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

[Dizzyuntildeath]

Not to provide assistance to the retard but research the Quasi case.

Do not listen to this man, nothing bad will come from this course. Only rewards await this current direction, Mr. Greer.

 

[Dr. Henry Armitage]

Not to provide assistance to the retard but research the Quasi case.

Do not listen to this man, nothing bad will come from this course. Only rewards await this current direction, Mr. Greer.

These two posts remind me of these signs

Keep going Russ. Surely you can find and serve two anonymous users who haven’t logged on in years. then you can surely out litigate three lawyers instead of one. 2025 is the year of Greer.

 

[Al from Dadeville]

What happens if he CAN serve them

He should borrow Stebbins’ gimp slave as a process server

I was semi-joking way earlier in the thread when I suggested that Russ might get hit by a bus before the lawsuit ever got to trial but I'm starting to think it's more of a possibility...

I’m not kidding when I say this - I don’t think he’s going to try that “emergency injunction to steal a whorehouse” stuff with the type of person who owns brothels in Nevada too many times before he’s never slurped from again

 

[AnOminous]

That was July?! It doesn't feel that far away, it feels like he filed that a month or two ago. This case is fucking with my perception of time.

This lolsuit is a singularity of Russtardation that bends space and time around it and even turns judges into absolute, utter, spastic retards.

So catching up with everything. Basically Greer says that the documents are easily obtainable from PACER so for some reason that means the he doesn't actually have to get them.

Hardin should generously offer to find all these documents Russhole refuses to produce, so long as Greer pays him at his regular hourly rate for the time he spends doing it.

 

[SCV]

Assuming the amended complaint survives a motion to dismiss (this seems reasonable since the district judge + magistrate seem too afraid of the 10th Circuit to toss the copyright claims) will Null be obligated to help Crusty Rusty unmask the new Doe defendants, and is the case against Null and the Farms paused while attempts to serve the Doe defendants is ongoing?

Not a lawyer here and it seems unfair to proceed against Null when the Doe defendants and their actions might be relevant to his defense.

iirc the null only keeps IP logs for a month. But the account of the one doe hasn't logged on years so even with a "normal" IP retention policy he wouldn't have squat. However I assume the account still has whatever email was used to sign up attached to it so let us hope our dear russtard's opsec was up to snuff and he used a burner email.

Stay noided, chat. You never know when some gimpy faced retard will include you in a frivolous lawsuit and have a commie appellate judge team up with some copyright vampires to help him get you.

Edit:
I don't want to get too specific here but if our dear John Does really have their shit together as I think

Not to provide assistance to the retard but research the Quasi case.

is referencing then lol, lmao. That might be the funniest outcome.

 

[AnOminous]

Not to provide assistance to the retard but research the Quasi case.

As I pointed out well before the sanctions saga started, fucking around in discovery gets you fucked. It's where the rubber hits the road as litigation goes, and fee-shifting is not just discretionary, it's all but mandatory. This court, even in its frenzied efforts to tard guard and act as Greer's counsel, was essentially obligated under the rules to impose some sort of sanction.

Even with such an obligation, they still tard guarded and reduced the sanctions to ludicrous levels, based on literally no reason at all and bereft of even a passing mention of the actual facts of record. "Oh yeah just a grand, quantum meruit, what's that, I've never heard of it. Load Star? What is that, a Homestar Runner character?"

Note, the only judge in this case who wasn't an utter boomer was the actual boomer (tragically retired) Tena Campbell. Every other judge involved in this case, including the Tenth Circuit panelists, has been an abject, pathetic imbecile.

The way this case has gone is an utter travesty. These pinheads should be ashamed of themselves.

Reminds me of the old joke.

What do you call a lawyer with an IQ of 60?
Your Honor.

 

[reptile baht spaniard rid]

What do you call a lawyer with an IQ of 60?
Your Honor.

Upgraded by 10 since I first heard it. DEI is working!

