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Author Topic: Roca Labs Sues First First Amendment Big-Dog Lawyer Marc Randazza for Defamation  (Read 5625 times)

Matthew Chan

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I have been mostly quiet about the whole Roca Labs situation because it is largely unrelated to what ELI covers. But I have not been able to ignore it because of the craziness that Roca Labs has generated. I read Twitter posts and the occasional blog post about Roca Labs by prominent bloggers Popehat, Techdirt, Adam Steinbaugh, BoingBoing, etc.

However, what has put me over the top regarding Roca Labs is that they have foolishly made this into even a bigger show by suing First Amendment big-dog lawyer, anti-revenge porn lawyer, Righthaven-crusher, Marc Randazza. All one has to do is Google "Marc Randazza" and his reputation speaks for himself. Although I have never met or communicated with Marc, I respect his frank, passionate, and outspoken style. He doesn't mince words nor does he suffer fools and idiots.  He is pretty generous with his use of tasty 4-letter words.  I've read a few of Marc's briefs over the years and he is a very good and assertive writer. His "style" is quite agreeable with my sensibilities.  (Take that for what it's worth!)

Based on second-hand info, it appears that Roca Labs is allegedly a company that makes some kind of "stuff" (that has little or no calories) that a person can "eat" to make themselves "feel full" thereby allowing a person to lose weight. Part of Roca Labs "strategy" is that pricing is very expensive.  And people who are interested in buying this "stuff" get a huge discount by agreeing to NOT disparage or complain about the the company and its product.

Roca Labs has made themselves famous in the tech and legal blogging world by engaging in its crazy tactics. Thus far, they have attempted to silence three Florida ex-customers (Companies seem to like to pedal sleazy shit to suckers in Florida.) for complaining about Roca Labs and its allegedly ineffective "stuff" to the Better Business Bureau, PissedConsumer.com, among others.  This, of course, reminds me a lot of Getty Images' outside counsel, Timothy B. McCormack's, nasty little First Amendment-stealing tactic from 2007 of taking advantage of legally ignorant, David Simcosky, by "leaning" on him to sign and shut up or Simcosky would be forbidden use the Internet, have his PC's removed, pay fines, etc.

http://www.extortionletterinfo.com/forum/mccormack-letter-forum/timothy-b-mccormack-is-a-free-speech-thug-first-amendment-violator/

In any case, I have posted this little story right here in the PPO Forum because it seems appropriate as I view it as a potentially First Amendment crushing story. As if it wasn't bad enough that ex-customers are being used for rightfully making public complaints.  But now they want to try to silence Marc Randazza himself who represents PissedConsumer.com.

Both Adam Steinbaugh and Popehat is covering the Roca Labs v. Marc Randazza lawsuit.  You can read their takes on this recent Roca Labs development.

http://www.popehat.com/2014/11/11/roca-labs-lacking-a-hornet-nest-into-which-it-could-stick-its-dick-has-sued-marc-randazza/

http://adamsteinbaugh.com/2014/11/11/roca-labs-sues-marc-randazza-for-defamation/

My guess is that Roca Labs is in denial of the Streisand Effect and they believe they can legally pummel the interwebs into silence. And according to Popephat, the Florida lawyer, John DeGirolamo, representing Roca Labs, apparently has an arrest record.  http://openpasts.com/publicrecord/john-degirolamo/1598426033908

Roca Labs, by suing Marc Randazza for defamation, has pretty much ensured that First Amendment advocates come out of the woodwork in droves on behalf of Marc.  My guess is that John DeGirolamo and Roca Labs thinks they can take on Marc Randazza and actually shut him up.  Really?  They have pretty much ensured that Marc will be working pro-bono to putting Roca Labs into the ground much like how he helped put Righthaven out of business.

This is going to get very interesting very fast.
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

lucia

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By the way, one of the main ingredients in their diet product is "Konjac gluccomanan". (See http://mini-gastric-bypass.me/answers/no-surgery/medical-evidence-for-success)  This is a fairly inexpensive ingredient which can be bought at health food stores. It's ... slimy. You can put some in a glass of water and drink it-- it gives a slight full feeling. It's also what used to make shiritake noodles (and is the 'secret' to why those have practically zero calories.)  Some people like these, some hate them.  They have a very slight 'fishy' taste and oder.  But yes, they makes you feel full relative to a soup that doesn't have these in them. (They have pretty much zero calories.)

People who want to try it could do so pretty cheaply.

Matthew Chan

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It appears now Roca Labs is suing a blogger for covering the story and making fun of them.

https://www.techdirt.com/articles/20141118/07134929178/roca-labs-sues-blogger-faces-legal-challenges-ny-florida.shtml

It looks like these guys are determined to follow the path of Carreon and attempt to sue anyone on the interwebs for hurting their feelings, insulting them, and mocking them.

I wonder how many lawsuits Roca Labs is going to initiate for the various people who are writing not-so-nice things about them.

It looks like this Paul Berger, General Counsel, is a serious piece of work here.
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

Robert Krausankas (BuddhaPi)

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I didn't think anyone would top Charles Carreon, but Roca Labs is certainly making a run to dethrone him.
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

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