He is saying that there is no precedent for the continuous disclosure argument which is frankly fucking retarded.
I do believe he's correct that there's no precedent. The retarded thing is that he choose to argue that, basically, the absence of evidence is evidence of absence, and him and his fans finding that satisfactory.
What he is saying right now is essentially that he didn't actually have to go DFE on his discord chats because even if the video of pixie sucking on his worm was still up there in Rose's(and probably someone else's too) chats it would be perfectly fine since he sent it before the law came into the effect.
This really is the end-point if you're arguing that you aren't making it accessible by i) sharing with someone else and uploading to cloud servers ii) You're the only person outside of the hosting service that can delete the file iii) Shareable to anyone with a link (no authentication or authorization). At that point we'd have grandfathered in non-consensual explicit material, which is absurd.
It would be especially egregious in this case, because CARDII/15 USC § 6851 had
already been signed into law. Joe Biden signed the bill on March 15, 2022 (before Destiny shared the video of Pxie, or anyone else, with Rose), but mainly because it was part of a massive omnibus spending bill it had an effective date from when the next fiscal year started (October 1).
A strict reading of "making accessible" really leaves no room for argument considering Destiny's method of sharing the video, and the "accessibility-ness" of the Destiny-uploaded copy of the Pxie video was the same on April 9, 2023 as it was a year earlier when Destiny uploaded the video.
Also, Destiny fully understood that he was making the videos accessible...because he deleted them! (Of course, he didn't bother to do that when it was clear that someone had access to the Rose-Destiny logs. He didn't bother to do it when Solo claimed he would leak more. He didn't bother to do it when the explicit leaks happened.) (What makes Melina's response even more pathetic is Destiny not even bothering to remove her videos when he deleted the Pxie and (probably) Stasia ones and she's still giving him a pass.)
I find it funny that, once again, Destiny's lawyers point out that Destiny is actually a piece of shit:
The despicable conduct stands, regardless of whether the behavior happened post effective date of statute or not.
It beats me how Stasia's allegations would be unrelated? Destiny doing the
exact same thing to someone else seems....relevant?
Melina has still not been deposed:
More details on the deposition of Pxie's then-boyfriend: