🔗 Crossover @endomorphosis / Benjamin Jay Barber - Some revenge pornographer from Oregon is gunt guarding.

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endomorphosis said:
Nice shifting the goalpost, first it was that copyright DOESNT preempt criminal law, now its another set ill informed arguments, but i at least applaud you in a little effort posting.

He did not go through the two step copyright preemption test which is required, and moreover this is dicta, because it was dismissed on younger/heck grounds without prejudice, and in fact this is exactly contradicted by 9th circuit holdings, go back and read the memorandum.

see e.g. Maloney v. T3Media, Inc., 853 F. 3d 1004, 1019 - Court of Appeals, 9th Circuit 2017
"Plaintiffs' publicity-right claims and the derivative UCL claim challenge "control of the artistic work itself." Laws, 448 F.3d at 1142. Pursuant to Laws, the subject matter of the state law claims therefore falls within the subject matter of copyright."


Younger and Heck are abstention doctrines, that do not allow you to bypass the state court, except in extraordinary circumstances, until you exhaust your state remedies. The state has been procedurally delaying the exhaustion of those remedies for so many years, again due in part because they don't hire enough lawyers, for example 3 years for the state to have a hearing over the post conviction relief petition after it was filed.

Moreover, the reason why i couldn't provide evidence of the copyright, was that I was unable to get the copyright registry from the copyright office, while i was sitting in jail. The Washington county jail itself also does not even have a set of federal reporters and federal laws in its law library, so it was difficult if not impossible for me to make the arguments i wanted, It took until 2020 for the jail to purchase law library computers, because the loss of the case was a direct result of them not having the reference material.

Regarding the rest of the stuff, I was trying to preserve my claims, so that I would not lose the statute of limitations, I thought it was kind of fucked up the state mandated my wife study this critical theory in school, and she went kind of nuts and shaved her head bald, and started accusing her brother, her ex boyfriend, and her ex boyfriends best friend of raping her. That in fact she has learned that she has Stockholm syndrome, and that she has been a lesbian her entire life, and trying to attempt suicide. Moreover when I forced her into therapy (provided by the school), the school handed me a bunch of critical theory bullshit in therapy with her, and eventually my wife moved in with her therapist.
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Your arrogance in thinking your opinion matters is astounding. Would-be autodidacts are a pox on every profession but autists trying to pimp their five dollar legal words are particularly insufferable.
 
MeltyTW said:
well obviously there is recourse because you lost, tough luck. also no you told me that she did other sexual things so that further justified you releasing a different sexual image. you cant just release revenge porn of one image because they had also done public orgies or whatever.

Also no a rinky dink homemade porn tape isnt commercial afaik you need actual oversight before its anything more than a naughty home movie regardless if you intended it to be porn studio tier, the fact you needed to try and copyright it after the fact shows how amateur it was.
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Again it shows how utterly retarded you (and the judge) is, copyright exists when an image is fixed to a tangible medium of express, a REGISTRATION with the copyright office, is required to seek statutory damages, and is prima facia evidence of ownership of copyright. However, my ex admitted that I was the author, so therefore, there is no contested issue of fact, that I am the copyright owner.


Moreover, it doesn't matter whether i form a LLC or not, it doesn't mean its not made for commercial purpose, when she admits that we made porn to make money. This is literally an element in the statute itself, but the retarded lawyers conveniently forgot to include that portion of the statute in the jury instructions, or even raise the issue.
 
You guys just aren't profoundly gifted enough to understand him.

2022-05-01 00_44_52-Window.png
 
endomorphosis said:
View attachment 3235302
Here is proof i filed a copyright,

View attachment 3235305
Moreover I would like to note, that Judge Acosta, is an obama appointee, who once advocated that we needed more affirmative action for judges like him, so that we could have "more equal equality", which reminded me at the time of George Orwell's Animal Farm "some people are equal, but some are more equal than others"
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Nigga, it doesn't matter if he's an Obummer appointee when you are full of shit and have lost every case put in front of them.
 
