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AK47's attorney devastates KVN on SMJ

He uses a quote from one of Lemley's own papers to refute hi...
Titillating queen of the night
  05/11/08
you think gto aiming to be a first amendment lawyer?
Lavender Ratface Casino
  05/11/08
GTO didn't write that. AK47's lawyer is some guy John Willia...
Titillating queen of the night
  05/11/08
ah thanks for clearing it up.
Lavender Ratface Casino
  05/11/08
"GTO writes super long and verbose motions." lu...
mint shrine
  05/11/08
lol. He has too much time on his hands.
Titillating queen of the night
  05/11/08
The funny part is criticizing him for being long AND verbose...
mauve mind-boggling giraffe piazza
  05/12/08
Seems like only the first sentence of your post was needed t...
vigorous gold new version
  05/12/08
He's John R. Williams!!! http://www.johnrwilliams.com/Att...
Infuriating Concupiscible Stead
  05/11/08
You're Brian Fellows!!!
adulterous deer antler gaming laptop
  05/11/08
That bird better not mess up my credit!!!
chartreuse boistinker
  05/11/08
donkeys can't talk! you're crazy!
Floppy claret idea he suggested
  05/12/08
anyone have any idea why he didn't argue that there was no c...
mint shrine
  05/11/08
The key statute is 1367c not 1367a. "Common nucleus&quo...
Titillating queen of the night
  05/11/08
i'm no SMJ expert, but it's not immediately apparent that A4...
mint shrine
  05/11/08
"Common nucleus" is re: 1367a. This is about 1367c...
Titillating queen of the night
  05/11/08
1367c only exists to modify the scope of 1367a. I'll reprod...
mint shrine
  05/11/08
1367a obviously applies. Admit you made a mistake and move o...
Titillating queen of the night
  05/11/08
i will not admit it because i don't think it's so obvious. ...
mint shrine
  05/11/08
"Common nucleus of operative FACTS." Facts, not cl...
Titillating queen of the night
  05/11/08
right. i am now, and always have been, asserting that the f...
mint shrine
  05/11/08
Sigh. File an amicus so the judge can sanction you for makin...
Titillating queen of the night
  05/11/08
why are you being so rude about it? i'm not saying i'm defi...
mint shrine
  05/11/08
Because you said something stupid and I had to waste time lo...
Titillating queen of the night
  05/11/08
why did you have to do anything?
mint shrine
  05/11/08
just curious: where do you go to school, legal genius?
Indigo adventurous love of her life
  05/11/08
wtf? i'm not saying i'm right about this, i was just asking...
mint shrine
  05/11/08
"i was just asking what other people thought about the ...
Indigo adventurous love of her life
  05/11/08
i think i was dissing you in the "lay prestige" th...
mint shrine
  05/11/08
You are a waste of carbon. Killself so my grandchildren's gr...
Stirring scarlet genital piercing partner
  05/12/08
Dude, DeanRobbinsXXXX is being unduly stupid about this. I ...
mauve mind-boggling giraffe piazza
  05/12/08
Not obvious
mauve mind-boggling giraffe piazza
  05/12/08
The writing is shitty, but the legal arguments are sound. Ni...
Maniacal boyish coffee pot gay wizard
  05/11/08
blatant anti-use of 'gossamer' troll
sticky mental disorder
  05/11/08
They couldn't even get Lemley's name right in the first para...
Maniacal boyish coffee pot gay wizard
  05/11/08
What's the problem? Reads fine to me.
Titillating queen of the night
  05/11/08
That's the problem with our legal education system.
Maniacal boyish coffee pot gay wizard
  05/11/08
You think a sentence is poorly written simply because it's l...
