Billy Mitchell's Appeal to the FL Supreme Court Might Surprise You | LAWYER EXPLAINS

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  • čas přidán 27. 05. 2024
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    In this video, we're going over Billy Mitchell's lawsuit against David Race for a claim of unlawful recording in relation to the Billy Mitchell Donkey Kong high score cheating scandal with Twin Galaxies. The case was recently dismissed by the Court of Appeal, and Mitchell has appealed to the Florida Supreme Court. Is Mitchell just being vexatious here? Or is there something more? Come check it out and let us know what you think!
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    #BillyMitchell #DavidRace #TwinGalaxies
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Komentáře • 249

  • @LegalBytesMedia
    @LegalBytesMedia  Před rokem +2

    Get 25% off Blinkist premium and enjoy 2 memberships for the price of 1! Start your 7-day free trial by clicking here: www.blinkist.com/legalbytes

    • @datagod
      @datagod Před 9 měsíci

      Hi. Please credit my photo, as per the requirements of fair use, and the creative commons under which this photo is authorized.

  • @paulghignon4092
    @paulghignon4092 Před rokem +128

    You need to be careful. I've heard saying Billy's name three times summons him, and then he SLAPPs you with a lawsuits.

    • @Unknown_Ooh
      @Unknown_Ooh Před 10 měsíci +3

      Getting a lawsuit from Billy is a badge of honor and not serious because he hasn't won any of his other lawsuits and is known for vexatious litigation so it'll be easy to countersue him and win, you'll just never see that money.

    • @andrester88
      @andrester88 Před 9 měsíci +2

      ​@@Unknown_Ooh
      Still, at the end of the day, the defendant is still out legal fees and since countersuing takes more money, it's a moot point to do.
      Someone needs to sue billy for anti SLAPP or something to make him stop all these frivolous lawsuits

    • @Jungleant310
      @Jungleant310 Před 9 měsíci +2

      And if you mention his bad bell looking hair ...boom lawsuite..

    • @radnelac
      @radnelac Před 9 měsíci +1

      William "billy" Mitchell. The little boy is filing lawsuits.

    • @paulghignon4092
      @paulghignon4092 Před 9 měsíci +1

      @@andrester88 The problem in all that is anti-SLAPP laws don't exist in every state. Guess which states billy has filed his lawsuits in?

  • @davidrace4493
    @davidrace4493 Před rokem +168

    I would like to thank LegalBytes for the time and effort that was put into the analysis of the Koch, Aquadro, Kountze and France cases, as well as my own. I appreciate it.
    For the sake of accuracy, I feel it necessary to make a correction regarding what was said at 1:55-2:00. I am not the first person to achieve a perfect Pac-Man score. The screen capture was referencing the perfect Pac-Man score I achieved on November 20/21, 2020, which was highlighted as the "first Perfect Pac-Man of the weekend." This would have actually been my 10th perfect game.
    Also, with respect to what was said at 2:24 - 2:28, the only recordings that were made public as part of the Twin Galaxies case was a 01/16/2019 voicemail and an excerpt from a 04/01/2018 phone conversation. The only other recording made public before the 4th District Court of Appeals issued their Opinion was the 04/1/2018 conversation in its entirety.
    The 27 calls Mitchell alleges were recorded without his knowledge or consent, were assumed based on his phone records.
    Thank you,
    David Race

    • @Imugi007
      @Imugi007 Před rokem +26

      Hang in there David. The whole of the gaming community is with you. Good luck.

    • @davidrace4493
      @davidrace4493 Před rokem +13

      @@Imugi007 Thank you.

    • @snooganslestat2030
      @snooganslestat2030 Před rokem +12

      Not part of the gaming community im into the law side but we're also with you. Mitchell is clearly a vexatious litigant & needs to be stopped.
      Hope this is reserved as soon as possible, take care of yourself.

    • @davidrace4493
      @davidrace4493 Před rokem +8

      @@snooganslestat2030 I appreciate it. Thank you.

    • @rexapis1737
      @rexapis1737 Před 10 měsíci

      @@snooganslestat2030 Obviously the objective with the appeal is to tie up the audio recordings of Billy explaining his cartoonish super-villain like scheme and intent to further defraud New Twin Galaxies long enough so said evidence will not be admissible in court.
      As long as the the issue and corresponding evidence are tied up with red tape in the appellee court, any evidence that favors Twin Galaxies in their own suit will be useless.
      Can anyone confirm and/or elaborate?

  • @Earthboundmike
    @Earthboundmike Před 9 měsíci +13

    It still baffles me that both parties would need to be privy to something being recorded. It feels like a law that exists just to protect people who do things illegally and want an easy shield.

    • @Chocomint_Queen
      @Chocomint_Queen Před 8 měsíci +1

      Sounds like you understand it just fine tbh
      The legal system isn't meant for the lower classes, or else it wouldn't be so expensive

  • @anniesenol9858
    @anniesenol9858 Před rokem +77

    It's patently unfair to hold someone living outside of Florida to Florida law. I can't tell from a phone number where that call is originating as cell phones can travel the world without changing the number. It makes better sense to hold a person responsible based on the law where the recording was made.

