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

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If you were Taylor Swift, whom would you rather date?

  • Russell Greer

    Votes: 117 4.5%
  • Travis Kelce

    Votes: 138 5.3%
  • Null

    Votes: 1,448 55.8%
  • Kanye West

    Votes: 283 10.9%
  • Ariana Grande

    Votes: 607 23.4%

  • Total voters
    2,593
Yeah, looks like a decision is out. I just searched and says Oct 16, 2023. Here is the PDF for those that want to review and comment. I am not at my reg comp so can't extract pages as images. I have NOT read it, literally downloaded and upping it here. Tagging @Null so he is aware.
I can't say this bullshit comes as any surprise tbh, the fucking 10th Circuit is by all accounts comprised of woke faggot Democrat tools either Obama or Biden (so Obama) appointees put their to try to legitimize ideological faggotry.
 
Russell is not going to win unless Null's lawyer literally does not show up to court. Russell himself accidentally admitted the infringing content isn't even hosted here.
He's now claiming contributory copyright infringement. Because Null refuses to delete the link to the infringing content, Russell is saying Null is contributing to copyright infringement and is thus liable. As smarter people than me have said, Null doesn't meet the criteria for either passive or active contributory copyright infringement, and a proper legal argument will get this case ruled in Null's favor again.

It'll be funny if Russ gets BTFO'd by the same judge as before.
 
For Rusty, the main issue is that he probably hasn't done anything paralegal related for quite a while. Or at the very least, they simply had him help the male paralegals.
And I doubt he has any recommendations from any of the places he actually did work, because he was fired for misconduct or creeping from every one.
 
There’s what a person wants and then what a court will entertain+enforce. This is just a battle in the war sure. But in this specific instance if there isn’t a settlement and it’s ruled not fair use (which it absolutely should be based on criticism alone, but who knows with the rot in society now), it’s gonna be one of those legal “math” things of “he would have sold two of them so ok Null you owe $50”
He's seeking statutory damages so the minimum on that is $750 per infringement. Often fees shift but there were none at the trial court level. Possibly the appellate shysters could seek their fees if he ultimately wins.
 
They declined to address the only legal issue that was really interesting in a footnote.

"12 The parties debate the meaning and applicability of the Ninth Circuit’s test for contributory infringement, as expressed in Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146 (9th Cir. 2007) and A&M Records v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001). Mr. Greer argues the district court erred in refusing to follow persuasive authority from a sister circuit and expressly urges this court to adopt the Perfect 10/Napster test. Appellant Br. at 32–34. Because we conclude the issue is resolved under controlling precedent in this circuit—including Grokster and Diversey—we express no view of the Ninth Circuit’s contributory infringement framework."

I think that might have been the actual legal issue that interested them.
 
In regards to why they may think google drive means directly here is a lot of people in law and such know nothing of how the internet works. They lack of knowledge about internet things is insane in the genersl population.
And a lot of people are clearly having trouble understanding the filing. As everyone keeps explaining in this thread, the complaint is that Null should have removed the links from KF to Google Drive, where Russell's copyrighted content was hosted. Russell is the main reason I read Kiwi Farms, and him failing at life brings me unspeakable joy, but he's still entitled to basic copyright protections.
 
He's seeking statutory damages so the minimum on that is $750 per infringement.
He's specifically seeking statutory damages for willful infringement which if he fails to prove would bump the minimum down to $200 per infringement.
They declined to address the only legal issue that was really interesting in a footnote.
Technically they did address it by not following the 9th circuit pathway. By the mere action of holding that "merely permitting the infringing material to remain on the website" is insufficient for contributory copyright infringement, they by necessity rejected the 9th circuit version which hold that it is, indeed, sufficient.
As everyone keeps explaining in this thread, the complaint is that Null should have removed the links from KF to Google Drive, where Russell's copyrighted content was hosted.
That's not what the court said.
 
I think Greers lawyers are playing the game of using Kiwifarms infamy to garnish headlines, which does more for their cause than representing a gimpface retard. Fighting for copyright holders doesn't hold a candle to fighting against murderous internet bullies.
More likely trying to find a foothold for similar future cases. Imagine suing reddit because some subreddits have links to file-sharing sites with infringing content. That's how far this could go if they can squeak out a win.
 
Of course some Obama/Biden judges would make this kind of stupid ruling. I just hope that eventually this case ends up being presided by someone with some sense, so that Null and the Kiwi Farms more broadly doesn't have to deal with this shit anymore.
 
He's specifically seeking statutory damages for willful infringement which if he fails to prove would bump the minimum down to $200 per infringement.
Now I could be wrong here, but my understanding is that "per infringement" means per link shared. I'm also making the assumption that the court would take into consideration the asking price for a copy of the book, which is $2.99 as at the time of posting this. (A)

Unless I'm misremembering, there were only around 300 or so downloads of the book, so it's not like he's lost out on millions of sales. On this basis I'll assume the Court - if they rule in Russhole's favor - would impose the minimum penalty per infringement viz. $200.

(yes I'm aware that there's more than one claim, but I'm just focusing on the book as my point stands irrespective of how many infringements there are and I can't be arsed going back through the filings rn)

Actual provable damages (assuming 300 downloads at $2.99) would be around $900.

On one hand, Russhole could try hitting Null up for a settlement. Russ could still claim it as a W even though technically speaking it isn't. However I don't think Russhole wants anything less than TKFD, hence he'll take this back into the Court system as far as he can take it. That, and Null will never give an inch. Not even a thousandth of an inch. Especially not to a gimpy mush-mouthed retard that's cost him thousands of dollars in legal fees.

IMHO the biggest worry is that if Null were to lose, this opens up a massive Pandora's box of potential litigation. Such a decision would be a great big piping hot stream of liquified feces on the tenet of fair use, expelled with such force that some of the splatter may end up hitting Section 230 in the process.

Without wanting to sound like one of those histrionic faggots that's been shitting up the thread since it was featured, this could have ramifications for the entire Internet.

Or maybe I'm just being a histrionic faggot.
 
Without wanting to sound like one of those histrionic faggots that's been shitting up the thread since it was featured, this could have ramifications for the entire Internet.

A copyright troll lawfirm took the case pro Bono. Not hard to figure out the cui Bono in this situation.
 
Now I could be wrong here, but my understanding is that "per infringement" means per link shared. I'm also making the assumption that the court would take into consideration the asking price for a copy of the book, which is $2.99 as at the time of posting this. (A)

Unless I'm misremembering, there were only around 300 or so downloads of the book
If it's per link shared, and we count Null reposting Greer's DMCA as a "share" that'd be one share, not 300. Russ himself contends there are two infringements, and that at the maximum possible statutory relief, he should get 300k.
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On one hand, Russhole could try hitting Null up for a settlement
They tried while it was in appeals. Neither party was willing to settle, IIRC.
 
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