 

[Prokhor Zakharov]

Assuming the amended complaint survives a motion to dismiss (this seems reasonable since the district judge + magistrate seem too afraid of the 10th Circuit to toss the copyright claims) will Null be obligated to help Crusty Rusty unmask the new Doe defendants, and is the case against Null and the Farms paused while attempts to serve the Doe defendants is ongoing?

Not a lawyer here and it seems unfair to proceed against Null when the Doe defendants and their actions might be relevant to his defense.

Well, if the one person hasn't been here in years he has no records to hand over. IPs are only retained for 30 days and even null can't access the e-mail registration records, hence why people that lose access to their e-mail can't ever get back into their accounts.

 

[Welfare Bum]

Spoiler: Anybody know what this is? It showed up on courtlistener late yesterday after the motion to stay.

 

[DavidS877]

Spoiler: Anybody know what this is? It showed up on courtlistener late yesterday after the motion to stay.

View attachment 7014322

Looks like it's just a court listener glitch of 242.

 

[Sexy Senior Citizen]

What do you call a lawyer with an IQ of 60?

Dang, I had guessed Russell Greer.

 

[Dumbledore's Onlyfans]

Well, if the one person hasn't been here in years he has no records to hand over. IPs are only retained for 30 days and even null can't access the e-mail registration records, hence why people that lose access to their e-mail can't ever get back into their accounts.

None of that matters though, because the precedent has already been established many times that Greer must be able to serve the anonymous persons themselves in order to sue or prosecute them. The precedents go back SO far that the cases begin with anonymous handbills handed out on the street, and continue up until current times. I would cite you chapter and verse, but I don't want to give Russ any help (although most of the stuff would just hurt him). The courts even ruled that it was unconstitutional for a plaintiff to subpoena the information directly from an ISP, because it removed the defendants ability to properly object. There's almost a 0% chance that Russ can force these two anonymous posters to testify, nor can he add them to his lawsuit as defendants, nor can he do anything to Null. Not going to happen.


I think folks are confused because people get rounded up for fedposting pretty regularly, but that's an entirely different issue from civil suits. Fedposting violates a number of different laws. Not every statement ever made falls under the umbrella of the 1st Amendment, and fedposting is the type of speech that isn't covered.

 

[Harvey Danger]

Since it's now officially relevant, I've been going over Greer's First Amended Complaint. I forgot how ridiculous the thing was.

Spoiler: The Kiwispiracy

Here's the proof of conspiracy:


"Reply button as legal proof of coordination" is quite the novel stretch, even for the retards at 10th Appeals.



So why isn't he suing everyone in the thread? If the whole of KF is one big Kiwispiracy, surely they can be tagged for damages for their part in it?

I wonder if this was left over from the harassment claims. Greer's basic theory is that everyone who laughs at him is harassing and evil, but those claims got tossed and now he's left with just boring old copyright infringement. If he could weasel those claims back in, I bet he'd match up bad reviews on external sites with similar language in thread posts, and accuse more users of a bigger plot. Instead he's reduced to just the most identifiable names he can plausibly stick with something resembling copyright infringement.

Spoiler: Kiwi Farms IS the damage!

In counts 1 and 2, Greer doesn't do any breakdown of actual damages from contributory infringement. He simply claims "an amount to be determined to be no less than $750, but not greater than $30,000". Then he demands the maximum allowable $150k punitive damages for each copyright, total of $300k, against Josh personally and against Lolcow LLC corporately.


But the actual "harassers" only get $50k each. This number seems pulled out of thin air, at least he cited 17 U.S. 504 (C )(2) for the number against Josh.



Maybe I'm taking words too literally here, but these damage numbers seem out of whack. Russ is alleging $1,826 actual damages. Even allowing his conclusion of "willful infringement", how can that possibly warrant $300k in punitive damages (twice)? How can it be sound legal doctrine to punish the contributory infringer more than the infringing person he supposedly enabled?