    • @TheConcertCruizer
      @TheConcertCruizer Před rokem

      It makes sense to me. If you live in a single party consensus state then recording phone calls should be legal within states who have that law. Otherwise you can do that anywhere and face no legal repercussions. Giving you an unfair advantage in a court of law.

    • @William-Morey-Baker
      @William-Morey-Baker Před rokem +5

      its not just unfair, its not how law works... this has been settled for a long time now.
      idk what kind of "research" this CZcamsr did, but it's the basis for our entire legal system. the Federal law is one party consent, and if you live in a state with one party consent laws, that's the law you follow. Florida's laws don't govern the entirety of the US. idk how this even needs to be said.

    • @TheConcertCruizer
      @TheConcertCruizer Před rokem

      @@William-Morey-Baker she’s friends with Karl. That tells you everything you need to know.

    • @lasskinn474
      @lasskinn474 Před rokem +11

      @@TheConcertCruizer that would make whole world two party consent. florida likewise can't make laws to tax phone calls in nevada or whatever.
      from a more practical perspective don't discuss your crimes on telephone regardless of if you think the other party can legally record or not. you're already asking the other party to take part in some sort of fraud, so thinking they wouldn't record it because it's illegal without telling you is pretty flawed thinking in the first place.

    • @TheConcertCruizer
      @TheConcertCruizer Před rokem +1

      @@lasskinn474 Umm nobody said the world. We’re talking state to state, and it sounds like you DO want unfair advantages in a court of law.

  • @modernhaze3
    @modernhaze3 Před 4 měsíci

    This keeps getting sadder and sadder. Can't let it go.

  • @chrisinsocalif
    @chrisinsocalif Před rokem +4

    Where does Mitchell get all this money to pay his lawyers?

    • @tigermunky
      @tigermunky Před 9 měsíci

      Also, if he loses, doesn't he need to pay costs for those he sues?

    • @MmmVomit
      @MmmVomit Před 4 měsíci

      @@tigermunky In the US, in most cases, no.

  • @kevinkaczmarek2810
    @kevinkaczmarek2810 Před 8 měsíci +1

    Question becomes couldn’t Billy Mitchell cite damages due to fact that the calls were released to the public?

  • @shawnd567
    @shawnd567 Před rokem +13

    Doubtful they could enforce this against someone recording a call in Ohio. Doesn't make sense. Billy is trying very hard for this call not to be heard in another trial because it would likely ruin him.

    • @rexapis1737
      @rexapis1737 Před 10 měsíci +4

      Obviously the objective with the appeal is to tie up the audio recordings of Billy explaining his cartoonish super-villain like scheme and intent to further defraud New Twin Galaxies long enough so said evidence will not be admissible in court.
      As long as the the issue and corresponding evidence are tied up with red tape in the appellee court, any evidence that favors Twin Galaxies in their own suit will be useless.
      Can anyone confirm and/or elaborate?

    • @tubeincompetence
      @tubeincompetence Před 8 měsíci

      Where I live this wouldn't even matter. Even an illegal recording could be used as evidence

    • @lifehurts1183
      @lifehurts1183 Před 8 měsíci

      The Supreme Court better reject Billy’s appeal. I want his phone call to be used as evidence against him so he can’t get destroyed by the jury.

  • @burke615
    @burke615 Před rokem +17

    I'd like to hear the Florida court's opinion as to why their definition of "interception" makes sense, because at first blush it seems ridiculous. It seems to me that the interception occurs at the point where the person's voice is placed somewhere they did not intend it to be. By talking into a telephone, Billy Mitchell was intending to send his voice to Race's phone in Ohio. He was not intending it to go onto the recording device, so the wire to the recording device is where it was "intercepted."
    What action did Race undertake in Florida to record Mitchell's voice?

  • @arentibbs799
    @arentibbs799 Před rokem +11

    This is a clear violation if interstate authority. Ohio citizens can't be responsible for committing alleged crimes in another state where they have no involvement. Florida courts have no personal jurisdiction over an Ohio resident to did not commit a crime in Ohio, but is allegedly a crime in Florida. How is the "interception" in Florida? Because the electrons of the phone call touched a Florida phone line? That's ridiculous.

  • @lexybaginsky
    @lexybaginsky Před rokem +8

    Thank you for keeping us updated, this case is fascinating to me and I like getting more information. Love from Germany

  • @frankbauerful
    @frankbauerful Před rokem +12

    It's kind of unfair if a person has to bear significant legal costs and be hauled into another state just because an appeals court may view his case as a proper vehicle to clear up some issue of the law.

  • @doom4067
    @doom4067 Před 5 měsíci

    Let's assume that the Florida courts rule against the defendant in Ohio. What enforcement mechanism do they have if he never goes to Florida?

  • @maxcool123456789
    @maxcool123456789 Před rokem +3

    Wow.....now I need to be careful when calling 1 party states for anything. Plus Billy Mitchell doesn't seem to be getting punished for his bs actions so far.