FujiWuji said:
You guys just aren't profoundly gifted enough to understand him.

View attachment 3235331
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Thats weird, its either a photoshop, or someone else using the same name, there was some dude online who wanted me to relinquish to him this handle, because he wanted to use it, because he apparently thought i wasn't using it. it also appears likely to be from a period of time that I was in jail, so im not sure how I could have posted this.
 
endomorphosis said:
Dear Meagan Vance:
I anticipate after the "exhaustion" of state remedies, there will be a new 42 USC 1983 lawsuit against you, tread softly. Also, as you are aware, I have much more damning evidence of you than you have of me. Like how about those fake rape allegations you made against your brother and ex boyfriend, should we discuss those text messages?
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You have been divorced for how long? Stop being a bitter bitch and stop talking about your ex wife. Install Tinder or something, dude. Move on.
 
endomorphosis said:
Again it shows how utterly retarded you (and the judge) is, copyright exists when an image is fixed to a tangible medium of express, a REGISTRATION with the copyright office, is required to seek statutory damages, and is prima facia evidence of ownership of copyright. However, my ex admitted that I was the author, so therefore, there is no contested issue of fact, that I am the copyright owner.


Moreover, it doesn't matter whether i form a LLC or not, it doesn't mean its not made for commercial purpose, when she admits that we made porn to make money. This is literally an element in the statute itself, but the retarded lawyers conveniently forgot to include that portion of the statute in the jury instructions, or even raise the issue.
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copyright doesnt matter for that, you cant just say its commercial because of copyright and you cant opt out of it being revenge porn because you own the image, thatd basically ruin any application of the law if say a girl sends a nude to her bf and he publishes it. you dont really have too much of a purpose for the law beyond very niche cases if you allow creeps like you to do that lol
 
Slimy Time said:
Nigga, it doesn't matter if he's an Obummer appointee when you are full of shit and have lost every case put in front of them.
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Well, if the guy contradicts the copyright office webpage, and the 9th circuit court of appeals, its hard to wonder what he is thinking. Moreover, apparently the GPT-3 AI agrees with me as well, so I wonder why there are so many contradictions between what the supreme court says, and what these people seem to think. 1651380605593.png
 
endomorphosis said:
Thats weird, its either a photoshop, or someone else using the same name, there was some dude online who wanted me to relinquish to him this handle, because he wanted to use it, because he apparently thought i wasn't using it. it also appears likely to be from a period of time that I was in jail, so im not sure how I could have posted this.
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That's a relief, I knew you weren't based enough to know of Heidegger.
 
MeltyTW said:
copyright doesnt matter for that, you cant just say its commercial because of copyright and you cant opt out of it being revenge porn because you own the image, thatd basically ruin any application of the law if say a girl sends a nude to her bf and he publishes it.
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Well, it means that she can sue him for $150,000 per image, because she owns the image, but it doesn't mean that she can have him criminally incarcerated.

see this porn case: Jules Jordan Video, Inc. v. 144942 Canada Inc., 617 F. 3d 1146 - Court of Appeals, 9th Circuit 2010
"In the instant case, we conclude that Gasper's right of publicity claim falls within the subject matter of copyright, and that the rights he asserts are equivalent to the rights within the scope of § 106 of the Copyright Act. The essence of Gasper's claim is that the Kaytel defendants reproduced and distributed the DVDs without authorization. His claim is under the Copyright Act. Accordingly, we reverse the district court and vacate Gasper's judgment against the Kaytel defendants for violation of his right of publicity under California law."

