- Joined
- May 4, 2020
Cultcow Russell Greer / Mr. Green / @ just_some_dude_named_russell29 / A Safer Nevada PAC - Swift-Obsessed Sex Pest, Convicted of E-Stalking, "Eggshell Skull Plaintiff" Pro Se Litigant, Homeless, aspiring brothel owner
- Thread starter Cryin RN
- Start date
- Joined
- Feb 7, 2015
Oh they are taking on the defamation claims? Neat. Wasn't his quibble that we said he had victims and he said he only had one? Can Null's lawyer bring up the ROs he was revealed to have issued against him in the AGT suit, or is it too late to introduce new evidence?
- Joined
- May 4, 2020
He had many issues with our statements including that one, yes.
You generally can't introduce new evidence on appeal.
- Joined
- Dec 28, 2014
As for #1, denial of leave to amend is generally reviewed for abuse of discretion.
#2 is law, not fact, and probably will be addressed de novo.
#3 is similarly law, but the law is abundantly clear.
#4 is whether the District Court erred in applying the CDA to those very state law claims, all of which are well within the ambit of the CDA.
Luckily, the issue isn't whether there was actually infringement but whether it was adequately pled. Russ pled to the wrong standard, so they're either going to have to argue it should have been interpreted leniently, even though that would have left the defendant with no clear statement what he was actually being accused of.
Finally, the DMCA doesn't add any additional copyright liability for infringement, just provides immunity if you actually comply with the safe harbor provisions. If not, you're just dumped into the same copyright hell that preceded the DMCA's existence. The plaintiff still has to prove infringement.
For a third party to be held liable for infringement, there needs to be a theory supporting it. In this case, that's contributory and indirect. The trial court found below he hadn't adequately pled either.
Despite it being an abuse of discretion standard, I actually think the first point is probably the best, specifically that it would have been possible to amend the pleading to cure the defects cited by the trial court. Apparently so do they because they led with it.
You could introduce the sort of supplemental record that is not subject to factual dispute, i.e. material subject to judicial notice. It's not really relevant to anything on appeal though. The court doesn't have to reach the issue of whether any of these statements were defamatory, only the issue of whether or not the CDA would even allow a suit under these circumstances.
I think it is pretty clear it does not.
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- Dec 24, 2018
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- Nov 11, 2016
I would say that this looks like it took more effort than Russ's legal pleadings but the sad fact is that he actually TRIES, god help him
- Joined
- Nov 26, 2014
Pardon if three days is too late to reply to this, but I think that Russ is too anxious to ever run for office. He claims to have anxiety, and I actually believe him for a number of reasons. One of which is the way that he keeps editing and re-editing his posts. If he had actual confidence, he wouldn't feel the need to compulsively do that, but would stand by what he said. Anxiety is also a very common co-morbidity with autism, which I'm pretty sure he has but I won't belabor that particular point for the nth time.
Also, narcissistic people are generally abnormally anxious whether openly or secretly, with fellow narcissist cow Patrick Tomlinson being another good example. (Pat's refusal to let any allegation, no matter how ridiculous, go unanswered is downright obsessive-compulsive. No sane person would worry that other people would believe allegations that he grinds up black babies to make pepperoni, or feel the need to say absurd things like, "No, child, you did not fart in my wife's vagina", or spend hours at a time arguing with a troll impersonating his toilet on Twitter.)
In fact, Russ's anxiety is probably part of the reason that he thinks he is somehow so "inspiring"; Russ knows how hard he has to work to overcome his anxiety to to do his performances, and with his lack of theory of mind, he just automatically assumes that everyone else knows it too. He was undoubtedly told as a child how brave he was by his parents and/or teachers (who would have known about his condition and/or been able to imagine how much worse stage fright could be for someone who looks as weird as Russ). In fact, his willingness to repeatedly
- Joined
- May 4, 2020
One of the things he raised issue with was with statements Null himself made which would not be affected by CDA.
But like we know, there really wasn't anything Null said that was defamatory (not to mention that his argument was at one point "he talked about me so even if I dont know what it is it must have been defamatory!")
- Joined
- Apr 26, 2016
Buddy made Reddit
r/JusticeForJohnnyDepp - The quality of Amber's loyal supporters! Meet Russell Greer: Litigious sex-pest, convicted stalker, Utah's favorite Lolcow.
35 votes and 44 comments so far on Redditwww.reddit.com
Okay, maybe I'm actually glad Russell is back on Facebook, this post alone is funnier than all the desperate tag-filled self-promotion he posts on Instagram. You just KNOW Russell thinks he has a chance with Amber now that she took a huge financial hit. That gourd-shaped head is already fantasizing about her sleeping on the couch of Vegas's coolest, most musically gifted stud.
- Joined
- May 4, 2020
People should mark the 21st on their calendar. It's going to be big, Not only are we likely to get a pretty big doc brief from Russ, we will be able to compare the work of his lawyers with the work Russ submitted to the district court. This will be a historic occasion, finally we can see what Russ can do with help of some lawyers
- Joined
- Dec 29, 2020
Bitch, I live near Branson and you....
you are so right.
- Joined
- Dec 28, 2014
That's why #4 but you can tell counsel considers it the weakest. I believe both #3 and #4 are absolutely hopeless. 3 for obvious reasons, 4 for the lack of anything pleading any actual damages for statements that are not per se defamatory.
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- Aug 20, 2019
Well, technically we already saw what Russ can do with the help of lawyers.
Namely, reject a plea agreement and become a convicted criminal on probation.
- Joined
- May 4, 2020
Yeah, yeah, yeah. I meant in a civil lawsuit
- Joined
- Dec 17, 2019
Alternate merch:
* Coolest DM on Insta
* Coolest Para in court
* Coolest Guy Ever
* Coolest Venmo Dollar
- Joined
- Jan 27, 2020
*I'm best
Captain Hair
kiwifarms.net
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- Mar 29, 2018
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- Oct 8, 2019
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- Dec 18, 2018
Don't worry. He'll never change.
I wish Russ to stay like this forever.
Only escalate.
- Joined
- May 4, 2020
