miss the...
Cornelius Buttknuckle.
Viva, thank you for your coverage of what's going on in Ottawa.
Right now, your voice and your coverage may be more important than anyone yet realizes.
Keep up the good work and much love from your southern neighbors in the States.
Thank you very much, Cornelius Buttknuckle.
And I'll see if I can find that chat to bring it up.
Viva, you have a video with interviews from counter-protesters.
You are a journalist.
How about I'm just a human?
I actually genuinely want to hear what they have to say.
What I found thoroughly...
Not eye-opening, because I've known it, but I found it thoroughly enriching, educational, is one of the protesters who seemed to be the ringleader or the master of the other protesters would not let them discourse with me.
Now, admittedly, she might view me with the same stink eye that I view the CBC.
So if someone's going to go give an interview to the CBC, I'm going to say, dude, watch out.
They're going to use it against you.
They're going to try to make you look like a buffoon.
I'm down here, dude.
They're going to make you look like a buffoon.
Be wary.
I would say the same thing.
But when something is live and unedited, I would have less of a fear of that.
But I can understand the fear.
She thinks I'm the enemy.
Fine.
But the irony was that this woman who is counter-protesting to tell other people what they have to do with their bodies is telling the counter-protesters what they can do with their mouths.
And she got to a few of them, but I had a discussion with a few of them.
Grand Jury DeHolt...
Let me see what this says.
Okay.
I don't know what that is, but I'm going to bring it down here.
Man, I thought, okay, I'm not going to mention these words.
You don't want to upset the overlords here.
Okay, the chats are coming in too fast, and I'm not going to be able to do it.
Politics ruins everything.
I just hope politics has not ruined me.
I don't think it has.
I think it's made me cynical.
It's made me a little upset.
And I'm genuinely afraid for what the future of Canada holds, because even if this all goes back to normal tomorrow, and I was telling someone this, like, okay.
I'm still reassessing.
Even if this goes back to normal tomorrow, that is like, you know, being in an abusive relationship where after being abused, they either, you know, legitimately or, you know, dishonestly say, I'll never do it again.
Trust me.
It was the thing with a dog.
Once a dog bites you, it doesn't matter if the dog is never going to bite you again.
You're never going to put your face near that dog's face ever again and not have the fear that the dog's going to bite you and that's not a healthy relationship.
Period.
And that is what the government has done now.
I can never look at this government again and have confidence in my heart, even if they abolish everything tomorrow, that they don't think they have the right to do it again at any point in the future.
Was awesome meeting you downtown yesterday.
Went hoping to see you and got to shake your hand.
Best moment of the weekend.
Thanks, Viva Wishmaster Brazen.
Let me see if I can recognize you from the avatar.
I can't, but it was nice.
It was just wonderful meeting everybody.
Even the counter-protesters.
So it's...
Here, let's see here.
So apparently cops are mass-mobilizing to shut down the protests tonight by force.
And this is when...
Okay.
I mean, fingers crossed, but cutting off fuel, I'm just thinking strategically, what's that going to do?
You're going to end up having a bunch of stalled trucks that you're going to have to tow out one by one?
That'll take a week on its own.
Assuming you can even find tow trucks, I want to hope that there's going to be a moment of solidarity between the police, between the people, the backbone of society, and the authorities.
I want to hope that there's going to be that moment.
But I'm not black-pilled.
I'm just close.
Your clip of the counter-protesters was fantastic.
How many times did they say, don't talk to him, he was with the unclean ones?
They didn't say the unclean ones, but they said, you're with the convoy.
Ideologically, I'm undoubtedly on that side, but even if I were an organizer, they are suspecting in me of the exact tricks that they are playing.
And that's why they're suspicious of me.
Because they're afraid I'm going to do something to take it out of context, to ridicule them or to mock them because that is what they do and that's how they operate.
And I'm not talking about they, the left at large, the counter-protesters and the people there.
All masked, by the way.
All covering their faces outdoors.
Heroes.
Heroes showing up to literally protest for more government oppression that they think is just justified this time.
All masked.
