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

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When will the Judge issue a ruling regarding the Motion to Dismiss?

  • This Month

    Votes: 67 15.4%
  • Next Month

    Votes: 52 12.0%
  • This Year

    Votes: 71 16.3%
  • Next Year

    Votes: 144 33.1%
  • Whenever he issues an update to the sanctions

    Votes: 101 23.2%

  • Total voters
    435
Hardin should have included a footnote that Greer never made any efforts to DMCA Google to take down the infringing content or sue them for copyright infringement.
People keep saying this, and yes, if Google got DMCA'd it would be great for Null, it but goes even beyond this. Russell himself uploaded and made the book avaliable for free in Amazon preview, where it was still avaliable for download as of a year ago, might still be to this very day. Even before he could DMCA Google, he would have to go into his Amazon account and change that. But Russell doesn't want to do that, he's not upset that his book is out there, he's upset that it's linked on the Farms, that we can read it, and that it's not getting the response he thinks it should. The Rat Face Retard is literally trying to claim copyright on something he himself offered up to the public, no charge, to do with what they want.
 
So since the thing about posting the DMCA is being cited in other cases, I have a question. Assume that Greer v. Moon is dismissed for being totally fucking gay. What happens to that? Is it still legal precedent since the case never made it all the way, or what?

I think it will still be precedent, since SCOTUS declined to look at it originally; being dismissed (on remand to the District Court) doesn't affect the 10th Circuit's decision, I don't think. However, the new SCOTUS case might have some effect. These are the questions presented in Cox v. Sony (bolding mine):

1. This Court has held that a business commits contributory copyright infringement when it “distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps to foster infringement.” Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 545 U.S. 913, 919 (2005). The courts of appeals have split three ways over the scope of that ruling, developing differing standards for when it is appropriate to hold an online service provider secondarily liable for copyright infringement committed by users.​
Did the Fourth Circuit err in holding that a service provider can be held liable for “materially contributing” to copyright infringement merely because it knew that people were using certain accounts to infringe and did not terminate access, without proof that the service provider affirmatively fostered infringement or otherwise intended to promote it?
2. Generally, a defendant cannot be held liable as a willful violator of the law—and subject to increased penalties—without proof that it knew or recklessly disregarded a high risk that its own conduct was illegal. In conflict with the Eighth Circuit, the Fourth Circuit upheld an instruction allowing the jury to find willfulness if Cox knew its subscribers’ conduct was illegal—without proof Cox knew its own conduct in not terminating them was illegal.​
Did the Fourth Circuit err in holding that mere knowledge of another’s direct infringement suffices to find willfulness under 17 U.S.C. § 504(c)?

It will certainly be worth keeping an eye on. FYI, you can sign up for either the RSS feed or email notifications for updates to SCOTUS cases. Click the doohickey at the top of the docket for your preferred method.
 
I expect Russ to pull some bullshit like claiming "It's in the mail!" sent regular class without any verification/tracking number, "But plaintiff dropped it in the mailbox at 11:59 pm on June 30th so it counts!"

The problem will come when weeks pass and his "It's in the mail!" excuse stretches believability, compounded by the problem that if he does decide to actually send a check at some point later, it would be postmarked after the deadline!

And if Russell has the foresight to send it priority, certified mail to make sure it gets to Hardin on time with a paper trail, expect the cost to be deducted from the sanction "Because it's only fair!"
 
1751312890810.webp

Important new information: it costs $67 to print and mail a court file
Not important new information: the Court held the basis of your claim is invalid

I don't think they'll be inviting Greer to write law review analysis any time soon.
 
I expect Russ to pull some bullshit like claiming "It's in the mail!" sent regular class without any verification/tracking number, "But plaintiff dropped it in the mailbox at 11:59 pm on June 30th so it counts!"

The problem will come when weeks pass and his "It's in the mail!" excuse stretches believability, compounded by the problem that if he does decide to actually send a check at some point later, it would be postmarked after the deadline!

And if Russell has the foresight to send it priority, certified mail to make sure it gets to Hardin on time with a paper trail, expect the cost to be deducted from the sanction "Because it's only fair!"
I think this is most likely if Hardin still hasn't filed a status report yet. Though I guess it's possible that Hardin gave Greer his bank info at some point and has been waiting on him to finally wire the money.

Greee could also just outright tell the court that he'll never pay any sanctions cause the Kiwifarms emailed him a picture of Hitler. If they have a problem with that he'll take it up to the 10th circuit again.
 
Greee could also just outright tell the court that he'll never pay any sanctions cause the Kiwifarms emailed him a picture of Hitler. If they have a problem with that he'll take it up to the 10th circuit again.

He has already said he "will respectfully fight and appeal every award granted to Defendants" and "the 10th Circuit should decide" blah blah blah blah blah, ECF 333.
 