Titillating queen of the night
  05/11/08
it's pretty bad, but remember he's doing this shit for free.
mint shrine
  05/11/08
You thought 1367a, not 1367c, was the issue here.
Titillating queen of the night
  05/11/08
To the extent that 1367c is an issue, 1367a is an issue. Als...
Stirring scarlet genital piercing partner
  05/12/08
how do you know he's doing this for free?
Floppy claret idea he suggested
  05/11/08
April 16, 2008 39 Order Appointing Pro Bono Counsel: Jo...
stimulating splenetic parlour
  05/11/08
interesting. ty
Floppy claret idea he suggested
  05/12/08
this guy is awesome.
sooty juggernaut
  05/12/08
TITCR - PWN3D
odious native fanboi
  05/12/08
lol, AK47's lawyer gives a shoutout to Ironmonkey. The pl...
Titillating queen of the night
  05/11/08
I'm actually confused about who's referring to what, here, b...
mauve mind-boggling giraffe piazza
  05/12/08
Nice.
Free-loading Multi-colored Station Sound Barrier
  05/11/08
This is brutally devastating, especially when compared to KV...
misanthropic razzle-dazzle principal's office factory reset button
  05/11/08
Totally. It's interesting how quickly the momentum can turn ...
Titillating queen of the night
  05/11/08
do you guys really think it's that good? KVN's is terrible,...
mint shrine
  05/11/08
It seems to me that making a big deal about registering the ...
cruel-hearted sepia stock car faggotry
  05/11/08
That's not what Lemley said in his paper.
Titillating queen of the night
  05/11/08
I'm confused. Doesn't the motion say that the work isn't in...
Maniacal boyish coffee pot gay wizard
  05/11/08
It gives multiple alternative reasons to dismiss the complai...
Titillating queen of the night
  05/11/08
But if the work isn't registered and Doe doesn't own the cop...
Maniacal boyish coffee pot gay wizard
  05/11/08
You're allowed to make more than one argument.
Titillating queen of the night
  05/11/08
...
Maniacal boyish coffee pot gay wizard
  05/11/08
Here is the quote: "[b]y mischaracterizing tort clai...
cruel-hearted sepia stock car faggotry
  05/11/08
1) If Doe doesn't own the copyright, she has no "bona...
Maniacal boyish coffee pot gay wizard
  05/11/08
1) See, here's the problem. Saying that Doe doesn't own th...
cruel-hearted sepia stock car faggotry
  05/11/08
Lack of a valid registration is a jurisdictional matter, dum...
Maniacal boyish coffee pot gay wizard
  05/11/08
I just don't think you understand how these things work. ...
cruel-hearted sepia stock car faggotry
  05/12/08
The judge ordered briefing on the issue. Even if you're tech...
stimulating splenetic parlour
  05/12/08
As to your last sentence, KVN admitted Doe 1 doesn't have a ...
stimulating splenetic parlour
  05/12/08
I don't think you understand the issues here. "Fede...
Maniacal boyish coffee pot gay wizard
  05/12/08
ty. now if only the people who disagree with me could pwn s...
mint shrine
  05/12/08
tyty i can't wait until i get to do this shit in court for ...
Maniacal boyish coffee pot gay wizard
  05/12/08
LOL. *waits for NYBEG to ignore this new set of pwnage*
adulterous deer antler gaming laptop
  05/12/08
I'm not sure I get what you're driving at. Are you saying t...
cruel-hearted sepia stock car faggotry
  05/12/08
That's the point of AK47's argument. Doe 1 never filed a cop...
stimulating splenetic parlour
  05/12/08
Ah, that is a good issue. (as may be obvious, I haven't rea...
mauve mind-boggling giraffe piazza
  05/12/08
You should read the pleadings. The Ps are claiming that they...