Except that one guy who said that he'll support the BLM protest.
Because it's a good protest, but he won't support the bad protests.
So he was counter-protesting because this protest's bad, his protest's good.
And they were so ill-informed.
BLM protests don't last for days in Occupy City.
I was like, are you on this earth?
And the woman who I interviewed, the elderly lady, who ultimately confessed she doesn't trust Big Pharma either, didn't know that the vaccines...
That the vaccine company, the pharma companies, required immunity in order to do this.
Didn't know that.
Missing a relevant piece of information for determination of decisions, especially given that she admitted she does not trust big pharma.
But my ultimate conclusion, by the way, I put it on Twitter.
That woman who was trying to stop everyone from talking to me, sure, it's because they don't want to interact.
I think it's more that...
The more any one of these individuals talks on an individual basis, the more likely it is that they say something that will get them cancelled with their own gang.
The elderly lady who said, I don't trust Big Pharma, if the elders hear that, she'll get chewed out by her own revolution.
The guy who ultimately admitted that he agrees with some of the protesters' positions but not the method, cancelled.
These people can't speak because they will say things that will get them eaten by their own revolution.
That was my ultimate takeaway.
Question?
Is this a question?
I don't know.
You tell me.
Is it?
What movie was it with Bruce Willis where she says, why do you always answer a question with a question?
And he says, do I?
All right.
I'm not going to be able to keep up with the Super Chat.
So final disclaimer.
We are simultaneously live streaming on Rumble.
And by the way, Saturday.
Yesterday, I think we had over 30,000 people watching the protest in real time between Rumble and YouTube.
Amazing, amazing participation on Rumble, which is just fantastic.
So if I don't get your Super Chat and you're going to be miffed, do not give a Super Chat.
I don't like people feeling miffed, rooked, chilled, whatever.
YouTube takes 30% of Super Chats.
If you don't like that, Rumble has Rumble Rants.
They take 20% so you can feel good supporting a creator, supporting the company, yada, yada.
Best bang for your buck if you want to support us in what we do.
VivaBarnesLaw.locals.com.
And with that said, without further ado...
Mr. Barnes himself is in the house.
Robert, how goes the battle?
Good, good.
Everyone in the chat, let me know if the audio is good.
Levels on both of our sides.
Robert, can you believe what you're witnessing going on in Canada?
It's great.
It's great to watch.
It looks like they're bringing in the heavy artillery, but the big guns tonight, or at least the big men with guns.
We'll see what's going to happen.
I might have to jump down tomorrow morning.
But yeah, they will bring the full weight of the government down on the protests, if y 'all fold.
Must hold the line.
Well, Robert, I mean, let's, you know what, before we even get in, you got a book by Reagan behind you, or a book of Reagan.
Book, recommendation of the week, what's it about, cigar recommendation, and then you've got to update our new fans in Canada on what's going on in the States on the battle that you're waging.
Sure.
So this is a book, a sympathetic biography of President Reagan by Larry Schweikert.
It was a gift that he sent me.
And so it's a good sort of, for those that want to see the pro-Reagan perspective, it's a good biography on Reagan.
And, you know, it really explains sort of the Reagan supporters' perspective on his presidency pretty well.
And so the, and this is, it's named for one of my favorite streets in Paris.
You would be able to pronunciate it better than I. Quai d 'Orsay cigar, which is very good.
Quai d 'Orsay, people, is the docks of Dorsey.
So Quai is Q-U-A-I.
When I lived there, I lived on Boulevard Saint-Michel.
That was protest central.
Literally, every Saturday, a protest going down.
They called it Boulmiche.
And when they protested, people, they did not leave the streets cleaner than they came, unlike Ottawa.
Well, you know, that's...
One of the countries that has become expert at trucker protests, farmer protests.
They'll just go to the streets, take over various side roads, country roads, dump produce.
The French don't lack for dramatic in the way they protest.
And they, in fact, were protesting along with the Dutch, along with people around the world, joining the Canadian trucker convoy.
There's discussions in the States of doing the same.
Already happened in Holland, being discussed in places all around the world.
