I know you guys are all anxiously waiting for either myself or QOL to respond in an official capacity. Unlike David, we are actually running our response through legal counsel before we release it.
David is yelling about defamation, yet he does the following:
1. Makes official public statements like this:
"In an effort to enhance Alganon’s® market visibility and following the direction of certain investors, QOL hired Derek Smart as a consultant on December 3, 2009 to assist in the area of sales and marketing. Soon thereafter, and for reasons unbeknownst to me, Mr. Smart began a smear campaign attacking my credibility, first privately among the investors, and then publicly."
Statements which are not only false, but also relies on the very investors he cheated and lied to. The same investors who unanimously kicked him out of the company. The same investors who are currently engaged in burying him in more lawsuits than he could possibly imagine.
2. Goes and issues a press release to "tell his skewed side"
The facts are clear and without interpretation. His complaint (there is no lawsuit btw, thats just rubbish) is without merit and is just designed to strong arm people to do what they have been doing these past four years: give him money.
He can make as much noise as he wants but that won't change the facts. I, for one, can't wait for him to sue because once he does that, everything goes into discovery and the world will eventually see him for the person that he is, the actions he has taken and how - once again - he brought a company to the brink and nearly destroyed it. Only this time the investors had me in place and so the damage was somewhat contained.
This is the guy who goes and "withdraws" whatever little money was left in the company, then gave it to attorneys (first one in Seattle, we just laughed at and sent him packing, then he got another in AZ - we're still laughing) in a bid to sue the very company and investors whose money it was. Money that was for payroll and company expenses.
Right now he should be more concerned about the FBI, the IRS and the SEC more than filing frivolous suits that he has NO money to see through. Whatever money he had left, has already been spent on attorney retainers. Lets see how exactly he plans on bringing about frivolous lawsuits to no less than fourteen individuals and two companies. Not to mention the counter suits and cross complaints that are in the works and which he is most likely going to be buried in for the next ten years of his life.
We've known about his complaint since it was filed back on Mar 25th. But he chose to issue a press release on April 7th? My guess is that he's out looking for a job or some fool to give him money.
In typical David fashion, he has no clue wtf he is doing or what's coming down the line. All this is just noise to take away from the fact that he screwed several investors, screwed thousans of gamers, nearly destroyed the company and left a frigging mess behind. A mess that I have been tasked with clearing up and fixing.
If him or his attorneys have any sense whatsoever, they would closely examine the FACTS surrounding libel and defamation. To think that for as long as I've been on the Net that I would make statements which would even be construed as such, is not only hilarious but is the kind of thing that helps attorneys renovate their homes, buy a yatcht or send their spouses on a shopping spree. Only the attorneys win.
For those of you who really want to learn something, here are just two of thousands of legal briefs on defamation.
Apart from that, the same way that he tends to lie, we feel that he has not been forthcoming with his attorneys either because there is no way in hell they would even think of filing a complaint, let alone saber rattle if they had all the facts. But he wont' be the first one to lie to attorneys and then engage in damage control when a lawsuit hits.
Legal complaints are usually filed in order to extort money from their target. Thats why the courts place a time limit on them and during which you either piss or get off the pot. This complaint is no different as he has been trying to use it to leverage an exhorbitant buyout that he is in no way, shape or form is entitled to. Now whatever money he would have received is going to go to attorneys.
David - once again - severely underestimates the investors. Because he pretty much spent four years feeding them bullshit and them giving him money, he thinks that they're just going to cave and pay him to go away. When no less than ten people unanimously vote you OUT of a company - TWICE - it means only one thing: they want you GONE.
There is a reason why, since the complaint was filed, nobody from our side has said anything about it publicly. The reason is simple: it is rubbish.
When David Allen decided to bring me to QOL to HELP him, then LIE to me and try to get me to play along with his scheme to continue bilking the investors through lies and deceit he drew the line. Had I gone along with that plan, it would a different story today. The court documents will show EXACTLY what happened. So go ahead David, bring it.
Derek. This is a comment section of a public gaming blog. You are doing it again. Decades now of this behavior, do you not even see how you behave? This is not discourse, this is a stunt in a completely unacceptable channel.
Derek - basically what your going to end up doing is trying to prove in a court of law that David is unfit to work anywhere - best of luck with that. Oh and fyi - forum posts from you count as official company statements - even when your not on the clock.
You have to give him some credit - he did after all lead a team that launched a MMO - which more than you can say.
