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

[AnOminous]

To those who have forgotten, he cannot raise any new issues (like the ones of Digital Millennium Copyright Act, or vicarious copyright infringement that the district court recommended).

Specifically he pled contributory infringement, which has an element that requires the defendant actually induce the infringement, not merely inaction. Vicarious liability also requires some benefit to the defendant, although anywhere money exchanges hands, it could be argued that the site's general operation is benefited by content that attracts viewers. RTC v. Netcom is instructive on that point.

Luckily he only argued contributory infringement and imo his argument absolutely lacks one of the essential elements. I would like to see what "extraordinary" circumstances exist that excuses Russhole's bungling at the trial court level.

 

[Awel an Ankoù]

"Suck me my penis" both sounds very wrong grammatically but is it technically wrong? Or is it like "I am become death", which sounds off but is technically right?

Some verbs take an indirect object, a secondary object of the verb, along with a direct object, the primary object of the verb. In a non-exceptional language, the direct object would be in the accusative case and the indirect object would be in the dative case but this is English so there isn't a difference. Suck doesn't take an indirect object so Russell is stupid, but his theory of English grammar isn't entirely wrong, for this reason.

 

[Useful_Mistake]

. Vicarious liability also requires some benefit to the defendant, although anywhere money exchanges hands, it could be argued that the site's general operation is benefited by content that attracts viewers. RTC v. Netcom is instructive on that point.

Right, but from my read of RTC v. Netcom, there must be a direct financial benefit from the infringement of the work. There is no evidence that I have seen (or that I think Russ could present) that Null profited specifically from Russ' works being infringed on this site. Some of the cases the district court cited would seem to work in Null's favor.

I don't think Russ could win on this, but I'm glad that he didn't argue this on the district level as it certainly would have been better suited to succeed than contributory infringement.

 

[Illuminati Order Official]

"Suck me my penis" both sounds very wrong grammatically but is it technically wrong?

Easily fixed by a comma: "Suck me, my penis" - so a demand (suck me) and elaboration (my penis) so the person knows he doesn't mind his finger or other part.

 

[Useful_Mistake]

Motion filed by Appellant Russell G. Greer to extend time to file appellant/petitioner's brief until 06/28/2022. Served on: 06/17/2022. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes.

Spoiler: Images

Tldr: The flu magically turned into Covid so they need more time. No, I'm not making it up



Judge has yet to rule on this motion

 

[DrJonesHat]

Reminder, Russ' appellate brief is due tomorrow.

To those who have forgotten, he cannot raise any new issues (like the ones of Digital Millennium Copyright Act, or vicarious copyright infringement that the district court recommended). See Greer v. Herbert, No. 18-4075 (10th Cir. Apr. 9, 2019) (“we generally do not consider matters not first presented to the district court.”), McDonald v. Kinder-Morgan, Inc., 287 F.3d 992 (10th Cir. 2002) (“It is clear in this circuit that absent extraordinary circumstances, we will not consider arguments raised for the first time on appeal.”).

Generally you also can't produce new evidence on appeal. See Selman v. Califano, 619 F.2d 881 , 884-85 (10th Cir. 1980) ("We must decide the appeal on the record made below. We cannot consider new evidence proffered at this level), United States v. Schmidt, 9 F.3d 118 (10th Cir. 1993) ("They cannot now bring new arguments and present new evidence on appeal in an attempt to overturn the district court's ruling.", Barwick v. City of Aurora, , 39 F.3d 1191 (10th Cir. 1994) ("we will not entertain new arguments or attempts to introduce new evidence on appeal.").

Hypothetically, there's nothing stopping Russ from trying to take this all the way to SCOTUS right? I mean, unless four justices all get head injuries at the same time, there's no way they'd grant cert, but Russ could still drag it out and waste Null's time and possibly money too couldn't he?

 

[AnOminous]

Right, but from my read of RTC v. Netcom, there must be a direct financial benefit from the infringement of the work.

Other than the payment of the customer, they didn't, and plaintiff failed to present a triable issue of fact on the "direct financial benefit." It would seem difficult to argue under the circumstances that non-paying "customers" would qualify. Interestingly, knowledge isn't an element of vicarious infringement under that case law, but the DMCA safe harbor now covers such cases (probably not in this case though because I believe Greer actually sent a valid DMCA).

Not complying with a DMCA notice does not by itself create liability, so the plaintiff still has to prove their case.

Not being the poster, Null has no direct liability (probably), no contributory liability, and no vicarious liability, although the last would have been a much stronger case, I think, especially if he could bring some allegation of fact to the table.

However, he only pled contributory, and without supporting facts.

 

[Useful_Mistake]

Hypothetically, there's nothing stopping Russ from trying to take this all the way to SCOTUS right? I mean, unless four justices all get head injuries at the same time, there's no way they'd grant cert, but Russ could still drag it out and waste Null's time and possibly money too couldn't he?

He could appeal to SCOTUS, but SCOTUS is unlikely to take the case up

 

[DrJonesHat]

Motion filed by Appellant Russell G. Greer to extend time to file appellant/petitioner's brief until 06/28/2022. Served on: 06/17/2022. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes.

Spoiler: Images

View attachment 3407370
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Tldr: The flu magically turned into Covid so they need more time. No, I'm not making it up
View attachment 3407377


Judge has yet to rule on this motion

What if the judge denies the motion? Does that toss the whole thing in the dumpster?

He could appeal to SCOTUS, but SCOTUS is unlikely to take the case up

Wonder if he'd try to sue to force them to take it. I know you can't do that, but something not being allowed has never slowed down God's Favorite Idiot. He's just this side of a SovCit, so I'm surprised he's never tried to sue a judge for ruling against him, or at least try to complain to the ethics board. Maybe one of the few facts that got through his trauma-lumped skull was that judges have immunity to suits related to the performance of their duties. I dunno.

 

[Useful_Mistake]

What if the judge denies the motion?

Unlikely as that may be, it would simply then require Russ' lawyers to file the motion by the end of tomorrow

Does that toss the whole thing in the dumpster?

The appeal? No.

Wonder if he'd try to sue to force them to take it. I know you can't do that, but something not being allowed has never slowed down God's Favorite Idiot.

Lol, that'd be funny.

 

[DrJonesHat]

Lol, that'd be funny.

He made noises about suing Bob Barr and Mitt Romney when they didn't repeal the First Amendment and make it illegal to make fun of him. He apparently thought Romney owed him because in Russ's mind, Russ was instrumental in getting Romney elected, despite Romney being arguably the most well known Mormon in America and running in a heavily Mormon state. He was also mad that Bob Barr, as attorney general, didn't just shut us down despite having no power to do so.

 

[Useful_Mistake]

Motion filed by Appellant Russell G. Greer to extend time to file appellant/petitioner's brief until 06/28/2022. Served on: 06/17/2022. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes.

Spoiler: Images

View attachment 3407370
View attachment 3407372
View attachment 3407373
View attachment 3407374
View attachment 3407375

Tldr: The flu magically turned into Covid so they need more time. No, I'm not making it up
View attachment 3407377


Judge has yet to rule on this motion

 

[Cousin_Larry]

It's a double object (of sorts), but English doesn't really have that formulation, though it reminds me sort of of German's reflexive formulation where you say something like "Ich wasche mir die Hände." Translated word for word this would mean "I wash myself the hands." (They also have the formulation "I wash my hands" like English.)

I feel like we're spending way too much time analyzing Russ' word choice. He's an idiot. That's all there is to it. It doesn't sound right because it is not what anyone would ever say in normal conversation.

 

[Sexy Senior Citizen]

Motion filed by Appellant Russell G. Greer to extend time to file appellant/petitioner's brief until 06/28/2022. Served on: 06/17/2022. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes.

Spoiler: Images

View attachment 3407370
View attachment 3407372
View attachment 3407373
View attachment 3407374
View attachment 3407375

Tldr: The flu magically turned into Covid so they need more time. No, I'm not making it up
View attachment 3407377


Judge has yet to rule on this motion

>Grimm and Keenan are sick with the flu
>Kiwis wonder why it wasn't Covid
>Next filing
>The flu has magically evolved into Covid

 

[Hollywood Hitler]

>Grimm and Keenan are sick with the flu
>Kiwis wonder why it wasn't Covid
>Next filing
>The flu has magically evolved into Covid

COVID and the flu are one on the same, they just changed it to COVID because that's the magic word to get whatever you want in Current Year.

 

[Dong-Liquor]

Easily fixed by a comma: "Suck me, my penis" - so a demand (suck me) and elaboration (my penis) so the person knows he doesn't mind his finger or other part.

DAMN YOU TO HELL!!! Now I want to see "Suck me, my penis" used in a story of some sort. It would be even funnier if used in a movie.

 

[Illuminati Order Official]

DAMN YOU TO HELL!!! Now I want to see "Suck me, my penis" used in a story of some sort. It would be even funnier if used in a movie.

Now when I read it it can also sound like he's making a request to his penis to suck him...

 

[Milton Luther Keynes]

Now when I read it it can also sound like he's making a request to his penis to suck him...

Or to another person for whom his affectionate pet name is "my penis"...

 

[Andrew Neiman]

The prostitute doesn't have a penis.

Sounds boring.

I have a serious question to the more knowledgeable farmers out there.

"Suck me my penis" both sounds very wrong grammatically but is it technically wrong? Or is it like "I am become death", which sounds off but is technically right?

You really opened up a can of worms here. Well done!

Motion filed by Appellant Russell G. Greer to extend time to file appellant/petitioner's brief until 06/28/2022. Served on: 06/17/2022. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes.

Spoiler: Images

View attachment 3407370
View attachment 3407372
View attachment 3407373
View attachment 3407374
View attachment 3407375

Tldr: The flu magically turned into Covid so they need more time. No, I'm not making it up
View attachment 3407377


Judge has yet to rule on this motion

I’m glad Andrew Grimm and Gregory Keenan have Covid.

 

[Useful_Mistake]

What I'm wondering though, is why they need the extra 7 days? When they got sick they said that despite their "serious" flu they could do it in 21. When they found out they have COVID (they didn't say that their condition worsened) they now suddenly need 7 days more. Sure, they have to make a response on the SCOTUS level after their opposition filed a brief, but surely in the 21 days they would have finished with this brief as originally intended?