So it shows what...
You know, one small protest can spark a global movement.
It's amazing.
Yeah, it was great.
I mean, just talking to those truckers, my bottom line takeaway, and I hate it, it's that the elite, everyone out there who's the counter-protesters, the government, the people who are saying, shut up and deliver, they look at these working class people and say, you are unable to know what is best for you.
Shut up and drive.
And I'm talking to them.
They're just good people.
They're good people with modest lives and modest expectations out of life.
They don't ask for much.
They just ask to be left alone.
And man, they're loyal and it's beautiful.
It's beautiful.
I mean, you know, playing hockey, having fun with music, keeping everything nice and polite, very Canadian style, but also the right way.
I mean, sort of an old school protest mechanism, which is rather than burn things down like BLM did.
Even though one of the people who tried to burn down a building got straight probation this week.
How nice it is to have the right politics in America's criminal justice system these days.
But it shows that the more effective way is to do protests cheerfully, protest in a civil manner, tends to be a lot more effective.
And all of the media lies and Trudeau lies got rather quickly exposed.
And Trudeau is now a mean joke, which is not the place you want to be if you're prime minister of a country.
Well, if anybody's watching, I'm going to do the trucker thing.
And if anybody doesn't know, I taught my kids at an early age.
If you go like this, the trucker's horns are on a rope on the side and they pull it.
When your kid's in a car, their minds will be blown the first time it actually happens successfully.
What's amazing, Robert, about this protest is that it was peaceful, but it was kept peaceful by the protesters themselves.
And there were incidents, the odd incidents of those flags we talked about, the protesters were the ones to say, get out.
Don't be here with this.
This is not what it's about.
They're cleaning the streets literally.
They're shoveling the snow literally.
It was the most festive and inspiring thing I've ever seen.
But, look, life comes at Canadians fast and we're going to see what's going to happen because the government has a way of escalating when they dig in their heels because they've been humiliated as they have.
Speaking of which, Robert, what's new on the front in the United States and the lawsuits that you're involved in and following as it relates to vaccine mandates, Bobby Kennedy, all those things.
What's the good word?
Well, I mean, the most interesting one this week really was the GoFundMe deciding to first announce that they were going to not give the money over to the truckers.
And then second, deciding that they were going to announce that they were not going to automatically refund the money to the donors.
And then third said that they're actually just going to steal the money and give it to the charities of their choice, depending on the timing of when people affirmatively requested donations.
This is different than what they've done in some high-profile cases in the past.
In the Rittenhouse case, funds got refunded automatically.
When they shut that down, when they shut down Build the Wall, they actually negotiated with the Build the Wall people to avoid litigation.
Not only did they refund the money, but they turned over their donor list.
To the Build-A-Wall, which was just fine by the Build-A-Wall folks.
So here, their attempts to do something dramatically different backfired fast thanks to the court of public opinion.
Because here's where the legal risk they potentially face.
There are three categories of people who could have brought legal action.
One is the donors on the grounds that their monies had been misappropriated contrary to their intentions and in breach of their terms of service.
Second would be by the people who set up the donation fund for the intended purposes it had.
And third were the truckers and the intended beneficiaries of those funds.
And the problem for GoFundMe is that the truckers, the intended beneficiaries of the funds, are not signatories to any GoFundMe contract.
So they could bring their own class action on their own grounds in multiple nations in the United States and Canada, depending on where they're located.
My understanding is some of the truckers are not from Canada.
Almost all of them are, but a few are not.
But they could still bring action in the United States if they wanted to.
The fact they're in Canada doesn't limit them.
It'd be whichever jurisdiction they would find the most friendly and favorable.
They could bring a potential claim, given that GoFundMe is based out of the United States.
So that would be the risk for GoFundMe is the class action claim from the truckers, the intended beneficiaries, the third party intended beneficiaries, the diversion of their funds.
Plus, they probably had a reasonable reliance interest because some of these truckers understood that their expenses and costs would be reimbursed.
They wouldn't be out of pocket.
They wouldn't be broke because of this based on GoFundMe promoting and supporting and profiting from this fundraiser.
