James McGibney is an American entrepreneur and former Marine. He is the CEO and founder of Las Vegas, Nevada based ViaView, Inc., which owns and operates the web sites BullyVille.com, CheaterVille.com, KarmaVille.com, and DramaVille.com.
McGibney served in the United States Marine Corps, serving tours of duty with Third Surveillance Reconnaissance Intelligence Group and Marine Security Guard Battalion. He was awarded the Navy Achievement Medal for his service in the US Marines.
After leaving the Marine Corps, McGibney founded SecuraTrak, a satellite-based asset tracking system. McGibney was involved with the first deployment of Cisco UCS blade technology in 2009, while employed as data center lead at general contractor Tutor Perini.
In February 2011, McGibney announced the website Cheaterville.com, where anonymous users could post claims of infidelity, alongside names and pictures of those accused. He started websites based on similar user participation later in the year, as well as a matchmaking website.
In April 2012, McGibney purchased controversial revenge porn site Is Anyone Up? from Hunter Moore for US$12,000. Web traffic for the site was redirected to BullyVille.com. This effectively shut down the previous site, and was the stated intent of McGibney. Three days after the transaction, Moore used his Twitter account to accuse McGibney of being a pedophile and of possessing child pornography and threatened to rape McGibney's wife.
McGibney sued Moore for defamation in Nevada's Clark County District Court in February 2013. The court entered a default judgment against Moore in the sum of $250,000 plus court costs and attorney fees. As of September 2021 the judgment had reached more than $338,000.
In April 2022, a short VICE documentary featuring McGibney detailing his involvement in the events which led up to the 2012 shutdown of revenge porn website IsAnyoneUp? was published to YouTube. Moore did not participate.
Texas SLAPP Litigation
In December 2015, McGibney was ordered to pay a $1 million Anti-SLAPP court sanction and $300,000 in attorney's fees to Neal Rauhauser for filing a series of baseless lawsuits against him. The decision was believed to be the largest Anti-SLAPP sanction in United States History.
The ruling was temporarily reversed when the presiding judge granted McGibney's request for a new trial in February 2016, but reinstated in favor of Rauhasuer on 14 April 2016 with the SLAPP sanction against McGibney reduced from $1 million to $150,000. The judge ruled that McGibney had filed the suits to willfully and maliciously injure Rauhauser and to deter him from exercising his constitutional right to criticize McGibney.
McGibney appealed and on April 19, 2018, a three judge panel in the Texas 2nd District Court of Appeals ruled in favor of McGibney, vacating the monetary and non-monetary sanctions findings, and reversing and remanding the amount of attorney's fees awarded in ruling that the trial court had abused its discretion. The appeals court further reversed the finding of "willfully and maliciously", noting that Rauhauser's attorney had engaged in a "troublesome pattern of heavy front-end loading of legal work" in his affidavit which attempted to justify the attorney's fees sought.
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- "Orders On Petitions For Review". Texas Judicial Branch - Supreme Court. September 28, 2018. Retrieved August 30, 2021.
- "James McGibney and ViaView, Inc. v. Neal Rauhauser: Mandate". Texas Judicial Branch - 2nd Court of Appeals. Retrieved August 30, 2021.