  • @nikopursiainen9097
    @nikopursiainen9097 Před rokem +24

    If Mitchell does win with his appeal, I hope it will be reported with headline "Floridamen find in favour of the Floridaman."

    • @PainfullyCasual
      @PainfullyCasual Před rokem +4

      Then another Floridaman named Moist Critikal will react to it.

  • @netherportals
    @netherportals Před 9 měsíci

    "Why do you want this removed?" "It's terrible for my other fraud case your honour" "Request denied"

  • @cpmf2112
    @cpmf2112 Před 9 měsíci

    It seems like David Race could file a motion to move his case to federal court and then file a motion there to have it dismissed.

  • @RMDragon3
    @RMDragon3 Před rokem +8

    To me, it doesn't make sense that the interception allows Florida to apply it's laws to people in other states like that.
    Assume I am on a one party state, and talking with someone who regularly travels between Florida and a one party state. In order to be able to record, I would need to ask the person where they are, which may not be an easy and natural thing to do in situations where I might want to record the conversation without telling them. Even in that case, they may lie saying they are in a one party state and then in court claim you never asked, making your recording ilegal. If I understand correctly, it would be ilegal to record the part where they answer, since you don't know whether they are in Florida yet. Even if you are allowed to record that part, if they are in Florida but lied saying they are in a one party state, you are still doing something ilegal (even if it is without knowing).
    It would also mean any time you record a phone conversation using one party consent you are potentially doing something ilegal, as there is a non-zero chance the other party is in Florida, with no easy way for you to know for sure.

    • @RMDragon3
      @RMDragon3 Před rokem +8

      Also, I'm not sure if it works like that, but would these interception rules also mean that someone in Florida could legally record someone else calling from a one party consent state without asking? Because, if the recording is considered to be where the communication originates, that would be a one party state. That would mean that a person calling from a one party state could not record the conversation without consent, but the person in Florida (an all party state) would be allowed to, which makes no sense at all!

    • @philcastora6564
      @philcastora6564 Před rokem +1

      I totally agree. If one of the 2 States doesn't allow recording it should take priority. The fact that one party decide to post dirty laundry on social media for their own gain should rule in billy favor

    • @littlekingofthebirds
      @littlekingofthebirds Před rokem +5

      @@philcastora6564 What they did with the conversation is irrelevant to the issue at hand. The fact that the party who recorded the conversation was in a state where it was legal to record but the party being recorded was in a state where it wasn't legal to record and can the law of the latter apply to the former is the issue.

    • @CainXVII
      @CainXVII Před rokem +1

      What if they were driving and you didn't know they crossed state lines?

  • @geraldgrenier8132
    @geraldgrenier8132 Před rokem +3

    What is the chance that jurisdiction will hinge on who initiated the call. Such as the 1-party dialed the 2-party hence implicitly submitted themselves to a 2-party jurisdiction?

  • @stopmikeandjim3196
    @stopmikeandjim3196 Před 9 měsíci +1

    Have you seen Billy's deposition where he was confronted with the modified hardware pictures?

  • @JohnAnderson42
    @JohnAnderson42 Před rokem +1

    I have wondered about this very question! And it could get even weirder with cell phones and how some people have a phone that with an out of state area code.

  • @linneak541
    @linneak541 Před rokem +5

    This is a very interesting case, thank you for explaining it so well.

  • @hannahvickery4683
    @hannahvickery4683 Před 9 měsíci

    what an absolute nightmare just because some guy is upset over being called out for cheating

  • @CBruceNL
    @CBruceNL Před rokem +1

    Great great saga thanks for keeping up on it

  • @MatthewHarrisLawPLLC
    @MatthewHarrisLawPLLC Před rokem +3

    It isn't often that famous jurisdictional cases like International Shoe v. Washington (or Pennoyer v. Neff) and Donkey Kong come up in the same conversation. LOL

    • @CainXVII
      @CainXVII Před rokem +1

      I was thinking the same thing. Florida lawyers might be citing Mitchell v. Race soon...

    • @MatthewHarrisLawPLLC
      @MatthewHarrisLawPLLC Před rokem

      @@CainXVII Sounds wild, but it isn't outside the realm of possibility. 😁

  • @martinriggs423
    @martinriggs423 Před rokem +1

    Thanks for the Silly Mitchell content. Please keep us updated!

  • @tethryss5001
    @tethryss5001 Před 11 měsíci +1

    Why is this legally permissible to force the defendant to pay money before the case is resolved and if the lawsuit is deemed frivolous it not be 100% on the plaintiff to pay all legal fees?

    • @tethryss5001
      @tethryss5001 Před 10 měsíci

      @@birds5412 I am of the belief it should be more punishing to the frivolous than it is accessible but am willing to change my mind on that.

  • @Gingerbread_Gorl
    @Gingerbread_Gorl Před rokem +1

    Awesome research! Thank you!

  • @pmzmdf
    @pmzmdf Před 4 měsíci

    Thank you for these videos. Carefully presents the legal stuff in a way non-experts can understand. Subscribed to see your other videos, but would love any more updates on Mitchell-related stuff.