So I believe they would have some legitimate claims in equity.
Which apply in both Canada and the United States as former British, as borrowing from the British traditions.
Probably not in Quebec, I guess, because Quebec's a statutory jurisdiction, right?
Yeah, but it's the statutory follows the common.
I mean, look, the laws are the same across Canada.
It's just how they're written and how they're codified, which is different.
But Robert, okay, so for anybody who missed the beginning, it was the second time GoFundMe froze the charity.
And this is why Robert also...
I think their behavior was double fraudulent because they originally froze it at $4.8 million.
They said, we're freezing it because you haven't provided a direction as to how the funds are going to be used.
They satisfied that and GoFundMe unfroze it, which is tacit if not implicit or implicit if not tacit recognition that we're good to go.
People can go ahead and donate again.
Then they freeze it a second time.
We can get into the government pressure side of this afterwards, whether or not they are You know, something of a state actor.
I know people want to raise that argument because they did buckle under political pressure coming from government officials.
They froze it a second time and then issued a bullshit statement, which I shared on my Twitter because I got the email.
It said, what started off as a peaceful protest has now morphed into something different.
After receiving multiple reports of incidents from the police, we are refunding all of the monies.
This was after saying...
If you want your money back, ask for a refund.
And if not, we'll give it to a charity of our choice.
Then they said a charity of the trucker's choice.
Then they just went with that.
So, I mean, what do you make of that argument?
That when they froze it the first time, said provide direction, and they did, and then they unfroze it.
That's like explicit confirmation that it's an okay charity going forward.
Yeah, no, I agree.
I mean, the fact, I mean, there was plenty of public attention brought to it, so they knew what it was for, they knew what it was intended to, and it didn't breach their terms of service.
And pretending it was somehow an occupation, and the problem for them here, GoFundMe's based in the Bay Area, run by a bunch of hardcore lefties, you know, usurping a platform that was supposed to be, again, politically neutral, in my view, a violation of the UNRWA Act in California, which governs them because they're based in California, is the problem they have is Chaz.
Not only did GoFundMe support and allow fundraising, to my knowledge, to this day for the CHAZ CHOP, the Capitol Hill Autonomous Zone, the Capitol Hill Occupied Property, whatever they wanted to call it, in Seattle, but they went and affirmatively promoted it on their social media.
So for them to suddenly say, and that was an actual occupation, not the protest taking place by the truckers in Canada.
That was an actual occupation where they foreclosed and stopped and prohibited police from entering.
They legally, physically took over the property.
And yet to this day, GoFundMe was promoting it, not just allowing funds for it, promoting it and propagating it.
So for them to suddenly claim, oh, you know, this trucker thing, that goes past our limits.
No, it doesn't.
And everybody knows it doesn't.
And they have written documentary proof it didn't.
When could, in theory, GoFundMe ever become liable for damage caused through the funds that were given to any entity?
Hypothetically, just hypothetically, GoFundMe allows funds to be raised for an outright terrorist organization.
And they carry out an act.
Can the victims of that act say, okay, you tolerated this, you facilitated this, we're going to go after GoFundMe.
What would be required to take that kind of action?
That's actually been litigated in some other contexts, and Section 230 immunizes them in the United States.
Twitter facilitated terrorism, and the argument the complaint was that they knowingly facilitated terrorism.
The court said, nah, they're immune, Section 230.
So that's the extraordinary thing.
So one, there's a bunch of Canadian claims could be brought where Section 230 does not apply, of course.
But in the United States, the other people could bring claims as the donor organization that set it up, and secondly, the donors.
Now, the issue would be whether or not both of them, as signatories to the GoFundMe terms of service, would have to go through individualized arbitration.
My view is there were credible arguments to get around that, but it would be an uphill battle.
The way the American courts love arbitration, it's a terrible system in my view, but they love it and they force it upon people routinely and regularly.
But upon occasion, in a select case, write court, write facts, you have an argument to even bring a class action under those circumstances.
