Cultcow Russell Greer / @ 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

[Hrothgar]

I think it's insane that this whole thing started with Russ repeatedly failing to successfully serve basically anyone through sheer incompetence and idiocy. Then with Null, it went:

Russ: I want alternative service.
Judge: You have to attempt normal service first.
Russ: No, I don't want to.
Judge: lol ok alternative granted.

 

[Useful_Mistake]

Broadly speaking, a journalist can write lies about you and that can be used as "proof" in the court of law as to why you deserve the electric chair?

Am I reading this right?

EDIT: Ah, I see, they're reviewing it this way specifically because it's an appeal on a granted motion to dismiss. Somehow even though they drew multiple arrows towards this part, I missed it.

Also didn't Shitlips file this suit because he thought it'd be a workaround to Section 230 or is that a different suit I'm thinking of?

He wanted 230 to be declared invalid as it relates to KF, yes

To any legal experts viewing the thread, is there any opportunity for Null to appeal this?

Null has 14 days to file motion for reconsideration.

If the 10th Circuit judges have punted this back to the District Court, can/will Russhole's pro bono lolyers represent him wrt the do-over?

They can, but they may no longer do so Pro bono (for free). Remains to be seen.

 

[William Tyndale]

"Not only refused to remove the materials, he mockingly posted the correspondence to Kiwi Farms."

Is this judge retarded? No, seriously. How does somebody this stupid even get a position like that? I hope this is appealed, and the appeal is as mean and insulting as possible to this retard who thinks "Mockingly posting a correspondence" is in any way relevant in a copyright infringement case.

The judges don’t write these opinions. They tell their clerks what they want it to say and then the clerks write it and research case law to back up the decision. That’s why new attorneys clerk for judges right out of law school. It’s like a paid internship where they get to learn about how the sausage is made.

 

[Blacklight]

Taylor Swift is shaking in her pumps as we speak.

 

[Shadfan666xxx000]

Couch cuck is getting his revenge! People of kiwifarms, your campaign of slander against the dead has once and for all returned to you as your reckoning. For what seemed like a legal proceeding was in truth a ritual to summon the spirit of your truest nemesis.

 

[Pee Cola]

They can, but they may no longer do so Pro bono (for free). Remains to be seen.

I have mixed feelings about this.

On one hand, I'd like to see them quit while they're ahead as it would make Russ seethe, along with putting them on Russ's ever growing list of future lolsuit victims.

On the other hand, I'd like to see them throw good money after bad, especially given that they could've walked away with a small w with which they could puff up their resumes just a little bit more.

Now I'm even more certain that it's us Russhole thread enjoyers who got the big W with this ruling.

 

[AnimeGirlConnoisseur]

My derpy ass actually contributed. Most of the time when I save something some other tard beats me to it.View attachment 5419690

Wait, doesn't this just mean that the case is now going to be heard on it's merits? After that shit with Vic, I don't feel confident predicting how any case is going to go down, but doesn't Russ still have to argue his case to the district court?

Regardless, if this is the start of Total Kiwi Death, I guess I can live with that. It's not an ideal situation, but I'd rather have Russ be the one that ends the farms than some gross troon.

 

[Useful_Mistake]

but doesn't Russ still have to argue his case to the district court?

He does, yes.

 

[Al from Dadeville]

14 days is plenty of time for the Farms to write Null’s appeal, one word at a time

 

[Blacklight]

14 days is plenty of time for the Farms to write Null’s appeal, one word at a time

Ok I'll start.

Nig-

 

[Merry]

Ok I'll start.

Nig-

-ht

 

[WelperHelper99]

He does, yes.

So, if he actually does it, like, pulls it off, wins if you will, what happens to the Farms? Seriously, what? Does the "copyrighted material" get removed or do they take Josh's house and put him in debtors prison?

 

[Harvey Danger]

Do these idiots think Null owns Google? Did no one bother to learn how Drive works?

Once they do realize what happened: I'm pretty sure links to off-site material were protected as some of the first case law about Internet sites.

 

[DHugo]

>The United States 10th Circuit Court of Appeals has overturned Russell Greer's pro se loss against the Kiwi Farms in court, citing news articles that we somehow caused an Encyclopedia Dramatica admin to shoot up a school.

From a quick look through the document, in the first part the judge just stated what Greer had said about the school shooting, but that didn't play a part in the decision making. He only talks about the copyright parts after this.

This seems normal? Remember when a judge called Melinda Scott (if I remember correctly) a "retarded whore" when stating the claims?

 

[Cronkle]

As if people would stop making fun of him for being a fucking nutjob if kiwi farms didn’t exist

 

[GamerGateSurvivor]

View attachment 5419867

Do these idiots think Null owns Google? Did no one bother to learn how Drive works?

Once they do realize what happened: I'm pretty sure links to off-site material were protected as some of the first case law about Internet sites.

IIRC, Null specifically told Shitlips to send a DMCA to Google and they'd take it down without question.

 

[Sexy Senior Citizen]

Do these idiots think Null owns Google? Did no one bother to learn how Drive works?

I think (and I'm not a legal expert and I barely understand the document, so take this with some salt) they're throwing Russell a lifeline and hinting that he should go after Null for contributory copyright infringement. Basically, they're saying "Look, we know your work isn't hosted on Kiwi Farms, but they're posting the link to the Google Drive where it's hosted. Because Null refuses to remove the link to the Google drive, you can go after him for that instead."

I genuinely think this is just a sympathy ruling and Russ's case won't survive the lower courts.

IIRC, Null specifically told Shitlips to send a DMCA to Google and they'd take it down without question.

He did. But Russ doesn't care about copyright; he wants to punish Null for not taking down the thread when Russell asked.

 

[Kermit Jizz]

View attachment 5419586

Anyway, here's where the Appeals court disagreed with the district court,
View attachment 5419599
I'm not sure this reasoning would survive without "drawing all reasonable inference in Mr. Greer's favor".

Am I interpreting this correctly: Because Null more or less said "lol get fuckt retard" that somehow impacts the legality of the situation?

 

[Nobunaga]

Null has 14 days to file motion for reconsideration. If not, this is fully in the district court now:
View attachment 5419625
View attachment 5419626

https://www.ca10.uscourts.gov/sites/ca10/files/clerk/2023FRAPandLocalRulesForm4.pdf

The Judges are a Mississippi Obama-appointy, another Obama-appointy from Kansas, and a Moscovite (citizen of Mother Russia) appointed by Biden

Drumpft truly was the farms greatest ally at the end of the day despite null throwing a tantrum.

 

[Useful_Mistake]

So, if he actually does it, like, pulls it off, wins if you will, what happens to the Farms? Seriously, what? Does the "copyrighted material" get removed or do they take Josh's house and put him in debtors prison?

Copyrighted material gets removed, and Null pays as much damages as Russ can prove. However, Russ pulled a smart move and requested statutory damages and waived his actual damages. That means Null is liable for 300k (if Russ can prove that Null willfully infringed)

https://www.law.cornell.edu/uscode/text/17/504

I think (and I'm not a legal expert and I barely understand the document, so take this with some salt) they're throwing Russell a lifeline and hinting that he should go after Null for contributory copyright infringement.

WHAT THE ACTUAL FUCK DO YOU THINK RUSS SUED FOR? It's even mentioned in their summary.