  • @fernandozavaletabustos205
    @fernandozavaletabustos205 Před 10 měsíci

    Great video as always!!

  • @dandiaz19934
    @dandiaz19934 Před rokem +1

    Woohooo I love your videos, thank you for covering this Alyte!

  • @gilrose12345
    @gilrose12345 Před rokem +1

    AMAZING ANALYSIS!!! This is what a great lawyer is all about! Smart, Strategizing from different angles, targeted and highly effective.

  • @ceefusjenkins2281
    @ceefusjenkins2281 Před 8 měsíci

    Billy's custom mullet is amazing.

  • @Sgtnolisten
    @Sgtnolisten Před rokem

    South Carolina mentioned, WOOT!

  • @PainfullyCasual
    @PainfullyCasual Před rokem +2

    I am at the opinion that no one ever, bar family members and friends, will side with Bitchell.

  • @jarellano1014
    @jarellano1014 Před rokem +1

    Really well done video, I enjoyed it, might have to follow this channel!😁

  • @GenerallyTyler
    @GenerallyTyler Před rokem +2

    I don't know if the man cheated or not, but it wouldn't hurt for him to not glare menacingly in every single photo that's taken of him.

  • @bryanb3352
    @bryanb3352 Před 9 měsíci

    What damages is Billy alleging as a result of his coversations being recorded? What is he asking for?

    • @doom4067
      @doom4067 Před 5 měsíci

      He's trying to prevent the recordings from being used in other cases that's he's filed.

  • @DevilboyScooby
    @DevilboyScooby Před rokem +5

    I struggle to understand how, even if said evidence is dismissed from court, the jury will be able to forget the content of the phone calls and thus the plans Silly Bitchell had; if i was told the video of someone killing a puppy was not permissible in court, I'd find it difficult to ignore the fact they're definitely a puppy killer.

    • @lasskinn474
      @lasskinn474 Před rokem

      yeah it's not like it makes those things not exist.
      of course billys target market in his mind is not gamers at all. that's also why tg didn't grow hugely during the esports boom, because they were really stupid.

    • @Chairman_Wang
      @Chairman_Wang Před 6 měsíci

      I think there can be grounds for a mistrial though I’ve only seen it for criminal cases.
      I think evidence has to be legally obtained though with clear custody. Otherwise someone could fabricate a video and taint a jury’s opinion so the concept is valid.

  • @divineinhalewithdonnacliff8112

    Yay. Nice to see a video

  • @Randerson2409
    @Randerson2409 Před 8 měsíci +1

    I don't know why, but I find it very amusing that Billy is not longer an alleged cheater, he's an alleged World Record Holder. That's very satisfying. not gonna lie

  • @AgueroNain
    @AgueroNain Před rokem +1

    Super informative and interesting topic specially the case law you cited and how different States differ when it comes to recording consent. I watched in 0.05 speed 😂 and then at 1.5 speed it was greeeat 😊

  • @MuchWhittering
    @MuchWhittering Před 4 měsíci

    If the supposedly-illegal action is the recording, and the recording was done in Ohio, surely Ohio is the only law that should be relevant? It seems insane to me that Florida law would ever be considered. No recording took place in Florida. The act in question 100% took place in Ohio.

  • @dary0097
    @dary0097 Před 8 měsíci

    Hahaha I Just Realized That The Lil Dude in the movie "Pixels" by Adam Sandler Is Portraying Billy Mitchell even having the mullet and having cheated on his scores to win again Adam Sandler 😆

  • @CainXVII
    @CainXVII Před rokem

    "an alleged world-record holder"...

  • @rickgrimes3479
    @rickgrimes3479 Před rokem +2

    Let's get something straight the only reason Billy Mitchell is doing this because he knows his ass is guilty, otherwise he would not be going through the trouble to get rid of this evidence period.

  • @babycake2941
    @babycake2941 Před rokem +2

    All of this issue just for a donkey Kong game 😂😂😂

  • @Oblithian
    @Oblithian Před rokem

    You mean to say: _"It's on. Like Donkey Kong - The Florida Supreme Court (probably)"?_

  • @hedgehogstatus69
    @hedgehogstatus69 Před rokem +1

    Even if Mitchell wins in the court of law, he will lose in the court of the opinions of sane people.

  • @Booger414
    @Booger414 Před 11 měsíci

    This is interesting because of the idea of where a phone call takes place. I have to deal with this periodically at work. It is also likely going to extend to various internet cases.

  • @LandOfForeverSummer
    @LandOfForeverSummer Před rokem

    Thanks

  • @lsmith117
    @lsmith117 Před rokem +1

    Donkey Kong!

  • @shadeitplease7383
    @shadeitplease7383 Před rokem +6

    Lol Billy Mitchell is the worst.

  • @LeCharles07
    @LeCharles07 Před 9 měsíci

    Of course! He's Floridaman! Now it all makes sense!

    • @LilacMonarch
      @LilacMonarch Před 7 měsíci

      Florida Man Sues Over Alleged Video Game Scores

  • @motorcycle-man
    @motorcycle-man Před rokem +3

    Billy Mitchell involved in BS? No way.

