Skitzocow David Anthony Stebbins / Acerthorn / stebbinsd / fayettevillesdavid - Litigious autist, obese livestreamer, elder abuser, violent schizo, ladyboy importer, hot dog enjoyer, wereturkey.

[Star Platinum]

I don't think you can keep calling Alphabet, Discord, and Amazon "nominal defendants" when you admit that you are seeking an injunction against them ordering the termination of user accounts.

 

[Anonymus Fluhre]

View attachment 5032761
I don't think you can keep calling Alphabet, Discord, and Amazon "nominal defendants" when you admit that you are seeking an injunction against them ordering the termination of user accounts.

I doubt he even knows what that term means.

 

[TurboNAS]

Look, you can’t just go and make rulings against Stebbins. That shows clear bias!

Worse yet is where you warn him that the constant motions and frivolous suits could lead to consequences. That’s basically admitting on the record that you personally hate him and are trying to ruin all his meritorious lawsuits over (checks record) 4 hours of a camera accidentally recording him being weird? Haha dang dude, maybe a few more mandamus proposals to superior courts will finally show them all that no one can make fun of you and get away with it!

Wait, Stebbins states he’s trying to silence online criticism. Huh, so the Fair Use of copy written material for criticism just doesn’t apply here? Nah, it’s clear judicial bias.

 

[Instant_Pot_User]

> ...nominal defendants who I only included so they could terminate the accounts of the individual defendants after I defeated them in court.

This isn't all that different to a kid in trouble at school saying that a bunch of teachers let other kids (who he doesn't like) bully him, so that these other kids get in trouble too.

 

[RodgerDodger]

> ...nominal defendants who I only included so they could terminate the accounts of the individual defendants after I defeated them in court.

This isn't all that different to a kid in trouble at school saying that a bunch of teachers let other kids (who he doesn't like) bully him, so that these other kids get in trouble too.

Admitting you're comitting fraud on the court as you submit your unreasonable demands for extraordinary relief is something of a novel approach.

 

[Useful_Mistake]

Stebbins v. Google LLC

Spoiler: 52

Stebbins v. Polano

Spoiler: 190

 

[AnOminous]

Something that is not true here. It seems, then, that this is another L for dear Acer. @AnOminous , thoughts?

I'm surprised he actually honestly stated the standard of review because he clearly doesn't meet it. Also is there really actually a final order in this case disposing of all issues or is this yet another nonsensical interlocutory appeal? The docket appears pretty muddled with the last entry I see being a partial grant of a motion to vacate the previous judgment.

This is just a dog's breakfast, a mess. Is this even ripe for appeal?

This is apparently a different, related case to the actual case being appealed, 4:21-cv-04184-JSW. So never mind, that one actually does appear to be over. They're not granting a summary reversal either way though.

Here's the docket entry for the order relating the cases:

This kind of procedural trainwreck is why people hate vexatious pro se litigants.

And now that I've figured that out I'm still unsure as to whether this is a final judgment that can be appealed, disposing of all issues relating to all parties. What the fuck is even going on in this case?

 

[Useful_Mistake]

Also is there really actually a final order in this case disposing of all issues

Yes:

https://www.courtlistener.com/docket/59956978/stebbins-v-polano/?page=2

 

[AnOminous]

https://www.courtlistener.com/docket/59956978/stebbins-v-polano/?page=2

So this would make it a direct appeal that would be denied on its own merits and not simply for being untimely.

 

[RodgerDodger]

So this would make it a direct appeal that would be denied on its own merits and not simply for being untimely.

Does this

Provide anything useful for the Youtube team currently pushing for Vexatious status be applied? Can they put this in from of the Judge showing that he is suing them simply to attempt to force them to act against a third party? A manner of relief that the court cannot order.

 

[TurboNAS]

Something in the recent filings and ruling by Judge White made me go reread the Second Amended Complaint in the Stebbins vs Polano case and I bumped into his discussion in paragraph 54 of how he took a screenshot of a Discord post by Mateus which had a picture of a rooster for a user icon and received a DMCA takedown notice from Mateus for posting it. Stebbins filed a counterclaim and in the second amended complaint he argues that with a little bit of commentary a short snippet of a work can become protected, specifically someone’s Discord icon.

It’s funny to see him then argue someone using his Acerthorn for a commentary/criticism channel doesn’t have the same protection.

As always, rules for thee, not for me with Stebbins.

Stebbins v Polano: Second Amended Complaint

 

[AnOminous]

Does this
View attachment 5041105
Provide anything useful for the Youtube team currently pushing for Vexatious status be applied? Can they put this in from of the Judge showing that he is suing them simply to attempt to force them to act against a third party? A manner of relief that the court cannot order.

He's not actually wrong on that. ISPs that simply ignore repeated infringement can indeed be penalized under various theories of vicarious liability for not acting against repeat infringers.

I don't think this applies since I don't think he's even actually made out a case of infringement at all (and neither did the trial court judge), but most big ISPs now have policies dealing with such issues:

Readability, Accessibility, and Clarity: An Analysis of DMCA Repeat Infringer Policies

Internet access is an essential service in the digital age, and internet service providers (ISPs) are a powerful choke point in the digital ecosystem. The Digit

papers.ssrn.com

There really isn't a magic number (although for some reason ISPs often pick three or some other arbitrary number), because the mere fact that a repeated abusive claimant repeatedly pulls a Jarbo doesn't mean the target is actually a repeat infringer.

(In fact, this article is largely about how such policies are nearly unintelligible to the normal reader.)

