Greer v. Moon, No. 20-cv-00647 (D. Utah Sep. 16, 2020)

When will the Judge issue a ruling regarding the Motion to Dismiss?

  • This Month

    Votes: 66 13.8%
  • Next Month

    Votes: 56 11.7%
  • This Year

    Votes: 74 15.4%
  • Next Year

    Votes: 165 34.4%
  • Whenever he issues an update to the sanctions

    Votes: 119 24.8%

  • Total voters
    480
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I'm guessing you and Skordas had a falling out / he no longer wished to represent you?
Not gonna speak for Null, but I watched the oral arguments and thought Skordas did a lousy, half-assed job. I'm guessing he's fed up with having to deal with the greasy gimp-faced perv. 5 grand will only get you so far.
 
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The only other en banc situation that made it to the public eye was Deflategate with Tom Brady. And they refused to review en banc (that was the 2nd not the 10th though. Also it was in the before-fore times when the judiciary at least pretended to give a fuck about the rule if law (except the 9th, but every damn circuit is now lime the 9th was then)).

But in any case, in addition to the normal boons that would come about should they review it en banc, I think Null would also be entitled to at least 2 of Brady's Supet Bowl rings.
 
I guess I am uneducated swine, because I had never heard of "en banc" before in my life.
Here's a definition for those in the same boat:
French for "on the bench," refers to the practice where all of the judges of an appellate court sit to hear an argument. En banc review of an appeal is usually reserved for exceptionally important cases or to reconsider a decision made by a panel of the same court. Parties typically may request (but have no absolute right to) en banc review.
 
I guess I am uneducated swine, because I had never heard of "en banc" before in my life.
It just means you're a normal person who doesn't delve into legal autism. Well, you're on Kiwifarms, so "normal" is relative.

En Banc is what you go for if you think you got a bad roll with the panel of judges, either they're too retarded or ideologues, and you think the rest of judges will side with you.
 
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Either SCOTUS, or give up on appeals and try and salvage it on the District level. The district judge did seem convinced the law was on our side.
Seriously if we don't get review on this, copyright trolls are going to start fishing for any reason to take something to the Tenth Circuit. I hate to say it, but even the Ninth Circuit which incessantly slobbers Hollywood's balls will be a better place for a defendant until this embarrassing mess gets fixed.
 
Russell Greer was ordered to respond to Null's request
That's actually a good development and I think raises the chances of an actual rehearing significantly. Of course, considering the usual percentage is 3%, curb your enthusiasm until it happens.
They're stuck with him throughout the appeals.
They could only withdraw for cause at this point, since Greer has relied on them to get to this point. Pro bono or not, they can't just cause him to have a reasonable expectation of continued representation at the appellate level and then just leave him in the lurch.

Anticipate a bunch of bullshit continuances and flu that polymorphs into COVID magically.
 
That's actually a good development and I think raises the chances of an actual rehearing significantly. Of course, considering the usual percentage is 3%, curb your enthusiasm until it happens.

They could only withdraw for cause at this point, since Greer has relied on them to get to this point. Pro bono or not, they can't just cause him to have a reasonable expectation of continued representation at the appellate level and then just leave him in the lurch.

Anticipate a bunch of bullshit continuances and flu that polymorphs into COVID magically.
Or devil's advocate it could be a gene issue & gets sick often due to genetics I will him a slight break.

Hope for the best for this Fair Use Case.
 
That's actually a good development and I think raises the chances of an actual rehearing significantly. Of course, considering the usual percentage is 3%, curb your enthusiasm until it happens.
The time between filing and response was 17 hours, which I'm told is extremely rare. My gut feeling (as a total retard) is they anticipated the en banc review and had already decided they made a mistake.
 
Or devil's advocate it could be a gene issue & gets sick often due to genetics I will him a slight break.

Hope for the best for this Fair Use Case.
It's not a fair use case, even though the court gratuitously turned normal pleading requirements on their head to claim the defense had been somehow waived before an answer had even been filed. It's not entirely egregious that even a federal appeals court might get the arcana of various types of vicarious infringement wrong, but absolutely getting waiver wrong is just incompetent if not outright malicious, which seems to be the case considering the court's also gratuitous insertion of nonsensical and scandalous claims not even in evidence in their opinion.
The time between filing and response was 17 hours, which I'm told is extremely rare. My gut feeling (as a total retard) is they anticipated the en banc review and had already decided they made a mistake.
It didn't help that the context of these two blunders is an opinion full of the sort of baseless invective against a party that you usually see in pro se pleadings from lunatics and imbeciles.
 
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The time between filing and response was 17 hours, which I'm told is extremely rare. My gut feeling (as a total retard) is they anticipated the en banc review and had already decided they made a mistake.
there was this article that some law professor wrote about the case where he says "yeah kiwifarms bad, but this decision goes against 20 years of copyright law, shit's wild yo"
maybe some of the other judges on the court read that article and agreed with it
 
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Could the original appellate panel try to save face and reverse themselves sua sponte, or is that not a thing?
 
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