  • @grayaj23
    @grayaj23 Před rokem +4

    Alyte, this is an absolutely brilliant explanation of personal jurisdiction, and particularly how it applies to this case. I'm going to flag it and send it to people when they ask about long-arm related concepts. Kudos to you.
    There's an angle that often gets overlooked in these cases. Because the constitutional default is single-party consent, states whose legislatures have gone along with the default may not have put a lot of energy or work into the issue. This is not true for all-party consent states. It takes a fair amount of political capital to get an all-parry statute passed. As such, all-party states tend to be more passionate about it.
    Though this isn't a criminal case, it's worth pointing out that violating this law is a crime in Florida that can be charged as a felony. It's safe to say that Florida is very serious about the all-party consent rule.
    It will be interesting to see what the FL sup ct says. This issue hasn't had a lot of supreme court treatment in the various all-party states, so there's not a solid consensus. I think intuitively, most people agree with Race on the "It was legal where I did it" argument for not having personal jurisdiction.
    If Race loses the PJ argument, there's very little doubt that he'll be liable for damages under FL state law.

  • @BubbyBoy
    @BubbyBoy Před rokem +1

    I can't even remember the exact number of times Billy Mitchell went to court. You'd think after losing so many of them, courts would just politely stop Billy from filing anything tangently related to video games.

    • @BubbyBoy
      @BubbyBoy Před rokem +1

      @Dean Just Dean doing some digging, I realized, technically speaking, he only had two cases truly thrown. It's just that the blunders he kept making, the cases he drops early, and the way he sues that make it seem like he failed a lot more.

    • @LilacMonarch
      @LilacMonarch Před 7 měsíci

      What you are describing is known as a "vexatious litigant" and yes the fact that he has not been dunked on for this yet is baffling.

    • @BubbyBoy
      @BubbyBoy Před 7 měsíci

      @@LilacMonarch afaik, a vextigious litigant label means you cant file *any* lawsuit without direct approval of a judge. I just wonder if there's some gag order on just filing a specific kind of lawsuit.

  • @penguin3225
    @penguin3225 Před rokem +5

    Through the technology of the telephon; Billy Mitchell's voice couldn't be recorded until it reached David Race in his State or he never would have been able to record Billy.
    It seems Billy's voice crossed State lines & was able to be recorded because of it. 😁
    The spoiled brat needs to stop having tantrums & grow up. Billy needs to move on with his life and stop living in the past wether he won fairly or not but I do think he duth protests too much!

  • @bru2al1tyusa82
    @bru2al1tyusa82 Před rokem

    Thank you for a researched video on the merits of a lawsuit by a lunatic. I enjoyed it very much. David Race keep up the good fight, try to remember "The only thing necessary for the triumph of evil is that good men should do nothing".

  • @christopherleveck6835
    @christopherleveck6835 Před 8 měsíci +1

    I think the person who initiated the call matters.
    I think if the law is going to favor one person over the other, the law should be on the side of the person receiving the call.
    That way someone up to no good who is calling with possible ill intent can't unknowingly record the conversation with someone who may not even know why they are receiving the phone call.
    It might also allow someone who questions the reason for the call to record the conversation to protect themselves.

  • @FizzleFX
    @FizzleFX Před 10 měsíci

    lmao "alledged world record holder"
    not "alledged fraud..."
    XD

  • @jrobbw
    @jrobbw Před rokem

    The King of Kong is one of my all time favorite documentaries. It’s like watching a real life Napoleon Dynamite.

    • @rexapis1737
      @rexapis1737 Před rokem +1

      The documentary was a scripted fraud.

  • @CainXVII
    @CainXVII Před rokem

    I commented on the last video that Florida was the wrong state to file in. But it's probably the state where Mitchell has the absolute best chance of winning if he gets through, so I guess I understand his reasoning

  • @pants29
    @pants29 Před rokem

    What a mess! What if I'm on a border and the cell tower is in a 2 party state? Or if my number originates in a 2P but I'm vacationing in a 1P, giving the other party the idea that it' can't be recorded?

  • @scottjackwitz5464
    @scottjackwitz5464 Před 8 měsíci

    if the call/s were on speaker and the defendant was recording the room not the call specifically and the call/s were captured he should be able to argue that fact.

  • @ianbelletti6241
    @ianbelletti6241 Před rokem +1

    This may be a case where the supreme court may rule that this is a diversity jurisdiction issue and needs to be filed in federal court.

    • @CainXVII
      @CainXVII Před rokem

      Yep. But Mitchell doesn't want that because it probably lowers his odds of winning

    • @TheSSUltimateGoku
      @TheSSUltimateGoku Před rokem

      @@CainXVII Not really if it goes to the US Supreme Court most of the people on the court are conservatives. And are more for states rights so I could see the ruling Billy Mitchell’s favor for this one. David Race knew that Billy lived in Florida. Even though he lived in a different state where it didn’t apply for him he knew it applied for Billy. Therefore I think Billy would win THIS case in the US Supreme Court if it when there.

