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

[DavidS877]

In the matter of Stabby v. Baz.

39. Court says: show us the ebidance.
40, Stabby says: Please may I file under seal so my songs, videos and the videos of the defendants are not public.
41. Court says: yes, you may file songs under seal. But then says what we're all thinking, why would you need to seal the videos already made public by Stabby and Baz?

 

[Sweeter and Savoury]

Well I guess old Mr Stabby is finally going to get that default judgment he's been lusting after for all these decades

I do wonder if the court will just phone it in and allow Stabby max damages because the defendant lives in fucking Brazil and knows collecting will be almost impossible or if they will do the funny and give something much much lower.

I do eagerly await Stabby's attempts to navigate the Brazilian justice system, not knowing a lick of Spanish will definitely not cause him issues. Hopefully we can find some way to track his attempts in Brazil.

I also think it was a bad call on Baz's part to let this slide Stabby will not give up trying to collect, ever, and who knows maybe one day in the far future Baz will find himself having to actually pay out out hundreds of thousands of dollars to our favorite gobbler. Stabby never gives up, he never relents and he will spend his worthless days trying to make Baz pay every red cent plus interest he's owed.

He's like a terminator; if that terminator was fat, retarded and autistic

 

[obliviousbeard]

I do eagerly await Stabby's attempts to navigate the Brazilian justice system, not knowing a lick of Spanish will definitely not cause him issues.

Well, given they speak portoguese in there I am sure stabby will be fine.

 

[The Un-Clit]

NGL I am eagerly awaiting the appeal.

It was dismissed with prejudice. Dosent that mean he can't appeal? Or just that he can't re-file it with different words?

 

[TurboNAS]

It was dismissed with prejudice. Dosent that mean he can't appeal? Or just that he can't re-file it with different words?

He can’t refile the case. He has a right to appeal the decision.

 

[The Un-Clit]

He can’t refile the case. He has a right to appeal the decision.

Thank you. Then I too, am eagerly awaiting the appeal.

 

[Seria]

Well I guess old Mr Stabby is finally going to get that default judgment he's been lusting after for all these decades

I do wonder if the court will just phone it in and allow Stabby max damages because the defendant lives in fucking Brazil and knows collecting will be almost impossible or if they will do the funny and give something much much lower.

It looks to me like the court wants to check the videos actually. I wonder if they see that they are fair use and dont give david anything. Why else would the court want to have all the proof before they give a default judgement ?

 

[DavidS877]

It looks to me like the court wants to check the videos actually. I wonder if they see that they are fair use and dont give david anything. Why else would the court want to have all the proof before they give a default judgement ?

The implication was to compute damages. Would be funny as hell if the judge says, "default judgement" and awards Stabby $0.

 

[Sweeter and Savoury]

This would be my guess too

The judge wants to see what's what as Stabby is asking for full statutory damages (of course)

so in his eyes this video that less then 10 people watched is worth 175K and since he's an IFP plaintiff I'm sure that raises some questions for her. Why this one You Tube video should be worth so much money.

I do feel for the clerk that has to sit though several hours of Stabby's heavy breathing, power sighs and vocal fry all to find out that the video and songs in question are nothing more then slop.

Now I don't remember exactly who Baz is as Stabby was on a suing spree at the time but I would assume he's someone who critiqued Stabby's lame videos and Stabby got pissed as he does.

But I do think it be really really really funny if the judge does give Stabby his coveted win only to determine an award of like $5.00.

 

[Harvey Danger]

41. Court says: yes, you may file songs under seal. But then says what we're all thinking, why would you need to seal the videos already made public by Stabby and Baz?

I think that's a grammar thing. Court was saying they grant what they think Stabby was asking (seal the clean version of his songs). But they are interpreting the sealing request to only apply to songs, not the videos, and so the videos aren't under seal.

That's probably a good thing, because the public shouldn't trust this bastard to file proper versions of the infringing videos. I wouldn't put it past him to file an edited supercut of only "infringing" segments to make Baz look bad.

 

[Teshub]

Assuming stabby gets any damages from the case against baz. What would be the process for collecting? US courts cant enforce a judgement against someone not in the country. So he would have to get a court in Brazil to enforce it, correct? Would he have to file a new suit in Brazil's courts with the default judgement in hand or relitigate it. I don't see how a foreign court would allow a citizen to get hit with a default judgment from another country. And was baz even properly served under Brazilian law would be another question I have.

 

[Sweeter and Savoury]

I did a little, very little cuz I don't care that much, digging into the process. So here's the summary for everyone's convenience. I think the 2nd to last point will be a bit of a sticker if Baz decides to fight as he could very easily say he never got service as Stabby failed each time until the judge just said ok I guess email service will have to do.

enjoy!

