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

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How much will David sue the farms for?

  • $0/no suit

    Votes: 118 5.3%

  • Hundreds

    Votes: 17 0.8%

  • Thousands

    Votes: 45 2.0%

  • Millions

    Votes: 184 8.2%

  • Billions

    Votes: 136 6.1%

  • Trillions

    Votes: 483 21.6%

  • A steamy night with Null in a lace negligee

    Votes: 1,257 56.1%
  • Total voters
    2,240
Unfortunate for CmdrImperialSalt. It’s sucks to get pulled into any lawsuit but definitely one by the legal hydra. If this first salvo doesn’t connect get ready for a half dozen more.
 
Is it normal that half that file is blank? Like, the entire section that says "we tried X times, and we confirm that the defendant was physically served" has nothing in it.

Is that normal?
 
3 more "anonymous" legal questions posted by Acerthorn on Avvo.

Post 1
More info about his ContentID scheme
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Acerthorn feared the 10 songs he commissioned on Fiverr may have been rejected by the copyright office. His registrations were eventually approved. This approval may have been in error.

He says he has a "work for hire" contract with the original artist and that they are supplemental works to be used as background music in his videos.
The copyright office does have a provision that a work that is "A part of a motion picture or other audiovisual work" can be a work for hire commission however he uploaded each song by itself, in its entirety, for streaming on his channel.


I suspect that using these songs separately and across multiple videos strongly suggests that these are in fact "songs" and not "A part of a motion picture or other audiovisual work" which I interpret to mean a single work.
Songs are ineligible for work for hire.

An attorney pokes holes in Acerthorn's legal theory
No such thing as a "supplemental work exception." Both my prior answer and this one state that music isn't one of the works that can be a work made for hire. Whatever contract you have has no effect on the Copyright Office which is just a depository, it's not a judge.
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Acerthorn reveals he had some issue with the ContentID service he was using
This contract was good enough for Identifyy (a company that puts clients' songs into YouTube's Content ID system on their behalf) to accept me as the sole and exclusive copyright holder, although my attempts to sign up for their services fell through the cracks for different reasons. So I assume this contract is legally valid.
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Links from archive screenshot
https://www.avvo.com/legal-answers/5730156.html (Another Acerthorn question discussed earlier)
https://www.scotusblog.com/2022/02/...was-erroneous-to-invalidate-copyright-filing/

Post 2
avvo2.png

This one is obviously about his lawsuit against SidAlpha where the court is questioning why a defamation case between an Arkansas plaintiff and Idaho defendant should be heard in a California court. It shouldn't. Acerthorn wants to be heard in a California court because
California federal court has a lot of advantages over other districts, including the automatic right of pro se plaintiffs to have ECF access without leave of court, and a pro bono office where pro se plaintiffs can get legal advice for their case for free.
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The asker throws a tantrum in the comments which confirms to me it's Acerthorn.

Post 3
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Acerthorn asks if websites can be held liable for not removing harassing content which violates its own terms of service.
 
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MongolianMongoose said:
He says he has a "work for hire" contract with the original artist and that they are supplemental works to be used as background music in his videos.
The copyright office does have a provision that a work that is "A part of a motion picture or other audiovisual work" can be a work for hire commission however he uploaded each song by itself, in its entirety, for streaming on his channel.
Click to expand...
The TOS of fiverr is basically a work-for-hire agreement unless the individual artist specifies their own terms. So if he owns the copyright lock, stock and barrel, he could do whatever he likes with it.
 
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AnOminous said:
The TOS of fiverr is basically a work-for-hire agreement unless the individual artist specifies their own terms. So if he owns the copyright lock, stock and barrel, he could do whatever he likes with it.
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The US Copyright Office enforces what works for hire may be registered with them. Acerthorn wants copyright registration so he can pursue statutory damages.
The definition of work made for hire in the Copyright Act applies to works created on or after January 1, 1978. For works created prior to 1978, see chapter 2100 of the Compendium of U.S. Copyright Office Practices. Section 101 of the Copyright Act defines a “work made for hire” as

A. A work prepared by an employee within the scope of his or her employment

B. A work specially ordered or commissioned for use if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.
  1. as a contribution to a collective work,
  2. as a part of a motion picture or other audiovisual work,
  3. as a translation,
  4. as a supplementary work,
  5. as a compilation,
  6. as an instructional text,
  7. as a test,
  8. as answer material for a test, or
  9. as an atlas
The work must fall within one of the nine categories of works listed above that are eligible to be specially ordered or commissioned as works made for hire.
Click to expand...
Section A is not applicable to Acerthorn. These are commissioned works.
Section B Music is not on this list. An Intellectual Property Attorney raised this issue.
 
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MongolianMongoose said:
The US Copyright Office enforces what works for hire may be registered with them. Acerthorn wants copyright registration so he can pursue statutory damages.
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He's probably SOL on that but there was nothing wrong with actually posting the music in its entirety.

