I have been going through the filings again and I must say that this entire thing is such a massive unforced error, it is hard to put into words.
The Reddit Jannies basically presented evidence and reasons why the court should deny the motion and allow the subpoena to go through.
And they did not even let Ethan file the motion in which evidence is presented why the Copyright case is legit, they did it all themselves in an attempt to preemptively argue against what we (the commentators in this thread) have been discussing since Kacey settled.
They want to introduce the Kaceytron Apology video, but already argue that its content is both evidence for TEI being malicious, and at the same time that the things Kacey says cannot be taken at face value. They are trying to cherry pick the parts they like, interpret other parts in the worst possible way for Ethan, and outright dismiss other parts because "Kacey is not qualified". Here is what I am talking about.
"While Kaceytron’s Apology Video speaks for itself, it also says more about TEI’s motivations and intentions for future actions to unmask Does. Specifically, it shows TEI is using heavy legal/financial pressure to force its critics to recant, align with TEI, and assist in pursuing others (i.e., Does) in exchange for settlement."
Jannies argue the video "speaks for itself", then proceed to tell you what it says and interpret the content in their favor. (so it does not speak for itself then?)
"No reasonable person could view this Apology Video as a genuine apology as opposed to a capitulation to legal threats, doxing, and harassment. This evidence belies TEI’s position that its primary goal with these subpoenas is to combat copyright infringement."
They pitch the idea that everyone should interpret the video as Kacey capitulating to "[...]harassment", and only an unreasonable person could infer anything else. (lol, the video really does not speak for itself then?) This is a very reddit-brained argument: "everyone who does not agree with me is unreasonable".
"Moreover, in her Apology Video, Kacey changes her story: Kaceytron previously stated that she does not believe she committed contributory copyright infringement, and knows nothing about the h3snark Subreddit or its moderators."
Right, every defendant should make a video in which they admit their wrongdoing, BEFORE signing a settlement agreement. Kacey projected confidence and at least tried to look tough to her audience to have better chances to fundraise the cost of the legal battle.
"In her Apology Video, she states that she did commit copyright infringement (a legal conclusion she is not qualified to make)[...]"
Your absolute retards. You are trying to admit video evidence of a co-defendant in one of the lawsuits admitting to copyright infringement you supposedly contributed to. Why the fuck would you do that? It is irrelevant if Kacey is qualified to make the legal conclusion, she is a defendant who admitted exactly what she was accused off. The court evaluates how if the plaintiff has a case to make their ruling, the Jannies just admitted evidence against themselves.
"All of Kaceytron’s statements may thus be used to impeach her credibility in any statements against Does"
You may cross her on the stand during the actual case in front of a jury.
"a. Harassing responses. TEI’s supporters immediately reacted in hateful ways, attacking Kacey, praising her downfall and financial ruin, and gleefully heralding the anticipated forthcoming ruination of Does."
Schadenfreude is protected speech.
Go fuck yourself Jannie. I hope you go bankrupt. (From losing this completely righteous lawsuit)
EDIT: If you feel harassed by my opinion posted on a obscure website with minimal reach, I recommend: