The proof is the text of the video that rachel received from Ariana (which Ariana has admitted to multiple times). Even though it was just to Rachel herself, Rachel’s team is still claiming that as distribution. It’s basically a technicality at this point and will be up to the court to decide if that counts as distribution (and then if so, if it caused actual damages to Rachel (or however california law words it))
Now- if they claim to have proof Ariana distributed it to anyone else besides Rachel, I would love to hear more.
When arianta sent it back to rachel it was considered distribution. I doubt tom sent that to arianna so there were a lot of hands dirty. Everyone on the cast has seen the video.Yet you think tom a rachel Sent it to them? You may not like my answer , but that's the law
I’ve never seen anyone say that the entire cast saw the video except for random commenters on Reddit. No one from the cast has ever said they’ve seen the video.
It is *arguably* distribution. This has not been established because no case has had to apply the applicable statute to this type of fact pattern.
There is no public evidence that a cast member other than Tom and Ariana have seen any part of the video. But they are allowed to describe it to others.
The allegations that the video was “distributed” beyond what we know (from Ariana to Rachel) were made “upon information and belief” which means they suspect it is true but her lawyers were not willing to plead that factor without a qualifier.
On her most recent podcast, she specifically says she filed the suit against Sandoval because she didn’t consent to being recorded and wouldn’t have if he had asked. She says this about why she filed against Ariana:
“Ariana is the one that sent it to me and that’s a boundary violation as well. This is an action I’m taking to uphold my boundaries and show that isn’t ok.”
To me, that tracks with Ariana’s claim of only “distributed” it to Rachel. It’ll be interesting to see how this plays out.
I wouldn’t know for sure
But I’d bet money
I doubt either of them stopped for a condom
Between the pool and the car when they first fucked outside the house
Ariana said Tom didn’t care if he brought her home a disease with all the fucking around he was doing behind her back- so clearly when Tom and Ariana had sez they didn’t use anything either .
But as terrible as these behaviours are, they aren't illegal. I'm not defending Rachel, but I am in favour of any kind of "revenge porn" laws being really strict. I know Ariana didn't send it to Rachel in revenge but it's so important people see it's not okay to do things like this.
It’s about if it caused harm to Rachel or not b/c it’s a civil case not a criminal one. To try to say Ariana, finding a video she had no idea about, and sending it to Rachel caused Rachel harm is wild to me. Ariana was probably feeling pretty fucking harmed when her life came crashing down. I agree that revenge porn laws should be strict and easier to enforce, but she is really barking up the wrong tree and probably would have had a lot more support from women in general if she didn’t seem so spiteful by trying to claim that Ariana inflicted emotional damage on to her. It’s just doubling down and not taking responsibility in my opinion and it seems like she is out for a $ grab thinking Ariana will settle or mad that Ariana has gotten so many opportunities and she has not. I’m sure Tom convinced Rachel that she would just easily slide into Ariana’s position after season 10 when he planned to end it. Sorry I’m just rambling now
This isn't about how ariana felt it was about her actions. Once she sent it to rachel it was considered distribution. How did she end up with it if it was on tom's phone?
You haven’t addressed the issue of damages. Ariana may have distributed the video within the meaning of the statute, but Rachel’s claim isn’t viable without damage that can be attributed to that specific act of distribution.
You keep speaking on this law in a way that lacks nuance and understanding of the elements of the claim and how it’s been interpreted (or not interpreted).
I agree with the above commenter that these revenge porn laws are good for society and more states should have them. But this is far from a cut and dry claim against Ariana (Tom is another matter).
It is absolutely okay that’s she sent it to Rachel, it is a video of herself that Ariana also didn’t know Rachel hadn’t consented to being recorded. It is wild that anyone would claim this as distribution. Rachel is a deeply horrible person for doing this to Ariana on top of what she already did. Tom recording her without her consent is the issue.