The Big Dream said:
That's a relief, I knew you weren't based enough to know of Heidegger.
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Of course I know of Heidegger, i am just not that big of a fan, im a bigger fan of Kant (mostly in relation to logic theories and his moral theories).
 
endomorphosis said:
Well, it means that she can sue him for $150,000 per image, because she owns the image, but it doesn't mean that she can have him criminally incarcerated.

see this porn case: Jules Jordan Video, Inc. v. 144942 Canada Inc., 617 F. 3d 1146 - Court of Appeals, 9th Circuit 2010
"In the instant case, we conclude that Gasper's right of publicity claim falls within the subject matter of copyright, and that the rights he asserts are equivalent to the rights within the scope of § 106 of the Copyright Act. The essence of Gasper's claim is that the Kaytel defendants reproduced and distributed the DVDs without authorization. His claim is under the Copyright Act. Accordingly, we reverse the district court and vacate Gasper's judgment against the Kaytel defendants for violation of his right of publicity under California law."
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nigga thats not revenge porn thats about copyright for a pornstar upset at the rights and money to a video not upset at that particular video existing and being known by a larger audience. why are you trying to graft revenge porn onto copyright shit? also notice they all have companies and arent just some guy putting up nudes of his girlfriend that supposedly was to be sold but wasnt even copyrighted until far later.
 
endomorphosis said:
View attachment 3235302
Here is proof i filed a copyright,

View attachment 3235305
Moreover I would like to note, that Judge Acosta, is an obama appointee, who once advocated that we needed more affirmative action for judges like him, so that we could have "more equal equality", which reminded me at the time of George Orwell's Animal Farm "some people are equal, but some are more equal than others"
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So generally I try to step in and say something before shit blows up like this but I had a busy day and you seem really intent on speedrunning this path you've chosen for yourself. I'm going to still make an attempt here because I think it fair to directly warn anyone going down this road at least once, even if afterward they cannot claim there never were.

For all that is good and valuable in your life and the dreams of things yet to come, please stop. Delete your user account, hell, delete anything connected to the events discussed here and move on with life calm and happy in the knowledge it will not continue to hold back your prosperity in life.

I am going to directly tell you, if you continue to engage on this thread, site, etc, it will end in disaster for you. I am not speaking on behalf of anyone else or the site, just as a simple observer. You are already almost knee deep in quicksand and the harder you struggle the faster you will find yourself pulled under and your fate sealed. Let all this go and move on.

No one who has aligned themselves with Ralph has ever walked away better for that decision. Whether directly or indirectly, he poisons the lives of everything that comes in contact or relation to him. The very people closest to him all walk away talking like they belong in battered women's shelters for a reason.

The even larger mistake is engaging the people here at Kiwi Farms. Take note: no one that has a thread on this site makes any attempt to fight or argue with all of it for a reason. Theres no winning here. Theres no angle, no trick, loophole, philosophy, intellectual debate or anything else that will dissuade the people on this site to see things from your point of view or agree with you.

If you're wrong about something, they will laugh at you. If you're silly about something, they will laugh at you. If you're serious about something, they will laugh at you. If you are undeniably right about something, they will fuck with you and then they will laugh at you.

From what you've revealed it seems like you feel very self conscious about your lack of education and the fact you feel taken advantage of by women. I'm honestly sorry that happened to you and that its driving your actions so deeply. Doubling down and/or trying to argue with anyone here will never change that. You aren't going to convince anyone that you aren't acting crazy and insecure.

Let all this go. Let the legal battles go, spend sometime working on yourself to become a version that doesn't need to prove anything to anyone else and move on. Continuing down the road youre on will only end with you taking more and more foolish actions in attempts to win some imaginary war you'll develop in your head against people who's only thought of you is laughter.

I am genuinely saying this for your benefit. From here on out I am going back to the fun and youre back to being a lolcow to me. Save yourself a life full of shittiness man.
 
Christorian X said:
So generally I try to step in and say something before shit blows up like this but I had a busy day and you seem really intent on speedrunning this path you've chosen for yourself. I'm going to still make an attempt here because I think it fair to directly warn anyone going down this road at least once, even if afterward they cannot claim there never were.

For all that is good and valuable in your life and the dreams of things yet to come, please stop. Delete your user account, hell, delete anything connected to the events discussed here and move on with life calm and happy in the knowledge it will not continue to hold back your prosperity in life.