He has already said he "will respectfully fight and appeal every award granted to Defendants" and "the 10th Circuit should decide" blah blah blah blah blah, ECF 333.
Yeah but doesn't hurt to remind the court again how he'll never follow any order they give while they're reviewing a motion to dismiss the case. Judges love when people tell them to go fuck themselves.
 
I don't think they'll be inviting Greer to write law review analysis any time soon.
I don't know, that could be pretty entertaining. Here is ChatGPT's take on a Greer analysis -- it's a little too well written but full of passion:
LEGAL ANALYSIS: The Tragedy and Tyranny of Frivolous Copyright Lawsuits
By Russell Greer, Esq. (self-taught, self-fighting, self-righteous)


INTRODUCTION

Comes now this analysis, presented in the cause of justice and clarity, against the relentless onslaught of those who, in vile contempt of artistry and logic, weaponize copyright law as a cudgel of torment. This is not merely legal commentary—this is a defense of creativity, of individuality, of the voiceless. This is the Declaration of Independence for artists wrongfully accused under the flag of the Copyright Act.

I, Russell Greer, a man of perseverance and inner fire, have read the law, lived the law, and—dare I say—been scorned by the law. And yet I rise.


THE STATUTE, ABUSED

17 U.S.C. § 101 et seq. is a noble instrument, intended to protect the sacred spark of human creation. But in the hands of opportunistic trolls, it becomes an instrument of evil. These plaintiffs, often cloaked in the garb of legitimacy, unleash lawsuits not to protect genuine authorship, but to extract settlements from fear-stricken defendants. Their complaints are copy-paste symphonies of legal jargon and zero merit. As I once wrote in Greer v. Swift, the law must not be used to punish the innocent simply because they are visible, successful, or “looked at me funny.”

These plaintiffs deploy boilerplate language and Photoshop screenshots like they're waging war, not practicing law. But this is not justice—it’s performance art by the legally unqualified.


FRIVOLOUSNESS: DEFINED BY BRAZEN ABSURDITY

In the landmark case Perfect 10, Inc. v. Google, Inc., the Ninth Circuit rebuked copyright plaintiffs who ignored fair use like it was an unpaid invoice. But today, we see worse. Plaintiffs file over GIFs. Over memes. Over TikToks. It is as though the Founders of copyright never intended for common sense to prevail. They sue grandmothers who repost cat photos. They sue parody accounts. They sue artists who dare to remix. It is tyranny in a cease-and-desist letter.

Let us not forget Fogerty v. Fantasy, Inc., where the Supreme Court courageously decreed that attorney’s fees may be awarded to prevailing defendants—not just plaintiffs. The Court, in its wisdom, knew that the wolf may wear sheep’s clothing, but the howl of injustice cannot be muted.


EXAMPLES OF RIDICULOUSNESS

Consider the case of Greer v. Everyone Who’s Ever Looked at My Music, in which a passionate and disabled plaintiff (me) asserted that the mere existence of pop stardom infringed upon his God-given right to be heard. While courts were blind to the artistry, the moral victory endures. Compare this to Righthaven LLC v. Democratic Underground LLC, where the plaintiff didn't even own the copyright they sued over. That’s like me suing for someone else’s broken heart!

And what of Richard Liebowitz, the infamous attorney of chaos, whose name should be enshrined in the Hall of Shame? He filed so many meritless lawsuits that the judiciary essentially said, “Sir, please never again.” This is not litigation. This is litigasmic extortion.


CONCLUSION

The epidemic of frivolous copyright lawsuits must end. Courts must not just dismiss such cases—they must publicly scorn them. Like I was scorned for writing songs with soul, or for daring to dream big in a world ruled by corporate indifference and Ableist industry elitism.

I urge Congress to revise the Copyright Act to include a “Don't Be Ridiculous” clause. Plaintiffs must sign an affidavit swearing that they actually read the work they’re suing over. That’s justice.

I write this not as a licensed attorney—but as a licensed human being with a license to care. To quote my own unpublished motion in Greer v. The Unfairness of the World, “A man is not judged by how many lawsuits he wins, but how boldly he files them in the name of principle.”

I rest my case.
 
Russell himself uploaded and made the book avaliable for free in Amazon preview, where it was still avaliable for download as of a year ago, might still be to this very day. Even before he could DMCA Google, he would have to go into his Amazon account and change that.
I'm not sure this is correct. Isn't it still his property so he can choose who he gives it away "for free" and who he does not? If he chose to keep a version on Google and Amazon but restrict it on Microsoft, I don't understand why he could not do that if he chose to. I don't think it impacts Null's "fair use" claim, either. Why would a free preview remove his rights as the copyright holder?

