>>712705347
[395] I have also found that the first and second contextual imputations, that Mr Mitchell
had been publicly exposed as a cheater and had been banned from submitting scores
to Twin Galaxies, were made in Mr Jobst’s video and are substantially true. I am
satisfied that a consequence of the truth of those imputations, together with evidence
of the defence witnesses and of the comments made since the video was published,
is that, when Mr Jobst published his videos, Mr Mitchell already had a reputation,
not only as a person who had been publicly exposed as a cheater, but also (if it is
different) as a person who had in fact cheated in order to obtain at least some of his
record scores, probably by using MAME software instead of original unmodified
arcade hardware. That was certainly his reputation after the Twin Galaxies decision
and, notwithstanding Mr Mitchell’s witnesses’ evidence to the effect that he
remained a popular attraction at video and arcade gaming events, his reputation in
that regard continued to exist at the time of Mr Jobst’s video
Note that, as the judge goes on to explain in the rest of the judgment, being a cheater or not has fucking nothing to do with what this case was about and was ultimately irrelevant to the main issue at hand.