But the other problem is in order to get these class action waivers in their terms of service and mass arbitration, in order to make that legal under California law, You have to agree to pick up the price of the arbitration.
And so as a person filing a claim, you can in certain circumstances claim you don't have the money in order to pay and sometimes get a waiver of the filing fee.
But the most you would be obligated to is $250.
But on average, a consumer arbitration costs at least $10,000.
So if the 10,000 people...
Filed separate independent individual arbitration claims, which cannot be aggregated because of GoFundMe's own terms of service to prohibit class actions.
They could be out $10 million plus in cost.
So the way all of this developed was, first, ordinary everyday people made a big stink about it everywhere they could and every platform they could.
Then those of us who are lawyers...
It escalated it again, suggesting legal action be taken, suggesting criminal investigations be looked at, class actions be pursued, etc.
So that gave it certain legal validity to others who follow us.
That led to candidates, Senate candidates like Blake Masters and J.D. Vance, and congressional candidates like Patrick Witt and like Joe Kent and some others, promoting it aggressively, saying...
Criminal investigation should be looked at as well as major legal action taken and laws reformed if there's no legal remedy currently in the United States.
That led to actual action.
By state attorney generals.
You had five different state attorney generals within 24 hours, including Texas, Florida, and West Virginia, and two other states, ask for people to notify them and say, we're opening up a criminal case, we're opening up a consumer fraud case.
All of a sudden, GoFundMe found Jesus and said, you know, we didn't really mean we were going to steal the money.
In fact, we're going to be sending it back to you right now, right?
We're hitting the keys, automatic refund as quickly as they could.
To try to get out of that problem, they're still not fully out of the woods because of what they did, but they limited the scope of their civil liability and limited the scope of their criminal accountability by taking such quick action.
But the fact that a company that big of that scale could reverse that fast tells you the effect of people in the court of public opinion.
And increasingly, the people that are following this chain of...
Ordinary people to, in this particular context, because it's a legal issue, to lawyers who have substantial followings, to Senate candidates and House candidates who are expected to win or to be competitive, and that it now translates into attorney generals taking quick action, and we're seeing a pattern of this occurring, is a very promising sign for holding some of these big tech companies accountable.
You're on mute.
Yeah, let the boomer enter the chat.
One question I had.
When you give, you can tip GoFundMe.
Nobody should ever tip GoFundMe.
No one should ever use it again, but do they reimburse the tip?
And I don't know what ancillary charges might exist even for a refund.
Does anyone know in the chat if they refund the tip as well?
Just one question out there.
I think they do, but I don't know for sure.
That's part one.
They might should hear because there'll be an allegation of fraud for them promoting this and keeping any monies at all.
And then unjust enrichment claims would exist.
The second aspect is that the other thing this did is give a huge boost to a man we met at the Project Veritas event, which is the founder of Give, Send, Go.
Which quite strikingly, a good number of people, despite Gibson Goh, stepped into the breach and helped out substantially in the Kyle Rittenhouse case, raised close to a million dollars for Kyle.
That ended up being useful in the bail arguments that got him back a lot of those funds.
But a lot of people were still unaware of it.
And now a lot more people are aware of it.
There were DDoS attacks and other attacks on their servers.
And so then Rumble stepped in.
And Rumble made sure that everything could get fluid.
And so all they're doing, kind of like what folks are trying to do with Joe Rogan, is promote independent, you know, free tech, is what I'm going to start calling it, free tech platforms that are much better than these big institutional monopolists are.
And by the way, the Stryzand effect is not always bad.
GoFundMe is going to reimburse my donation.
Well, I donated to give, send, go for the convoy, like...
In the order of 10 times more, more than 10 times more than my original donation.
And I'm not the only person that's doing that.
I've seen some tweets and gotten some messages of people saying, yeah, now, thank you very much, GoFundMe.
I've tripled my donation to Give, Send, Go.
And people, yeah, people are going to go there and they're going to see it's a Christian website, Christian fundraiser.
I don't know what restrictions there are on the types of fundraisers that they will or will not allow based on their religious ideological leanings.
