Greer really has made an excellent first impression. Too bad Josh... is the nigger,,, of the world! But we all knew SCOTUS was lofty, but was still very cool to try!
Also not an entirely wasted effort now that this case is in the 11th circuit. The Defendant has already shown a full willingness to escalate this retard case to the Supreme Court. The 10th circuit dodged the bullet. But there is no guarantee is Greer v. Moon does not appear AGAIN in a request for Writ for Certiorari, this time from a completely different Federal Circuit. Hand waving it away from the 10th is meaningless. Hand Waving it away from the 11th is precedent, because the Supreme Court would be affirming the facts of the case in two different Federal Circuits and thus establishing De Facto precedent by failure to address the issues.
Another fun reason why its a bad idea to let cases escape a circuit court once its been escalated to the appellate level.
The Supreme Court petition was not a wasted effort. The 11th Circuit must now address this issue, because the 10th circuit position is affirmed by the Supreme Court. They must affirm the 10th circuit opinion that defendants must state affirmative defenses at the 12b(6) stage, that receipt of a DMCA imparts strict liability on contributory infringement, and reposting a DMCA is not protected by the 1st amendment. or create circuit split. Or, they must get rid of the case as expeditiously as possible and in a manner that does not even hint at creating hard circuit split that will require yet another another appeal in the Case of Greer v. Moon, this time on appeal for Writ of Certiorari to the 11th Circuit of the United States.
The SCOTUS will have a very hard time ignoring that, because as stated. They would be asked to affirm by not addressing the same fact pattern again in an entirely separate federal district. Ignoring it once can be hand waved away. Ignoring it twice means Copyright trumps the 1st amendment by law.
Lets also not forget the Acerthrone case, which introduced the 10th circuit decision right out the gate in the complaint to the 4th Circuit for the Southern District of West Virginia by requiring the 4th circuit take judicial notice of the 10ths decision, that because Null reposted the DMCA he incurred strict liability and also did so outside the boundaries of constitutional speech protections.
I suppose the law clerks didn't do enough research. This is not over. The SCOTUS is going to see this case again. Either from the 11th or 4th. I suppose they can spend the next few years thinking about it, because mark my words. It's going to come back. Either in totality or as reference.