The
Greer v. Moon case, decided by the U.S. Court of Appeals for the Tenth Circuit on October 16, 2023, is a significant ruling addressing
contributory copyright infringement. Below is a clear and concise explanation of the case and the Tenth Circuit’s ruling, based on available information:
Background
- Plaintiff: Russell G. Greer, a pro se litigant (representing himself), who suffers from facial paralysis and became a target of online harassment after filing a lawsuit against Taylor Swift in 2016.
- Defendants: Joshua Moon and his website, Kiwi Farms, an online forum known for targeting and discussing individuals deemed "eccentric or weird," often including those with disabilities.
- Facts: Greer authored a copyrighted book, Why I Sued Taylor Swift and How I Became Falsely Known as Frivolous, Litigious and Crazy, and a song, I Don’t Get You, Taylor Swift. These works were posted on Kiwi Farms without his consent, leading to further harassment. Greer sent a Digital Millennium Copyright Act (DMCA) takedown notice to Moon, who not only refused to remove the material but also posted the notice and Greer’s contact information on Kiwi Farms, mocking him in an email and encouraging further infringement by users.
- District Court: The U.S. District Court for the District of Utah dismissed Greer’s claims, including contributory copyright infringement, for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). The court ruled that Greer did not sufficiently allege that Moon or Kiwi Farms induced or encouraged the initial infringement. Greer appealed.
Tenth Circuit Ruling
The Tenth Circuit
reversed the district court’s dismissal and
remanded the case for further proceedings, finding that Greer had plausibly alleged
contributory copyright infringement. Key points of the ruling:
- Contributory Copyright Infringement:
- Contributory liability arises when a party “knowingly induces, encourages, or materially contributes to” copyright infringement by others. The Tenth Circuit clarified that this does not require the defendant to have caused the initial infringement, rejecting the district court’s narrower interpretation.
- The court held that Moon’s actions—refusing to remove the infringing material, reposting the DMCA takedown notice, and actively encouraging Kiwi Farms users to continue infringing—went beyond “merely permitting” infringement. These actions constituted material contribution to the ongoing infringement.
- Key Findings:
- Greer’s pro se complaint, construed liberally, alleged sufficient facts to survive a motion to dismiss. Specifically, Moon’s conduct, including posting Greer’s takedown notice and contact information and refusing to remove the copyrighted material, amounted to encouragement of direct infringement by Kiwi Farms users.
- The court emphasized that contributory liability applies to ongoing and repeated infringements, not just the initial act of infringement. Moon’s active participation in the forum and his refusal to comply with the DMCA notice distinguished his behavior from passive hosting.
- Legal Precedent:
- The court relied on precedents like Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., 545 U.S. 913 (2005), which established that distributing a device or service with the intent to promote copyright infringement can lead to liability.
- It distinguished this case from situations where a service provider merely hosts infringing content without active encouragement, noting Moon’s direct involvement as both the site operator and a user.