Trolling Web Forum Takes Copyright Feud To High Court
An online forum notorious for supporting harassment is going to the U.S. Supreme Court with an argument that at least one court is wrong about what constitutes a notice of infringement, in efforts to shake off a copyright lawsuit from a self-published writer.
In a high court petition that was docketed Monday, longtime blogger and Kiwi Farms founder Joshua Moon is taking issue with the finding that "notice equals knowledge" after he lost a ruling last October at the Tenth Circuit.
The ruling forced Moon to continue fighting a suit from Russell Greer, a writer who got on Moon's radar with his self-published 175-page book titled "Why I Sued Taylor Swift: and How I Became Falsely Known as Frivolous, Litigious and Crazy."
Greer's book had "attracted critical attention from some of the users at Kiwi Farms," Moon's petition said.
Soon users of the site were posting both copies of Greer's book and links to some of his songs, with the Tenth Circuit saying "a Kiwi Farms user under the name 'Russtard' encouraged its dissemination on the site 'so no one else accidentally gives Russell [Greer] money.'"
Moon's petition also made no bones about his own actions. At one point, he said "the overall nature of his website" is focused "on hyperbolic mockery and criticism."
Moon would later rebuff Digital Millennium Copyright Act takedown requests from Greer by posting the notices to his website, alongside Greer's address, and said he "mocked Greer's attempt to silence his critics by way of the takedown notice." Greer then sued.
The Tenth Circuit sided with Greer, pointing to allegations from Greer that Moon and his website's users "have been implicated in three suicides, a school shooting in New Mexico, and a clash with New Zealand authorities over information about terrorist attacks at mosques in Christchurch" and concluded that Moon "encouraged, and materially contributed" to the instances of copyright infringement alleged by Greer.
"In sum, the appellate court held that 'notice equals knowledge,'" said Moon's petition, which urged the high court to take up the dispute to clarify whether the receipt of a notice did, indeed, equal that.
He argued it would be bad news for the independent spirit of the internet if the justices allowed this ruling from the appeals court to hold up.
"The Tenth Circuit's decision thus expands the monopolistic power of both copyright holders and large [internet service providers] more capable of shouldering the resultingly higher compliance costs — it does so at the expense of fair use and free speech," he said.
"This court should clarify ... that both posting takedown notices and literary criticism are protected free speech," he said.
Representatives for Greer and Moon did not return requests for comment.
Moon is represented by Matthew Hardin of Hardin Law PLLC and Greg Skordas of Skordas & Caston LLC.
Counsel information for Greer was not available Tuesday. At the Tenth Circuit, he was represented by Andrew Grimm and Gregory William Keenan of the Digital Justice Foundation.
The case Moon et al. v. Greer, case number 23-958, in the Supreme Court of the United States.
--Additional reporting by Kelly Lienhard. Editing by Andrew Cohen.