stimulating splenetic parlour
  05/12/08
Have they asked for leave to amend the pleading to substitut...
mauve mind-boggling giraffe piazza
  05/12/08
No.
stimulating splenetic parlour
  05/12/08
LOL, feigning confusion is not one of the better trial tacti...
Maniacal boyish coffee pot gay wizard
  05/12/08
You're a douche. And you misunderstood his question.
Stirring scarlet genital piercing partner
  05/12/08
That doesn't contradict what he's saying. I think we all ...
mauve mind-boggling giraffe piazza
  05/12/08
But the P that has the registration didn't sue for infringem...
stimulating splenetic parlour
  05/12/08
Got that now. If I were the judge, I might grant the motion...
mauve mind-boggling giraffe piazza
  05/12/08
In this case, if a registration has issued (in fact, issuanc...
mauve mind-boggling giraffe piazza
  05/12/08
Question about ownership. The picture is of one of the plain...
Floppy claret idea he suggested
  05/12/08
She has to show ownership of copyright either way if she's a...
mauve mind-boggling giraffe piazza
  05/12/08
1) he harps on the ownership issue to make the point that th...
mint shrine
  05/11/08
"the point is that a trumped up copyright claim shouldn...
cruel-hearted sepia stock car faggotry
  05/12/08
"This 'shouldn't' is a plea to the judge, not a mandate...
mint shrine
  05/12/08
It's only validly exerted if the judge is lenient and treats...
stimulating splenetic parlour
  05/12/08
But if Doe doesn't own the copyright she doesn't have standi...
stimulating splenetic parlour
  05/11/08
Duh. The point is Lemley will like a douchebag arguing again...
Titillating queen of the night
  05/11/08
I guess you didn't read what I said. That quote appears t...
cruel-hearted sepia stock car faggotry
  05/11/08
You seem to be missing the point. There is no valid copyrigh...
Maniacal boyish coffee pot gay wizard
  05/11/08
It's not a bona fide copyright claim unless you have standin...
stimulating splenetic parlour
  05/11/08
"simply distinguish" Just finishing up 1L eh?
godawful fragrant menage hunting ground
  05/12/08
it is emphatically not a valid copyright claim. Doe I does n...
Stirring scarlet genital piercing partner
  05/12/08
"The complaint here contains bona fide copyright claims...
mauve mind-boggling giraffe piazza
  05/12/08
the copyright registration right before suit thing happens c...
mint shrine
  05/11/08
But you think 1367a, not 1367c, is the issue here.
Titillating queen of the night
  05/11/08
yep. i'm an idiot with a tiny pink dick and i'm flunking ou...
mint shrine
  05/11/08
That's right.
Titillating queen of the night
  05/11/08
I'm confused. Why does the Keker brief refer to teh AT &a...
dead exhilarant patrolman jewess
  05/11/08
AT&T is probably his ISP. AOL is involved because they ...
mint shrine
  05/11/08
But did his AIM ids defame anybody ? Also, isn't Williams...
dead exhilarant patrolman jewess
  05/11/08
discovery is liberal. dunno what the rules are when a par...
mint shrine
  05/11/08
I guess they're saying that AK47 was on notice that his iden...
Titillating queen of the night
  05/11/08
Are there new pleadings? What's the docket number, so I can ...
insecure dingle berry
  05/11/08
google "doe v ciolli complaint" you'll be plea...
Cowardly Black Woman Whorehouse
  05/11/08
The new pleading is in the link above.
Titillating queen of the night
  05/11/08
A sunday filing? WTF?
insecure dingle berry
  05/11/08
You can file any day of the week on PACER, but you wouldn't ...
Titillating queen of the night
  05/11/08
