It's obviously up to nool at this point but I'd be really tempted to say fuck it and just go for it, not because of any likelihood of success but just because. Because just fuck the world, that's why.
While it would be fun and I would even be willing to buy a branded kiwi silver sheckle to help.
If he's planning to go the SC route, it's literally the ONLY way it will get heard. By raising enough stink that the big boys' lawyers contact their SC clerk friends to overturn this.
And now in the Tenth Circuit, you have to raise affirmative defenses in a motion to dismiss even though that's expressly forbidden, and affirmative defenses require evidence, which you don't have prior to discovery, and which if you do have, instantly converts what you wanted to be a motion to dismiss into a Rule 56 motion for summary judgment.
which they do if he asks nicely even tell the person who made the Google account & IP address so that you can sue them. (Nintendo vs ROM Sites)
Confused as to where the case is at the district court level. Is it like a mistrial where the process starts over or will it start from the point as if the motion to dismiss was denied? Could fair use still be raised as a defense or as part of a new motion to dismiss now that the appellate court seems to have stated it is properly improper to bring that as a defense at this point in the case?
I literally did on the last page. This means that either Null appeals this to the Supreme Court of the United States, or this goes to trial on the district level. It doesn't necessarily mean that Null is due to lose, but this will enter an expensive and a more difficult stage. On the plus side, Russ' lawyers should withdraw now (per my belief), so there's that.
I am a retard but I believe it would continue in the court. They would have to do the whole discovery thing and it would be very expensive. I think Null was trying to get it thrown out before trial because Russ appealed his previously denied pro se case and won the appeal.
Null did get it thrown out before trial, and Russ appealed that dismissal, not any other case.
i really, REALLY hope you are correct in that russ’s pro bro bono fuckwits will consider this a victory and bail while the bailing is good.
I do not believe they do district cases, and I do not believe their agreement extended past the appeal itself. That said, we should see if that is true in the comings days, as they should be required to file notice of appearance on the lower court if they intend to continue to represent him.
No we just go back to the court that already ruled in the site's favor, and then maybe we win, maybe we lose, maybe we go back and appeal to the Dumbest Retard Copyright Idiot Failure Circuit Court in the Entire Universe. Congratulations on being even dumber than the Ninth Circuit you idiot fucking faggot Tenth Circuit faggots!
So it's not so grim? He's just gotta do the trial again and maybe win, maybe lose? For a bit I thought that paper Jewsh posted meant we lost and the judge was going to rule in favor of Greer. Thanks for breaking it down in terms a nigger can understand.
There never was trial. This too, was just explained. This was dismissed before trial.
The 10th circuit did rule in Greer's favor overturning a lower court decision that was in Null's favor.
This. Asking the Supreme Court to hear this autism costs next to nothing. The worst that happens is they say no, which means we are right back where we started anyway. If they do agree to hear it, well, that is where it gets expensive. Very expensive.
