Approved 2024-07-25 - Stebbins: DMCA via Gimp Slave

[neamhbhuan]

This is like paying to be in the special olympics. I don't know why you have a soft spot for these fucking idiots Josh, but you're setting a terrible precedent if you start financially assisting cowtippers that were forewarned.

Get some sleep and maybe a pet cat if you want to protect and care for something that doesn't give a fuck about your efforts, remember what Chris did. Don't get stuck playing hero for retards.

Stebbins will be here to slap around regardless of whether you bail out and reward a fucking cowtipper.

 

[DavidS877]

I believe not being involved is off the table now, as Stebbins already requested a retraction of statements made in the OP.

Stebbins already has another open case against the farms and Mr. Moon-man.

https://kiwifarms.st/threads/david-stebbins-v-joshua-moon-and-lolcow-llc-case-2-24-cv-00140-southern-district-of-west-virginia.188371/

Although, I'd hesitate to call it active as the Judge appears to be ignoring it and hoping it goes away.

 

[A Little Bird]

Intervening is a very, very bad idea. @Null, if one of your lawyers gave you this idea, he's just trying to get the legal fund into his wallet; replace him.

Trying to get the court to reject the settlement at this point is not going to go anywhere. The 13th prohibits involuntary servitude. While Jones is a massive faggot and a retard for agreeing to those terms, he and Stebbins settled voluntarily.* He then voluntarily submitted the takedown notice, making that moot anyway. The court is probably very relieved it no longer has to babysit two retards who have been screaming at each other for several years, and it will not take kindly to a third party attempting to rile them up again.

Even if you do win, you will have accomplished nothing. The fat retarded menace will still find some way of bothering you and running up your legal fees by dragging you into some court, somewhere, for something, if that is what he intends to do. Intervening in this case will allow him to start draining your resources without him even having to put the work in on a drafting a new complaint against you and your LLC; you'd be helping the leech start to suck your blood.

The best way to protect the site and your interests right now is to do nothing. If he files a suit against you, fight it then and there. If a retard wants to drag you into court somewhere badly enough, he will find a way of making it happen. I've heard the power to file a lawsuit described as "radically discretionary" and as the single least libertarian** part of Common Law systems. You need to make peace with the fact that frivolous litigants are as inevitable as taxes, and are only slightly less inevitable than death. If it's any consolation, the entire legal profession has hated them for centuries, so you are not suffering alone. An angel weeps every time a parasitic moron discovers the court system. That is simply our lot in this vale of sorrow.

* Note for law autists: suppose Party A agrees to perform an action as part of a civil settlement with Party B, but then reneges and refuses to perform. Party B would be unable to seek specific performance as a remedy in a subsequent claim for breach of contract due to the 13th amendment. Would the 13th amendment similarly prevent the courts from holding Party A in contempt? I can find no articles answering this question.
** Before anyone asks: no, I am not a libertarian.

 

[Milton Luther Keynes]

Establishing that people who file suit against us won't get an easy win is sound legal strategy (as I understand it rich folks and corps have swung to doing it too, 'cause they found that "settle to make this bullshit go away for cheap" just brings more bullshit later on). Involving yourself/Lolcow LLC in litigation you don't have to is not. I say fight Stabby's suit against the Farms, and the libel suit (if he files one) to the finish, but stay out of the Jones case.

Then again, the defense fund isn't my money. I'm not going to beat my dick about how some of it used to be, 'cause that ain't how this shit works and for all anyone here knows I could be lying. It's your call, Josh. If there's a second fundraiser I'll kick in to that too, whether you/the Farms intervene in this case or not. For what my cheap talk is worth, there it is.

 

[Illuminati Order Official]

Stebbins already has another open case against the farms and Mr. Moon-man.

https://kiwifarms.st/threads/david-stebbins-v-joshua-moon-and-lolcow-llc-case-2-24-cv-00140-southern-district-of-west-virginia.188371/

Although, I'd hesitate to call it active as the Judge appears to be ignoring it and hoping it goes away.

True, but this new development is in relation to this specific case we're discussing here.

