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: 67 14.4%
  • Next Month

    Votes: 56 12.1%
  • This Year

    Votes: 73 15.7%
  • Next Year

    Votes: 155 33.4%
  • Whenever he issues an update to the sanctions

    Votes: 113 24.4%

  • Total voters
    464
Given this petition shows up right after the legal fund I'm guessing it was not done for free. While the odds of certiorari are only 1% or so, SCOTUS also reverses and remands, without hearing arguments, a bit more than that, as per https://ballotpedia.org/SCOTUS_case_reversal_rates_(2007_-_Present) . So I'd put the odds of them doing anything at all at 2.3%, including "bad" outcomes like sentencing Null to death for "hate", though I refuse to believe SCOTUS will affirm this ruling rather than just ignoring it.

Something I've learned from the troons targeting this site is that if you want to win, you don't just attack on the most promising front, you attack on as many fronts as possible constantly, probing for a weak spot you can exploit. The same applies to Null. The cost of this petition was the lawyer hours to prepare it plus the $250 fee to file with SCOTUS. Not cheap by any means, but far cheaper than suing someone for libel. Take as many shots as you can and hope you get lucky.

Of course, for that to work, Null needs us all to be good little paypiggies. As long as he can pay, there are all sorts of things lawyers will do at his direction to make life harder for those who have wronged him until he is made whole. Filing a $10k-$20k (my bs estimate) petition for certiorari with maybe a 2.3% chance of working is the sort of bet you have to take if you want to win. Legal merits matter more than partisan bias in American courts, but you have to pay to play, and as we saw with the 10th, sometimes the bias gets you anyway.

I agree with the poster upthread that SCOTUS might pass on this case because they're waiting for a better set of facts, but I think they're going to have to rule on this circuit conflict eventually. Keep in mind that at this point, simply winning the case at district court is probably Null's most cost effective option, and there's a good chance that if this is granted cert, the case will already be over. Null is doing this to fix copyright law, and it's hard to argue it's in his interest to do so, except insofar as it motivates further donations from people who see he's being more principled and effective than the fucking EFF.

That means that the case isn't really about the farms anymore, and there are powerful entities who have aligned interests on both sides of this decision. As such, I think the usual troon bullshit won't have much bearing on whether SCOTUS grants cert or whether big companies file amicus briefs. If this gets cert, I'd give better than even odds that the EFF and many other entities would offer pro bono representation (and I hope Null spits in their fucking face if they do) for exactly the same reason Digital Justice Foundation represented Greer pro-bono despite him being loathesome and despicable -- it serves their paymasters' interests.

Rather, if this gets cert, and especially if Null wins, I suspect the game plan will simply be to memory hole it, and let it become one more boring SCOTUS case you never hear of if you remain pure and safe in the loving embrace of fact checked news. Not sure how effective that will be given the awful ruling already made one law professor literally say oy vey.
 
If Greer were to drop the entire thing right now, would the SCOTUS appeal automatically be dropped as well, or would it still have a chance to continue?
In theory. The Supreme Court functions under a no take backs clause where once you stick your hand into it, you may not be able to pull out even if you want too. Supreme Court questions by nature speak to more broad issues of law and procedure that are relevant even if the case becomes moot.

In this situation, even if Russel gets his case tossed because he fails to do his homework and turn it in on time, the ridiculous 10th circuit decision would still stand and be a bad precedent. The Supreme Court may want to grant cert anyway just to correct that issue.

It doesn't have too though, and the case becoming moot would give them a convenient excuse not to grant cert.
 
Amicus briefs are for after cert has been granted. In the insanely unlikely event that occurs, look for the very retards who have spurned us suddenly lining up with amicus briefs.
That would be an interesting and exciting victory. "KiwiFarms was right", with briefs from many of our worst tech enemies begrudgingly
agreeing with us, cemented in legal records forever. If anything, Null could always hold that fact up proudly, even if it ends up being a phyrric victory in the end.
You just know they will be two faced about.

"Despite the fact the Amici believe the user's of KiwiFarms are sub human scum who should be killed summarily, there is a legal issue in their situation that could inconvenience us, the Good Guys...".
I would expect 1 of 2 things, either radio silence, or the smallest bit of support, with no PR fanfare from them afterwards. Like the ACLU and their begrudging defense of the Westboro Baptist Church, they don't exactly blast it from their press releases every chance they get, although I respect that they kept to their fundamental principles in that case.
If they don’t hear the case; then it’s time to copyright everything on KF that is quoted on any Reddit forum and sue Reddit for copyright infringement. Or even sue google for linking to it. This could go nuts. If they don’t hear this case then they’ll have to hear a cleaner case on it to clarify.
That's an interesting proposal and could make for a helluva legal tactic for any corporation going forward. If this retarded clusterfuck of a lol-suit goes all the way, and through clown world fuckery Greer actually wins and legal precedent is set for copyright violations for merely posting links, then all a company would have to do is a blanket copyright on all of their material, and within an instant the entire internet would be destroyed.
Maybe I'm retarded but, isn't the implication in all of this that all the Kiwi Farms enemies, who are without doubt also lip servicers of the "free (i)nternet" and against big corporations and copyright trolls, would have to choose between begrudgingly supporting Null or admit that they are big fat hypocrytes who are willing to drop all their supposed values just because they do not like the guy who is trying to defend them? How would one conciliate their religious "fuck Null and the Kiwi Farms I hope they lose forever" with "copyright trolls are evil and we must not empower them" without using literal doublethink?
Never underestimate the mental gymnastics of a woke leftist. These are the same "champagne communists" who rail against capitalism and the evil corporations.... while at the same time sperging about it from their iPhones and ordering their entire livelihood from Amazon.
 