I am going to directly tell you, if you continue to engage on this thread, site, etc, it will end in disaster for you. I am not speaking on behalf of anyone else or the site, just as a simple observer. You are already almost knee deep in quicksand and the harder you struggle the faster you will find yourself pulled under and your fate sealed. Let all this go and move on.

No one who has aligned themselves with Ralph has ever walked away better for that decision. Whether directly or indirectly, he poisons the lives of everything that comes in contact or relation to him. The very people closest to him all walk away talking like they belong in battered women's shelters for a reason.

The even larger mistake is engaging the people here at Kiwi Farms. Take note: no one that has a thread on this site makes any attempt to fight or argue with all of it for a reason. Theres no winning here. Theres no angle, no trick, loophole, philosophy, intellectual debate or anything else that will dissuade the people on this site to see things from your point of view or agree with you.

If you're wrong about something, they will laugh at you. If you're silly about something, they will laugh at you. If you're serious about something, they will laugh at you. If you are undeniably right about something, they will fuck with you and then they will laugh at you.

From what you've revealed it seems like you feel very self conscious about your lack of education and the fact you feel taken advantage of by women. I'm honestly sorry that happened to you and that its driving your actions so deeply. Doubling down and/or trying to argue with anyone here will never change that. You aren't going to convince anyone that you aren't acting crazy and insecure.

Let all this go. Let the legal battles go, spend sometime working on yourself to become a version that doesn't need to prove anything to anyone else and move on. Continuing down the road youre on will only end with you taking more and more foolish actions in attempts to win some imaginary war you'll develop in your head against people who's only thought of you is laughter.

I am genuinely saying this for your benefit. From here on out I am going back to the fun and youre back to being a lolcow to me. Save yourself a life full of shittiness man.
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I don't really frequent this website, I mostly came here, with regards to my deep sadness remembering Lane Davis killed his father. I feel like I failed Mr Davis, and I should have done something to get him psychological help, and I knew deep inside that he needed help, and that gives me some guilt. Had I decided to "snitch" on Mr Lane Davis instead of parting ways with him when he was threating to "destroy" people, I wonder whether he would have been forced to get mental health treatment. I am willing to accept personal guilt for that failure, but I am honestly very upset with Mr Ralph, and Mr Yionopolous, and how they were financially exploiting Mr Davis. I am grateful that Mr Metokur has decided to cover this topic, and i hope that Mr Ralph gets exposed for the terrible person he is. However the only reason why I would protect Mr. Ralph, because I am a "devils advocate", who would literally fight to protect the devil's right to free speech, if he was not an imaginary entity.

 
endomorphosis said:
I don't really frequent this website, I mostly came here, with regards to my deep sadness remembering Lane Davis killed his father. I feel like I failed Mr Davis, and I should have done something to get him psychological help, and I knew deep inside that he needed help, and that gives me some guilt. Had I decided to "snitch" on Mr Lane Davis instead of parting ways with him when he was threating to "destroy" people, I wonder whether he would have been forced to get mental health treatment. I am willing to accept personal guilt for that failure, but I am honestly very upset with Mr Ralph, and Mr Yionopolous, and how they were financially exploiting Mr Davis. I am grateful that Mr Metokur has decided to cover this topic, and i hope that Mr Ralph gets exposed for the terrible person he is. However the only reason why I would protect Mr. Ralph, because I am a "devils advocate", who would literally fight to protect the devil's right to free speech, if he was not an imaginary entity.

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And yet you seem to not be learning from the mistakes of anyone you just mentioned, including yourself. In regards to you questioning if you had intervened when you saw Lane Davis becoming fixated on destructive narratives his mind was creating, could it have been avoided; yes, it most certainly could have.

You're literally on the same precipice Davis, Yionopolous and Ralph all stood before at somepoint in their careers and decided to plunge forward into an endless pit of madness and destruction. You have one foot over the ledge while not looking down.