    • @FiredQuill
      @FiredQuill Před 8 měsíci

      @@TheSSUltimateGokuabsolutely not. That’s a direct violation of Ohio’s state rights.
      There is no universe in which Florida can enforce its laws in another state.

  • @banana9494
    @banana9494 Před 8 měsíci

    This is really interesting but it also really shows how dumb the legal system can be. It seems like nothing in this case has anything to do with whether someone caused harm or not. But instead it is almost entirely decided on technicalities and loopholes....

  • @greenprobe
    @greenprobe Před 9 měsíci

    The origin of interception being defined as in Florida feels like a gambit to expand jurisdiction because it seems ridiculous on a technical level. The only thing that allegedly happened in Florida was BM making the utterance and the sound being converted to a digital signal, then the signal was intentionally sent out of state while the intercepting person and capturing device were also out of state at the time of capture.

  • @rationalbushcraft
    @rationalbushcraft Před rokem +4

    Great explanation. I hope Billy loses as in my opinion he is a lying liar who lies. But I also hope he loses and I actually wonder if it would be best if it goes to the SCOTUS. I know my state is a one party state. But how am I supposed to know the status of 50 other states? I'm following my state laws where I make the call and where the recording device is located that should be the end of it.

    • @LilacMonarch
      @LilacMonarch Před 7 měsíci

      I would really appreciate it if federal court could just abolish all-party law already

  • @Jdeadevil
    @Jdeadevil Před rokem

    Sponsorblock failed me :( Appreciate you making it clear which parts were the sponsor though, with the logo at the top right.

  • @user-yj8gp7og5p
    @user-yj8gp7og5p Před 9 měsíci

    State's rights are there for a reason. If race wasn't actually in Florida, as with the car accident example, there is no way the laws of another state should apply. If there is nothing to charge Race under in his home state, that should be the end of it.

  • @davidarcherd9868
    @davidarcherd9868 Před 8 měsíci

    I want him to be nick named little red stick.
    After the photo evidence of the little red joystick.

  • @kchuynh100
    @kchuynh100 Před rokem

    umm.... legal team!... research here!

  • @chrisstott3508
    @chrisstott3508 Před rokem

    Seems to hinge on whether the 'definition of interception' you describe as existing is a Florida Definition, or Federal?

  • @FakeAdminZ
    @FakeAdminZ Před 8 měsíci

    I find it sad that Billy can't seem to move on from 1981 and start to falsify scores from something more up to date - say, DOOM. That's only 30 years old.

  • @christophercripps7639
    @christophercripps7639 Před 10 měsíci

    How much is Mitchell asking for in damages? If there are perhaps “minimum contacts” but complete diversity, OH resident v FL resident, why hasn’t Race moved for removal to Federal Court? Guess the strategy is if no FL court has personal jurisdiction then no Federal court would under the diversity clause and act.

  • @vawlkus
    @vawlkus Před rokem +1

    Mootchell can go pound sand IMHO.
    Where I worry, is with Insantis screwing around in Florida, the courts may decide to SET a precedent of long-arming someone in to help lay the groundwork for enforcement of other of Insantis's policies, like the "don't speak ill of the Insantis government"

    • @LilacMonarch
      @LilacMonarch Před 7 měsíci

      if they try that, is when it's time to appeal to federal court

  • @darinlunderman8063
    @darinlunderman8063 Před rokem +11

    It's insane to me that this legal ruckus from Billy's camp is all over f*cking video game scores. There are a lot of injustices in this world that deserve to be arbitrated by a court of law and have whatever relief, compensation, and retribution be granted. Being unable to cheat your way to a world record in a video game and get away with it is certainly not one of them. I really hope these silly lawsuits leads to Billy being labeled as a vexatious litigant in the near future, that would just be poetic justice.

    • @captLizzie
      @captLizzie Před rokem +2

      While it can definitely be classified as “silly”, I think it’s important to remember that it can give legal precedent. I’d personally prefer interpretations get figured out with low stakes stuff like high scores so that when high stakes issues come up, precedent is already set

    • @joshua.snyder
      @joshua.snyder Před rokem +7

      The man's self worth hangs on decades old video game accomplishments.

    • @lasskinn474
      @lasskinn474 Před rokem

      @@captLizzie it would be precedent for sports organizations that make up records and get them removed.
      not that big of a deal. actually there's already precedent that cheated scores can be removed afterwards from record tables.