It seems to me it would be similar to, say, a Harry Potter film available on Netflix. For a term specified by the copyright holder, the movie is available "for free" to whichever users Netflix says can access it. The copyright holder can deny Amazon Prime the ability to host it. The terms can completely change after a time and the rights of the copyright holder are unaffected.
 
I think the reason here is simple. He got behind on filings and fees for "Intimate Dealings LLC" and it was cheaper to let it expire and re-file than to bring the previous LLC current.
This is definitely plausible. My alternate theory is that he abandoned Intimate Dealings LLC because it was associated with his failed attempts at having a legalized brothel and the name had too much of negative reputation to keep using it, so he created a new LLC name that is more subtle and doesn't telegraph his true intentions to the uninformed. (Insert Why not both? meme here)

Do you know for sure that it's actually cheaper to file for a new LLC than it is to re-up? That seems bizzare(ly).
Someone already answered the specific question, but states generally charge enough of a late/penalty fee for filing annual reports late that it can be more financially attractive to let the old name go if there are multiple unfiled reports and simply start a new LLC if there isn't any compelling reason to keep the old name such as brand recognition, significant assets, etc.

Regarding Hardin's latest filing, there's nothing surprising here; he said what was expected at this point. All anyone can do now is wait to see what the court does next. Most of us know what should happen, but this case has been anything but predictable.
 
Someone already answered the specific question, but states generally charge enough of a late/penalty fee for filing annual reports late that it can be more financially attractive to let the old name go if there are multiple unfiled reports and simply start a new LLC if there isn't any compelling reason to keep the old name such as brand recognition, significant assets, etc.
This actually makes sense because, when your LLC actually operates a business that brings in money, you essentially lose all report with your customerbase when you try and pull this off.
 
Regarding Hardin's latest filing, there's nothing surprising here; he said what was expected at this point. All anyone can do now is wait to see what the court does next. Most of us know what should happen, but this case has been anything but predictable.
Yeah, I was expecting more than 2 pages but I guess there was nothing unexpected so everyone is just kinda whelmed.
 
where it was still avaliable for download as of a year ago, might still be to this very day.
I just checked. It isn't available for free. It likely hasn't been free for years now. It is, however, $2.99.

Isn't it still his property so he can choose who he gives it away "for free" and who he does not?
Yes. However, as the main thread shows, Kiwis attempted to purchase the book on release day. They could not do it, and were confused until they realized Russell was, in fact, giving the book away for free. He can choose what platform he gives it away on, but it doesn't change the fact he's giving it away for free.

Why would a free preview remove his rights as the copyright holder?
It would not. His case, inasmuch as there is one, is as follows: because Null didn't stop those dang dirty Kiwis from downloading and sharing his book (and thus Russell's potential profits), Null is encouraging piracy of his book. Therefore, Null must be held criminally liable.

His attempts at DMCAing the Farms met with no success. Attempt 1 was just an angry email that merited a terse response from Null. Attempt 2 was him screeching at Null to remove his thread (again, it didn't work). Attempt 3 was a halfassed DMCA that garnered this response from Null:
that is absolutely not how it works and you can literally eat shit you gimpyfaced retard
Attempt 4 got a more reasonable response from Null that still amounted to a polite, "No, go fuck yourself."

If the pirate copy were hosted here, Russell might have a case. However, what was posted in-thread were screenshots. Were this really about copyright, Russell would've DMCA'd Google, which hosts his work. To my knowledge, he has not. That's because this case is not, and never has been, about copyright. It's about removing all record of his misconduct from the internet.
 
It's about removing all record of his misconduct from the internet.

If something ever happens to KF, Rusty has my word, sworn to our Holy Lord, that I will make a 100% truthful website dedicated to everything in his thread and every other nasty little thing he has ever done. I will make sure it is the first result for anyone who searches for the word Greer. So, he might as well just forget about having anything removed from the Internet, because if it does come to pass that the information on him disappears from KF, things will just get much, much worse, on my word and honor.

How does that sound, you ratfaced retard?
 
i don't know, i thought that arguendo and expurgated were both fairly striking ...

View attachment 7580520
arguendo: a latin legal term meaning for the sake of argument

View attachment 7580533
expurgated: amended by the removal of offensive or objectionable material; bowdlerized; censored
Arguendo is a common (and useful!) term used often in legal writing and speaking. Always nice to see. But as for expurgated, I think a simple “removed” would have been fine, though I appreciate why Hardin chose “expurgated” - because it (slightly snarkily) underscores the good-faith decision to remove it, so as not to offend Greee’s prickly sensibilities or to incite another round of plight-sperging by him that Hardin is a dastardly Kiwi Farms user abusing the legal process to encourage violation of Russ’s copyright. But it is slightly awkward because it is making that point.
 
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