2011 | |
November | John Szczepaniak ("JS" hereafter) contacts Agness Kaku through Flickr, identifying himself as a freelance journalist and asking to interview her for a "GamesTM" article. |
November 8 | Interview conducted over Skype. |
December | GamesTM issue featuring the interview is released. |
2012 | |
January | The nearly unabridged interview, mixed with older content from Agness' personal blog, is released on hardcoregaming101.net. |
2013 | |
March | JS emails Agness to discuss a possible project in Japan.
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April | JS begins looking for interpreters. |
May | JS asks for Hanako's contact info for a pro bono consultation. |
May | Agness helps JS with the Kickstarter pitch.
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May 29 | "The Untold History of Japanese Game Developers" Kickstarter project officially begins. |
June 30 | Kickstarter ends, having raised £70,092 (original goal: £50,000). |
July | JS asks Hanako to act as an interpreter-coordinator (responsible for finding and arranging interpreters for dates and locations of his choosing), and to do some text translations of emails to/from prospective interviewees. |
July 29 | Hanako sends JS a fees and expenses schedule (including booking fees). JS acknowledges receipt. |
August 1 | Hanako proposes that she interact with interviewees directly to arrange interviews, instead of translating multiple emails between them and JS. Three days later, JS agrees. |
August | JS sends a large number of lengthy and disorganized emails to Hanako (68 for August alone).
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August 20 | Hanako reminds JS that interpreters will need access to a glossary of terms and interview questions at least one day prior to the interview session. |
August 22 | Hanako reminds JS that he needs to do his own logistics, including booking venues, arranging transit, etc. She also reminds him to update his appointment book so she can coordinate interpreters. |
September 11 | JS arrives in Tokyo. |
September 13 | Hanako reminds JS that most interviewees will expect to see the questions ahead of time, as is customary for interviews in Japan. |
September 18-26 | JS begins regularly expressing inappropriate anger towards JR (the £5,000 backer living in Tokyo) and Hanako, while continuing to move more of his workload to Hanako. |
September 26 | Hanako agrees to take on more logistics work for a fee, since JS declares he is reaching "meltdown stage...losing the ability to make logical decisions". |
September 27-30 | JS sends Hanako a vitriolic complaint about the performance of one of the interpreters, Haruko Ota, in an interview with the President of Shade Co. (formerly of Quintet).
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October | JS continues to change his interview schedules and cancels on multiple interviewees, including JM, an interviewee chosen by a high-level backer (£500 "Guest Editor"). He explains that he will falsely claim to the backer that JM was unreachable. JS's mood continues to worsen; he frequently tells Hanako how much he hates the project and complains about the interviewees, accommodations, JR, and even his photographer, ND. |
October 5 | JS sends Hanako another aggressive email about an interpreter, NH, calling her "a liar." |
October 6 | Hanako reminds JS that he must provide at least some interview questions ahead of time to interviewees and interpreters. He claims "I'm not capable...I've lost my mental faculties...the project is a mess - it's my mess, and I hate it. But there's nothing I can do...". He then tells her to cancel on 4 more interviewees.
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October 9 | Agness talks to JS in person for around an hour.
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October 9 | JS sends Hanako a vitriolic email claiming "today I was lectured by Agness" and telling Hanako "I am paying you well - so you should put up with my attitude."
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October 9 | JS emails interpreter MM: "Greetings [MM], It's a long story, but I'm not working with Hanako anymore. Are you available for freelance interpretation on a series of dates through October and November?" |
October 10 | Hanako meets with JS, and both parties record the meeting on their iPhones.
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October 10 | JS emails MM again.
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October 13-15 | Hanako sends emails to outstanding interviewees informing them of her resignation (no reason stated) and asking them to contact JS directly from now on. She then sends email to a conference room rental company to request that their receipt be issued to JS instead of her. |
October 14 | JS demands Hanako return her booking fees for MM's canceled appointments and makes several troubling statements:
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October 21 | Agness posts a comment to the Kickstarter comments section and on her own Facebook page, informing others that Hanako would be using half of the money she was paid by JS to support another Kickstarter project. |
October 31 (?) | Kickstarter deletes the comment. Agness contacts Customer Support, who explain there is a rule against putting URLs in project comments. |
November 1 | Agness reposts the comment on Kickstarter, without a URL. |
November 3 | The comment is again deleted and JS refunds Agness' pledge in order to revoke her posting privileges. |
November 22 | JS makes his first defamatory post. The reaction is overwhelmingly supportive, with an unusual number of "likes." The two backers who question his behavior are promptly removed from the project.
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Nov ~ December | Supportive comments continue to gather on JS's post, with
nearly everyone crediting JS's story, and many joining in the defamation of Hanako and Agness.
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December | Agness is asked by an acquaintance at [Company X], one of her clients, about JS's allegations. He discloses that the matter was brought to his attention by a writer (someone Agness has no connection with) at [Company X]'s Tokyo headquarters, and that JS's allegations had become a subject of gossip in the department. |
2014 | |
January 17 | JS posts a second defamatory update, this time about Haruko Ota.
