View attachment 2150191
That's incorrect. As addressed in my previous
analysis, neither your complaint, nor your reply motion showed clear causes of action for which relief can be granted (Rule 12 (b) (6)).
View attachment 2150194
If it's anything like your reply, then this will fail horribly.
View attachment 2150199
Everything here was bad and useless, except the highlighted part. While an outright lie, alleging that Null
personally infringed on your copyright is a good move.
View attachment 2150207
True, however the "factual allegations" must be supported by proof, otherwise the claims need not be considered and your lawsuit is open to dismissal (Ashcroft v. Iqbal, 556 U.S. 662 (2009)). And I have proved before in my analysis, and I will prove it here, that your allegations are not supported by facts enough to avoid Ashcroft v Iqbal.
View attachment 2150209
Factually false as we will soon see.
View attachment 2150210
I think this needs no commentary from me. Assuming the worst, however, I'd say he's attempting to abuse the "handwritten
pro se document is to be liberally construed" privilege. However, while it's harder to dismiss a pro se document ("[it]can only be dismissed for failure to state a claim if it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief."), he still prove no facts, and as such his complaint should be dismissed (Estelle v. Gamble, 429 U.S. 97)
View attachment 2150215
Admitting that your only proof for defamation was invalid and frivolous is not a good look. It also goes against Rule 401 of Federal Rules of Evidence.
View attachment 2150217
Richard could just have been any regular person who bought a book when it was released, didn't like it, and gave it a bad review. I say this is inadmissible under Rule 401 of FRE. Were it admissible, this is not Kiwifarms acting, nor Null, and so it is irrelevant. You are also assuming intent (which would be against FRE Rule 104(b) ), which is both conclusory (as it is unsupported by facts), and therefore invalid (Ashcroft v. Iqbal), but it is also the job of the court and or the jury (and even the jury is forbidden to do this in cases of criminal trials Morissette v. United States, 342 U.S. 246)
View attachment 2150223
Wrong. I will repost my counter argument (with his argument) from my previous analysis, just so we can see his argument more clearly.
View attachment 2150224
Were it correct, it still doesn't incriminate Kiwifarms or Null, only the users of Kiwifarms, and as such it is irrelevant and should be disregarded (FRE 401).
View attachment 2150228
1. The Website is not responsible for the actions of its users.
2. This is against FRE 404 (a) (1), (b) (1), and it cannot be admitted as evidence.
View attachment 2150244
So, you admit that all evidence you have is useless?
View attachment 2150246
This kills his case. This shows to the court that the issue wasn't urgent or all that damaging. Skordas will pound this line over and over again, I bet.
View attachment 2150248
Defamation and harassment are two different things. That being said, your original complaint had no "2020 statements" of defamation made by the defendants, and you have not amended your pleading to provide such evidence. Your Defamation and False Light claims still fail.
View attachment 2150261
I'm not sure you can use "events" as proof of defamation. Defamation can only happen upon a written or spoken word (Becker v. Kroll, 494 F.3d 904 (10th Cir. 2007) ). Furthermore, your original complaint had no "2020 statements" of defamation made by the defendants, and you have not amended your pleading to provide such evidence. Your Defamation and False Light claims still fail.
View attachment 2150266
This dismisses every cause of action against Null, Kiwifarms except copyright (by his own assertion). This kills your case, Russ. Everything else in his argument about CDA is irrelevant.
View attachment 2150291
But Null didn't, and you failed to show that he did. This citation is unusable. In regards to copyrighted material, Null specifically told his users to make sure it's fair use, otherwise he will delete it.
View attachment 2150303
View attachment 2150314
1. District court cases are non-precedential (Rio Grande Silvery Minnow v. Bureau of Reclamation, 601 F.3d 1096 (10th Cir. 2010), United States v. Mollner, 643 F.3d 713 (10th Cir. 2011) )
2. Were it an appeals court decision (its not) it would not be 10th circuit.
3. In that case Anglin actively participated in actions he was sued for, even going as far as committing those same actions, which is not the case here.
4. He actively directed his followers to commit actions he was sued for (threats, defamation, etc). That is not the case here.
This case is non-precedential, completely different situation from this one, and very likely non-applicable.
Most of other things in this section are irrelevant, but I will address some.
View attachment 2150333
Mockery is perfectly legal and allowed by the Supreme Court (see for example Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988 ) )
View attachment 2150338
Incorrect. No authorization was given to mock, although admittedly, he probably does not mind. That being said, mockery is not illegal.
View attachment 2150344
Gersh is non-precedental.
View attachment 2150350
For this to be applicable, Null would have had to waive his protections in court, not outside it.
View attachment 2150355
Skordas cited a newer case that disproves you, and one from the correct circuit. It hardly matters what the 9th has said, when the 10th has ruled otherwise.
Rest of that is just a repeat of the same, so I am skipping forward
View attachment 2150368
As the court very well should.
View attachment 2150380
True. Skordas miscited the argument of defense as the court's ruling.
View attachment 2150383
1. Section 230.
2. "
may be", not "must be"
3. You did not establish that Null knew your works would be reproduced.
4. You did not establish that Null, himself, posted your works.
5. Null did not "intentionally inducing or encouraging direct infringement" which is the requirement by SCOTUS (
Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., 545 U.S. 913, 125 S. Ct. 2764 (2005))
6. Your cited case goes against the ruling of SCOTUS.
View attachment 2150387
Null is allowed to host works for purposes of fair use. This does not mean he is authorizing or encouraging unlawful stealing of Greer's works.
View attachment 2150391
That's not what happened here, however. As such the argument fails.
View attachment 2150401
1. Fair Use is not infringing.
2. Null did not teach people how to steal your products.
3. Null did not advertise that he was stealing your product.
4. Section 230.
View attachment 2150409
It is a fact though. You even got convicted during said court "date".
View attachment 2150413
Russ just proved us correct that it was factual, and correct.
View attachment 2150417
View attachment 2150422
View attachment 2150418
Russ just lied to the court, and admitted that he did.
View attachment 2150423
You needn't be convicted to have a victim. And, regardless, this is a statement not by Kiwifarms or Null (meaning it's useless), and even if it was, it could be taken as hyperbole (Greenbelt Co-Op. Publ. Assn., Inc. v. Bresler, 398 U.S. 6 (1970) )
View attachment 2150428
Notice that it doesn't say "by". That's very important.
Since I am getting a bit tired of writing, take my word that the rest of his defamation claims are more of the same. He keeps confusing users with the site, and at point lying about what was said.
View attachment 2150432
It's not introduced into evidence that he made any defamatory comments, only that he asked for more info and was going to talk about it, no evidence is presented that he did.
Russel then whines more about CDA.
View attachment 2150437
1. No you can't because it doesn't relate to Null or Kiwifarms.
2. Glad you admit part of your suit was frivolous.
And that's it! Done.