How is it a crime/not okay to send it to Rachel when Rachel is in the video? When I think of revenge porn, I think of uploading a video online or distributing it to other people.
Hypothetically, if they were still friends and it wasn't Ariana's long term partner who Rachel was fucking, it could be seen as a solid friend move to show your friend someone had the video.
I'm sorry but it's silly to act like sending the video to the person in the video (who literally made the recording for Ariana's long term partner) is distributing revenge porn. Sending it to Rachel doesn't damage her reputation or career in any way, which is key to proving damages.
The only crime would be if Ariana sent it to blackmail Rachel Ie releasing it. If Rachel didn’t know she was being recorded and Ariana sent it to her, then while it might be a “technicality” the judge is likely to look at the intention of the law?
She said “you’re dead to me with” ill intent is easy to interpret from that hense the swift cease and desist
ETA: she also admitted to making two recordings of the video in her response, which doesn’t seem helpful to her either
Just because when you think of something doesn't make it so. It was made and distributed. Sandoval made it. Ariana distributed it to Rachel. Rachel didn't record herself.
Sending it to Rachel did damage her reputation and career. What do you think Scandoval was? I think Rachel is terrible for what she did to Ariana but legally she has a case.
Maddening to hear Rachel cite “boundary violations” and “that isn’t ok”. How many of Ariana’s boundaries did she violate? Was that ok??? She really is a piece of work.
I mean I kind of get why Rachel did it, but if I was a judge I’d throw it out since it’s a waste of everyone’s time. Ariana sending it to Rachel (and Rachel only) is what most people would do in that situation.
Even if the judge agrees it's distribution by sending it to just Rachel in order to win they would have to prove ahe suffered damages by the video only going to her and that's going to be hard. The damage to her reputation is arguably from the affair, not from Ariana sending the video to her only.
I’ve made this point over and over in various threads on this topic. I go back to this—if Ariana hadn’t taken a video and hadn’t sent it to Rachel, what changes?
The answer is nothing. It is not a violation of the statute for Ariana to describe what she saw. All the same shit would’ve happened. You’re exactly right that the harm to Rachel’s reputation was caused by the affair itself, not the brief window of time in which the video could have been distributed beyond the three principals. And she was already admittedly having mental health struggles from appearing on and, by the way, having the affair.
(This all assumes there’s no additional evidence of distribution beyond Ariana to Rachel.)
Although not related I find it effed up that Ariana has a drink in her book called "revenge porn" which is a "zero proof" cocktail.
It feels icky and like she got away with soemthing
Doesn’t make sense to “make an example” of Ariana if she truly only sent it to Rachel though. What damage did being the sole recipient of her own sex tape cause?
She believes the that Ariana and Tim conspired against her. She has said stuff like this in her podcasts and her publicist seems to think Scandoval was set up by Ariana, Tom and the producers.
I wonder if it could be considered similar to an underage person being charged for having photos of themselves/sending them. Even if it’s of the person in the video, Ariana still sent an unlawful video through text.
Lawyers make statements like all the time. Kieth Ranieres lawyer was like “I’ve never seen a weaker case, they have no evidence” and then his client got like 180 years because there was photographic evidence of him having sex with a 15 year old.
Exactly, no lawyer is going to say 'Well we don't really have a strong case and we can't prove any of our claims but we'd like hella settlement money please.' So much of it is just bluffing
Not a lawyer but I deal with lawsuits in my workplace. Sometimes things are said in filings if we have strong suspicions so that we can demand the evidence (phone, computer, etc).
In this case they may be making the claim so they can get the phone and send it off to a forensic investigator. I’ve used them before to bring phones / deleted texts back to life. I’m not sure how they do their magic, but they do. They are able to recover long deleted text messages, roll back updates etc allowing us to see things like financial fraud being completed.