He does incidentally list himself as "employer for hire" and yet they (perhaps mechanically) granted his registration anyway.
Type of Work:​
Sound Recording and Music
Registration Number / Date:​
SRu001538491 / 2023-03-05
Application Title:​
Acer’s High and 9 Other Unpublished Works.
Title:​
Acer’s High and 9 Other Unpublished Works.
Description:​
Electronic file (eService)
Copyright Claimant:​
David Stebbins. Address: 123 W. Ridge Ave., Apt, Harrison, AR, 72601.
Date of Creation:​
2023
Authorship on Application:​
David Stebbins, employer for hire; Domicile: United States. Authorship: Sound Recordings and Musical Works (with or without lyrics)
Rights and Permissions:​
David Stebbins, 123 W. Ridge Ave., Apt, Harrison, AR, 72601, (870) 212-4947, acerthorn@yahoo.com
Copyright Note:​
Regarding group registration: A group of unpublished works may be registered in the same administrative class under 202.4(c) if the following requirements have been met: 1) All the works must be unpublished; 2) the group may include up to ten works; 3) a title must be provided for each work; 4) all the works must be created by the same author or the same joint authors; 5) the authorship claimed in each work must be the same; and 6) the author and claimant for each work must be the same person or organization.
Contents:​
Acer’s High.
Long Prat Fall .
Sigh of Relief.
Section of Life.
Sample of Life.
Epic Moment.
Blinding Rage.
There Is No Hope.
Smile on My Face.
Ready for Action.
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So if memory serves, the recent exchanges in this case have been roughly:

Google: "Your honor, plaintiff is a shit and shouldn't be permitted to continue IFP."
Judge: "Nah, he can keep IFP, but he needs to follow procedure."
Stabbins: "Excellent. I took a bonus shit and added it to my complaint, your honor. Please accept it."
G: "Your honor, he can't do that, he isn't supporting is arguments with citations, and he's being a shit again."
S: "STOP SAYING I NEED CITATIONS WHEN IT MAKES SENSE! I DON'T NEED TO PROVE ANYTHING! MY ARGUMENTS ARE PERFECT, YOU'RE WHAT'S IRRELEVANT, NOT MY ARGUMENTS!"

I'm honestly a little scared that this will actually get the judge to reconsider his IFP decision. Acerthorn may have a writing style that makes my brain leak out my ears the more I read it, but I always look forward to seeing the judges and corpo lawyers respond to his nonsense (sometimes with brain leaking from their ears too, I would expect). Then again, maybe he'll just take up suing people in New York or something if he loses the Cali freebies.
 
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Who needs citations when you have law and justice on your side?! Also the judge is biased and hates me and if you rule against me you’re wrong and hate the law and justice!

My favorite part now is his request for relief. $450,000 plus the computers and servers seized so they can have these infringing items removed. That includes the John Doe and Google and YouTube.

I’m very confident the judge is definitely going to grant that.
 
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Milk inspection

Docket 61 Amended complaint
Acerthorn calls his critics a bunch of "virgins in their parents' basements."
He says "polite disagreements with [his] opinions" are "not transformative."
149. Many would-be harassers insist that artists “have to learn to take criticism,” otherwise
they simply are not cut out for the creative fields. However, there is a big difference between
professional reviewers, in highly-edited and proofread reviews, published in newspapers,
periodicals, and/or TV shows, pointing out a movie's shortcomings and flaws and using specific
examples from the movie to illustrate their criticisms, versus a bunch of untrained, undisciplined
virgins in their parents' basements with nothing but a smartphone, an extreme sense of
selfentitlement, and precisely zero critical thinking skills launching vile, toxic, vulgar, line-
crossing personal insults designed solely to inflict pain towards anyone they don't like, while
hiding behind the anonymity of the Internet, simply because they can. The latter is not the least
bit conducive to the overall goals of promoting the science and useful arts. In fact, it actively
suppresses it by discouraging potential creators from creating.

150. In order for criticism to fulfill its legal role of promoting the science and useful arts, the
feedback in question has to be specific, tangible, and actionable. It has to be something that
creators can actually use in future works in order to guide and direct said works. This requires
that the criticism in question be offered with a healthy regard to the distinctions I mentioned in
Section III-2-B. Alleged “criticisms” such as calling me deranged, saying that I'm the reason why
there are warnings on bleach not to drink it, or other vulgar insults, do not in any way, shape, or
form help to improve art over time. Even relatively polite disagreements with my opinions still
do not have this quality about them if they amount to little more than simply registering their
disagreement with my opinion while offering nothing more. Such feedback, even if given
relatively politely, fails to “add value” to the original, and therefore is not transformative.
Click to expand...

Docket 63
"Court can't stop me." Google relays Acerthorn's "extortionate" email
As just the latest example, within minutes of filing his Motion for Leave to amend the
complaint in this case, Plaintiff sent an unsolicited email to Google’s counsel with the subject,
“Will you settle now?” In that email he makes a number of inflammatory and extortionate remarks,
including that Google must “be prepared to make some serious atonements!” He demands that
Google pay him nearly half a million dollars in statutory damages to which he is not entitled by
law.
Plaintiff also boasts in his email that this “Court can’t stop me” from filing new lawsuits
against Google if Google does not accede to his unreasonable demands. The Court can, by
declaring him a vexatious litigant.
Click to expand...

Docket 65
Acerthorn missed the deadline to file his case management statement. He filed one the next day.
While Defendant timely filed its separate case management statement, Plaintiff has not.
See Judge Thompson's Civil Standing Order Paragraph 12. Accordingly, Plaintiff is
ORDERED to submit a separate case management statement by Tuesday, 7/25/2023.
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Polano appeal. Motion for summary reversal denied as I predicted:
IMG_0459.jpeg
IMG_0460.jpeg
This got docketed on the lower level too:
IMG_0461.jpeg

Stebbins v Google:
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Useful_Mistake said:
Polano appeal. Motion for summary reversal denied as I predicted:
View attachment 5245687
View attachment 5245688
This got docketed on the lower level too:
View attachment 5245693

Stebbins v Google:
View attachment 5245707
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Thanks for keeping us updated on his cases. It’s a thankless job to keep an eye out for updates so thank you! I really appreciate it.

I watched Stebbins’ Universal Basic Income video and he’s got this stuff figured out. I‘m surprised the RAND institute hasn’t contacted him yet to get this implemented.

His smugness as he lays out the plan is palpable. It makes reading his legal filings better as you can hear his voice as he crafts his bulletproof arguments.
 
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