I'm telling you now that its clear your entire identity is wrapped up in this and its going to not only ruin whatever chances you have at happiness, but encourage the general public to engage in humiliation and laughter at your expense.

For someone who is so desperate to prove their intelligence, you play chess with your life like a retard.
 
endomorphosis said:
I don't really frequent this website, I mostly came here, with regards to my deep sadness remembering Lane Davis killed his father. I feel like I failed Mr Davis, and I should have done something to get him psychological help, and I knew deep inside that he needed help, and that gives me some guilt. Had I decided to "snitch" on Mr Lane Davis instead of parting ways with him when he was threating to "destroy" people, I wonder whether he would have been forced to get mental health treatment. I am willing to accept personal guilt for that failure, but I am honestly very upset with Mr Ralph, and Mr Yionopolous, and how they were financially exploiting Mr Davis. I am grateful that Mr Metokur has decided to cover this topic, and i hope that Mr Ralph gets exposed for the terrible person he is. However the only reason why I would protect Mr. Ralph, because I am a "devils advocate", who would literally fight to protect the devil's right to free speech, if he was not an imaginary entity.

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Lane Davis was 5 years ago dude. Literally nothing you say here isn't pants on head retarded.
 
endomorphosis said:
I don't really frequent this website, I mostly came here, with regards to my deep sadness remembering Lane Davis killed his father. I feel like I failed Mr Davis, and I should have done something to get him psychological help, and I knew deep inside that he needed help, and that gives me some guilt. Had I decided to "snitch" on Mr Lane Davis instead of parting ways with him when he was threating to "destroy" people, I wonder whether he would have been forced to get mental health treatment. I am willing to accept personal guilt for that failure, but I am honestly very upset with Mr Ralph, and Mr Yionopolous, and how they were financially exploiting Mr Davis. I am grateful that Mr Metokur has decided to cover this topic, and i hope that Mr Ralph gets exposed for the terrible person he is. However the only reason why I would protect Mr. Ralph, because I am a "devils advocate", who would literally fight to protect the devil's right to free speech, if he was not an imaginary entity.

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you are officially absolved for not knowing some fucked up retard would kill his dad for being a supposed nwo lib cuck pedo.
 
On the whole "But if you're in the right why did you lose." side, Ben is correct, but both sides are retarded.
Yes, "If you have a case, why did the judges not rule in your favor?" would have been a solid and sensible argument...70 years ago. But the 1950s have long passed. The judiciary of today doesn't care about rule of law or procedure or any of that. They care only about their whims and their accolades and rule based on how many sob stories and oppression labels each side can pile up. It's why jury trials are such a boon that I hope burgers hold onto with all they have.

At the same time, Ben, if you are aware of this, why are you fighting a battle you know you can only lose? No judge wants to be immortalized as the one that set the precedent to where a woman's nudes and porn can be legally leaked as long as she recorded them for profit. Do you know how much bad pr that would mean for them? They'd get their house picketed by hideous harpies bussed in by the ACLU and various foundation groups for the rest of their lives. Their name would be tarnished and all their peers would either distance themselves from them or look for ways to get them to retire or force them out some other way. No judge will ever rule in your favor so why are you expending all this energy sifting through case law to make a case that you know will never lead to a positive outcome?
 
> I'm telling you now that its clear your entire identity is wrapped up in this and its going to not only ruin whatever chances you have at happiness, but encourage the general public to engage in humiliation and laughter at your expense.

What I hope to express, is that I accept no guilt, and assert my innocence, for the issues related to my ex wife's complaints. I feel deeply about the constitution because of my history of being raised in a military family, and the thoughts of the soldiers who died to protect it, many of them I know myself. This is weighed against the experiences that I had overseas, living in a culture that was operating under Sharia law. As such, I think that my most useful contributions to society, will be to work on integrating computer science into the law, so as to prevent the sort of easily avoidable problems I see frequently that occur, often caused by the cognitive bias and prejudices that humans introduce.

goodnight.
 
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