But one thing's for certain, you'll know from the get-go so that you won't get screwed like this because of an arbitrary or capricious decision in the midst.
It'll be clear, baked into the terms from the beginning, I presume.
If I'm wrong, I'll correct myself.
But unlike GoFundMe, which they literally buckled to the pressure and you literally had the police chief of Ottawa taking credit for the fact that this occurred.
It's the next level of corruption.
They don't even let the people support a groundswell movement.
Try to ignore, try to minimize, try to demonize, and then you try to starve.
I mean, this is the way it's going, and by all accounts, now they're trying to freeze and starve out the participants.
And I have bad thoughts in my head, and I don't want to say them out loud to put the juju out there in the universe, but this is not going to work on these people.
So they're going to sit in their trucks.
They're going to run out of diesel.
And do you think you're going to starve them out?
It's like the British in Braveheart, where they said, like, if we can't root them out, we'll breed them out.
Like, this is the way the government here thinks.
If we can't coerce them out, we're going to starve them out and freeze them out.
And it's just, it's atrocious.
But GoFundMe, do you think, are we going to see lawsuits, Robert?
Because, I mean, I know America's more litigious than Canada.
Do you think, and there were American donors.
Do you think we're going to see a lawsuit?
Well, I mean, there probably still will be, but it will probably be through the arbitration process.
There may be some people who try to challenge the arbitration process, but they substantially limited the scope of their liability by automatically refunding everything quickly once they realize the legal exposure they face.
Because the other thing people can do that Tim Pool put out there is say, look, I feel defrauded, notify their bank and request a chargeback, and the chargeback cost GoFundMe has to pay.
And that can accumulate substantial monies in a very short time period.
So I think it just shows how out of touch GoFundMe is, and it shows the increasing power of collective action against even these big monopolists.
I actually called the credit card company and asked what a chargeback was, and they said, we don't know what a chargeback is, but if you want to claim fraud, and if they don't reimburse you, then we will investigate, and it'll take 30 to whatever days.
I was like, okay, by that time, they will have reimbursed me, so maybe I'm going to have no cause of investigation even by my credit card.
But I called up, spent a little time on hold Saturday morning.
And yeah, give, send, go was overloaded.
I mean, my goodness, I tried for about a good hour Friday night, and then I finally got through at some point Friday night, Saturday morning.
Robert, unless we have more on this, I got my own.
This was going to be my opening rant, but it's going to fit into this.
Speaking of big tech being criminals.
So I streamed yesterday for four hours.
And I monetized the stream.
It was monetized.
And I have no qualms about that.
But then it got claimed.
It got claimed by Warner Music Group.
And I knew it was happening in real time when I was going through the crowd and they were playing We're Not Gonna Take It.
And ordinarily I make the joke and then I just didn't make it that time.
But Warner Music claimed the entire four-hour live stream for copyright claim based on What they identified literally as 12 seconds of audio, which was background audio of the protest.
I was going to contest the claim by copyright, and I want to ask you that first question as to whether or not I would have had a legitimate claim, because I do appreciate it was the chorus, it was the distinctive part of the song, and it was in there.
You could hear it.
I decided not to file a copyright dispute.
I just said, I'll mute the audio.
It's an option on YouTube.
Mute the audio.
It took YouTube 20 hours to process that mute, during which time 100 some odd thousand views on that video accrued.
And I imagine, I presume, maybe I'm wrong and I'll update.
I presume those views are going to go to Warner Music until YouTube was able to successfully mute the audio of that 12 seconds.
So that is like the weaponizing of the copy troll.
My thought in my head was, one day...
Big Tech are going to sponsor protests so they can then claim all video footage of those protests because of the music or copyright materials played in the background.
Wait for it.
It will happen one day if it's not already happening.
So two part question, Robert.
Would I have had a legitimate claim to claim a copyright dispute as in fair use or incidental or de minimis use because it was in the background?
Oh, yeah.
Essentially, a lot of these big copyright entities have computerized algorithms that somehow are working with YouTube because they're able to track and trace this.
I sort of tested this out.
I had a very small video channel that I just put stuff up very occasionally.
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