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

[AnOminous]

Here's a potentially dumb question, but, what's to prevent the SC clerks from just manipulating what ends up in front of the justices either for personal reasons or for the benefit of other actors?

There isn't. In fact it's almost the job of the cert pool clerks. They filter this shit. Presumably they share the biases of their employing Justices, and are going to execute their judgment in the way they think their Justice would. As a diligent law clerk, you are effectively acting as the alter ego of your judge. You are not going to try to trick them, but act as you think they would in the same situation.

Reading through this thread, people seem to be correctly stating that the Supreme Court takes 1% of all cases submitted to them. However, I've also seen it said that a lot of the cases that get to them are last ditch criminal appeals by retards stuck in jail with too much time on their hands.

The 1% stat is for represented petitions. It excludes the pro se shit that is almost 100% ignored.

 

[Overly Serious]

Even if he goes down in flames, he will have made his bones. Will be able to say he fully briefed and argued a Supreme Court case. Considering he stuck his neck out for you even during drop kiwi farms, bro deserves the honor of carrying the flag if he wants it IMO.

The way I see it, it's like in My Cousin Vinny where Mitchell Whitfield's character decides Vinny isn't a proper lawyer go with the public defender, only to find that the public defender is terrible and Vinny turns out to be great.

You always gotta be loyal to those who stuck by you.

 

[AnOminous]

The way I see it, it's like in My Cousin Vinny where Mitchell Whitfield's character decides Vinny isn't a proper lawyer go with the public defender, only to find that the public defender is terrible and Vinny turns out to be great.

Fun fact: My Cousin Vinny is one of the most accurate portrayals of actual legal practice in film. I had scenes from it played in at least three classes.

 

[Elysian]

If Question 3 is not addressed by the SC and deemed that the 10th circuit decision stands, the implication is vast for a swath of tech companies. I mean, this would mean any link given would have to seek permission for posting, and if no such permission was ever sought or granted thereafter, the default position of the decision made conclusively benefits the owner of the copyright's materials to be capable of having it struck down.

So how does a company like twitter operate in an environment like this?

I can’t believe there’s a chance that hyperlinks on the internet might become illegal around the same time Reddit does it’s IPO.

Lol, lmao even.

 

[RodgerDodger]

Reading through this thread, people seem to be correctly stating that the Supreme Court takes 1% of all cases submitted to them. However, I've also seen it said that a lot of the cases that get to them are last ditch criminal appeals by retards stuck in jail with too much time on their hands.

Is there anywhere you can see a list of the cases submitted to the supreme court? I'm curious how many fall under 'criminal with no case but that has nothing but spare time'. Wondering if Josh's actual chances aren't more like 5-10% after you filter all of that shit out.

Josh's case has the 10th Circuit tossing out established SCOTUS Precident, and putting the Court eullings of the Circuits in conflict such that Federal Copyright Law now depends on which state you are standing in. So it's a fuckup with wide reaching legal and economic consequences.

That increases the chances that they might take it up by a significant degree. It's not an "I was wrongfully convicted <insert novel theory of law>" case. But SCOTUS might not choose this case to correct the fuckup by the 10th. Lets never forget that everybody hates us.

Josh's chances of the Supremes picking it up may rise as high as 5%. But never more than that.

And even if they do take it up. Its not a slam dunk. Most of the members of the court are like medieval cloistered monks, or the Amish trying to understand an automobile engine. Just yesterday Ketanji Brown Jackson was displaying a staggering incomprehention regarding the 200 year old technology of guns. While being expected to rule on a highly technical and specific firearms 2nd amendment issue. As near as I can tell she thinks guns are like Harry Potter Wands. And your fingers and thumb are by extension part of the gun and may be regulated by the ATF without legislation. She really is that fucking stupid.

How do you think she'll rule regarding a website that has "Nigger" on every page? (Granted she will probably be conflicted when she sees all the antisemitism)

 

[mindlessobserver]

The way I see it, it's like in My Cousin Vinny where Mitchell Whitfield's character decides Vinny isn't a proper lawyer go with the public defender, only to find that the public defender is terrible and Vinny turns out to be great.

You always gotta be loyal to those who stuck by you.

And this is the thing. Any high powered lawyer brought in in the extremely unlikely event this is actually argued will have come in cold, and may hold personal animus to the forum but is willing to represent it for prestige purposes. Which would translate into a best case scenario of a bland and passionless argument for why the Tenth Circuit shit the bed. Worst case scenario they half ass it deliberately just to fuck us. Hardin by contrast has proven to be a ride or die nigga, which means he might not be the smoothest operator, but he is the one who would be the fearless advocate for the forums position. The guy who would pound the podium and remind the Justices that there is more at stake here then some shitty forum that makes fun of retards.

That and by the eternal rules of the Bro Code, Hardin deserves the solid of being able to do what even the best lawyers wet their pants at night as they dream of doing it. Answering questions from the Supreme Court. Never forget during #dropkiwifarms he had literal Journoscum rummaging through his trash and cold calling his clients about us in order to dig up dirt and smear his reputation. Which in the law biz, can be a death sentence. Any lawyer brought in to replace him in the file would be a whore for hire. The Code is absolute. Bro's before Hoe's.

 

[waffle]

The 1% stat is for represented petitions. It excludes the pro se shit that is almost 100% ignored.

That's still grtting dragged down by a lot of public defenders and "public interest firms" filing death penalty and other criminal appeals that are pretty marginal.