If this is something that happens often with a specific clerk, that clerk will have to look for a new job. Do you not think so?
Not really. To quote Justice Douglas, "Law clerks are the lowest form of human life." They are basically indentured servants for their judges, who have nearly full discretion over their employment. I do not believe for a single second that any of Sotomayor's clerks would be fired by her for misrepresenting the legal issues to the detriment of Josh. I'm not saying they'll lie about facts, I'm saying they'll misrepresent reality to bias the ultimate decision. They don't need to convince anyone that KF should lose, just that this case isn't worth the trouble or effort. A smart person can do that pretty easily.
 
Maybe I'm retarded but, isn't the implication in all of this that all the Kiwi Farms enemies, who are without doubt also lip servicers of the "free (i)nternet" and against big corporations and copyright trolls, would have to choose between begrudgingly supporting Null or admit that they are big fat hypocrytes who are willing to drop all their supposed values just because they do not like the guy who is trying to defend them? How would one conciliate their religious "fuck Null and the Kiwi Farms I hope they lose forever" with "copyright trolls are evil and we must not empower them" without using literal doublethink?
That would only be a problem if their opinions were formed by existing values and principles, which they aren't. It's actually the other way around: They form opinions first, and then they try to attach some "values" that will justify said opinions.

All words and terms have flexible meanings depending on who they like or dislike in a given situation. So despite engaging in copyright trolling and being defended by lawyers whose main purpose is to do so, Greer will not be considered a copyright troll because he's against the evil Kiwi Farms.
 
I assume he has a formal tracksuit based on where he lives.
My personal suggestion? Bolo tie, cowboy hat, snakeskin boots.
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What you say is possible of course.
But if they choose to take the case, they are going to know the details and read Josh statement in full.
If what is written in memo does not match with the facts of the case, there is going to be a bad mood.
If this is something that happens often with a specific clerk, that clerk will have to look for a new job. Do you not think so?
Hey, remember when they leaked the statements regarding abortion in an attempt to cause a mass riot / panic amongst the left?
Remember when that clerk got sacked and crucified for doing it?
Me neither.
 
Given this petition shows up right after the legal fund I'm guessing it was not done for free.
Did you read it? Does that look like some shit that was done for free?
If this is something that happens often with a specific clerk, that clerk will have to look for a new job. Do you not think so?
It's not a certain clerk, in general, the cert pool just thumbs up or thumbs down and only if it's thumbs up does the court itself even look at it.
 
To everyone saying that the Court only accepts 1% of the cases submitted, has anyone stopped to calculate how many of the remaining 99% that they reject were submitted by Melinda Scott? If we want a realistic idea of whether Josh's case will be accepted, we ought to remove all of hers from the total first, and then calculate the odds from there.
 
Like 2/5th of the expense was just getting it bound and printed for the Court's rules. It's not cheap to file these.
When I first started you still had to have your briefs printed and bound for the state court of appeals. It was a huge pain in the ass and cost a lot for the materials and binding. I can't imagine doing it for the USSC.
 
Not really. To quote Justice Douglas, "Law clerks are the lowest form of human life." They are basically indentured servants for their judges, who have nearly full discretion over their employment.
Douglas was a fucking faggot and wrote some of the laziest opinions SCOTUS ever issued. Frankly his fucking law clerks probably could have done better.
 
I agree with the poster upthread that SCOTUS might pass on this case because they're waiting for a better set of facts, but I think they're going to have to rule on this circuit conflict eventually. Keep in mind that at this point, simply winning the case at district court is probably Null's most cost effective option, and there's a good chance that if this is granted cert, the case will already be over. Null is doing this to fix copyright law, and it's hard to argue it's in his interest to do so, except insofar as it motivates further donations from people who see he's being more principled and effective than the fucking EFF.
Even if it gets passed on (especially if it gets passed on and not remanded) - this WILL be brought up when it is finally litigated, and it WILL have to be resolved someday, as right now there's contradiction. So the worst case (besides the Supremes taking this and executing Josh and ending free use and speech forever) is it already is forever in the legal record. Thomas especially is known from quoting from "failed attempts" and "past losing arguments that were right" - so even in a "ignore" scenario it does not preclude "Kiwifarms, a website" (why is this not the tagline yet) from being penned into an official judgement.
Like 2/5th of the expense was just getting it bound and printed for the Court's rules. It's not cheap to file these.
Selling bound copies to faggots on a website is probably bad form, eh?
 
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