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February | Agness begins contacting solicitors in the UK. They inform her that action should take place in France. Agness begins talking to bilingual French solicitors with experience in libel suits. |
March 11 | Hanako and Agness contact the interviewees that Hanako coordinated. Each interviewee receives:
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March 12 | JS sends a message to Agness' Husband, Peter Duimstra, furious about the letter to interviewees and threatening to destroy the careers of Hanako and Agness. |
March 13 | Agness contacts Flecher, Poujade, Panon & Fairbairn |
March 13 | JS posts a third defamatory update, and identifies one of Agness' current clients and the title she is working on for that client. He also lists the names of Peter Duimstra and his business partner.
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March 16 | Agness writes JS for the first time since their October 9, 2013 text exchange. She calls him on his behavior, then offers him an opportunity to retract his lies and avoid a libel suit. |
March 18 | In response to Agness' email, JS sends an email to Hanako stating "All of our reputations - the reputations of all five of us - will be worthless by the time this reaches its conclusion. I do not need to work. You lot of four, presumably, do need to work." (Note: JS has not contacted Agness directly since last texting her on October 9, 2013.) |
March 19 | Agness instructs legal counsel to begin court proceedings against JS. |
March 31 | The originally-projected delivery month for the book "Untold History of Japanese Game Developers," passes without the book having shipped. |
April | At JS's request, HardcoreGaming101 takes down his 2011 interview with Agness Kaku. |
April 15 | Agness and Hanako make their first-ever public statement about JS's allegations, in the form of this Blogger page. |
May 2 | Agness begins tweeting under her real name in order to drive traffic to the Blogger page and to counter, in some small way, Jon's overwhelming search engine advantage and 5-month lead. |
May 30 | Devin Monnens, JS's longtime acquaintance, repeats John's libel on the mailing list of IGDA Localization Special Interest Group, decrying "a nasty piece of work on the part of the Kakus." |
May 31 | JS posts a fourth defamatory update, urging backers to disregard Agness and Hanako's Blogger page and Twitter feed. |
June 5 | A person at a client company informs Agness of Devin Monnen's libelous post. He states, "I'd say a hefty portion of the industry knows about it by now. It's a pretty pervasive mailing list. All the loc people who go to GDC, etc." Agness posts a rebuttal to the mailing list. |
June 12 | The first hearing takes place at the Criminal Court of Niort. The trial, over the plaintiffs' objection, is set for September 11. |
August | The book "Untold History of Japanese Developers" ships. |
September 10 | JS's lawyer files for continuance, claiming he did not receive the evidence from the plaintiffs' counsel. The evidence consists of French translations of Hanako's letter to interviewees she worked with, and JS's updates published online on November 22, 2013; January 17, 2014; March 13, 2014. The new trial date is November 13. |
September 12 | JS posts a fifth defamatory update, falsely claiming that the delay was caused by Agness and Hanako failing to locate a French translator. He urges, "I think everyone who backed this book, if they have a twitter account themselves, should also report her. Get some kind of movement going." |
September 27 | Agness contacts Kate Edwards, the director of IGDA and chair of LocSIG, to request a retraction of and apology for JS's acquaintance Devin Monnens's defamatory posting on the mailing list in breach of LocSIG rules. After initially being receptive, Kate Edwards abruptly changes her demeanor and informs Agness, "Just so you know, John reached out to us to make similar complaints against you and about the use of the LocSIG mailing list." JS is a due-paying IGDA member; Agness is not. |
November 8 | Kate Edwards posts an apology to Agness—and to JS. |
November 10 | JS's lawyer files for a second continuance, claiming he needs more time to study the documents shared by the plaintiffs' counsel (French translations of JS's Kickstarter updates). Over the plaintiff's objection, the new trial date is February 12, 2015. |
December 14 | JS sends a defamatory letter on The Ralph Report, a blog that identifies with the #GamerGate hashtag. JS attempts to persuade #GamerGate followers that "Agness Kaku…is one of the most dangerous people in the games industry…Anyone who crosses her path is labelled 'mentally ill' and a 'misogynist'…I would be happy for some kind of coverage, if you feel it would be of interest to the GamerGate community." |
December 16 | The Ralph Report publishes a negative follow-up piece on Agness, based largely on factually false statements made by JS. Agness has an amicable exchange with TRR and his followers on Twitter, and offers to do a live interview with TRR. |
December 14 onward | Agness receives multiple media requests to an old email address that she previously shared with JS, all from sites and people publicly allied with #GamerGate, including William Usher. |
2015 | |
January 14 | Agness has a public Twitter interview with William Usher. |
Chronology of Events
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Final update: Every court appeal lost and now you have to pay his legal fees for wasting everyone's time. You should make sure to update how you lost horribly, kinda looks weird how it just ends. Almost like you're ashamed.
ReplyDeleteYou are misinformed. We have never received a verdict from the court. Mr. Sczepaniak's lawyer asked for, and received, two delays of trial, and then, shortly before the final trial date, told the court "oops, I forgot...my client doesn't actually live in France." The court accepted this claim and declared itself "incompetent" in the matter, by reason of jurisdiction.
DeleteIn our appeal, we presented evidence that Mr. Szczepaniak was indeed living in the country, with his parents, during the time in question, but because Mr. Szczepaniak was not employed at the time, we could find no official record of his residence. As a result, the court reconfirmed the lower court's ruling of "incompetence".
So that's how things sit. Mr. Szczepaniak escaped a libel verdict. The court has never contacted us regarding any kind of fee payment.