No shit, I was questioning why you'd file anything on a Sund...
insecure dingle berry
  05/11/08
not everybody files on the deadline, even if it seems that w...
mint shrine
  05/11/08
how do you know this is pro bono?
Floppy claret idea he suggested
  05/11/08
April 16, 2008 39 Order Appointing Pro Bono Counsel: Jo...
stimulating splenetic parlour
  05/11/08
doesnt matter. ak47's future is in KVN's hands. his identity...
Cowardly Black Woman Whorehouse
  05/11/08
True, but this is pretty good lawyerly pwnage nonetheless. h...
Titillating queen of the night
  05/11/08
cp
Cowardly Black Woman Whorehouse
  05/11/08
Not necessarily. Who knows what they've turned up about the...
cruel-hearted sepia stock car faggotry
  05/11/08
No, moron. The failure of the complaint to establish SMJ wou...
Thirsty Racy Headpube Bbw
  05/12/08
If they do, he'd probably be wise to countersue for maliciou...
Brass Curious Lettuce
  05/11/08
That claim doesn't really work.
Titillating queen of the night
  05/11/08
...
wonderful goyim
  05/11/08
what's this Virginia litigation now?
Vivacious personal credit line internal respiration
  05/12/08
W. Virginia. There's not a separate suit, but there's litig...
mint shrine
  05/12/08
isn't it western district of VA?
henna philosopher-king marketing idea
  05/12/08
yes
Free-loading Multi-colored Station Sound Barrier
  05/12/08
What did AK47 even do? Did he out anybody?
Swashbuckling Hateful Half-breed Institution
  05/12/08
he made a bunch of nasty threads/comments about some girls w...
Irradiated Navy Center
  05/12/08
or was that thread about all girls with that name?
Floppy claret idea he suggested
  05/12/08
he said "women" plural, right? pretty sure he mean...
Big carnelian ceo
  05/12/08
http://www.xoxohth.com/thread.php?thread_id=646214&mc=6&...
Talented poppy dog poop hospital
  05/12/08
Interesting moniker to be asking this
Free-loading Multi-colored Station Sound Barrier
  05/12/08
What the hells an AR18? I've never fired one, that's for ...
Stirring scarlet genital piercing partner
  05/12/08
When a judge "appoints pro bono counsel" - does th...
dead exhilarant patrolman jewess
  05/12/08
In the District of Connecticut, the court picks off a list, ...
beady-eyed weed whacker
  05/12/08
Dood, the SMJ issue was spotted by IronMonkey last year. App...
Thirsty Racy Headpube Bbw
  05/12/08
Didn't he say he's not a lawyer?
Floppy claret idea he suggested
  05/12/08
There are mnay idiot lawyers. We all know this.
Thirsty Racy Headpube Bbw
  05/12/08
cr. I could be wrong though, but I thought it was the jud...
Hyperventilating twinkling uncleanness
  05/12/08
It sounds like AK47's counsel brought it up. He refers to mu...
Thirsty Racy Headpube Bbw
  05/12/08
Yes I totally agree with this but if AK47 is not a lawyer th...
Floppy claret idea he suggested
  05/12/08
He went to law school at least, right? Maybe it was his f...
Hyperventilating twinkling uncleanness
  05/12/08
i have no idea if he went to law school or not
Floppy claret idea he suggested
  05/12/08
Either that, or IronMonkey is just really really insightful....
mauve mind-boggling giraffe piazza
  05/12/08
Somebody needs to start a blog on this. Maybe some Harvard ...
dead exhilarant patrolman jewess
  05/12/08
The Virginia lit has to do with subpoenas to AOL. GTO turne...
mint shrine
  05/12/08
Thanks. Why don't you start a blog on this? If you wan...
dead exhilarant patrolman jewess
  05/12/08
i find it genuinely fascinating, but for obvious reasons i'd...
mint shrine
  05/12/08