To enforce a U.S. judgment against someone living in Brazil, you'll need to go through a process called "homologação de sentença estrangeira" (homologation of a foreign judgment) in the Brazilian court system. This involves seeking recognition and enforcement of the U.S. judgment by the Brazilian Superior Court of Justice (STJ).


Here's a breakdown of the process:
1. Recognition by the Brazilian Court (STJ):

• Initiate the Process:
  You'll need to file a lawsuit with the STJ, the Brazilian court responsible for recognizing foreign judgments.
• Documents Required:
  You'll need to provide certified translations of the U.S. court order and proof that the debtor was properly served in the original U.S. case.
• STJ's Review:
  The STJ will examine whether the U.S. court had proper jurisdiction and if due process was followed. They will not review the merits of the case itself.
• Exclusive Jurisdiction:
  If the case falls under the exclusive jurisdiction of Brazilian courts (e.g., related to Brazilian property), the STJ will not recognize the foreign judgment.
  

2. Enforcement:

• Once Recognized:
  If the STJ recognizes the U.S. judgment, it will be enforceable in Brazil, similar to a Brazilian judgment.
  

• Local Enforcement:
  You'll need to work with Brazilian attorneys to pursue enforcement measures in Brazil, such as seizing assets or bank accounts.
  
  

Important Considerations:

• Attorney in Brazil:
  You'll need to retain a Brazilian attorney to represent you in the STJ and during the enforcement process.

• Demonstrating that the debtor was properly served and had an opportunity to defend themselves is essential for recognition.
  Reciprocity:
  While Brazil generally recognizes foreign judgments, it's helpful to know if there's a reciprocity agreement between the U.S. and Brazil regarding judgment enforcement.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

 

[DavidS877]

proof that the debtor was properly served in the original U.S. case.

Since the original service was never confirmed through the Brazilian authorities it might end right here. Also it will likely cost Stabby a fortune to collect so if the award is small it may still be a loss.

 

[TooManyKittens]

Since the original service was never confirmed through the Brazilian authorities it might end right here. Also it will likely cost Stabby a fortune to collect so if the award is small it may still be a loss.

Yeah but when has that stopped stabby. Hell just sue again for the hassle of getting his award and ask the other party be held in contempt and jailed by the US. His behavior over less than $5 a payment from zellzander proves he's got no ability to weigh cost risk or reward

 

[Sweeter and Savoury]

Yeah but when has that stopped stabby. Hell just sue again for the hassle of getting his award and ask the other party be held in contempt and jailed by the US. His behavior over less than $5 a payment from zellzander proves he's got no ability to weigh cost risk or reward

well in Stabby's defence that $5 is a week worth of hotdogs for him.

Those are some serious stakes

 

[MongolianMongoose]

"The Court does not understand Stebbins's present Motion as seeking to seal either his own or Defendant's video files, which either are or were available for public viewing on YouTube."

I'm excited for the Court to finally take notice that Baz didn't reupload 10 copyright songs but instead criticized a video booby trapped with 10 songs.
It's so obvious this isn't how the law works that it's incredible this ruse has gone on so long in multiple cases. Acer, why not get more money by booby trapping your terrible videos with 20 songs? Why not 100?
Acer probably and unfortunately would have more success if he followed other lawsuits examples instead of trying these new and original, but unbelievably stupid, tactics.

And be sure to remind the Court you're claiming your songs and videos are still somehow "unpublished". That will clear up the misunderstanding.

 

[CabbageTheSnackThatSlaps]

New filing in the Baz case. The td;lr is that Stabby wants to file his publically viewable videos that are readily available on his YouTube under seal so he can keep gaining pennies for views.

 

[Sweeter and Savoury]

New filing in the Baz case. The td;lr is that Stabby wants to file his publically viewable videos that are readily available on his YouTube under seal so he can keep gaining pennies for views.

View attachment 7605354

ah I see Stabby is still pushing the "he used every single second of my video so thus it cannot be fair use!!" line of attack. I bet he will not submit the whole of Baz'z video but rather a choice selection of clips.

Well it failed in the last case, maybe the judge will fall for it this time right Stabs?

It's Baz's mistake that he doesn't just point out his video is indeed fair use and submit the full video rather then the deliberately chosen snippets you know Stabby will try to pass off as evidence.

 

[WTBOnlineFather]

New filing in the Baz case. The td;lr is that Stabby wants to file his publically viewable videos that are readily available on his YouTube under seal so he can keep gaining pennies for views.

View attachment 7605354

Does anyone else want to bet that his sperging about "watch time" and "view count" was spurred on by H3H3 suing react hoes from the Hasansphere for hurting his ad revenue?

 

[Sweeter and Savoury]

Stabby can't be making much if any money off his videos

He gets on average around 300 views over the last year. Can that low level even be monitzied?

The only shit that break a thousand views is his obvious rage bait ones and none of them are even past 1.2K after a year.

I mean....how much money can he actual be pulling in?