Reader Comments (7)
Posted: Apr 9th 2010 1:42PM dsmart said
David is yelling about defamation, yet he does the following:
1. Makes official public statements like this:
"In an effort to enhance Alganon’s® market visibility and following the direction of certain investors, QOL hired Derek Smart as a consultant on December 3, 2009 to assist in the area of sales and marketing. Soon thereafter, and for reasons unbeknownst to me, Mr. Smart began a smear campaign attacking my credibility, first privately among the investors, and then publicly."
Statements which are not only false, but also relies on the very investors he cheated and lied to. The same investors who unanimously kicked him out of the company. The same investors who are currently engaged in burying him in more lawsuits than he could possibly imagine.
2. Goes and issues a press release to "tell his skewed side"
The facts are clear and without interpretation. His complaint (there is no lawsuit btw, thats just rubbish) is without merit and is just designed to strong arm people to do what they have been doing these past four years: give him money.
He can make as much noise as he wants but that won't change the facts. I, for one, can't wait for him to sue because once he does that, everything goes into discovery and the world will eventually see him for the person that he is, the actions he has taken and how - once again - he brought a company to the brink and nearly destroyed it. Only this time the investors had me in place and so the damage was somewhat contained.
This is the guy who goes and "withdraws" whatever little money was left in the company, then gave it to attorneys (first one in Seattle, we just laughed at and sent him packing, then he got another in AZ - we're still laughing) in a bid to sue the very company and investors whose money it was. Money that was for payroll and company expenses.
Right now he should be more concerned about the FBI, the IRS and the SEC more than filing frivolous suits that he has NO money to see through. Whatever money he had left, has already been spent on attorney retainers. Lets see how exactly he plans on bringing about frivolous lawsuits to no less than fourteen individuals and two companies. Not to mention the counter suits and cross complaints that are in the works and which he is most likely going to be buried in for the next ten years of his life.
We've known about his complaint since it was filed back on Mar 25th. But he chose to issue a press release on April 7th? My guess is that he's out looking for a job or some fool to give him money.
In typical David fashion, he has no clue wtf he is doing or what's coming down the line. All this is just noise to take away from the fact that he screwed several investors, screwed thousans of gamers, nearly destroyed the company and left a frigging mess behind. A mess that I have been tasked with clearing up and fixing.
If him or his attorneys have any sense whatsoever, they would closely examine the FACTS surrounding libel and defamation. To think that for as long as I've been on the Net that I would make statements which would even be construed as such, is not only hilarious but is the kind of thing that helps attorneys renovate their homes, buy a yatcht or send their spouses on a shopping spree. Only the attorneys win.
For those of you who really want to learn something, here are just two of thousands of legal briefs on defamation.
What are libel & slander?
http://www.expertlaw.com/library/personal_injury/defamation.html
The EFF on defamation
http://www.eff.org/issues/bloggers/legal/liability/defamation
Apart from that, the same way that he tends to lie, we feel that he has not been forthcoming with his attorneys either because there is no way in hell they would even think of filing a complaint, let alone saber rattle if they had all the facts. But he wont' be the first one to lie to attorneys and then engage in damage control when a lawsuit hits.
Legal complaints are usually filed in order to extort money from their target. Thats why the courts place a time limit on them and during which you either piss or get off the pot. This complaint is no different as he has been trying to use it to leverage an exhorbitant buyout that he is in no way, shape or form is entitled to. Now whatever money he would have received is going to go to attorneys.
David - once again - severely underestimates the investors. Because he pretty much spent four years feeding them bullshit and them giving him money, he thinks that they're just going to cave and pay him to go away. When no less than ten people unanimously vote you OUT of a company - TWICE - it means only one thing: they want you GONE.
There is a reason why, since the complaint was filed, nobody from our side has said anything about it publicly. The reason is simple: it is rubbish.
When David Allen decided to bring me to QOL to HELP him, then LIE to me and try to get me to play along with his scheme to continue bilking the investors through lies and deceit he drew the line. Had I gone along with that plan, it would a different story today. The court documents will show EXACTLY what happened. So go ahead David, bring it.
Posted: Apr 9th 2010 2:16PM (Unverified) said
Posted: Apr 9th 2010 2:17PM (Unverified) said
Posted: Apr 9th 2010 2:51PM (Unverified) said
Posted: Apr 9th 2010 4:43PM Tizmah said
Posted: Apr 9th 2010 5:59PM HereticalPenguin said
...no we weren't...
Posted: Apr 9th 2010 7:29PM Angelworks said
You have to give him some credit - he did after all lead a team that launched a MMO - which more than you can say.