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

[mindlessobserver]

I just hope the court sees through all the noise to the actual issue here. A very simple procedural error at the start and another by the court. The wrong party was served the notice, and no affirmative defenses (like safe harbor and fair use) were raised because the case hadn't actually gotten to a defense answer yet. Telling Greer to "sue me then" doesn't waive your defense options, and it's a ridiculous assertion for his lawyers to try and argue that.

Null may be a meanie poopie head to Greer, but that's not what Greer is suing him for.

 

[Your Starter for 10]

DID NOT COMPLY WITH DMCA

I'm hoping against hope that Greer puts out a YMCA 'parody' based on this. I'd write the lyrics, but I'm getting cringe-pains just thinking about it (which, honestly, makes it more likely to happen). I'm pretty sure it would convince any judge to lean in his favor, especially if he performed it live in court.

 

[Useful_Mistake]

So, anyone wants to bet when the response from the court will happen?

 

[WhiteNight]

So, anyone wants to bet when the response from the court will happen?

Start a poll.

 

[mindlessobserver]

I give it a week. The court already has its mind made up and is unusually responsive.

That's for the response on whether they will hear it or not. The fact they are even doing all this means they pretty much intend too and the only reason they won't would be that Greer's pleading was incredibly persuasive. Which it was not.

So if they they do intend a review, they are gonna want to say so quickly if only to get that little yellow flag on westlaw attached to the panel decision before other attorneys in the 10th circuit start citing it and creating a mess.

After that they can take however long they want to think about it. So this will still drag on as is usual for the court of chancery.

 

[TheClappening]

Null may be a meanie poopie head to Greer, but that's not what Greer is suing him for.

Well, he is, it's just that the copyright shit is the vehicle to get back at Null since being a meanie head isn't actionable.

 

[AnOminous]

I give it a week. The court already has its mind made up and is unusually responsive.

That sounds about right to me. If not, something in that general range. We're not going to be waiting months.

Now once they do, the briefing schedule may be pretty far out but I think we'll know very soon whether we're getting a rehearing or just going back to the trial court which could conceivably find alternate grounds for dismissing it again.

 

[Clovis]

Its horribly ironic that they're going after Null for contributory infringement by drawing attention to the link and externally hosted file of his book, in Null's DMCA post, as if that caused Greer discernable harm.
Its just the classic Greer grandiosity- the idea that his copyrighted book has any intellectual or commercial value. Sure its copyrighted, but in reality no one who was ever going to see the link here on the farms was ever going to pay for his brain-dribblings anyway. Of all the uses of copyright, it comes down to protecting a perfect example of an obscure lolcow product, of interest to no one but us "mentally ill trolls".
He 's attacking his one faithful audience.

 

[jerkstore]

i just want to say, in this thanksgiving season, that i am thankful Russell has barely competent representation, and that Null has recently gotten very competent representation.

 

[Apteryx Owenii]

Don't really have much time to read the response right now but will tonight. Just my brief skim though, it seems to me Russes lawyers spent alot of time talking about how important the DMCA is to limiting litigation, but no time addressing the issue that Russ should have sent the DMCA take down to Google instead of too Kiwifarms

they continue to argue that the link for the book itself should have been taken down, but they also reference that the song was hosted directly, not via a google drive (so it would require the DMCA to KF)

 

[mindlessobserver]

Yeah, but part of a proper DMCA notice is a direct link to the infringing content. Which makes the picture of the post with the PDF attachment spurious. Greer never cited that post on his DMCA, which means the contents of that post are not at issue here.

The salami slice here is a burden shifting. In the current legal framework, websites do not need to be proactive in their handling on copyright infringement. It's not their job to police content for copyright infringement. It's the burden of the copyright holder to defend their own copyright.

Greers lawyers are arguing the opposite. That actually its Nulls job to protect their copyright, and his failure to do so makes the site liable.

 

[Apteryx Owenii]

Yeah, but part of a proper DMCA notice is a direct link to the infringing content. Which makes the picture of the post with the PDF attachment spurious. Greer never cited that post on his DMCA, which means the contents of that post are not at issue here.

The salami slice here is a burden shifting. In the current legal framework, websites do not need to be proactive in their handling on copyright infringement. It's not their job to police content for copyright infringement. It's the burden of the copyright holder to defend their own copyright.

