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

[AnOminous]

If you ask me it was a mistake to tie any resolution in this case to Sony.

To credit this recommendation with any sense, obviously Bennett also thought so. Maybe he was right at least on that.

 

[Sneed Force One]

I think it is still worthwhile, a ruling in favor of Cox Communication will heavily assist KiwiFarms' contributory infringement defence.

 

[Windex]

Steve Taylor managed a cafe at Ensign College, per Russell’s filing, and that’s how they met back in 2010. He claims in the same document to have asked Mr. Taylor to be a witness for him back in 2021, and that they had a falling out later that same year. We didn’t have any precise dates for these occurrences, but today I was looking for a screenshot and instead came across a review Russell posted in mid-September of 2021, giving his oft-used one star of disapproval to that very cafe. (See review screenshot and the date of the following thread comment)



We can extrapolate that this is probably when he had the falling out with the cafe manager, Steve Taylor.
(This is really neither here nor there, but I think all verifiable data points should be logged when it comes to Russell, just in case it could be useful one day.)

 

[Kosher Dill]

I think it is still worthwhile, a ruling in favor of Cox Communication will heavily assist KiwiFarms' contributory infringement defence.

Whichever way the ruling goes, it's probably more convenient for the (extremely hypothetical) trial if there's a recent Supreme Court decision saying exactly what the law is. I mean, look how much of this case has revolved around retarded judges not understanding the facts or the law.
Having the Supremes weigh in at least precludes any more 10th Circus rabbits pulled out of hats.

 

[Useful_Mistake]

Three upcoming opinion days in SCOTUS in the next two weeks. Anyone hopeful?

 

[Sneed Force One]

Having the Supremes weigh in at least precludes any more 10th Circus rabbits pulled out of hats.

I didn't know Diana Ross was such a judicial authority.
I'll see myself out

 

[Kosher Dill]

Three upcoming opinion days in SCOTUS in the next two weeks. Anyone hopeful?

Sure, they've got to do something while dragging their feet on everything that would send the NYT editorial page into a kerfuffle. Why not copyright?

I didn't know Diana Ross was such a judicial authority.

We've got the wrong Jackson on the court too.

 

[obsdj]

I just can't see Greer getting a coherent case together without lying so egregiously that this eventually gets dismissed before trial.

The key word being eventually. Eventually costs our side money.

 

[Useful_Mistake]

The key word being eventually. Eventually costs our side money.

Less than 300k that Russ wants, which is in itself a victory, however hollow

 

[mindlessobserver]

ECF 448. Magistrate recommends Motion to Dismiss be denied

View attachment 8547616
View attachment 8547615

They are STILL going on about how the book was posted on the Kiwifarms. How hard is it to explain to these boomers that the book was posted on a Google Drive, not the kiwifarms?

 

[Friend of Dorothy Parker]

Aside from the general concept of "contributory" infringement, the facts and circumstances of Sony v. Cox bear no resemblance to the fact-pattern in this dumpster fire.

Sony is attempting to create a seismic shift in the application of IP law by making an ISP responsible for "contributory" infringement by allowing alleged infringers to still access the Internet. I suppose they do kind of come off like Greer, REEEEEEEEing over the fact that they "begged" Cox in some cases "multiple" times to "do something" about those mean "infringers" - you know, as opposed to Sony actually doing something about it under the existing law by going after the infringers themselves.

Comparatively, it sounds ridiculous when you think that a victim of an alleged crime perpetrated by a criminal using a telephone should be allowed to sue the phone company for allowing the criminal to have phone service.

But, according to Sony, the tubes are "different". Recall that, supposedly, "net-'neutrality'" was going to guard against this sort of thing. But nevermind that now.

If you ask me it was a mistake to tie any resolution in this case to Sony.

I agree for the most part with your takes on this. The MtD wasn't strong, for a few reasons, and on a suit that has gone up and come back down, especially with the twists and turns and greer's "gaslighting as a legal theory & tactic," and with Cox theoretically around the corner, there would be about a 0.001% chance any MtD would have been successful.

Also, even if Cox did not exist, Barlow is not the kind of lawyer/ judge who likes to lose or be embarrassed. The large firm where he was partner (a while ago) has its roots in the Upper Midwest - yes, folks, Minnesota is/ Minnesotans are stealthily everywhere - and, though it had morphed far beyond that by the time he was a partner there, it still had a flavor of the Upper Midwest version of the patrician lawyer style - upright, correct, and risk-avoidant. That style goes doubly for anyone aiming for the Federal bench. Barlow has a pretty impeccable reputation, and being flatly reversed by a place he probably has or has had sights on almost certainly is not something he wants to repeat. The reversal suggested the appellate court not only thought Barlow was wrong but that the issue needs air time, and I think Barlow is loathe to cut it off at a 12b stage. And Bennett answers to Barlow, but what I did not like about Bennett's recommendation was the tone, which was fairly snide.

I think they also don't want to address Greer's sanctionable conduct for the same reasons, and I don't gave high hopes for a dismissal on those grounds, though Greer has done his level best to give reason to overcome that reticence. And I think silence on all of those filings so far has been to avoid having a record of repeated admonishments, because the more there are, the harder it is not to escalate the penalties. They seem to be trying to walk the line between not letting the case go completely fallow but not getting jammed into indefensible failure to address Greer's lies and misrepresentations. Yes, it's arguable they've not succeeded in balancing on the line and that the time drag is over long and injurious, but they seem to be playing for time.