Poast new message in this thread



Reply

Date: May 11th, 2008 10:53 PM
Author: Titillating queen of the night

He uses a quote from one of Lemley's own papers to refute his argument. The motion is short and seems very strong.

http://randazza.files.wordpress.com/2008/05/ak47-memo-in-support-and-sugg-of-dismissal1.pdf

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769248)



Reply

Date: May 11th, 2008 10:55 PM
Author: Lavender Ratface Casino

you think gto aiming to be a first amendment lawyer?

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769259)



Reply

Date: May 11th, 2008 10:59 PM
Author: Titillating queen of the night

GTO didn't write that. AK47's lawyer is some guy John Williams.

GTO writes super long and verbose motions.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769277)



Reply

Date: May 11th, 2008 11:02 PM
Author: Lavender Ratface Casino

ah thanks for clearing it up.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769295)



Reply

Date: May 11th, 2008 11:04 PM
Author: mint shrine

"GTO writes super long and verbose motions."

lulz. titcr. with lots of overheated rhetoric about the critical first amendment right to post racial slurs on the internet anonymously.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769308)



Reply

Date: May 11th, 2008 11:06 PM
Author: Titillating queen of the night

lol. He has too much time on his hands.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769319)



Reply

Date: May 12th, 2008 12:29 PM
Author: mauve mind-boggling giraffe piazza

The funny part is criticizing him for being long AND verbose. Seem like verbose would have done the trick (if you're into concise writing).

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771802)



Reply

Date: May 12th, 2008 2:32 PM
Author: vigorous gold new version

Seems like only the first sentence of your post was needed to convey your idea.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9772351)



Reply

Date: May 11th, 2008 11:06 PM
Author: Infuriating Concupiscible Stead

He's John R. Williams!!!

http://www.johnrwilliams.com/Attorneys.shtml/3043214_1



(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769321)



Reply

Date: May 11th, 2008 11:19 PM
Author: adulterous deer antler gaming laptop

You're Brian Fellows!!!

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769366)



Reply

Date: May 11th, 2008 11:40 PM
Author: chartreuse boistinker

That bird better not mess up my credit!!!

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769487)



Reply

Date: May 12th, 2008 12:24 AM
Author: Floppy claret idea he suggested

donkeys can't talk! you're crazy!

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769683)



Reply

Date: May 11th, 2008 11:11 PM
Author: mint shrine

anyone have any idea why he didn't argue that there was no common nucleus of facts?

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769331)



Reply

Date: May 11th, 2008 11:15 PM
Author: Titillating queen of the night

The key statute is 1367c not 1367a. "Common nucleus" is from 1367a.

28 usc 1367(c) The district courts may decline to exercise supplemental jurisdiction over a claim under subsection (a) if—

(1) the claim raises a novel or complex issue of State law,

(2) the claim substantially predominates over the claim or claims over which the district court has original jurisdiction,

(3) the district court has dismissed all claims over which it has original jurisdiction, or

(4) in exceptional circumstances, there are other compelling reasons for declining jurisdiction.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769350)



Reply

Date: May 11th, 2008 11:19 PM
Author: mint shrine

i'm no SMJ expert, but it's not immediately apparent that A47's tortious comments had anything to do with the picture posted for the t14 contest. even if A posts the picture, is it clear that B's comments on it are part of a common nucleus? maybe there's case law to that effect, but it seems worth arguing.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769362)



Reply

Date: May 11th, 2008 11:20 PM
Author: Titillating queen of the night

"Common nucleus" is re: 1367a. This is about 1367c.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769374)



Reply

Date: May 11th, 2008 11:24 PM
Author: mint shrine

1367c only exists to modify the scope of 1367a. I'll reproduce it for you:

The district courts may decline to exercise supplemental jurisdiction over a claim under subsection (a) if—

(1) the claim raises a novel or complex issue of State law,

(2) the claim substantially predominates over the claim or claims over which the district court has original jurisdiction,

(3) the district court has dismissed all claims over which it has original jurisdiction, or

(4) in exceptional circumstances, there are other compelling reasons for declining jurisdiction.

