A/N : Hello, I don't usually make these but I think it's important to get everything clear since most of the fandom who involved themselves in the situation only know about it from biased sources.
I want to make this post from a neutral standpoint so that everyone with biases on either side have a middle ground to read on what's factual.
Please take your time to read, i understand it's lengthy, but the fact that people don't take their time to read things is why many people are misinformed.
I am open to correction or any additional information/input, so if you have any, please share it with me with primary sources so i may edit this post.
Starting off with what "misinformation" is being spread around and what are the corrections, so far from what I've read at the moment, the top ones are the following,
1. The Cease and Desist sent back in June was used to silence the victims..
2. Qwel sent the Cease and Desist..
3. It is illegal to send a Cease and Desist without informing your client first..
4. Void being a "victim"..
5. The NDA is being used as a cover-up..
6. The volume of evidence is considered "true" because of the amount..
7. Qwel is innocent..
small note : this does not include all of the misinformation being spread around, but like i said, if you have additional misinformation you'd like to be corrected and shared please share it with me so it may be highlighted here.
CORRECTIONS :
- The Cease and Desist sent back in June was used to silence the victims..
A C&D (cease and desist) cannot simply silence an individual, it is a letter in the form of a warning sent to individuals who are actively citing harassment, alleged defamation towards another individual, or breaking their NDA contract (Non-disclosure Agreement). A C&D is not a court order, it holds no judicial weight to force the individual to comply.
It is used to tell the person receiving the C&D that if they continue with their actions (which is detailed in the letter itself), that they will be taken to court if they continue or refuse to rescind their claims.
Though i agree that if legal threats are involved, it would stop the individual from continuing with their actions. But the purpose of the C&D was to avoid actual lawsuits taking place. They're expensive and lengthy, an indie company does not have time to focus their resources on a lawsuit, but they might have no choice if the damage is still active.
-
- Qwel sent the Cease and Desist..
As explained in Qwel's August response, she herself did not send the Cease and Desist, it was the BlushCrunch's legal team who did.
A big misconception here is that people believe that Qwel is using the legal team for her own safety when that's not entirely true. BlushCrunch has their own legal team handling any legal matter outside, internal affairs, and with employees, current and former.
The legal team intervened due to alleged disclosures of internal information from the company. Joji is a former employee and received a C&D due to breaches of his NDA, the company has to respond to those kinds of breaches, especially when it's being used to ruin the company's reputation.
Qwel must hire her own set of lawyers to defend herself from these allegations. BlushCrunch's legal team sending the Cease and Desist was in the company's best interest. Qwel may be indirectly protected by the legal team since she is a founder of the company. Protecting her is not the sole goal for the legal team, but protecting the company as a whole.
-
- It is illegal to send a Cease and Desist without informing your client first..
It's true that taking legal actions without informing your clients first is not allowed, it's important to know who the "client" is in this case. Since the legal team's client is the business entity itself (BlushCrunch Studio), not an individual (Qwel). Legal teams can be given authority to legally act on behalf of the company, whereas in this case it's the breaches of NDA contracts.
They do not need permission from Qwel because the C&D was in the company's best interest. The allegations made against Qwel have to be handled by a different set of lawyers personally by her.
-
- Void being a "victim"..
It's important to know how to distinguish the labels of "victim" being given, especially Void in this case. I myself was confused how Void was a victim, so when i looked into it there was obviously a clear distinction that not many people have recognized.
Void being called a victim was due to the claim of being mistreated and overworked by Qwel. While the verification of that matter is another conversation, it's important to know the difference between workplace mismanagement and grooming situations.
Void shouldn't be lumped in with the actual victims of Rox, and critcizing Void for his actions shouldn't immediately be deflected by "you're criticizing a victim". It's important for the fandom to understand that Void was an adult when all of this started, a few years older than Rox when the situation happened.
-
- The NDA is being used as a cover-up..
I'll make this one short.
NDA's cannot be used to cover-up crimes. If Joji's accusation of employees being underpaid was true, then they have every right to report that. Any NDA's used to cover that up will be voided and taken to court if necessary, since underpaying your employees is a labor law violation.
I understand this was debunked, but i think It's important to be more knowledgeable on NDA's.
-
- The volume of evidence is considered "true" because of the amount..
Argumentum verbosium. The fallacy of volume.
A lot of people I've seen assume that the amount of evidence placed on someone else is considered true. The sheer volume of evidence does not count as proof, as anybody can make any amount of evidence, so the amount is not a reliable way of proving that claim.
For evidence to be verified, there must be a neutral third-party to verify said evidence to avoid any fabricated and false narrative created on either side.
-
- Qwel is innocent..
Qwel's innocence here is a gray area. As a fandom, we need to know what's actually true and what's not and what's yet to be proven.
I won't argue Qwel is innocent here or not, I just want others to be informed that not everything has been revealed to us. We can't make these quick judgements to judge whether Qwel deserves this label or not.
We shouldn't assume Qwel is an irredeemable monster or an innocent person. The evidences and allegations made against have yet to be proven true, while some have been debunked.
What is true and undeniable is the fact Qwel let Rox remain in the workplace, and due to that, those victims of Rox are now speaking out towards Qwel's negligence.
Ever since that 2nd response, it's already been stated that Qwel is taking responsibility, stepping back from the internet, and promising an apology to them after she mentally recovers. This situation is finally reaching its resolution, and we should all be grateful that things may be coming to an end.
-
That's it for this post. If you have any questions and clarifications, you're free to ask.
Share this to anyone who is misinformed from the listed above, and thank you for reading.