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

[DavidS877]

A valid concern- fair warning, I asked Claude to research this question, so it could be way off.

To start, as both a party and counsel Shitlips has a right to attend all depositions. (As does Hardin and Dear Feeder.) They can attend remotely. His ability to do much to muck up depositions is limited. He can't object to Hardin's questions other than for himself, and even then only to form, and he still has to answer. He will still fuck this up, get sanctioned and still have to do it.

In terms of the place of depositions, they can't be placed in locations too far from the witness. Null has to be deposed near whatever swamp he lives in. The Brothel King has to be deposed in Las Vegas. Other witnesses cannot be asked to go more than 100 miles, and everyone needs to be compensated for travel.

As to the timing, Greertard has some rights to object to the timing, but it has to be for good cause- long scheduled vacation, medical procedure, death in the family. I don't know how it would work with pro se litigants and "I have to work." Also, the history of the litigant matters too- Greee's history of being a fuckup should be weighed as part of judging any scheduling dispute. Since he can attend remotely, the location matters less. Also, how reasonable he was in resolving the dispute matters- and given this shitbird's history of flatly objecting to everything, I doubt he will be much reasonable. The witness' schedule also weighs heavily in the dispute.

I suspect it we get that far, Greer will likely fuck it all up even more, and get stacked with adverse inferences.

I wonder if Null can decline to do his remotely and force Greer to travel to the swamp.
As usual I mostly answered my own question. FRCP 30 b 4

So, if the defendants object and request it be in-person then Gree needs to make a motion and get it approved if he doesn't want to travel in person to a swamp adjacent location.

 

[HackerX]

If I was trying to explain it to my father I’d say something like “a Kiwi Farms user posted a comment that included a link to an unrelated site. Clicking the link would take users to this unrelated site, where a copy of Plaintiff’s book had been uploaded. Nobody ever uploaded Plaintiff’s book to the Kiwi Farms”.

I actually wrote a bit of a deranged fantasy about this (see my quote, which I'm fucking embedding into my post!!!! below.)

- If a file is hosted by Google, like this file.... right? <Mouses around over file>

- And Google is the only entity who can take action on Google's platform....right? <Mouses around over ToS and contact forms>

- And the plaintiff is suing a website over a URL pointing to Google....right? <Mouses around over book post>

- And the plaintiff is admittedly aware he could have gotten the file taken down, the file he's suing over, if he contacted Google, but the plaintiff explicitly stated he wouldn't do that because he knows it'd resolve his issue.... right? <Clicks around ECF's aimlessly>

- Hence demonstrating that it's actually Google who are the only ones that can do anything and are solely responsible, and not the website being sued....right? <Autistic clicking>

- Then how do you not only allow this copyright case(?) to continue, but refuse to make a Google a party??? <Waving mouse around in the air)

tl;dr - It's centered around locking one or both judges in a room with a computer while I pry their eyes open A Clockwork Orange style (see image below for reference) and walk them through how the Internet works for the circumstances revolving around this case. In this fantasy, I hear my voice dripping with the frustration, sarcasm, sickening amusement, and dumbfoundedness all simultaneously. The type of tone that could only come from someone who's worked within at least two degrees of separation of IT for their entire adult life.

Now I know I need to include "embed" on the list. The thing that irritates me most, beyond all else is, I want to hear their explanation as to how what they say or write (this ruling for example) makes coherent, logical sense to them. I get it. They're boomers who probably believe PASSword12345!@#$% is the most secure, complex password ever and assume every Goddamn reason they're computer slowly is because of a virus. Trust me, I understand!

However, considering they're in the positions they are in AND to be this wrong by every technical definition on things like the word 'embed', I need to understand their understanding. All so I can just politely explain (my plights) and walk them through the massive, fundamental differences between what they say and what they mean when it comes to relatively technical jargon they clearly don't comprehend correctly. (Even though 'embed' or 'embedded' isn't even jargon FFS. I thought the legal profession revolved around technically correct being the best kind of correct???.)

Videoing depositions isn't very expensive. and is just a good idea- in case a witness can't be called, you can show the video. I doubt neither Hardin nor Null would be concerned about a few bucks to have Greer's testimony on film.

Making the very brave and bold assumption this case ever enters discovery, reaching point of depositions ( incoming), I consider getting it on video a moral, ethical, and spiritual obligation. If that's an option and Null or Hardin declines the opportunity, I'll be very very mad at them. So, so, so mad, I don't even know what I'll do because I'm so mad!!!!

My bigger concern with any sort of deposition is that Russ will be entitled to attend them all, just getting him to agree to a time/date will be like pulling teeth and then he'll sabotage the depositions by ignoring procedural rules when they do happen.