[And now that I've said that, expect decisions on 27 motions this afternoon so I can be wrong in 27 ways!]

Eta: he was only at Dorsey & Whitney for a year before being called to the bench, and spent most of his career at Sidley (out of Chicago, so same concept).

 

[reptile baht spaniard rid]

The reversal suggested the appellate court not only thought Barlow was wrong but that the issue needs air time, and I think Barlow is loathe to cut it off at a 12b stage.

Was Barlow the "judge of record" or whatever it's called when Tina™ was in session? If so, that explains almost all of this; he would LOVE to see this go to trial and the original dismissal "proved correct" to shove in the appellate court's face. And why he doesn't want to dismiss it on a technicality, no matter how valid.

This is bad news for us, if true, because it means that he's NOT tardguarding for the sake of the tard, he's doing it for himself, so we will continue to see leniency extended "as far as unreasonably possible" toward Russ. It might even be why they're slow-rolling this $80 shit, because they KNOW they can't get around doing SOMETHING so they keep delaying hoping Russ will wise up and provide the damn document so they can pretend it's all moot. Judges love moot.

 

[Hunter Hearst Helmsley]

Kiwi Farms is a source of information for highly credible, major professional international news organizations. We have a valid journalistic interest in studying media such as Greer's book and music to report the news to the global community.

I think what the Guardian is trying to say is:

KIWI FARMS, A SITE KNOWN FOR DOING OUR JOB OF RESEARCH AND JOURNALISM FASTER AND BETTER THAN PEOPLE WHO GET PAID FOR IT

View attachment 8555192

https://www.theguardian.com/world/2026/feb/13/canada-school-deaths-suspect-created-shooting-simulator-roblox

https://archive.ph/P0tit

IG they had to cite the farms bc 404 did first.
Cant have pleased their troon-worshipping whipcrackers.

We can't perform this journalistic service if we (alone) are forbidden from accessing publicly posted sources of information like Google Drive folders which continue to exist without any objection from the copyright holder. What happens if Roblox says we can't link to the proof of what happened here because of copyright just because they don't like that this news may make them look bad? Important news is then suppressed.

 

[h3catoncheries]

but what I did not like about Bennett's recommendation was the tone, which was fairly snide.

Ah did you not like the
"Noooo little baby infant Attorney CHILD.
It is YOU who is (oddly, bizarrely) running headlong against the opinion of my beloved boss"?

 

[Apteryx Owenii]

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.

Doing things this way allows greer to fuck up on every motion to the point where it might get tossed or at least accidentally tie his own hands up so he can't effectively prosecute the case. If this goes to trial and KF has to just use fair use defense (as opposed to procedural issues or the fact that some of the material was never even hosted on the site!) things are unlikely to go well. The courts do not hold the same view of 'fair use' as we think they should.

In any case, I maintain that it's entirely possible Russ manages to get himself killed by some hooker he tries to woo before the whole case winds itself down. That counts as a win.

 

[Napoleon III]

Deathmarch to trial, etc ad nauseum. But we always knew this MtD was a longshot. It's not enough for Hardin to be technically correct, he has to be finally and completely correct here. I still believe Null ultimately wins this, that the tard-guarding is to get Greer through the setup, not through the merits.

The problem is Russel Greer is too fucking retarded to even complete any of the steps he needs to do in order to get to trial. Remember how long it took to get a scheduling conference going?

It's a catch 22 scenario nothing Greer does can ever be a reason to dismiss because the judges want a trial, but Greer can't manage to ever get it to trial so the case will just continue on forever until one of those two things changes.

 

[Watching Rekieta]

This is bad news for us, if true, because it means that he's NOT tardguarding for the sake of the tard, he's doing it for himself, so we will continue to see leniency extended "as far as unreasonably possible" toward Russ.

It's not bad or unsurprising. The reasoning is awful but the fact it was revived on merit by the 10th circuit means a dismissal on merit would be extremely difficult. The recommendation that flips-flops in the middle about the server test seems to reflect that reality.

There are other dismissal motions based on misconduct that are pending. I think they have more legs as the 10th has not weighed in on conduct. I think the judges recognize at least how sticky the merits are and will be more likely to dismiss on other grounds that aren't on the merits. Chin up!

 

[not william stenchever]

It's a catch 22 scenario nothing Greer does can ever be a reason to dismiss because the judges want a trial, but Greer can't manage to ever get it to trial so the case will just continue on forever until one of those two things changes.

We must imagine Sisuphus Hardin happy.

 

[Sweeter and Savoury]

On the plus side at the rate this case is going Null may be dead and buried long before Mushmouth gets an actual ruling against him.

Maybe that's the plan, drag this shit out sooo long both judges will retire so we can get a honest judge on the case.

 

[Harvey Danger]

Ah did you not like the
"Noooo little baby infant Attorney CHILD.
It is YOU who is (oddly, bizarrely) running headlong against the opinion of my beloved boss"?

It's a fair gotcha! as far as they go. Hardin was being a bit smug citing his boss, but Bennett pulled a counterpoint from later in the same case.

Now, it's fair for Hardin (or anyone else) to expect the same judge to stay consistent with his own opinion within the same case. I don't know if Hardin missed the later reversal or chose not to include it. But clearly Barlow doesn't feel constrained by such mere logic, and Bennett is ready to handle his inconsistencies.