Trials & Litigation

April Fool's Day tweet after court loss leads to threat of sanction

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One of the owners of the Videogames YouTube Channel had to explain on Tuesday why he shouldn’t be held in contempt for his April Fool’s Day tweet.

Bryan Martin tweeted the same day he and a co-owner were found liable for more than $20 million for conspiring to breach agreements with two investors, Texas Lawyer (sub. req.) reports. His tweet: “VG directors! Send me porn for submission to the channel!” The request, if followed, could have led YouTube to ban the channel, according to an affidavit in the case. (Martin’s first name is spelled as “Brian” in some court documents and as “Bryan” in others.)

The plaintiffs had claimed the tweet violated an order by U.S. Magistrate Paul Stickney telling the defendants not to do anything to harm the YouTube Channel. Stickney ordered Martin to show cause why he should not be held in contempt. Sanctions for contempt can include monetary sanctions as well as the possibility of incarceration, Stickney warned in the order to show cause.

No porn was ever sent and none was uploaded to the channel, Martin said in his response to the order. The tweet was an April Fool’s Day joke and Martin was exercising his right to free speech, the response said.

A lawyer for the plaintiffs, Victor Vital, told Texas lawyer that Stickney accepted Martin’s apology during the hearing on Tuesday.

The investors said they each obtained a 30 percent stake in the company after each paying $1,500 four years ago, but Martin and co-owner Marko Princip breached the agreement. The Dallas Morning News published a Texas Lawbook story on the verdict here.

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