Our firm represents ANYCOLOR, Inc. ("ANYCOLOR" / "our client"). We are instructed in relation to activities carried out by you which have caused distress and damage to reputation to ANYCOLOR and individuals ANYCOLOR manages, including but not limited to the publishing of a 58-page document publishing and promulgating falsehoods against ANYCOLOR and its Tubers, and similar falsehoods spread through social media accounts you operate, in breach of our client's rights and of the terms of the confidentiality agreement entered into between you and our our client.
The purpose of this letter:
Given this regretful situation, our client considers that it has no option but to instruct us to write to you seeking these activities cease. Our client trusts that this letter will be received in the spirit in which it is intended, as a reasonable request to end these activities. This demand is to ensure that the public is not misled by the publication of misinformation, in the protection of its Tubers who are attacked and damaged thereby, and in the protection of its own reputation as a reputable organization. Please therefore consider this letter as a reasonable demand that you cease and desist in these unlawful activities which are particularized further below.
Improper and unlawful actions:
As you are aware, ANYCOLOR owns and operates a Tuber business involving live streaming, merchandise sales, digital products, and promotional services. ANYCOLOR has a recognized reputation in the industry, managing numerous livers and VTubers. ANYCOLOR takes pride in the care and attention it provides to its business and its clients, including to the Tubers who operate on ANYCOLOR's platforms. ANYCOLOR's positive reputation and good name are no small part of its success.
Our client became aware of a 58-page document posted online on or about March 29, 2024, under an account that you maintain as an online persona, Raziel Warmonic, (your "Document"). The document was published at the following link:
https://docs.google.com/document/u/0/d/11LCSDbKkquh4|2cJGp5X6QEVzERw8NbwqdCxLbSn5Q/edit?pli=1 but was removed by Google within a day for violating its Terms of Service. It remains accessible however, to a significant audience at the following link:
https://drive.google.com/file/d/1tDhGYbcQWnuqBaRTscvcq524pv0BikGa/view?pli=1. As was inevitable, it has also been republished, including in video summary form, at
https://youtu.ben-popv8s8c4.
Your Document purports to depict events between you and a Tuber managed by ANYCOLOR, known as Luca Kaneshiro. We understand that many of the references you make in connection with Luca Kaneshiro are false or misleading, while simultaneously you assert false and serious accusations about ANYCOLOR's business practices and management which are significantly likely to mislead readers about the true position at ANYCOLOR causing serious harm to its reputation.
Among the many false statements are serious accusations erroneously asserting unprofessionalism, mismanagement, and neglect, including but not limited to the following:
- that ANYCOLOR's management of a VTuber was "non-existent" and that ANYCOLOR provided zero support or PR training for its Tubers;
- that ANYCOLOR refused to take any action when multiple women came forward concerning alleged harassment by another liver: and
- that ANYCOLOR has previously tried to suppress the "stories" you have propagated in your Document.
The true position is:
- that ANYCOLOR takes great care to provide support and training to the Tubers, including providing compliance training programs and covering and explaining the laws and rules which Tubers must follow;
- that ANYCOLOR takes its responsibility towards employees and those it manages seriously. It reacts appropriately to any allegations of misconduct brought to its attention, including via personal consultations with its Human Resources and/or Legal representatives and, since April 12, 2024, through its "Internal Whistleblowing Policy for Livers"; and
- that ANYCOLOR has not taken steps to suppress the accusations asserted in your document, and nor would it, save by way of this proper channel seeking to prevent the public from being misled by the propagation of damaging misinformation being put into the public domain via your Document.
You are likely aware that these falsehoods are damaging to ANYCOLOR and those referred to - not least evidenced by the fact that you seek to make your accusations under the cover of anonymity via a fabricated identity presumably to seek to avoid liability. Those statements have the significant propensity to harm ANYCOLOR's ability to operate its business, retain and accept future clients, and protect its proprietary information such as its contractual terms by your unauthorized references to and publication of them.
In sum, your Document appears purposefully designed to garner online attention with false and defamatory statements based on no information, or upon distortions and misrepresentations, and for which there can be no justification or possible public interest.
What our client seeks
In light of the extent to which your Document has been circulating online and entirely expectedly has been republished and its false accusations repeated, it will lead to potentially significant damage to our client's reputation. We reserve our client's rights in this regard but in the meantime, our client believes that it has had no option other than to engage counsel to seek an end to this conduct and to protect itself, its staff, and its business and reputation.
Accordingly, we require that you forthwith cease publishing these or any similar false and defamatory statements concerning ANYCOLOR and its business or from discussing company business in breach of your contractual provisions. As you expressly agreed in Article 6(2) of the Confidentiality Agreement you signed with us, if you violate or are likely to violate that Agreement by disclosing Confidential Information, ANYCOLOR has the right to demand that you cease such violation, and you shall comply with that demand. This demand constitutes that reasonable request - contractually provided for.
Now that we have been retained as counsel, you should now please direct any and all further communications relating to this matter to the undersigned, and not directly to our client, and you should please not contact our client or its representatives, nor any of our client's Tubers directly about this matter as that may be considered an instance of harassment against them. Given the serious nature of this matter, you may wish to take independent legal advice. If you have attorneys instructed, please forward this letter to them and let us know the name and contact details of those attorneys to facilitate communication with them directly. For the avoidance of doubt, we acknowledge that you are entitled to discuss this matter with a legal representative for the purpose of seeking legal advice.
You should note for completeness, that this is not a complete recitation of our client's rights and that we reserve its rights in their entirety and that if you choose not to resolve this matter sensibly and cooperatively in the manner set forth in this letter, our client will be forced to consider alternate legal recourse. However, we trust that this letter will be received in the spirit in which it is intended, to seek to end this unnecessary attack on our client and for the parties to go their separate ways in a dignified manner.
Sincerely,
