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

[Greasy Goblin]

I just hope that when this case gets dismissed Hardin has an abuse of process lawsuit already written and ready to drop within minutes.

If Kiwifarms is the hardship, the process is the punishment, and punishment is a form of hardship, 'abuse of process' and 'abuse of Kiwifarms, a website' are one and the same. I rest my case your honor.

 

[Big moth tiddies]

To me the E-Mail service that was done in a totally improper way is as good of a reason to dismiss as any, and Russ whistled right past the graveyard on all of it. I used to think he was a lot smarter than I do now, I'm not sure that he even understands all of the procedural issues with that and thinks he can just "Null bad, tho" his way past it.

The interesting thing to me is that it seems by adding Lolcow LLC explicitly to the complaint Greer has opened himself up to the jurisdiction question again.

They've let this shit slide down the bowl so far. Why change now?

Just speculation but I assume lawyers report each other all the time to the Bar just on the off chance of eliminating opposing counsel.

Filing a false complaint is a sanctionable offense. In addition to putting an enormous bullseye on their back among other lawyers, if the BAR association finds it egregious enough an attorney could face disciplinary or monetary sanctions of their own.

 

[Dizzyuntildeath]

As long as Lolcow LLC suddenly shifts into property aquirement and management in Nevada and certain types of adult entertainment venues start getting bulldozed while a certain disabled retard stand across the street screaming I will consider justice served.

 

[Yak-130 Mitten]

The implication is that you, the reader, are the 4th.

Reading Russ filings does indeed make you contemplate further living on this planet.

 

[CEO of Gay]

Reading Russ filings does indeed make you contemplate further living on this planet.

Indeed. It lifts one's spirits and give one a sense of hope. However much things might be fucked up for you in that moment, you're still not Russel Greer.

 

[Lubby Smith]

There are other weird quirks. He cites a case from Westlaw and includes a quote with a *1146 in the middle of it, even though the case text does not have that star pagination in it. I looked it up to see if he was lying or misquoting the case—because the citation made no sense with that page number in the middle of it—but he somehow copy and pasted a sentence that included a page indicator that does not exist in Westlaw's version of the case. I have no clue how he even did that, except that only a retard could manage that.

The page number is from the Power Probe case that he found on Google Scholar and essentially plagiarized like a shyster. If you go to the filing straight from Court Listener, the links in that section go to the cases on Google Scholar because he literally copied and pasted.

 

[Napoleon III]

I just hope that when this case gets dismissed Hardin has an abuse of process lawsuit already written and ready to drop within minutes.

Honestly as much fun as it would be it wouldn't be worth it. The expense and time is simply not worth it. Which is the sad thing about the US legal system, trying to make it actually achieve justice will just end up burning through a lot of your resources.

I think Rusty's most recent filing is very much spiced by Hardin's inclusion of all the details of the Winnemuca Hooker Arc. Rusty thinks "Well, if Hardin can tell on me, wait until the judge heards about the New Zealand shooting thing!!" Russ doesn't understand how he himself brought the Winnemuca Hooker Arc into the case (by trying to file the emergency postponement), and therefore can't understand why the New Zealand shooting thing is irrelevant to the case. In his mind, it's tit-for-tat tattling, and Kiwi Farms has more tits and less tats than he does, therefore he should win.

He does this all the time and it never works. Subconsciously I think that Greer must learn this time, but of course he never does. Which is why I find Greer funny.

 

[Swole McPole]

He does this all the time and it never works. Subconsciously I think that Greer must learn this time, but of course he never does.

I think it's a reflection of how Greer's mind works. I believe his mind works like this:

I'm a nice guy/good guy. I deserve everything I want.
Kiwifarms is run by a bad guy/used by bad guys. They make me look silly by reporting on my behaviour.
I'm wronged/harmed by Kiwifarms.
The court is the place where wrongs are supposed to be righted.
All I need to do here is show the court what a nice guy I am. (Look at me! I'm disabled!) And what a shower of rotters they are at Kiwifarms and the courts will obviously find in my favour.

