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

[Terrifik]

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.

* they waved the fair use of that "People are discussing my book".

*Charge null with Copyright because of a link to Google Drive - ( its Google Drive a Google issue which gets done in about a day to a week for Google request)(person receives IP or Account ban for the infringement from Google)

* (null being litigious /lawyer/bureaucrat about takedown request as he has always been)

* Greer got help from a Fair Use "Firm"(Think Tank) on which angle/goal is to cause " copyright material discussion to banned/censored/controlled ".

*Court skipped steps which will be labeled & chalked up to appeal points. (things happening outside of the court's normal process )

 

[Your Starter for 10]

Anticipate a bunch of bullshit continuances and flu that polymorphs into COVID magically.

Why change a strategy that's been working so far.

 

[AnOminous]

Could the original appellate panel try to save face and reverse themselves sua sponte, or is that not a thing?

Yes, but the fact they've requested a response indicates they aren't. And it's time they hand this case off to a less biased part of the tribunal.

 

[trash cat]

Sounds like we're off to the races!

Don't count your kiwi birds before they hatch

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.

Based on the ruling and your pdf response, it's pretty clear if the 10th circuit's ruling is allowed to stand, they can expect a huge influx of jurisdiction shopping copyright troll cases.

Literally any record label or media company will sue web sites which happen to link to copyrighted material. The copyright trolls can either go after deep pockets (ie Twitter, University endowments) for free settlement money, or just use the precedent to shut down fair use completely.

It's a recipe for enormous chilling effect and a ton of bullshit cases from copyright trolls.

I don't think there are any guarantees here, but if they don't grant en banc review and revisit their decision, hilarity will ensue until someone fixes the errors.

I'm sure that's the whole point with why Greer (the guy that sued Taylor Swift for a date) got free appeals representation - the copyright lawyers want to eviscerate fair use and Russell Greer just wants a win.

I do hope they will revisit their decision

 

[General Emílio Médici]

VICTORY SCREECH

 

[Meat Target]

VICTORY SCREECH

Not even kinda. It hasn't even begun.

 

[Useful_Mistake]

Null is currently discussing this as we speak on his livestream

 

[Pee Cola]

They're stuck with him throughout the appeals.

I have mixed feelings about this.

On one hand, I want to see Russhole's lolyers suffer in their jocks. On the other hand, this robs us of the opportunity to see pure unfiltered Russhole lunacy placed before an entire panel of judges.

 

[Cpt. Stud Beefpile]

Based on the ruling and your pdf response, it's pretty clear if the 10th circuit's ruling is allowed to stand, they can expect a huge influx of jurisdiction shopping copyright troll cases.

I don't think there are any guarantees here, but if they don't grant en banc review and revisit their decision, hilarity will ensue until someone fixes the errors.

This is why I am very cautiously optimistic.

All cheap jokes aside, the Supreme Court is not so completely composed of idiots that they can't see the tidal wave of weapons-grade BS this will unleash if allowed to stand, easily going as far as fucking up the national economy (worse) due to the sheer chaos unleashed. Some of them will live to catch heat for allowing that to happen in the first place, if not also have to undo the mess they made.

 

[Otis Mallebrok]

Crossing fingers for the en banc review.

 

[Kosher Salt]

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.

When I read the part of the order about waiving fair use as an affirmative defense, I assumed (perhaps naively) that they only meant it had been waived for the purpose of that appeal. If the effect was that the circuit court was saying that the affirmative defense had been waived for the entirety of the remaining trial court case, that would be insane, with seriously bad results for this case, entirely aside from the effects of the precedent that could potentially set for other cases.

I think that alone should be sufficient reason for the appellate court to grant en banc review.

 

[mindlessobserver]

Hardin is an amazing attorney. His brief is an absolute masterwork of explaining complex issues in an easily understood way. He managed to explain file sharing web services in two sentences ffs. Then in the next sentence explained how a discussion forum cannot be one.

 

[jerkstore]

yanno, a lot of us, myself included, held skordas in high regard just because he gave greer the smackdown so many times… but looking back, he didn’t really have to DO anything in the taylor swift case or ariana grande case, because russ represented himself. he didn’t even really have to do anything in the erika case because russ’s behavior was so abhorrent and well-documented. after reading the argument, i am so happy hardin is on this after (imho) skordas was in way over his head for the appeal. he even bungled it in spite of russ’s wet toilet paper attourneys. skordas was never that good, he was just russ’s mortal enemy for being an actual attourney, and that was good enough for some of us (again, me included).

 

[mindlessobserver]

yanno, a lot of us, myself included, held skordas in high regard just because he gave greer the smackdown so many times… but looking back, he didn’t really have to DO anything in the taylor swift case or ariana grande case, because russ represented himself. he didn’t even really have to do anything in the erika case because russ’s behavior was so abhorrent and well-documented. after reading the argument, i am so happy hardin is on this after (imho) skordas was in way over his head for the appeal. he even bungled it in spite of russ’s wet toilet paper attourneys. skordas was never that good, he was just russ’s mortal enemy for being an actual attourney, and that was good enough for some of us (again, me included).

I remember listening to Skordas' oral arguments and being really underwhelmed. I chalked it up to the fact that he had airplane travel issues.

 

[Useful_Mistake]

Stewart B. Harman and Matthew Hardin joined Null on the district case. Harman is seemingly there to sponsor Hardin.

 

[Rinascere]

Stewart B. Harman and Matthew Hardin joined Null on the district case. Harman is seemingly there to sponsor Hardin.
View attachment 5465724

It's incredible that Gimpy can even create a filing that doesn't get immediately pushed through a shredder, considering he does shit like "here's an extremely poor photo of a receipt that might be for what I say it is" instead of using the absolute tech wizardry that is scanning it into a computer.

 

[Mr. Manchester]

I don't know much about law stuff, but I remember back during the Malanda Scott days that Null said something on stream about him finding some white trash asshole to wear a gopro on his head to collect legal fees/damages out of someone's house. Never seemed all that likely to me, but it'd be really funny if it happened to Greer.

 

[RussianParasite]

Never seemed all that likely to me, but it'd be really funny if it happened to Greer.

Yeah he was going to offer that job to Ethan Ralph which would be such a hilarious choice. It would be the only time in my life I would root for Ralph.

 

[Mr. Manchester]

Yeah he was going to offer that job to Ethan Ralph which would be such a hilarious choice. It would be the only time in my life I would root for Ralph.

They're kind of getting along now too. Handing Ralph the authority to go and take a bunch of shit out of someone's house would be hilarious. Imagine Ralph with any modicum of actual power, lol.

 

[DumbDude43]

They're kind of getting along now too. Handing Ralph the authority to go and take a bunch of shit out of someone's house would be hilarious. Imagine Ralph with any modicum of actual power, lol.

how tall is greer? him getting his keytar confiscated by the ralphamanlet would be very funny