 

[MongolianMongoose]

His list of appeals is basically a summary of every decision the court made. It's the same ineffective arguments as before. You know what they say about doing the same the thing and expecting different results.

He cites the case where he allegedly attacked his father with a knife.

Although the District Court found the copyright infringement claims to be without merit
for reasons I will discuss in the Appellant Brief should this motion for summary reversal be
denied, he also failed to adjudicate the remaining §512(f) claim. This alone renders the entire
judgment a violation of my constitutional rights. See Stebbins v. Stebbins, 2017 Ark. App. 428
(2017) (“t is not enough to dismiss some of the parties or to dispose of some of the claims; to
be final and appealable, an order must cover all of the parties and all of the claims”)

I hope Google mentions that Acerthorn called his own lawsuit a "Capone Case". Youtube lawyer Leonard French says this misrepresentation is "probably some level of improper or illegal."

Link discussing Stebbins v. Polano Docket 157 Supplement Petition for Writ of Mandamus

 

[Useful_Mistake]

Leonard French says this misrepresentation is "probably some level of improper or illegal."

Very ironic coming from a dude who does that routinely to support his trans agenda. I only hope he isn't actually taking on any cases.

 

[AnOminous]

I hope Google mentions that Acerthorn called his own lawsuit a "Capone Case". Youtube lawyer Leonard French says this misrepresentation is "probably some level of improper or illegal."

That's a pretty dumb example since most people agree getting Capone off the streets by any means necessary was actually a good thing. It's not like they made up the case, either. He had cheated on his taxes. That's a crime, sort of like stabbing your dad is a crime. It's like a serial killer complaining that they also caught him robbing a bank.

 

[Sweeter and Savoury]

Very ironic coming from a dude who does that routinely to support his trans agenda. I only hope he isn't actually taking on any cases.

Never forget French is a full blown faggot supporter. He might sound like he sides on the right but that's only because he's an anal retentive type that like strict rules hence his compulsive fellatio of the US justice system.

While we have no evidence that he's a closet pedofile I wouldn't be surprised in the future to find out he is. These types can only hide for so long before the urges overwhelms their ability to disguise their fetish. No doubt some day in the future we may very well see him caught up in some pizza charges.

That and he's certainly no friend of the Farms for sure. He's all in favor of censorship of wrong think so IMHO French can go fuck himself and take his ridiculous ego with him.

As to the fat fucker Stebbins nothing will stop him from his quest to get rich via the justice system. He would literally have to be designated a vexatious litigant in every single court in the US to stop his spam use of the freebie lawsuit system. It's his only focus in a very sad, very empty life. No doubt he truely belives that one day he will win one of these suits and walk away into the sunset a multi-millionaire so he'll never let up.

I hope Google does slap him with the vexatious label in his current circuit at least that way his next set of get rich quick lolsuits will have to be filed further afield and that may slow his porkiness down a bit. It won't stop him due to his autismu and lack of anything even resembling a life but it will make things slightly more challenging for him and I'm all in favor of making his shit life even worse.

 

[lolwatagain]

His list of appeals is basically a summary of every decision the court made. It's the same ineffective arguments as before. You know what they say about doing the same the thing and expecting different results.

He cites the case where he allegedly attacked his father with a knife.


I hope Google mentions that Acerthorn called his own lawsuit a "Capone Case". Youtube lawyer Leonard French says this misrepresentation is "probably some level of improper or illegal."

View attachment 5056076

Link discussing Stebbins v. Polano Docket 157 Supplement Petition for Writ of Mandamus

Can Stabbins make one fucking filing where he doesn't admit something that completely destroys his own case?

The Court dismissed Acerthorn's claims, including the 512(f) claim, under the powers granted by the IFP statute, instead of Rule 12. As the Court stated: "the Court retains the power to dismiss the case at any time if it determines that the action is frivolous, malicious, or fails to state a claim on which relief may be granted. See 28 U.S.C. § 1915(e)(2)." The Court gave plenty of reasons why the entire action was frivolous, malicious, and failed to state a claim in both cases.

All Acerthorn has done is admit that this action is frivolous and malicious by calling it a "Capone case." He really is fucking retarded.

 

[Useful_Mistake]

Polano appeal

Spoiler: 8

Interestingly he provides no authority for anything relating this "summary reversal" not even where it comes from (local rule 3-6 for the 9th circuit). So what does 9th circuit think about this motion? Well, these kinds of motions are "rare and exceptional" and "usually reserved . . . for situations in which the law is well settled and stable, the facts are not in dispute, and the decision below is clearly in error." (See, Act Up!/Portland v. Bagley, 988 F.2d 868 (9th Cir. 1992) ) Something that is not true here. It seems, then, that this is another L for dear Acer. @AnOminous , thoughts?

Interestingly, that is the exact same point I made

 

[TurboNAS]

Coming soon: Motion to Dismiss the Motion that Made the Motion Which Reversed My Motion For Motioning that All You Doody Heads Must Pay

The seething levels at Chez Stebbins must be off the charts right now.

 

[AnOminous]

That and he's certainly no friend of the Farms for sure. He's all in favor of censorship of wrong think so IMHO French can go fuck himself and take his ridiculous ego with him.

I don't know if you know this but IP lawyers are, by and large, complete dicks. You're not listening to an IP lawyer for his strength of character or because you think you want to have a beer with him or some shit. You listen to an IP lawyer because he has solid opinions on intellectual property law.

French is good on that subject. Personality has jack-shit to do with it.