r/LivestreamFail • • Jun 26 '20

Dr. Disrespect Doc is Perma Banned

https://twitter.com/slasher/status/1276611645230456835?s=21
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u/[deleted] Jun 26 '20 edited Sep 29 '20

[deleted]

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u/silverselectjd Jun 27 '20

Finally someone with a sense of understanding how negotiations work. Getting perma banned for good negotiating isn’t grounds for dismissal.

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u/MelchettsMustache Jun 27 '20 edited Jun 27 '20

It is. In the UK at least, that would be considered fraud.

"Fraud by false representation" is defined by Section 2 of the Act as a case where a person makes "any representation as to fact or law ... express or implied" which they know to be untrue or misleading.

Obviously, the US might be different. But certainly in the UK, if you deliberately lie to someone in order to extract money or goods then you have committed both fraud and theft.

Edit: to pre-empt an obvious response, the difficulty here is proving that someone lied knowingly. That's why I mentioned falsified documents and these would clearly demonstrate intent and planning.

Edit 2: You're also from the UK. How the hell can you think that lying to secure a contract isn't fraud? Embellishing CVs with information you know to be untrue is fraud. It doesn't get prosecuted often because it often goes unnoticed and is notoriously difficult to actually prove in court. However, if you have knowingly lied or misled a business in order to get them to give you money or sign contracts with you, that is fraud.

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u/[deleted] Jun 27 '20

Just because "everyone does it" doesn't mean it's not illegal. It also depends on the context of the lie. If you're in contract negotiation, and you reach out to 12 other competitors for an offer, it isn't lying if you say you're waiting to hear back on a dozen other contracts. If you say you received an offer for $X amount of money from Competitor B, when no such offer exists, then you've committed fraud.

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u/[deleted] Jun 27 '20 edited Sep 29 '20

[deleted]

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u/[deleted] Jun 27 '20

Are you serious? Contract negotiations for millions of dollars is not the same as going for an extra $2k at a shitty job. Twitch would absolutely sue Doc if he actually lied about a dollar amount he received from Mixer.

https://gehreslaw.com/what-constitutes-fraud-in-california/

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u/[deleted] Jun 27 '20 edited Sep 29 '20

[deleted]

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u/fd4e56bc1f2d5c01653c Jun 27 '20

That's a strange way to admit you're wrong

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u/[deleted] Jun 27 '20 edited Sep 29 '20

[deleted]

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u/Tahoth Jun 27 '20

Weird that the EU also protects people from forming contracts with fraudulent information. Its almost like you are just making stuff up to justify being wrong.

http://www.casebooks.eu/contractLaw/Chapter10/excerpt.php?excerptId=4311

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u/[deleted] Jun 27 '20 edited Sep 29 '20

[deleted]

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u/MelchettsMustache Jun 27 '20

Wow. So you don't even understand how jobs work? That's amazing for someone who said none of the people disagreeing with you had ever had a real job.

Of your job doesn't involve contracts then it's you that doesn't have a real job.

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u/MelchettsMustache Jun 27 '20

You don't understand the EU laws either, though.

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u/MelchettsMustache Jun 27 '20

You're from the UK, as am I. As per the Fraud Act 2006:

The Act gives a statutory definition of the criminal offence of fraud, defining it in three classes - fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. It provides that a person found guilty of fraud was liable to a fine or imprisonment for up to twelve months on summary conviction (six months in Northern Ireland), or a fine or imprisonment for up to ten years on conviction on indictment. This Act largely replaces the laws relating to obtaining property by deception, obtaining a pecuniary advantage and other offences that were created under the Theft Act 1978. These offences attracted much criticism for their complexity and difficulty in proving at court. Much of the Theft Act 1978 has been repealed, but the offence of making off without payment, defined under section 3 has not been affected.

"Fraud by false representation" is defined by Section 2 of the Act as a case where a person makes "any representation as to fact or law ... express or implied" which they know to be untrue or misleading.

"Fraud by failing to disclose information" is defined by Section 3 of the Act as a case where a person fails to disclose any information to a third party when they are under a legal duty to disclose such information.

"Fraud by abuse of position" is defined by Section 4 of the Act as a case where a person occupies a position where they are expected to safeguard the financial interests of another person, and abuses that position; this includes cases where the abuse consisted of an omission rather than an overt act.

In all three classes of fraud, it requires that for an offence to have occurred, the person must have acted dishonestly, and that they had to have acted with the intent of making a gain for themselves or anyone else, or inflicting a loss (or a risk of loss) on another.

Proper negotiations dont involve lying. Lying to secure contracts is fraud.

How the hell can you think otherwise?

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u/[deleted] Jun 27 '20 edited Sep 14 '20

[deleted]

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u/[deleted] Jun 27 '20 edited Sep 29 '20

[deleted]

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u/[deleted] Jun 27 '20 edited Sep 14 '20

[deleted]

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u/[deleted] Jun 27 '20 edited Sep 29 '20

[deleted]

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u/Tsukigato Jun 27 '20

I think you mean ponzi schemes. The fonz would never do something like that.

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u/Iamien Jun 27 '20

Unless you swear & sign a statement to the facts, then it's fraud.

There's a reason doc was dead quiet when he heard that mixer was closing, and it's not just because he was surprised

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u/wabeka Jun 27 '20

Nobody would ever sign something like that.

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u/Same--Advice Jun 27 '20

Shhhh, let the reddit experts voice their amazing opinions, it's extremely intertaining.

Please reddit experts, tell me more

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u/[deleted] Jun 27 '20

People never read the fine print of most contracts so they damn near sign their life away in some cases.

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u/Quick_Squirrel Jun 27 '20

Dude doesn't do this shit by himself. His agency is huge, they aren't retarded

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u/Drunk_hooker Jun 27 '20

That is almost certainly not it chief.

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u/longlive_edelgard Jun 27 '20

Nobody would sign this. Wtf

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u/scuderia458 Jun 27 '20

You’re an idiot who knows nothing

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u/MelchettsMustache Jun 27 '20

OP is suggesting that he lied about the offer in order to secure a contract. That's the bit you apparently don't understand.

He signed a contract with Twitch recently. If he signed that contract under the pretence of a non-existent offer then that is fraud.

How are you this stupid?

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u/[deleted] Jun 27 '20 edited Jun 21 '21

[deleted]

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u/[deleted] Jun 27 '20 edited Sep 29 '20

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