Greer v. Moon, No. 20-cv-00647 (D. Utah Sep. 16, 2020)

[Sneed Force One]

Lets hope Greer gets overconfident on the back of this and pulls some more retard motions.

 

[DumbDude43]

who would have thought that of all the adversaries this site has, it's gonna be fucking greer who actually succeeds in bringing it down

 

[reptile baht spaniard rid]

Lets hope Greer gets overconfident on the back of this and pulls some more retard motions.

I'm hoping he takes this as an absolute win and files some insane thing about payment details right before the judge slaps him with a trout for not producing the fucking restraining order application.

 

[not william stenchever]

Lets hope Greer gets overconfident on the back of this and pulls some more retard motions.

That Hardin will have to charge Null to respond to, with judges unabashedly biased against the defendant on top of their determination to ignore the case when they can.

I'm tired, kiwibros.

 

[Pee Cola]

That Hardin will have to charge Null to respond to, with judges unabashedly biased against the defendant on top of their determination to ignore the case when they can.

Let's not forget that once this lolsuit is finally dealt with once and for all (), Null and the Farms may finally have a turn at being plaintiffs for a change.

 

[Sweeter and Savoury]

I just don't see how Null can win this case now.

Bennett has said that section 230 is no protection and that simply embedding a link to another site fulfills the prospect of a contributory copyright claim.

So what's the defence to that? It's retards as fuck but if this is how the courts rules what is Null's counter? When this goes to trial, and it will as these judges seem to be determined to bring this matter to trail come hell or high water, how does Hardin argue against something like this?

The closer I read this ruling the more fucked up it seems.

“Simply put, if a party displayed a copyrighted image that it had stored on its own systems, then it had infringed; if it displayed an image by
merely linking or framing content from other websites, then it had not infringed."

leading too

"Defendants fail to acknowledge Judge Barlow’s later opinion in the same case.86 In his subsequent opinion, Judge Barlow reconsidered his application of the server test and the issue of embedding.87 In doing so, Judge Barlow concluded that “a defendant who embeds a copyrighted
image on a webpage, without hosting the image on its servers, may infringe the copyright"

TLDR: Bennett's changed his mind and now just having a link on your site is enough to be considered contributory to copyright infringement.

I'm sorry Null, you best start saving your pennies to pay off Mushmouth's 500K award.

 

[Null]

Another Greer victory, as expected. Hardin really needs to re-think his strategy. Stop trying to get these faggots to dismiss, and instead try and accelerate towards the inevitable trial.

I mean to what end? Evidently they hate us and and are probably just going to fuck us over at trial. Greer is basically snowballing his own cum in the judge's face and he's like "mmm yes yummy more". Just total disrespect, hatred, contempt for the court and the judicial process and he does not give a fuck.

 

[Useful_Mistake]

Preserve for appeal? For what

Probably for the same reason they filed this back in the day:


It would force a effective mandatory reconsideration of the 10th's disastrous decision and may, among other things, overturn the "link = infringement" theory of Barlow's. This chance is worth its weight in gold. Also, every second away from trial is a second more Null doesn't have to risk paying 300k to Russ - the amount Null has stated that would make him close the forum (due the damage and other liabilities).

Do you actually believe that.

I believe the farms will come out victorious.

 

[Sneed Force One]

We can hope Cox Communications prevails in the Supreme Court.

"Defendants fail to acknowledge Judge Barlow’s later opinion in the same case.86 In his subsequent opinion, Judge Barlow reconsidered his application of the server test and the issue of embedding.87 In doing so, Judge Barlow concluded that “a defendant who embeds a copyrighted
image on a webpage, without hosting the image on its servers, may infringe the copyright"

This is so dumb it hurts. The wording is terrible. By this logic, I have committed copyright infringement literally thousands of times in my lifetime.

 

[Useful_Mistake]

The wording is terrible.

Even more than that, it pretty much makes every company in the United States liable for infringement.

 

[Bogliacci]

Alright so the motion to dismiss is recommended to be denied but perhaps we can have a little dismissal as a sanction recommended, Magistrate Bennett? Pretty please?

 

[Sweeter and Savoury]

Even more than that, it pretty much makes every company in the United States liable for infringement.

This is what everyone is overlooking. Bennett is basically overwriting section 230 here. The ramifications are crazy.

 

[Your Starter for 10]

I mean to what end? Evidently they hate us and and are probably just going to fuck us over at trial. This dude is literally snowballing his own cum in the judge's face and he's like "mmm yes yummy more". Just total disrespect, hatred, contempt for the court and the judicial process and he does not give a fuck.

Just to the end of saving money and time is all I am saying. This is no longer an actual legal case and Hardin should stop treating it like it is one. The best option is to stop impeding the progression of the case towards trial and stop trying for dismissal.

Anything that MUST be on record or needs to be argued to prevent an unfavorable judgement should be done in the shortest and simplest manner possible.

File for sanctions on sanctionable activity.

Other than those three things, the only filings should be to embarrass or irritate Greer.

 

[Sneed Force One]

Alright so the motion to dismiss is recommended to be denied but perhaps we can have a little dismissal as a sanction recommended, Magistrate Bennett? Pretty please?

I believe this is the next off-ramp for this case. We've yet to hear about the harassment application and Greer's lack of $82.

 

[Hunter Hearst Helmsley]

To me, it just reads as if I display an image on this site which is pulling the actual data from another site, that can still be infringment on my end. The issue that occurs to me is that what the other server serves can change at any time. I could link something non-infringing and then they change it and now I'm liable for that?

 

[Your Starter for 10]

mandatory reconsideration

Mandatory like a change of venue? Or any of the dozen other mandatory things that somehow become non-mandatory at a whim?

Look I'm not trying to doom here, I'm just urging for a shift in strategy.

 

[Sweeter and Savoury]

I would agree

Get to the inevitably biased trial so you can start the appeal process and maybe, maybe get a judge who isn't a complete asshole who sees this case for what it really is and tosses it.

I think it was just really bad luck getting Benett who seems to be willing to do anything to get this case to trial.

 

[Null]

To me, it just reads as if I display an image on this site which is pulling the actual data from another site, that can still be infringment on my end. The issue that occurs to me is that what the other server serves can change at any time. I could link something non-infringing and then they change it and now I'm liable for that?

Let me repeat: what is construed as contributory copyright infringement in this case is that I was mean to Greer when he DMCA'd it. There's a reason I don't often post DMCA's anymore. The courts have effectively gagged me from notifying my users about copyright complaints.

appeal process

lol lmao

 

[Sneed Force One]

It is still insane to me that calling a retard's DMCA retarded and publishing the fact it is retarded because you (originally) won a fucking case against it (because it was retarded) is now being used as a cudgel to wholesale bypass Section 230 and stretching contributory infringement to its conceptual extreme.
Josh Moon is effectively being punished for exercising his free speech, however caustic it may be. Judges will bend over and give themselves Anilingus at the chance to perform judicial activism.

 

[Windex]

I believe the farms will come out victorious.

So do I. Many, many months ago, Bennett advised Greer that he must produce the restraining order application/documents, or else they’d be discussing case-ending sanctions. He was ticked off at the time, because he’d believed that Russell had already provided it; finding out otherwise was unexpected, and he wasn’t thrilled.
When he finally realizes that Greer has neither produced the document nor has any intention of doing so, I believe he will dismiss the case.