I wonder if Russ's willful recalcitrance would be treated any differently considering it implies this case has reached a stage where it might actually get to trial. I imagine Russ playing fuck fuck games right now is kinda handwaved away because the legal system interprets it like neither party has really committed all that many resources yet in most circumstances. Obviously not this one since we're deathmarching to year six (wooooaaaahhhhh buddddaaayyyyy), but wouldn't there be a theoretical schedule derived from the party's discovery which they both mutually agreed upon?

They’re in such short supply that the jury trial I was on had the judge interrupt the trial to thank his stenographer and advertise being one as they needed more.

This reminds me I need to Google or YouTube how stenographers type on stenotypes. It's one of those things I've always been curious, but have never really remembered to look into it.

 

[obsdj]

They're boomers who probably believe PASSword12345!@#$% is the most secure, complex password ever and assume every Goddamn reason they're computer slowly is because of a virus.

Barlow and Bennett are both Gen Xers who should fucking know better. I don't actually know how old Hardin is, but with that baby face there's no way he's a boomer.

 

[AnOminous]

There seems to be a lot of people making the same mistake on this point, so I did at least enough research to maybe not be retarded, so here goes.

Hardin also raised the issue of summary judgment considering Russ has admitted he has no evidence whatsoever and no witnesses, and Bennett completely ignored it.

 

[Terrifik]

I guess copium mines opened

https://x.com/i/status/2023112330314129621

Human lawyer tax.

https://storage.courtlistener.com/recap/gov.uscourts.nysd.652138/gov.uscourts.nysd.652138.22.0.pdf

 

[Dixieland Buckaroo]

Videoing depositions isn't very expensive. and is just a good idea- in case a witness can't be called, you can show the video. I doubt neither Hardin nor Null would be concerned about a few bucks to have Greer's testimony on film.

We know of at least one potential witness in this case who's ended up dead somehow. (Time machine may or may not have been used.)

 

[mindlessobserver]

I guess copium mines opened

https://x.com/i/status/2023112330314129621

View attachment 8566087
Human lawyer tax.

Hardin can do the funniest thing

 

[Harvey Danger]

Hardin also raised the issue of summary judgment considering Russ has admitted he has no evidence whatsoever and no witnesses, and Bennett completely ignored it.

He ignored the offer to jump to SJ, but his recommendation indicated he expects these arguments in a SJ motion, not MtD. In the hearings he also acted like he expects Hardin to set up everything for eventual SJ.

This suit has already bounced to appeals and back, to Florida and back. Bennett trying to tard wrangle the suit past discovery isn't really radical or outrageous, he's trying to show some semblance of progress before it goes back up to the 10th for round 3. I hope Barlow gets pissed enough at Russ to throw it out for discovery fuckery anyway, but SJ+crippling sanctions isn't a bad second-best option.

 

[AnOminous]

Bennett trying to tard wrangle the suit past discovery isn't really radical or outrageous, he's trying to show some semblance of progress before it goes back up to the 10th for round 3.

I'll also note that bowtied faggot is the only "judge" who has been in this from the very beginning. Almost everything wrong with how this case has been handled is his doing.

 

[Harvey Danger]

I'll also note that bowtied faggot is the only "judge" who has been in this from the very beginning. Almost everything wrong with how this case has been handled is his doing.

You have to play the tards you're dealt.

 

[obsdj]

You have to play the tards you're dealt.

When you are dealt repeated and blatant opportunities to shut down the retarded Dipshitforlips who brought the suit in the first place by sanctioning him for his repeated and blatant misconduct and you choose to just ignore it, you're choosing to be just as retarded, like Austin Powers hitting on 18.

 

[Sweeter and Savoury]

Mushmouth lacks any capacity to do any kind of dispositions. How is he going to do it? Even with these crooked judges holding his hands through out the whole procedure Greee just doesn't have the funds or ability to get it done.

Which means he will 100% rely on plightsperging when the time for a trial comes, hopefully Hardin will be able to shut that shit down but this case is so fucking murky I have no clue. Other then bitching that the ebil Kiwi Farms, a site with a kill counter, made fun of his DMCA request when Jersh posted it...what else does the retard have as evidence?

In the end this really comes down to if Jersh posting the fucking DMCA request is actually contributory copyright infringement so if you get a decent jury they will do the right thing and say fuck no, posting a legal request does not somehow magically make it copyright infringement.

I dunno, after sleeping on it a few nights I still think the judges are out to get Jersh but I don't think all hope is lost. Russtard just does not have the ability to bring this case to fruition.

 

[HTTP Error 404]

I wonder if the unspoken thing here is that by mocking the DMCAs, which are a holy writ from the cathedral that peasants like us must respect by order of we must respect the cathedral, Josh de-facto mocked the cathedral and is being punished by the cathedral for said mockery.

