[ 3 / biz / cgl / ck / diy / fa / ic / jp / lit / sci / vr / vt ] [ index / top / reports ] [ become a patron ] [ status ]
2023-11: Warosu is now out of extended maintenance.

/vt/ - Virtual Youtubers


View post   

File: 1.17 MB, 1000x1288, Elira_Pendora_Portrait.png [View same] [iqdb] [saucenao] [google]
24858290 No.24858290 [Reply] [Original]

Is it possible to sue a vtuber for having a misleading personality in their debut?

>> No.24858861

my oshi changed personalities twice (or once, i dunno). definitely possible. vtuber is a persona anyways

>> No.24859007

I wish at night. Then again, we saw someone under their chuuba persona sue another chuuba for defamation, so it's not out of the realm of possibility.

>> No.24859458

>>24858290
Elira hate!

>> No.24859671

>>24858290
Are you talking about Elira? What were you expecting and how is she different now?

>> No.24859751

>>24858290
In amerifatland you can sue anyone for anything, so long as you pay to file. As to winning anything, no, probably not.

>> No.24859763

>>24858290
It's pretty common for their real personalities to get more prominent when they get more comfortable with streaming. Not changing at all after debut would be strange.
You'd have more of a case if they changed their personality after years of activity, but even then I doubt anyone would take you seriously.

>> No.24859790

>>24858290
Pomu went from being a sweet angel to a malding screaming bitch. How could this happen!?

>> No.24860016
File: 2.97 MB, 2062x1539, 1434042674303152128.jfif.jpg [View same] [iqdb] [saucenao] [google]
24860016

>>24859790
Because she is American Haachama (eat your heart out, rosekeks). All the seiso in the beginning isn't a lie, but it isn't the real dominant force behind the person either.

>> No.24862862

>>24859751
you dumbass!
litigation in america is a pay to win game
as long as you have money for it you'll win eventually

>> No.24862966
File: 315 KB, 1170x2067, 1621157525899.jpg [View same] [iqdb] [saucenao] [google]
24862966

>>24859671
https://www.youtube.com/watch?v=iFz_JK_zajA

>> No.24863758

>>24860016
I want Pomu to rape me. But she has to go back to being an office lady. After a long day of work and malding, she takes out her pent up wagie ragie on little ol me.
oh boy...

>> No.24863861

>>24859790
She faced death on the surgery bed and came back with a new resolve

>> No.24863968

>>24858290
you will have to sue almost every vtuber then

>> No.24863985
File: 267 KB, 689x502, FBb5IBiXMAEaTV3.png [View same] [iqdb] [saucenao] [google]
24863985

Don't care Didn't ask plus I want Elira to be my big sister and molest me

>> No.24864264

>>24862966
Obligatory "It's okay to ask a lady her age anyways" thanks to otherwise damning laws. Elira can seriously get raped, die, get raped again and FAR worse for spreading that brain poison.

>> No.24864457
File: 513 KB, 1280x720, 1630530179907.png [View same] [iqdb] [saucenao] [google]
24864457

>>24858290
Honestly I think there actually might be a legitimate case for this, but it'd have to be a civil case and everyone would have to be in the same country.
Realistically, it would be too hard to sue nijisanji for an experimental case like this that would set precedents.

Lets say it was an american corporation with an american talent, and the plaintiffs are all american.
In the civil suit, the case would be that
>the defendant(the company owning the vtuber) advertised a misleading service through a company mascot to scam their customer base and the plaintiff are seeking damages both financially and psychologically

Now, the defense will make the argument that any donations to the vtuber were charitable donations, and that any funds received by the company was at no time a guarantee of any service provided for payment.

The plaintiff's lawyers would have to argue that the company had complete control over the content that the vtuber mascot produced, and would compare it to tv/advertisment/movie producers coordinating an actor, with legal precedent that plaintiffs in the past have been able to sue production companies for false advertisement/damaging content
They would need to show that the vtuber in question was asking for money while acting as the mascot for the company, while specifically targeting weak, psychologically exploitable "marks"

The defense would have to prove that they did not specifically target vulnerable individuals, which would include discovery of all private messages and emails within the company that talk about ways to game top donators and to make content specifically to retain high membership

It's an interesting case, but I doubt any anons would ever band together for this

>> No.24864559
File: 55 KB, 665x120, 1651683637707.png [View same] [iqdb] [saucenao] [google]
24864559

>>24864457

>> No.24864750
File: 348 KB, 678x621, 1648087120657.png [View same] [iqdb] [saucenao] [google]
24864750

>>24864559
>The defense would have to prove that they did not specifically target vulnerable individuals, which would include discovery of all private messages and emails within the company that talk about ways to game top donators and to make content specifically to retain high membership
This is the most important part of it
We saw with rushia she was directly messaging her top donators
If the company at all has records, either between talent or management where they recommend to do this, you can pretty easily destroy the defenses case that they weren't targeting exploitable people for more money

>> No.24864797

>>24864559
seanig

>> No.24864851

>>24859790
>malding screaming bitch
God I love her.

>> No.24864884

>>24864457
>pikashitter is the one off his meds
of course

>> No.24865063

>>24864884
I'm a paralegal that works for a PI firm, the case is interesting
Seeing an anime girl being successfully sued for damages would be hilarious

>> No.24865088

>>24864457
>>24864750
>>24865063
Based?