I know, Russ is Russtarded, plaintiffs always ask for the max, etc. But I'm curious if the blind squirrel stumbled across a nut, so to speak, and got the logic right here. Or if (more likely) there's some rule, guideline, or custom about which party gets the biggest punishment in cases like this, and Russ just ignored it to make the biggest threat possible against KF itself.

Obviously I could never comprehend the brilliant legal mind of Russell Greer, but I'm left wondering WTF was the point of amending at all. The new claims don't aid the claims against the site itself, at best they're an excuse to shoehorn in "evidence" that he'd need to disclose and present anyway. The cleanup was sloppy, doesn't help the document, and he probably didn't want to do it anyway. He's got to have zero hope of actually recovering damages from anon users. If he does unmask them and forces them into court, he runs the risk of them disclaiming KF's culpability, or strengthening their claims to fair use, or having a judge slap them with damages as scapegoats to let KF off the hook.

Hardin clearly has some ideas, the stay on discovery was a good first move. But as a layman I can't figure out why Greer was so insistent on getting this in.

 

[reptile baht spaniard rid]

But as a layman I can't figure out why Greer was so insistent on getting this in.

Because this amended complaint is the source and summation of his evidance. That’s it. The entirety of his evidence is there.

 

[ShinyStar]

Maybe I'm taking words too literally here, but these damage numbers seem out of whack. Russ is alleging $1,826 actual damages. Even allowing his conclusion of "willful infringement", how can that possibly warrant $300k in punitive damages (twice)? How can it be sound legal doctrine to punish the contributory infringer more than the infringing person he supposedly enabled?

I know, Russ is Russtarded, plaintiffs always ask for the max, etc. But I'm curious if the blind squirrel stumbled across a nut, so to speak, and got the logic right here. Or if (more likely) there's some rule, guideline, or custom about which party gets the biggest punishment in cases like this, and Russ just ignored it to make the biggest threat possible against KF itself.

What I recall from discussions about damages in the Vic case, where there were multiple defendants who contributed to the damages, was that, had Vic prevailed, the defendants would have been jointly and severally liable for the total damages, meaning that they could either pool together to pay the entire damages, or Vic could have gone after one person for the total amount owed. If Vic had collected from one person, then it would have been that one person's job to either convince the others to willingly reimburse them some agreed upon amount, or to sue them for an amount that they believed was fair.

I don't know, however, if a plaintiff has to ask the court to declare defendants jointly and severally liable, or if it's within the rules to divvy up different amounts to each defendant. Either way, I don't see a court awarding several multiples of the maximum allowed damages, just because the plaintiff found multiple people to blame. If three people find your purse and grab a total of $20 out of it, you don't get to go to the court and say you need reimbursed for $60 in damages...

 

[Disgruntled Pupper]

I do hope at some point we get to know how many copies of his book Russtard has actually sold. I'm guessing about twelve.

 

[TurboNAS]

I wonder how long Russ has been sitting on this complaint. He mentions a John Doe #5 in the filing but there’s only two listed in the amended complaint. I wonder if he had a bunch more in mind at first then whittled the number down.

 

[Prokhor Zakharov]

I do hope at some point we get to know how many copies of his book Russtard has actually sold. I'm guessing about twelve.

-12, some people demanded double their money back for the trauma they experienced trying to read it.

 

[Apteryx Owenii]

I wonder how long Russ has been sitting on this complaint. He mentions a John Doe #5 in the filing but there’s only two listed in the amended complaint. I wonder if he had a bunch more in mind at first then whittled the number down.

I can't help but imagine he had a 'hit list' of sorts with all the people who have insulted him the most but maybe realized that hardly anyone has any relevance to the copyright claims. I'm actually a little surprised he isn't trying to deanonymize some of the law posters here even without any good cause, though.

 

[LiquidChrisRespecter]

The most important part of the complaint is the explanation that "Russtard" is a portmanteau of Russell and Retard.

Good job taking 2 months to amend the complaint now you realise you've torpedoed any other opportunity to bring witnesses and evidence, Russtard.