Hence his filings never contain anything related to the facts of the case. Never anything about copyright infringement. He just repeatedly drags up shitty old articles from communist rags who don't like the Farms because of it's vigorous defence of free speech and it's refusal to bend the knee to the Troon Menace.

And it's an approach that's worked for him in this case so far. Why wouldn't he keep doing the same?

 

[Dyn]

Honestly as much fun as it would be it wouldn't be worth it. The expense and time is simply not worth it.

I don't care it's not my money. I just want to see Russell suffer.

 

[Oliver Onions]

I'm a nice guy/good guy. I deserve everything I want.
Kiwifarms is run by a bad guy/used by bad guys. They make me look silly by reporting on my behaviour.

This applies to almost every lolcow I think. Being unable to recognise you are the problem is a foundational building block of being a cow.

 

[Hunter Hearst Helmsley]

The page number is from the Power Probe case that he found on Google Scholar and essentially plagiarized like a shyster. If you go to the filing straight from Court Listener, the links in that section go to the cases on Google Scholar because he literally copied and pasted.

View attachment 7360086View attachment 7360087

Ahh, copy and pasting would explain the higher writing quality of this one.

 

[McMitch]

Which is the sad thing about the US legal system, trying to make it actually achieve justice will just end up burning through a lot of your resources.

One aspect that is rarely considered regarding the structure of the US civil courts is, when the foundations to it were lain you could just go try and shoot the guy bothering you. Courts were for big issues that couldn't be solved without shooting an unreasonable number of people, and the structure and costs reflect that.

 

[ConSluttant]

I meant records of payouts from the stores themselves. If he sold anything, there would be a dashboard or account statement informing him of the money being transferred, plus official tax records. He should either have these available, or be able to log in and check them.

Wait, I just thought of something--he had to have sold at least one copy of his song: the copy @moseph.jartelli allegedly bought and posted to KF. Even if Greer later took the song down from CD Baby, they still owed him his cut of the $1.25 (not the Complaint's hypothetical price of $5.00). That had to have generated a paper trail somewhere.

CD Baby is still in existence and 2019 was only 6 years ago. If Russ is being a Russhole, I bet a subpoena to CD Baby for records would turn up some funny numbers. Also, Greer outright stated he didn't want to sell mp3s, he wanted streaming revenue; those platforms should also be around and reachable for numbers.

This would all be easier if Russ was served a discovery request and politely provided the numbers himself. But I can't imagine him doing that, nor can I imagine him going 5 months without complaining about it if Hardin did ask.

its not hardin's responsibility to request that, it's russ' responsibilty to produce those things to prove damages.

It's both of their responsibility in a way. Russ needs to produce it in discovery to prove damages. But Hardin, being a professional, needs to put in a discovery request/subpoena them directly if they aren't produced so that he can prove that Russ only deserves tree fiddy for loss of potential sales. We all know he got less than a tenner in royalties. He was probably lucky if he got a shiny silver dollar.

That being said, one of the biggest changes in his complaint comes in the damages section. The original complaint reads thus:

6. Plaintiff requests statutory damages for willful copyright infringement, as found in 17 U.S. 504 (C ) (1), in the amount of $150,000, for each copyright infringed upon. Further, Plaintiff requests damages for the harassment and defamation he has had to endure at the hands, of Defendant’s site.

But the FAC reads thus:

7. Plaintiff requests statutory damages for all infringements involved in this action, as found in 17 U.S. 504 (C )(1), in an amount up to $30,000, but no less than $750, for each copyright infringed upon. 8. Plaintiff additionally requests statutory damages for willful copyright infringement, as found in 17 U.S. 504 (C )(2), in the amount of $150,000, for each copyright infringed upon.

He has changed what he is seeking redress under. He ADDED 17 U.S. 504 (C)(2) to the complaint.

As a thought exercise, I decided to compare the original complaint to the FAC. I only did two sections - where he laid out the general complaint and then Count 1 against Jersh. The sections between these two are almost exactly the same. I didn't go on to deal with the other counts, but it seems to me like Russ-boy is willfully ignorant when he says that it's the same complaint. It's not. It may be the same count, but how he describes it is vastly different from one complaint to the next. This means his whole premise is deep-sixed to me.