>> No.24865138

>>24865088
Kind of retarded I think to anyone with half a brain? What are you going to do sue someone for pretending to be a cat girl when it turns out they aren't actually.

>> No.24865160
File: 774 KB, 1918x1078, laugh_at_you.jpg [View same] [iqdb] [saucenao] [google]
24865160

>>24858290
>he wasn't aware of her personality prior the debut
Sucks to be you.

>> No.24865229
File: 25 KB, 300x300, DMioR2FbM8w4u7Csz3znD2FRydUF0wojxX87NcJQwAQ.jpg [View same] [iqdb] [saucenao] [google]
24865229

>>24865160
You had your chance OP, but noooooooo 2views baaaaaaaaad

>> No.24865324

>>24865138
There are tons of seemingly superfluous lawsuits
Do you know how many suits I had to process at my firm last year because people with "asthma issues" wanted to make a stink at the local grocery stores mask policy?
The firm won a few of them because of how the customer was treated

You aren't suing the anime girl, you are suing the company.

>> No.24865457

>>24860016
What's a Pomura.

>> No.24865467

I can't tell if this thread is meant to be humour or not. Practically every vtuber changes from their debut where they are nervous and trying to make a good first impression as they gradually open up more to their audience over time, get better at streaming, find a style that suits them, work out what their audience likes and doesn't like and so on. To expect them to remain static would be ridiculous. Half of them are completely different within a week and its fairly common knowledge that you can't really judge vtubers well on their debuts because of that.

>> No.24865495

>>24858290
I wish it was, I'd sue the living hell out of Ame.

>> No.24865826

>>24865467
We're talking about legal issues ITT.
It can be argued that fans are investors and that the company that is in complete control over the IP of the mascot has allowed the IP to be tarnished

>> No.24865866

Speaking about IP issues, it would also be interesting to see an artist suing for control over their creation, after say a graduation

>> No.24865983

>>24858290
I only watched the vods of her Xenoblade 1 play through and started watching her streams with Xenoblade 2 (so a few days ago)
And I find her plenty cute!
Elira LOVE!

>> No.24866055

>>24865826
I don't think it can be argued that fans are investors. Companies like Cover and Anycolor have actual investors that bought a stake in the company like investors do. Anycolor is even about to issue publicly traded shares, if you want to be an investor and have a say in how the company is run you buy those you don't buy the merch and donate to the talents that is what a customer does.

>> No.24866185

>>24865826
This also brings up another potential case
We might eventually have a company who sues an actress for intentionally damaging their IP
Now, most companies just decide to terminate the talent, like rushia
But if the loss of revenue is too significant, I can see a company suing for damages

>> No.24866225

>>24865866
That already happened in cases like azulim, but for most corpos they probably signed a contract agreeing to leave everything about the character to the company

>> No.24866424

>>24866055
It can be argued, I never said successfully
If I were to try to try and prove that fans are investors, I would compare it to how friends and family can be financial investors without officially having a stock in a company, there are tons of legal precedents for this
I would also bring up that a spouse that finances their partners career is often times beholden to both successes and damages, which is the basis for alimony.

There's a lot of new ground you'd have to prove in a trail like this, you'd essentially have to prove that the company, I.E. nijisanji, allowed elira to act as a "waifu" to potential investors in order to garner more money and support
You'd have to have experts come to the court to debate about the nature of "waifu" and parasocial relationships

>> No.24866507

>>24866225
No I meant the artist, like let's say Coco's artist Yaman
I'd like to see a case where they sue for ownership of the IP

>> No.24866538

>>24866424
Oh if we are talking about Elira specifically she is probably more "waifu" and "parasocial" now than she was at debut though. If anything she has just become more affectionate towards her fans as time has gone on.

>> No.24866680

>>24866507
That would only happen if the company was dumb enough to not set the terms when commissioning the design, I think digikek tried something of the sorts with mel but he just came out as a clown

>> No.24866807

>>24862862
...until you get hit with a SLAPP and/or get declared a vexatious litigant.

>> No.24868158

>>24865826
wouldnt the fact that the livers are contractor sorta make any argument harder?
also i doubt any judge or firm would take a claim thats the equivalent of "the movie advertised the character to a hero but they turned out to be the villain" seriously.
just because someone doesnt enjoy a product just because it didnt meet their expectations doesnt make it false advertising.
if i remember right, i think some starwars fans said they wanted to sue lucasarts or disney with the prequels or the sequels respectively?
pretty sure on that didnt go anywhere because it was an emotional claim but still.

>> No.24868495

>>24865160
Not everybody is schizo enough to look or care for her old character

>> No.24868747

>>24859790
I didn't expect the current levels of menhera, but she was already a bit unhinged in her PL

>> No.24869346

>>24859790
I think you mean petra

>> No.24869823

>>24859790
She's always been a dork who likes to goof around and be silly for the content kinda like Amelia, but more indie-like. She'll put on whatever attitude makes sense for the situation and/or her mood.

Personality != attitude.

>> No.24869848

>>24858290
But I love Elira and want to cum inside her.

>> No.24870176

>>24864264
Sheesh, anon, calm down.

>> No.24871637

>>24858290
more than half of the vtubers out there would be getting sued, specially older ones from the time when vtubers weren't run over by people who just wanted to be regular streamers but put on a cartoon avatar to cash in on the fad

>>
Name
E-mail
Subject
Comment
Action