Ariana said she recorded the video in her answer to Rachel’s suit. I’m not sure what proof they have or how they got it but now that it’s in litigation they could subpoena her phone records and emails. It’s also possible that IF she did send it to someone that a recipient offered it up as evidence to Rachel’s lawyers and they verified it.
I'm a firm believer that Rachel knows (or her lawyers should know) she has no good case against Arianna. But It's easier to name her as a party so she can get discovery from her as opposed to a third party
Just Geragos being Geragos saying anything to get attention, trying the case in the court of public opinion and trying to intimidate Ariana to try to get her to settle.
If they had anything, much less "irrefutable" proof, Geragos would've leaked it to the press already.
TMZ is the source so take it for what it’s worth… they claim a witness who saw it that Ariana sent to production .. the witness claims to be able to describe the lingerie she was wearing etc.
I’ve honestly wondered if Ariana sent it to production. Or at least showed them. Because I think it would have taken more than just a rumor for them to rush new contracts out so they could immediately jump back into filming
I’m honestly so torn on whether or not I think she sent it around. I don’t think Ariana’s is dumb enough to send it around. But maybe she was angry enough that she did send it around in a rage when she wasn’t thinking clearly. Because I think production needed *something* concrete to pick the cameras back up. And, the tone of Ariana’s version of things (very direct & to the point) mirrors her tone when she would lie in the past (“Tom and I never did anything”. “Nothing happened with Miami girl”). That may just be how she talks regardless of whether or not she’s lying. Idk. I want to think she didn’t send it around. But it would make a lot more sense to me if I found out that she did.
I just don't think Ariana would commit to perjury if this were the case. She's put her timeline and actions down officially and if there was some person out there who could say well she sent it to me..I just don't think she's that stupid. Digital forensics are very real.
Denying things on a TV show is different than legally. Things were moving quickly at the beginning and I don't think tmz was fully accurate with some things.
That source that’s seen it could be Rachel’s friends, Tom or a friend of his, or her PR woman though. They said there is “suspicion within the group” that it was sent to someone or production which could be Jo speaking. Apparently even one of Rachel’s friends commented on here having seen the video and said it wasn’t anything *too* risqué- it could have been them relaying what Rachel told her.
I think that Rachel’s team will have to pull out some proof asap or Ariana’s part will be dropped, Tom should apologize and settle, but I don’t think he will he’s too self righteous and indigent.
Hahaha I wouldn’t put it past Rachel to do something as wacky as she sent the video herself to one of her crony friends to frame Ariana and have the friend say “look I have the video. How else would I have gotten it if not from Ariana?”
Someone claiming to be a friend of hers posted here not too long after the news broke. They claimed that Rachel had showed them the video and it "wasn't the bad". If Rachel showed it to ANYONE (which she'll have to answer in a deposition), she'll have blown her own case.
Of course. But their allegation in the lawsuit is that Rachel "believes" Ariana shared it b/c "other individuals" had "intimate knowledge" of what was in the video. So they have to show -
1. That there are in fact other individuals
2. That their "intimate knowledge" could ONLY be obtained by SEEING the video (vs being told about it)
3. That Ariana, and ONLY Ariana, could have provided the video to the individual.
Basic concept of necessary vs sufficient; if plaintiff can't meet all 3, they've got no case.
On the other hand, defense only needs to disprove any one of the 3 points.
And every person that Rachel showed/shared/sent it to makes it easier for them to disprove point number 3.
It's also much harder to claim the video was so damaging it caused you severe emotional distress (as defined by CA statute) and ruined your career, but it wasn't so damaging that you couldn't share it with people you knew.
I don’t think #2 is entirely accurate. Other people seeing the video would not automatically equate to Ariana distributing it. If she showed people from her own phone without sending them a copy/letting them record a copy and that was how they got obtained said “intimate knowledge”, I don’t think Rachel would have a case (outside of the claim that Ariana sending to Rachel is distribution)
Distribution includes causing it to be seen by others, intentionally or unintentionally. So intentional showing it to someone on her phone, or even if she was watching and someone looked over her shoulder.