 

[reptile baht spaniard rid]

When you are dealt repeated and blatant opportunities to shut down the retarded Dipshitforlips who brought the suit in the first place by sanctioning him for his repeated and blatant misconduct and you choose to just ignore it, you're choosing to be just as retarded, like Austin Powers hitting on 18.

I still think the explanation of "they want to take it trial on the merits because muh tantrum" combined with "if we do sanction this shit to the shadow realm, we want it so obvious that we bent over backwards for the retard that if the appeals court overturns it Thomas will bust in like the koolaid man and wring their necks" fits decently well.

Remember that in most cases, especially civil cases, time and money are not things the court considers "irreversible damage" - because they operate in a la-la land where time can be compensated with money, and everyone has infinite moneydollars to spend on sanctions and awards.

 

[Harvey Danger]

I wonder if the unspoken thing here is that by mocking the DMCAs, which are a holy writ from the cathedral that peasants like us must respect by order of we must respect the cathedral, Josh de-facto mocked the cathedral and is being punished by the cathedral for said mockery.

I don't think a handful of judges in Utah federal court are really in sacrosanct awe of the DMCA. It certainly didn't impress Tina Campbell.

Spoiler: the 10th's gambit

Giving the 10th the most generous reading of intent, they're identifying an intent for websites to only be protected until they are made aware of a legitimate copyright violation. Sending a DMCA notice on its own isn't enough, getting a boilerplate response from an email isn't enough, even rejecting the claim isn't enough to pierce that protection.

Instead, they posit a class or case where a website owner, thoroughly and personally aware of the situation, does become liable. The threshold for that is not defined in legislation or litigation. But for Null to correspond back and forth, then post the notice publicly, definitely shows awareness. That cracks open a way for the 10th to say, given an indisputably informed ooperator, it is plausible that Greer can argue liability to the point of contributing to harm.

The whole thing falls apart if there's no copyright infringement. Being aware of fair use criticism is not contributory to any infringement. But, as Bennett just pointed out, at this point they are required to take Greer's version of facts as true. And Greer is claiming underlying infringement. (I don't think he did so sufficiently in his original complaint, but then we're back to judges not understanding technology.)

TL;DR if there's any kind of motive by The System, it is in establishing a threshold for holding websites liable. Otherwise it's just a slow-motion pre-discovery motion practice, requiring a specific point before it can be tossed. Run that through infinite Greetardation and you get this docket.

 

[LOWERCASE LETTERS]

They’re in such short supply that the jury trial I was on had the judge interrupt the trial to thank his stenographer and advertise being one as they needed more.

Why is that the case? Isn't it a piss easy job? Just type everything that is said.

 

[reptile baht spaniard rid]

Why is that the case? Isn't it a piss easy job? Just type everything that is said.

Because it takes a special skill to be able to transcribe that fast, and is basically a college degree, and you start at like $40k a year.

But if you have the ability it's steady work and reliable.

 

[Emanems]

The Brothel King has to be deposed in Las Vegas. Other witnesses cannot be asked to go more than 100 miles, and everyone needs to be compensated for travel.

I am constantly reminded that our Prince still hasn't provided the court with a real address yet, has he?

I don't know, it's funny for me to think this far ahead when the court doesn't even know that. Yet here we are 5+ years later.

 

[Bill Evans 45]

The type of tone that could only come from someone who's worked within at least two degrees of separation of IT for their entire adult life.

Deep, deep feels on this.

This reminds me I need to Google or YouTube how stenographers type on stenotypes

It's on my list now that I've finally got an answer to 'How the fuck do you discover that you'd be a good pole jumper?'. Supposedly each stenographer has a signature way of using the machine which is almost as good an identifier as a fingerprint.

if you get a decent jury they will do the right thing and say fuck no, posting a legal request does not somehow magically make it copyright infringement.

Young Billy did jury service, Never, ever underestimate the ignorance, impatience, herd mentality, gullibility and flat out stupidity of the general public. There should be comprehensive testing before you're allowed to make a decision about the future of a total stranger.

As to depositions, look on YouTube channel Audit The Court (I'm not linking in case I get sued for contributory copyright infringement) for notorious lawyer Robert Abrams bring deposed. It'll give you an insight into the deposition process and so much more. He's as recalcitrant as Russ but in a more legally qualified, flamboyant and drug fuelled manner.

 

[DumbDude43]

Why is that the case? Isn't it a piss easy job? Just type everything that is said.

it's not "just type bro"

you need to follow spoken conversations in real time and type every word that is said, you have to be very fast and extremely reliable at typing to do this properly, and you need a high degree of familiarity with court proceedings and legal jargon in order to not get stumped and thronw off all the time.