This case atleast checks the boxes of the type of case that get writs, and historically the SC has kind of liked edgy parties. It's still a long shot, but I think the chances are much better than the pure mathematical odds would suggest.

 

[Overly Serious]

Fun fact: My Cousin Vinny is one of the most accurate portrayals of actual legal practice in film. I had scenes from it played in at least three classes.

Clearly your professors are as much fans of Marissa Tomei as I am.

 

[kcbbq]

There isn't. In fact it's almost the job of the cert pool clerks. They filter this shit. Presumably they share the biases of their employing Justices, and are going to execute their judgment in the way they think their Justice would. As a diligent law clerk, you are effectively acting as the alter ego of your judge. You are not going to try to trick them, but act as you think they would in the same situation.

The 1% stat is for represented petitions. It excludes the pro se shit that is almost 100% ignored.

I have my own dumb question. For some reason I have it in my head that the Circuit Justice's (I believe it is Gorsuch for the 10th) clerks are where the petition first ends up and they're the first big hurdle. Am I remotely correct with that? Or do petitions start with all nine?

 

[mindlessobserver]

I have my own dumb question. For some reason I have it in my head that the Circuit Justice's (I believe it is Gorsuch for the 10th) clerks are where the petition first ends up and they're the first big hurdle. Am I remotely correct with that? Or do petitions start with all nine?

I think any of the justices clerks can read the file. The actual brief would be written by one of Gorsuch's clerks since Gorsuch supervises the 10th circuit. As for whether the case gets heard, nobody actually knows how its decided beyond that all 9 judges meet in a smoke filled room and do a show of hands on every petition. If 4 hands go up, the case is docketed. If this sounds somewhat mystical, it is that way by design. The Supreme Court stands on ceremony above all, conducts their hearings in a temple where they get to sit behind the Altar, and force supplicants to engage in ridiculous ceremonies as a part of the process. They even have a "Call to Prayer" before beginning oral arguments.

 

[Turtle O'Carolan]

Fun fact: My Cousin Vinny is one of the most accurate portrayals of actual legal practice in film. I had scenes from it played in at least three classes.

My Cousin Vinny came in #3 on the ABA's list of Best Lawyer Movies of All Time, after the original Twelve Angry Men and To Kill a Mockingbird.

 

[Odd Opossum]

This is going to eat shit so hard lmao. Do any of you really believe the Supreme Court gives a fuck about any of this?

 

[Null]

This is going to eat shit so hard lmao. Do any of you really believe the Supreme Court gives a fuck about any of this?

no, but they generally care about misapplication of law, since that's their job.

 

[Accept Only Substitutes]

Let's talk about Russ for a bit. He's shitting his gym khakis as it is, faced with competent lawyers who aren't just going to settle like Freemont did.

When he finds out about the SCOTUS appeal his tight little head might just explode. Yeah, he'll get lawyers willing to represent him pro bono, probably the same guys he had before, but man.

He said he wanted to be famous.

 

[AnOminous]

I have my own dumb question. For some reason I have it in my head that the Circuit Justice's (I believe it is Gorsuch for the 10th) clerks are where the petition first ends up and they're the first big hurdle. Am I remotely correct with that? Or do petitions start with all nine?

That's generally for petitions for stays and things that can be granted by a single Justice. For instance, Justice Douglas would always grant stays for any death penalty case that came to him.

Cert petitions generally go to the cert pool (for the Justices who participate) and to the clerks for the Justices who do not participate in the pool. Currently, Alito and Gorsuch do NOT participate in the cert pool.

Let's talk about Russ for a bit. He's shitting his gym khakis as it is, faced with competent lawyers who aren't just going to settle like Freemont did.

Fremantle didn't settle. They not only won but put Greer's entire litigation history into a filing.

 

[Hrothgar]

This is going to eat shit so hard lmao. Do any of you really believe the Supreme Court gives a fuck about any of this?

Do they care about a lower court directly contradicting established law? Yeah. The question is will they care about what will be widely screeched as the cyberbully troll terrorist site that runs tranny death camps, or will they wait until one of the "good" ones gets impacted?

 

[ObeseScreamingBlackMan]

What I would pay to see old drooling Russ in the SCOTUS chambers.

 

[AnOminous]

Do they care about a lower court directly contradicting established law? Yeah. The question is will they care about what will be widely screeched as the cyberbully troll terrorist site that runs tranny death camps, or will they wait until one of the "good" ones gets impacted?

Anderson v. Liberty Lobby is one of the leading cases involving First Amendment law and literally involves Willis Carto, the most notorious neo-Nazi of his time. Of course, they decided against him.

 

[Bookwork]

This place is worth spending money on. I should do more of this and soon.

 

[Debbie Macomber]

In my legally ignorant opinion, the strongest argument is that posting the DMCA notice can't and shouldn't have constituted contributory copyright infringement, as @Useful_Mistake says, because the DMCA can have only been sent after the initial copyright infringement, so Null could only have contributed to it via time travel!

But the petition takes too long to get there at the end. It spends dozens of pages saying "Knowledge, knowledge knowledge knowledge. What is knowledge? Is this knowledge? We just don't have the knowledge to acknowledge knowledge knowledge knowledge knulage nulige nulge nulge nulge"

Just from a layman's perspective, it seems a very flimsy technically to say "But does knowing about something equal KNOWLEDGE OF IT!" Much less important enough for it to take up the first several dozen pages, which the clerk will only read 3 of before deciding to pass it on or not.

But maybe in legalese "does knowing equate knowledge?" is a super important question to judges and will pique their interest right away! I don't have that knowledge