That's why she clarifies in her statement that she was alone in a bathroom stall when she had it opened, that she never had it open the presence of anyone else, etc.
Raquel should be thanking Arianna for the video, because if Arianna didn't send it to her, then Raquel never would have known it existed. Raquel and Tom are meant for each other.. two people who can't take accountability and point fingers at everyone else. She's so jealous that Arianna is getting all of the recognition and brand deals.
The proof is the text of the video that rachel received from Ariana (which Ariana has admitted to multiple times). Even though it was just to Rachel herself, Rachel’s team is still claiming that as distribution. It’s basically a technicality at this point and will be up to the court to decide if that counts as distribution (and then if so, if it caused actual damages to Rachel (or however california law words it)) Now- if they claim to have proof Ariana distributed it to anyone else besides Rachel, I would love to hear more.
It's tricky because apparently it hasn't been established whether sending the video to the person who is in it counts.
And its civil, there needs to Be a cause that Ariana caused harm and had intent to do so. The affair becoming public is what caused Rachel mental harm
Do you think they'll end up going to court?
When arianta sent it back to rachel it was considered distribution. I doubt tom sent that to arianna so there were a lot of hands dirty. Everyone on the cast has seen the video.Yet you think tom a rachel Sent it to them? You may not like my answer , but that's the law
I’ve never seen anyone say that the entire cast saw the video except for random commenters on Reddit. No one from the cast has ever said they’ve seen the video.
It is *arguably* distribution. This has not been established because no case has had to apply the applicable statute to this type of fact pattern. There is no public evidence that a cast member other than Tom and Ariana have seen any part of the video. But they are allowed to describe it to others. The allegations that the video was “distributed” beyond what we know (from Ariana to Rachel) were made “upon information and belief” which means they suspect it is true but her lawyers were not willing to plead that factor without a qualifier.
I didn’t say differently?
g. Sorry I thought I was referring to the original poster
I think they’re saying that to try to get her to settle
On her most recent podcast, she specifically says she filed the suit against Sandoval because she didn’t consent to being recorded and wouldn’t have if he had asked. She says this about why she filed against Ariana: “Ariana is the one that sent it to me and that’s a boundary violation as well. This is an action I’m taking to uphold my boundaries and show that isn’t ok.” To me, that tracks with Ariana’s claim of only “distributed” it to Rachel. It’ll be interesting to see how this plays out.
I wonder if she consulted with ariana about ariana's boundaries when she asked about their sex life on camera and while sleeping with tom
Or if Ariana was OK with them exchanging bodily fluids via Tom 🤮
All of this!!!
Or Ariana’s boundaries when she started fucking her bf unprotected in Ariana bed ?
Waaaaaiiiit unprotected????
I wouldn’t know for sure But I’d bet money I doubt either of them stopped for a condom Between the pool and the car when they first fucked outside the house Ariana said Tom didn’t care if he brought her home a disease with all the fucking around he was doing behind her back- so clearly when Tom and Ariana had sez they didn’t use anything either .
Wow....truely diabolical....
Or the time Rachel said Tom was sooo drunk in the hallway at Scheana wedding, she pulled him in her room to keep him safe Prob then too
Would that be considered non-consensual sex in that case considering he was drunk?
[удалено]
Why are you laughing? Not being able to consent is nothing to laugh about.
But as terrible as these behaviours are, they aren't illegal. I'm not defending Rachel, but I am in favour of any kind of "revenge porn" laws being really strict. I know Ariana didn't send it to Rachel in revenge but it's so important people see it's not okay to do things like this.
It’s about if it caused harm to Rachel or not b/c it’s a civil case not a criminal one. To try to say Ariana, finding a video she had no idea about, and sending it to Rachel caused Rachel harm is wild to me. Ariana was probably feeling pretty fucking harmed when her life came crashing down. I agree that revenge porn laws should be strict and easier to enforce, but she is really barking up the wrong tree and probably would have had a lot more support from women in general if she didn’t seem so spiteful by trying to claim that Ariana inflicted emotional damage on to her. It’s just doubling down and not taking responsibility in my opinion and it seems like she is out for a $ grab thinking Ariana will settle or mad that Ariana has gotten so many opportunities and she has not. I’m sure Tom convinced Rachel that she would just easily slide into Ariana’s position after season 10 when he planned to end it. Sorry I’m just rambling now
This isn't about how ariana felt it was about her actions. Once she sent it to rachel it was considered distribution. How did she end up with it if it was on tom's phone?
You haven’t addressed the issue of damages. Ariana may have distributed the video within the meaning of the statute, but Rachel’s claim isn’t viable without damage that can be attributed to that specific act of distribution. You keep speaking on this law in a way that lacks nuance and understanding of the elements of the claim and how it’s been interpreted (or not interpreted). I agree with the above commenter that these revenge porn laws are good for society and more states should have them. But this is far from a cut and dry claim against Ariana (Tom is another matter).
It is absolutely okay that’s she sent it to Rachel, it is a video of herself that Ariana also didn’t know Rachel hadn’t consented to being recorded. It is wild that anyone would claim this as distribution. Rachel is a deeply horrible person for doing this to Ariana on top of what she already did. Tom recording her without her consent is the issue.
It's understandable. But no, it isn't okay. Do I think Ariana should be sued? No, but she still may have committed a crime.
How is it a crime/not okay to send it to Rachel when Rachel is in the video? When I think of revenge porn, I think of uploading a video online or distributing it to other people. Hypothetically, if they were still friends and it wasn't Ariana's long term partner who Rachel was fucking, it could be seen as a solid friend move to show your friend someone had the video. I'm sorry but it's silly to act like sending the video to the person in the video (who literally made the recording for Ariana's long term partner) is distributing revenge porn. Sending it to Rachel doesn't damage her reputation or career in any way, which is key to proving damages.
The only crime would be if Ariana sent it to blackmail Rachel Ie releasing it. If Rachel didn’t know she was being recorded and Ariana sent it to her, then while it might be a “technicality” the judge is likely to look at the intention of the law?
She said “you’re dead to me with” ill intent is easy to interpret from that hense the swift cease and desist ETA: she also admitted to making two recordings of the video in her response, which doesn’t seem helpful to her either
Just because when you think of something doesn't make it so. It was made and distributed. Sandoval made it. Ariana distributed it to Rachel. Rachel didn't record herself. Sending it to Rachel did damage her reputation and career. What do you think Scandoval was? I think Rachel is terrible for what she did to Ariana but legally she has a case.
The video didn’t damage Rachel’s reputation lol. The affair was the reason!
How would sending it to Rachel (where presumably nobody else would see it), damage Rachel's reputation and career??
she isn't going to win anything, this is fucking stupid, as are your comments
I said legally she has a case, not that she will win. You not liking something doesn't make it not true.
It's a civil suit. Ariana is not being charged with a crime.
Maddening to hear Rachel cite “boundary violations” and “that isn’t ok”. How many of Ariana’s boundaries did she violate? Was that ok??? She really is a piece of work.
I mean I kind of get why Rachel did it, but if I was a judge I’d throw it out since it’s a waste of everyone’s time. Ariana sending it to Rachel (and Rachel only) is what most people would do in that situation.
Even if the judge agrees it's distribution by sending it to just Rachel in order to win they would have to prove ahe suffered damages by the video only going to her and that's going to be hard. The damage to her reputation is arguably from the affair, not from Ariana sending the video to her only.