 

[Not At All A Lizard]

This sounds like a bad idea. If I'm reading it correctly, the servitude only applies to one specific video that I would assume noone will actually give a fuck about. So it's not like Jones will keep coming for us in the future anyway whenever something Stebbins appears here.
Sounds like turning a very minor inconvenience into a large one, and potentially (with the variance in the courts), a very large one. I wouldn't even do it if it was free.

Sure, Acerthorn got a win, but when retards fight retards, whoever wins, they both ultimately lose. We win by watching not by joining in.

 

[Margo Martindale]

The best defense is a good offense. Lets show that the kiwi bites back, but I'm not particularly sure about this case

Pick and choose battles carefully, if this ruling is ending up affecting the farms legally as well, then might as well fight it. But we also have other more serious lawsuits to deal with, this is lower priority. There are others like Greer who post much more of a threat at the moment.

 

[Sniperwoof]

Doesn't the very idea of this retardation directly contradict one of the site's core rules?

4. Entertainment
The forum should amuse and inform. It is not a home to vigilante justice.

 

[Scarthew]

Commander it is with the kindest of intent that I insist this is retarded and that you not get involved.

 

[Gender: Xenomorph]

Hahaha "unauthorized reposting of a Yt video"

Behead youtubers, roundhouse kick YouTubers, etc

But also does this have any legal grounds? And would winning this lawsuit set any precedent?

 

[Nick Obre]

Doesn't the very idea of this retardation directly contradict one of the site's core rules?

It's not justice, it's a preemptive strike

Which is not even preemptive anymore, since the gobblegobble opened hostilities upon seeing this thread, not to mention the ongoing litigation.

 

[The Un-Clit]

View attachment 6237871

Sounds like some fat retard really wants the smoke, Null.

DO IT.

 

[Hamstirer]

Josh, I appreciate your intentions but as you said you already have 3 very large fish on the line, hooking more is just going to be detrimental. Pass unless the fat retard fish jumps in your boat, then beat that fucker with a paddle.

 

[TooManyKittens]

Sounds like our misery golem worthless lunatic is hopping into the boat anyways for another round of legal retardation.


Fuck it, go for the throat.

 

[Mankirk]

lol, if he sues for libel you and Hardin should have a pretty good time of establishing the truthfulness of your statements. It certainly seems like a reasonable good-faith perspective of the facts to me.

 

[Null]

the nays basically have a supermajority and honestly nothing stebbins has ever made is worth the effort and the guy he sued ignored advice from the kf to begin with.

 

[Ghost of Biden]

Does this mean Zander has to move into Stabby’s black mold infested hobbit hole as an indentured servant? I look forward to this arc. It’s sad seeing a poster be turned into a lolcow’s personal bitchboy.

 

[Null]

Does this mean Zander has to move into Stabby’s black mold infested hobbit hole as an indentured servant? I look forward to this arc. It’s sad seeing a poster be turned into a lolcow’s personal bitchboy.

yes, unfortunately, he will be fed to the mold to grow it.

 

[SCV]

There's something I'm not sure I understand. The settlement says Jones has to file DMCAs for that video and all reposts but there's no end date to this. I would assume it's after the payments are made and the motion is dismissed with prejudice but I'm not a laywer so I'm not sure.

If this is the case then after 18 months then Jones finishes his indentured servitude and the problem solves itself. And if I'm understanding this correctly then the only downside is that for 18 months you need to handle a couple frivolous DMCA requests for that one specific video which is something you have to do anyway. In fact at least in this case you know your replies won't be ignored like all the bot requests.

And in the highlights there seems to be a stabby lore master who says this guy deserves it and was fucking around before he found out. Given this denying the wereturkey resources is probably the most convincing argument but it's only 1800$ over a year and a half.

Finally:

Entering litigation voluntarily is generally considered "fucking retarded" in legal circles.

 

[mindlessobserver]

the nays basically have a supermajority and honestly nothing stebbins has ever made is worth the effort and the guy he sued ignored advice from the kf to begin with.

You could have another option to get at Stabby. His threats have been veering dangerously close to the line of extortion and abuse of Process. You may be able to go for him directly. Maybe bring along some of Stebbins' more recent victims like Garcia Baz as co-plaintiffs in a unified complaint. Something worth talking to Hardin about anyway.