    • @joshua.snyder
      @joshua.snyder Před 11 měsíci

      @@jstephenj Don't give his ego any more ideas! 😅

    • @lasskinn474
      @lasskinn474 Před 11 měsíci +1

      @@jstephenj there should be a buddy teamup movie with ferrell playing tommy tallarico and john reilly could play billy. the plot would be them trying to repair their broken reputations by releasing a new console that billy would have a (cheated) high score on

  • @Esperologist
    @Esperologist Před rokem +5

    I hope they take it and side with David.
    And I feel like that definition of 'interception' is wrong... but maybe that's because I mostly hear it in relation to sports or military strategy. In sports, someone kicks/throws a ball... the interception occurs where the player intercepting is... be it beside the thrower/kicker, or half way to the intended receiver, or beside the intended receiver. Same applies to military... interception missiles aren't likely to intercept at the launch site... and a squad of pikemen aren't likely in position to intercept a charging cavalry the moment they start their charge.
    But apparently, with a phone it doesn't matter where the actual interception occurs. I could phone Florida from Western Canada, with 5 people along the way intercepting the call to record it, and recording it myself... and all 6 of us would be treated like we were in Florida to record the call? Naw... I think I'd rather just refuse calls from Florida, than deal with that.

    • @jordanmorris5194
      @jordanmorris5194 Před rokem

      Have you never seen a defensive lineman intercept a pass at the line of scrimmage?

    • @scottkirby5016
      @scottkirby5016 Před rokem

      Firstly a communication like a phone call is a continuations effect not a momentary event like a pikeman/cavalry or sport interception. Also it is a question of impingement of the rights of the participants (and thus their location) more than the direct action. If the florida caller is speaking to an Ohio caller and it is intercepted in Georgia with the Ohio callers consent (because that is how he set up the VOIP for example) why would Georgia law apply (as it would under your argument). Or Someone from a two party consent state could call someone within their state on their cell phone normally. But the recipient could then hop the border to a one party consent state and start recording...

  • @joshua.snyder
    @joshua.snyder Před rokem

    As ridiculous as Billy Mitchell is, he is no Tommy Tallarico in the realm of scams, and lies. Would love to see your analysis of him and the Intellivision Amico debacle.

    • @Silburific
      @Silburific Před rokem +1

      You mean Guiness world record holder Tommy Tallarico? I hear his mother is very proud of him.

    • @joshua.snyder
      @joshua.snyder Před rokem

      @@Silburific 😂

  • @TheSSUltimateGoku
    @TheSSUltimateGoku Před rokem +1

    This Case I believe will be heard by the Florida Supreme Court and no matter who wins I think this case will go to the US Supreme Court forget about the gaming cheating allegations scandals right now this case actually is something that the US Supreme Court is something that they would actually want to hear. This case will determine whether states rights protect somebody during a phone call or it doesn’t. Ohio has one party consent but Florida has two party consent. This is something that the Supreme Court is a case that something that they would actually want to hear to clear up whether or not it’s OK to record someone even though the person you’re talking to state doesn’t allow it even though yours does.

  • @davedixon2167
    @davedixon2167 Před rokem +1

    I think Bitchell needs to be enjoined from filing any more suits. He has been caught out multiple times with damning evidence. Everybody knows exactly what he is, and his fantasies can't erase that. To think, if he wasn't a narcissist asshole, he might have been able to skate on unnoticed forever and kept his records intact until someone publicly beat him for the "first" time.

  • @beawitched5252
    @beawitched5252 Před rokem

    👍🏻👍🏻

  • @tigermunky
    @tigermunky Před 9 měsíci

    Guys, guys, guys...just sort out your laws and make them the same throughout your whole country. You're all just making things far more complicated than it needs to be.

  • @dimplesd8931
    @dimplesd8931 Před rokem

    Race

  • @the_fat_ghost
    @the_fat_ghost Před rokem +4

    This is really interesting. I always try to swap the personalities or power dynamics of the parties involved in a lawsuit to ensure it is truly a good decision- and having done that I am not sure how to feel about this either way. I’ve seen it asked in another comment but I’ll ask myself, does it matter who initiated the call?

    • @MusicalInquisit
      @MusicalInquisit Před 9 měsíci

      Not a lawyer, but here is what I think with what I know. I don’t think it matters whether the call was initiated by a Floridian or Ohioan. The courts simply ask whether the courts have jurisdiction over this case. Under minimum contact standard, the man still wouldn’t have minimum contact in Florida; under the other standard applied here, the Ohioan simply made the call, assuming to be the case, but it doesn’t help establish whether jurisdiction applies. It may help somewhat under the other standard, but it doesn’t change much.

  • @leodouskyron5671
    @leodouskyron5671 Před rokem

    The problem is that that could (guessing in costs) wipeout one side (Billy don’t pay) and all to fix Florida courts and make sure that a recording showing a conspiracy being set up is available. Seems that this is a bad case to accept.

  • @RevYars
    @RevYars Před 10 měsíci +1

    I just watched a video where it appears that Trump is talking about Florida being a 2 party state, and thus his 'famous' election-result call to Georgia was illegally recorded. My jaw dropped as, thanks to previously watching this excellent video by LegalBytes, I have some understanding of the issues at hand and even some knowledge of the case law! Georgia, where the call was recorded, is a 1 party consent state. (This is the other video: czcams.com/video/afuF1YLOHUs/video.html ) Am I right in thinking that similar issues are at play here? As an aside, Mitchell reminds me of Trump - a narcissistic flag-bearing Floridian loose with the truth happy to use the law as a weapon.