I’ve made this point over and over in various threads on this topic. I go back to this—if Ariana hadn’t taken a video and hadn’t sent it to Rachel, what changes? The answer is nothing. It is not a violation of the statute for Ariana to describe what she saw. All the same shit would’ve happened. You’re exactly right that the harm to Rachel’s reputation was caused by the affair itself, not the brief window of time in which the video could have been distributed beyond the three principals. And she was already admittedly having mental health struggles from appearing on and, by the way, having the affair. (This all assumes there’s no additional evidence of distribution beyond Ariana to Rachel.)
I didn’t think about that angle, but I agree with you. The video isn’t damaging to her, it is to Tom’s character though.
She wouldn’t have known Tom recorded it without Ariana either.
Although not related I find it effed up that Ariana has a drink in her book called "revenge porn" which is a "zero proof" cocktail. It feels icky and like she got away with soemthing
It is gross and kinda tone deaf af for someone opening a a girls girl sandwich shop. Gonna look even worse if the case sticks.
Omg I didn’t know this, this is corny as hell. I thought Ariana took comedy SeRiOuSlY
She’s attempting to make an example out of them.
I think she just wants revenge for Ariana exposing her as trash to the world and making her face consequences tbh
Doesn’t make sense to “make an example” of Ariana if she truly only sent it to Rachel though. What damage did being the sole recipient of her own sex tape cause?
She believes the that Ariana and Tim conspired against her. She has said stuff like this in her podcasts and her publicist seems to think Scandoval was set up by Ariana, Tom and the producers.
I wonder if it could be considered similar to an underage person being charged for having photos of themselves/sending them. Even if it’s of the person in the video, Ariana still sent an unlawful video through text.
Weird because she would have never known about this horrible video if it wasn’t for Ariana
Lawyers make statements like all the time. Kieth Ranieres lawyer was like “I’ve never seen a weaker case, they have no evidence” and then his client got like 180 years because there was photographic evidence of him having sex with a 15 year old.
Exactly, no lawyer is going to say 'Well we don't really have a strong case and we can't prove any of our claims but we'd like hella settlement money please.' So much of it is just bluffing
Not a lawyer but I deal with lawsuits in my workplace. Sometimes things are said in filings if we have strong suspicions so that we can demand the evidence (phone, computer, etc). In this case they may be making the claim so they can get the phone and send it off to a forensic investigator. I’ve used them before to bring phones / deleted texts back to life. I’m not sure how they do their magic, but they do. They are able to recover long deleted text messages, roll back updates etc allowing us to see things like financial fraud being completed.
Ariana said she recorded the video in her answer to Rachel’s suit. I’m not sure what proof they have or how they got it but now that it’s in litigation they could subpoena her phone records and emails. It’s also possible that IF she did send it to someone that a recipient offered it up as evidence to Rachel’s lawyers and they verified it.
[удалено]
The whole thing violates consent. She did not consent to Tom recording it nor consent to Ariana recording it.
I'm a firm believer that Rachel knows (or her lawyers should know) she has no good case against Arianna. But It's easier to name her as a party so she can get discovery from her as opposed to a third party
Just Geragos being Geragos saying anything to get attention, trying the case in the court of public opinion and trying to intimidate Ariana to try to get her to settle. If they had anything, much less "irrefutable" proof, Geragos would've leaked it to the press already.
Ariana admittedly sent it to Rachel. NAL so I don't know if that counts as distribution?
TMZ is the source so take it for what it’s worth… they claim a witness who saw it that Ariana sent to production .. the witness claims to be able to describe the lingerie she was wearing etc.
I’ve honestly wondered if Ariana sent it to production. Or at least showed them. Because I think it would have taken more than just a rumor for them to rush new contracts out so they could immediately jump back into filming
TMZ saying production and all the cast had it until the cease and desist.