Greers lawyers are arguing the opposite. That actually its Nulls job to protect their copyright, and his failure to do so makes the site liable.

Are we talking about the same DMCA takedown? I know he had several he tried. Here, he links to a specific post (introduced in his original complaint as Exhibit S) that allegedly had the mp3. I do not think that post exists, anymore.

 

[TheOtherSideofMakeBelieve]

If I'm not mistaken the (attempted) DMCA in question basically boiled down to "Take my songs down, it's not my job to give you links" which is basically the opposite of how a DMCA takedown is supposed to work. They might have found the link themselves for this appeal but there hadn't been a proper DMCA prior to the suit being filed which is why that claim was initially dismissed. There wasn't a fair use question, Russ just flat-out didn't file the paperwork properly

 

[Apteryx Owenii]

If I'm not mistaken the (attempted) DMCA in question basically boiled down to "Take my songs down, it's not my job to give you links" which is basically the opposite of how a DMCA takedown is supposed to work. They might have found the link themselves for this appeal but there hadn't been a proper DMCA prior to the suit being filed which is why that claim was initially dismissed. There wasn't a fair use question, Russ just flat-out didn't file the paperwork properly

https://kiwifarms.st/threads/2019-0...nt-hopefully-its-been-worth-the-weight.55862/

"Your first link is to a post containing a reference to a file hosted on Google Drive, so I'm not sure why you're complaining to me about this and not to Google...

Your second link is to a song which is unarguably your copyright. I will not be removing it because I believe in good faith it is fair use. In this specific instance, I will waive whatever safe harbor protections I have and personally burden liability for posting it." (emphasis mine)

 

[AnOminous]

they continue to argue that the link for the book itself should have been taken down, but they also reference that the song was hosted directly, not via a google drive (so it would require the DMCA to KF)

They're scummy IP lawyers. This is what scummy IP lawyers do. They lie and try to confuse the issue.

 

[Thomas Talus]

That sounds about right to me. If not, something in that general range. We're not going to be waiting months.

OTOH, we're getting into the part of the year where the local circuit courts have sent out their "get your proposed judgments for domestic relations cases in NOW, or else they won't be ready before the end of the year" emails, due to the holiday season. This isn't the best time of year for speedy turn-arounds, although maybe it's different in FedLand.

 

[A_right_horrorshow]

So even after benevolently giving them extra time to file, It still reads like they're flinging shit at the wall like retarded chimps and hoping something sticks.
Meanwhile they're charging Russ by the hour and probably blowing smoke up his arse that "Don't worry, I know this all seems expensive now but in the long run we'll net you double or even triple what you're paying us to fight this flagrant and unforgivable violation of your immensely valuable intellectual property from the meany (lower case I) internet trolls, it's just going to take us a little more time than we initially planned (Mmmm those sweet, sweet billable hours)"

 

[Useful_Mistake]

Meanwhile they're charging Russ by the hour and probably blowing smoke up his arse that "Don't worry, I know this all seems expensive now

Mmmm those sweet, sweet billable hours)"

Kill yourself or read the OP. Whichever you prefer.

 

[AnOminous]

Meanwhile they're charging Russ by the hour and probably blowing smoke up his arse that "Don't worry, I know this all seems expensive now but in the long run we'll net you double or even triple what you're paying us to fight this flagrant and unforgivable violation of your immensely valuable intellectual property from the meany (lower case I) internet trolls, it's just going to take us a little more time than we initially planned (Mmmm those sweet, sweet billable hours)"

Dude they're pro bono. You're out of your mind if you seriously think Russ can afford even bottom of the barrel IP lawyers in a federal circuit court appeal.

 

[mindlessobserver]

True paragon Greers lawyers are too, taking his case for free. Out of the goodness of their hearts. When you think of fearless lawyers out to defend the little guy and seek justice, the first ones that come to mind are IP and Copyright attorneys. When they heard about how poor Greer was being victimized by the dastardly Null, they were moved, nay, COMPELLED to do something! To stick up for the little guy who just wanted to take Taylor Swift on a date to Olive Garden.

Even amongst a profession know for its levels of ethics and purity, this bunch truly stand out as exemplary. Shining stars in the firmament of legal justice warriors.