EDIT: It's EVEN WORSE THAN I THOUGHT! The whole rest of the FAC after the section I've published here is COMPLETELY DIFFERENT than the rest of the OC. The OC's other counts had to deal with everything that was dismissed and not brought back in by the appeal to the 10th. Holy fuck. Everything to deal with Lolcow, Inc IS COMPLETELY NEW. Lolcow/Kiwi Farms isn't mentioned by name in the OC's count one. Heck, even Josh isn't officially mentioned as the one count 1 is being brought against in the OC. By breaking it out by defendant in the FAC, which he didn't do in the OC, he dun screwed the pooch. lolololololol

This is where having a "red line" copy that must be submitted to the court when making an amended complaint would be really, really helpful. Some federal court districts require you to submit one as part of the local rules. It should be made mandatory across the country. For both plaintiff's and defendant's benefit. Seeing where things are different is very helpful when crafting responses to complaints.

 

[lol cow supreme]

He has changed what he is seeking redress under. He ADDED 17 U.S. 504 (C)(2) to the complaint

No, he just fleshed out the original complaint and they are also mirror duplicates. With extra defendants. Why arent you a neutral third party like Hardin is supposed to be and just settle the case?

 

[Harvey Danger]

Ahh, copy and pasting would explain the higher writing quality of this one.

I guess that makes me the retard for speculating he went out of his way to make a better motion, actually found someone to help, and worked with them to tidy it up. Occam's Razor should have suggested the obvious, that the higher polish meant he plagiarized it from somewhere.

I know recent litigants that used AI to write briefs got in trouble, but that was for citing non-existent cases. These cases at least exist, and are plausibly on point for the question at hand. Is regular old plagiarization like this sanctionable? Hardin can inform the court to make Greer look bad, but I don't know if it can demand more repercussions.

 

[reptile baht spaniard rid]

What the hell does Russ think "fleshed out" means?

Given his whoredom I am actually scared of the answer ...

Is regular old plagiarization like this sanctionable?

Nah, the whole concept of "case law" is basically legal plagiarism. It's a good move by Greer, and one he should have done ages earlier.

The problem, of course, is if you mis-cite and don't relitigate the judgements that occured "back then" the response is easy - Shitfuck v Dickwater was adjudicated as being gay as hell, per X.

 

[lol cow supreme]

What the hell does Russ think "fleshed out" means?

To add more to the argument now that the defense cant refute it a second time. Duh.

 

[reptile baht spaniard rid]

The flaccid, soft original pleading has become fleshed out, turgid, engorged, rock-hard and ready for the long-haul.

And you can't reply at all.

 

[cromit]

“I didn’t change any of it! I just… y’know… changed it.”

I almost said he constantly talks out of both sides of his mouth, before envisioning what that would look like on a paralyzed face. So, I’ll just say that he constantly tries to eat his cake and yet still have it, too. I like to call this Schrödinger’s Lie. The statements are mutually incompatible with each other, meaning one of them is an outright lie to the court, and he can just choose which one he actually meant when called to task for it later. Common trait in lolcows. “I said that, but I didn’t actually mean it! I meant… y’know… the actual opposite.”

I don’t even think he realizes he’s doing this when he does it. He’s just saying things regardless of truth value, because it means he wins. So, the complaint both is and is not different, whichever one suits his argument in the moment. Because the truth doesn’t matter! He’s a winner no matter what.

 

[Sexy Senior Citizen]

The flaccid, soft original pleading has become fleshed out, turgid, engorged, rock-hard and ready for the long-haul.

And you can't reply at all.

I'm considering filing an emergency motion to whap you on the nose with a rolled-up newspaper.

Is regular old plagiarization like this sanctionable?

Yes. Stilp v. Borough of West Chester (reason.com, courtlistener) holds that there is no reason to plagiarize the work of another lawyer. Russ will likely argue that he's not a lawyer, he's a pro se paralegal retard so please Mr. Judge just let this slide.