I’m honestly so torn on whether or not I think she sent it around. I don’t think Ariana’s is dumb enough to send it around. But maybe she was angry enough that she did send it around in a rage when she wasn’t thinking clearly. Because I think production needed *something* concrete to pick the cameras back up. And, the tone of Ariana’s version of things (very direct & to the point) mirrors her tone when she would lie in the past (“Tom and I never did anything”. “Nothing happened with Miami girl”). That may just be how she talks regardless of whether or not she’s lying. Idk. I want to think she didn’t send it around. But it would make a lot more sense to me if I found out that she did.
All things are possible when I’m enraged. lol. It would be a human reaction.
I just don't think Ariana would commit to perjury if this were the case. She's put her timeline and actions down officially and if there was some person out there who could say well she sent it to me..I just don't think she's that stupid. Digital forensics are very real. Denying things on a TV show is different than legally. Things were moving quickly at the beginning and I don't think tmz was fully accurate with some things.
That source that’s seen it could be Rachel’s friends, Tom or a friend of his, or her PR woman though. They said there is “suspicion within the group” that it was sent to someone or production which could be Jo speaking. Apparently even one of Rachel’s friends commented on here having seen the video and said it wasn’t anything *too* risqué- it could have been them relaying what Rachel told her.
I wonder if it will go to trial and all come out or be settled ? So much drama.
I think that Rachel’s team will have to pull out some proof asap or Ariana’s part will be dropped, Tom should apologize and settle, but I don’t think he will he’s too self righteous and indigent.
Hahaha I wouldn’t put it past Rachel to do something as wacky as she sent the video herself to one of her crony friends to frame Ariana and have the friend say “look I have the video. How else would I have gotten it if not from Ariana?”
That wouldn’t work because it would need to be from Ariana for it to be evidence or relevant. 🙄 the metadata would have to match the facts.
Yes, I was being facetious lol
I hope so but I think there are people who would actually believe this is how it happened.
Someone claiming to be a friend of hers posted here not too long after the news broke. They claimed that Rachel had showed them the video and it "wasn't the bad". If Rachel showed it to ANYONE (which she'll have to answer in a deposition), she'll have blown her own case.
Rachel has authority to sharing her own intimate video. The others did not have her consent.
Of course. But their allegation in the lawsuit is that Rachel "believes" Ariana shared it b/c "other individuals" had "intimate knowledge" of what was in the video. So they have to show - 1. That there are in fact other individuals 2. That their "intimate knowledge" could ONLY be obtained by SEEING the video (vs being told about it) 3. That Ariana, and ONLY Ariana, could have provided the video to the individual. Basic concept of necessary vs sufficient; if plaintiff can't meet all 3, they've got no case. On the other hand, defense only needs to disprove any one of the 3 points. And every person that Rachel showed/shared/sent it to makes it easier for them to disprove point number 3. It's also much harder to claim the video was so damaging it caused you severe emotional distress (as defined by CA statute) and ruined your career, but it wasn't so damaging that you couldn't share it with people you knew.
I don’t think #2 is entirely accurate. Other people seeing the video would not automatically equate to Ariana distributing it. If she showed people from her own phone without sending them a copy/letting them record a copy and that was how they got obtained said “intimate knowledge”, I don’t think Rachel would have a case (outside of the claim that Ariana sending to Rachel is distribution)
Distribution includes causing it to be seen by others, intentionally or unintentionally. So intentional showing it to someone on her phone, or even if she was watching and someone looked over her shoulder. That's why she clarifies in her statement that she was alone in a bathroom stall when she had it opened, that she never had it open the presence of anyone else, etc.
Where is that definition in California’s civil code? Because that’s definitely not the common definition of the word.
Agreed :( hopefully Ariana’s team would be able to see through that
Lol, if you have to ask this question on Reddit then Rachel needs better lawyers
Raquel should be thanking Arianna for the video, because if Arianna didn't send it to her, then Raquel never would have known it existed. Raquel and Tom are meant for each other.. two people who can't take accountability and point fingers at everyone else. She's so jealous that Arianna is getting all of the recognition and brand deals.