- Joined
- May 26, 2020
Acerthorn's video is horrifying and he should be paying KiwiFarmers compensation for viewing it.
Skitzocow David Anthony Stebbins / Acerthorn / stebbinsd / fayettevillesdavid - Litigious autist, obese livestreamer, elder abuser, violent schizo, ladyboy importer, hot dog enjoyer, wereturkey.
- Thread starter Mister Mint
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- Nov 23, 2021
how many frivolous lolsuits has this retard filed so far? anyone got exact numbers for the amount of suits this chud filed and for how much?
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- Feb 12, 2021
New to this thread and slowly working through the pages (so apologies if this has been covered) but I have an important question. Where is this guy's chin?
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- Feb 20, 2017
He tried to sue it so it left.
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- Dec 28, 2014
That's only if you're pleading actual damages. Statutory damages do not require that.
No, he's actually directly citing the amount listed in the copyright statute for willful infringement. 17 U.S.C. § 504(c)(2). These can be pled in lieu of actually proving out damages. It's fairly rare actually to get that, but he pled at least this part correctly.
Kiwisee
kiwifarms.net
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- Apr 15, 2021
Rate me late, but isn’t this the same streamer that ate a fly during a game session on Twitch?
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- Aug 4, 2022
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- Jan 7, 2021
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- Dec 30, 2018
I don’t think it was Zell who signed the agreement not to distribute the debate video, that was the dude who debated him. Zell just allegedly went onto Acers channel and joined for $1 to download his video and then repost it here.
By paying for the video, isn’t he allowed then to watch it and it would also be fair use to discuss it? Posting it in a forum for the purposes of commenting on it and reviewing it surely straddles fair use? He didn’t do it for any monetary gain and Acer himself shows he’s not received any losses from this happening - he only has 2-3 channel subscribers so it’s obviously not taking money from him posting it here in a forum thread most people wouldn’t even know. It could be argued that by doing it Zell actually tripled his monthly income with that $1.
By paying for the video, isn’t he allowed then to watch it and it would also be fair use to discuss it? Posting it in a forum for the purposes of commenting on it and reviewing it surely straddles fair use? He didn’t do it for any monetary gain and Acer himself shows he’s not received any losses from this happening - he only has 2-3 channel subscribers so it’s obviously not taking money from him posting it here in a forum thread most people wouldn’t even know. It could be argued that by doing it Zell actually tripled his monthly income with that $1.
- Joined
- May 4, 2020
Neither he, nor anyone really commented on the video enough (if at all) to constitute fair use. Furthermore, while whole republication of materials can constitute fair use, that usually applies more to things like photos.
Unless he wants to make novel fair use arguments (and this is really not the best case for that), he should probably attempt to mitigate the damages Acer can win. One argument is playing with 17 U.S. Code § 412 (2) arguing that since it took Acer more than months since the publication to register his work, 504 and 505 damages should not apply. Acer published his livestream on June 25. By August 23rd it was not yet granted. It is entirely possible that it wasn't granted for another month as we only noticed it being granted recently (on friday) (and the copyright office shows only the registration submission date, not approval date). That argument, of course fails, given that 412 is concerned with "effective date of [the work's] registration" which is defined by 17 U.S. Code § 410 (d) as "the day on which an application, deposit, and fee, which are later determined by the Register of Copyrights or by a court of competent jurisdiction to be acceptable for registration, have all been received in the Copyright Office."
There are certainly possible moves to be made (some perhaps way better than this one), but Zell is not in an enviable position.
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- Jan 14, 2022
At least three dozens lmao, as for how much, OP has most of it. Considering that a couple of them were at trillions, most of the rest are so miniscule in comparison that they don't matter in a grand scheme. Youtubers lolsuit reached 3.2 millions
Nah, it does not. He posted a video with no editing or commentary. Reaction to it usually does not matter. By doing it he effectively made it so anyone watching it here effectively pirated it because otherwise they would not have access without paying first.
He wasn't the one, that is correct. Debater and Zell do not have a connection and are not the same person
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- Dec 28, 2014
Well, that's not as bad because then at least he had legitimate access. That doesn't ratify everything he later did with it though.
It's an argument that makes sense, so of course it's not how copyright law works. At least I've never seen such an argument prevail, although many people in similar situations have made it.
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- Dec 30, 2018
Also, can they prove that Kiwifarms ZellZander is the same person that bought the video from his channel? YouTube IncediarySalt (I think his name was), was not the only person with access to the video. There’s at least 3 channel members who all could have downloaded it then put it anywhere for anyone to get and upload here. He has no actual proof the KF Zell is the person he got subpoenaed beyond “that’s the most likely case”, but without actual proof that they’re the same person I’m not sure it’s enough if he fights it. KF Zell maybe shot himself in the foot with his posts and emails depending on what he said exactly.
I would obviously seek legal advice if I was him, but if an attorney drafted up a motion to dismiss based on the flimsiness of that, the history of frivolous lawsuits and motions that all lost then I’m guessing Acer would dig himself a hole with 27 reply motions, motions for leaves to supplement the motions, and full of angry rants about online haters and obscure legal references.
I would obviously seek legal advice if I was him, but if an attorney drafted up a motion to dismiss based on the flimsiness of that, the history of frivolous lawsuits and motions that all lost then I’m guessing Acer would dig himself a hole with 27 reply motions, motions for leaves to supplement the motions, and full of angry rants about online haters and obscure legal references.
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- May 4, 2020
Zell, in his infinite wisdom, has admitted to being the one to both pay, and upload it here. That's one of the big points in Acer's lawsuit
Enclave Emily
kiwifarms.net
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- Apr 11, 2022
His "contracts" are copy pasted discord messages in which he *still* hasn't noticed that he copy pasted that contract from back when he talked to me. The problem with this is that there are specific references to the Portuguese Republic in which he presumes the one who's signing is from Portugal. If this was done during the summer, i'm willing to wager a bet that he still hasn't changed it, as i know he sent it to non-PT people back when he was starting to enter into debates with us. I don't have it saved but yeah, i don't think this counts.
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- Dec 28, 2014
It's actually not as relevant as I thought because he never would have had a co-authorship of the material in the first place.
ChooChooChooseMe
kiwifarms.net
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- Sep 12, 2021
N
Not sued, but sued successfully. Getting sued with no merit and in a way that makes a lolcow look like an idiot seems pretty much run of the mill
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- May 4, 2020
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- Jun 24, 2020
Drug dealers and fugitives run amok because the US Marshals are busy serving subpoenas on behalf of fly-eating baldcel spastics.
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- Dec 13, 2022
Why the hell are US Marshalls serving paperwork on a civil case? Excellent use of resources as always feds.