  • @biercenator
    @biercenator Před rokem

    International Shoe is unavoidable, but here it turns on whether the point of contact is limited to the point of interception, right? If not, then the contact (in layman's terms) with Florida has a close connection with the tort complained of, and the one contact *may* be enough (just as with an auto accident). A federal court rule would be useful, but I guess for me it would turn on whether defendant in some sense availed himself of the protection of FL laws in making and recording the call. And for me, the answer there would be "no." But to backtrack ... has defendant not moved to remove this to federal court as a diversity case? If not, why not?

  • @Denny-Thray
    @Denny-Thray Před rokem +1

    Based on what I've seen, Billy Mitchell is a snake. I've seen interviews from him where he absolutely lies on the skill needed to do Pac-Man. He said in an interview that taking a corner perfectly requires a frame-perfect controller input, 1/60th of a second, and you have to do that 29,000 times in order to get a perfect score.
    Don't get me wrong, it's rather common for a world record to have a few instances where frame-perfect inputs are required. The world record for beating Mike Tyson requires several frame-perfect punches. But 29,000? If that were what were required for a Pac-Man world record, literally no one would have it.
    In Pac-Man, if you hold the direction you want to go when hitting a corner, the game will 'buffer' the movement and do a frame perfect turn for you. That's how Pac-Man works. If it didn't work that way, the game would be unplayable. Billy Mitchell is a liar.
    That said.
    Recording and publicizing a private conversation someone is having with you without their consent is also a very snake-like, dishonest thing to do. Even if it is legal in most states, that doesn't make it an honest action.
    Two wrongs don't make a right. If Billy Mitchell wins, then he deserves to win. That doesn't mean he wins it all, it means that David Race engaged in some dishonest behavior in order to defeat Billy Mitchell, and should be held accountable for that.

    • @s31ACE1252
      @s31ACE1252 Před 9 měsíci

      When it comes to dealing with folks who are constantly dishonest, a recording is just about the only way to reveal truth. I view the one party right to record as a shield against those who use dishonesty as a weapon. Otherwise, it ends up as a your word against mine kind of deal and the truth is never revealed.

  • @datagod
    @datagod Před rokem +1

    Hi there LegalBytes, I enjoy your content. One thing I ask though is that you credit me with the photo you are using in your video. The Billy Michthell with Pacman photo is mine, I put it in the creative commons, but the legal use requires credit. You could even give credit in a reply to this comment. No need to modify the video. Thanks.

  • @brutalhonesty07
    @brutalhonesty07 Před rokem

    Seems simple to me. The actual encoding of a recording is happening in the physical jurisdictional boundary of Ohio’s 1-party consent state.
    Seems to me the proper argument should be that people should crop their social networks and who they associate with based on where they live per state. Digital communications should work around that.
    For the same reasoning I think criminalizing things, like “traveling for the purpose of X act” where X act is illegal in state A, where it is legal in state B. When in Rome, do as the Romans do principle.

    • @CainXVII
      @CainXVII Před rokem

      We should all develop different languages so New York can't talk with New Jersey anymore. Problem solved.

  • @annacostello5181
    @annacostello5181 Před rokem

    LOVE the “I. Drink. Your. Milkshake. “ reference

  • @DruidsCalling
    @DruidsCalling Před rokem

    Giant bearded face 😮

  • @smetskevin1301
    @smetskevin1301 Před 5 měsíci

    Hate
    Lawyers always using words that makes no snece to be right it's just bad for society

  • @karlvincent5291
    @karlvincent5291 Před rokem

    2 party state

    • @LegalBytesMedia
      @LegalBytesMedia  Před rokem +3

      They're often referred to as "two-party" consent states but functionally, they're all-party consent states.

  • @hyfy-tr2jy
    @hyfy-tr2jy Před 9 měsíci

    This gal has a strong skillset in mispronouncing last names

  • @dc100dc100
    @dc100dc100 Před rokem +1

    The law was passed to protect the rights of Fl citizens. It’s going to be hard to argue that those protections can be circumvented by putting a call center or law firm or collections agency in a one party state.

    • @zuglymonster
      @zuglymonster Před 8 měsíci

      All of those places have a recording play usually at the beginning of the call that says "this call may be recorded"

    • @FiredQuill
      @FiredQuill Před 8 měsíci +1

      Florida has no right or authority to apply its laws beyond its borders.
      Otherwise literally every single state can enforce their own individual laws in every other state.

    • @zuglymonster
      @zuglymonster Před 8 měsíci

      @@FiredQuill exactly. There'd be no way two states could have different laws in that case. Like in this case the Ohio resident would be getting screwed because he followed HIS state laws in his state. How tf can FL punish me in Michigan for following the law in my state?

  • @KratonWolf
    @KratonWolf Před rokem +1

    Don't think I've seen you wear that necklace before. Being a triangle, my brain says "ooh, triforce-related" but then it's not just a full triangle (for one piece of the triforce) or 3 triangles combined together. So I'm curious, what does that shape/symbol mean, if anything? Is it maybe LegalBytes merch (but then I'd think it would be an "LB")? Or am I thinking too much into it and it's just jewelry? XD