So 1367c doesn't come into play until 1367a is satisfied. also, no need to be rude about it.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769394)



Reply

Date: May 11th, 2008 11:26 PM
Author: Titillating queen of the night

1367a obviously applies. Admit you made a mistake and move on. You wasted my time.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769406)



Reply

Date: May 11th, 2008 11:31 PM
Author: mint shrine

i will not admit it because i don't think it's so obvious. reposting someone's publicly available picture is not obviously related to IIED, particularly when some comments were made prior to the copyright violation and many had nothing to do with the Does' appearances.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769436)



Reply

Date: May 11th, 2008 11:33 PM
Author: Titillating queen of the night

"Common nucleus of operative FACTS." Facts, not claims. Admit you didn't realize that 1367c was the issue here and move on.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769444)



Reply

Date: May 11th, 2008 11:35 PM
Author: mint shrine

right. i am now, and always have been, asserting that the facts are not necessarily related.

if on date X i post something tortious about you having an STD it is not factually related to another person posting a picture of you on date X + 1.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769454)



Reply

Date: May 11th, 2008 11:37 PM
Author: Titillating queen of the night

Sigh. File an amicus so the judge can sanction you for making a moronic argument.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769460)



Reply

Date: May 11th, 2008 11:38 PM
Author: mint shrine

why are you being so rude about it? i'm not saying i'm definitely right about this, but what i'm saying certainly isn't stupid.

EDIT: it IS shocking that he never cited 1367(c)(2), (4), though.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769471)



Reply

Date: May 11th, 2008 11:39 PM
Author: Titillating queen of the night

Because you said something stupid and I had to waste time looking into it.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769476)



Reply

Date: May 11th, 2008 11:41 PM
Author: mint shrine

why did you have to do anything?

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769488)



Reply

Date: May 11th, 2008 11:43 PM
Author: Indigo adventurous love of her life

just curious: where do you go to school, legal genius?

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769501)



Reply

Date: May 11th, 2008 11:45 PM
Author: mint shrine

wtf? i'm not saying i'm right about this, i was just asking what other people thought about the issue. saying, "you're wrong, retard; the issue is obvious" isn't much of an argument.

EDIT: and a good enough one that i'm starting an appellate clerkship in a matter of weeks. i plan to completely rewrite the SMJ law.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769515)



Reply

Date: May 11th, 2008 11:51 PM
Author: Indigo adventurous love of her life

"i was just asking what other people thought about the issue. saying, 'you're wrong, retard; the issue is obvious' isn't much of an argument."

i don't much care. i just remember you saying something insulting about me in the past for no particular reason, noted that you said something that appeared patently stupid on this thread, and so it seemed like an opportune moment for the question. (i actually am still curious as to the answer.)

"i plan to completely rewrite the SMJ law."

good luck with that. coa doesn't exactly mean that you're destined to change the legal world.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769547)



Reply

Date: May 11th, 2008 11:55 PM
Author: mint shrine

i think i was dissing you in the "lay prestige" thread.

do you think that 1367a is obviously satisfied w/r/t all the defendants?

i'm not going to say where i go to school.

and, yes, it was a joke.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769572)



Reply

Date: May 12th, 2008 12:11 PM
Author: Stirring scarlet genital piercing partner

You are a waste of carbon. Killself so my grandchildren's grandchildren can have a little coal a couple year earlier. It'll be a net contribution to humanity. And take DeanRobbins with you. You both blow chunky monkeys. Thanks in advance.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771714)



Reply

Date: May 12th, 2008 12:32 PM
Author: mauve mind-boggling giraffe piazza

Dude, DeanRobbinsXXXX is being unduly stupid about this. I think there's a legit argument that there is no common nucleous of operative fact. Might not win, but certainly good enough to argue.

He's just being a dick.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771817)



Reply

Date: May 12th, 2008 12:30 PM
Author: mauve mind-boggling giraffe piazza

Not obvious

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771806)



Reply

Date: May 11th, 2008 11:30 PM
Author: Maniacal boyish coffee pot gay wizard

The writing is shitty, but the legal arguments are sound. Nice work.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769428)



Reply

Date: May 11th, 2008 11:37 PM
Author: sticky mental disorder

blatant anti-use of 'gossamer' troll

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769462)



Reply

Date: May 11th, 2008 11:39 PM
Author: Maniacal boyish coffee pot gay wizard

They couldn't even get Lemley's name right in the first paragraph. And check out this horrible sentence:

"If in fact this were a mere typographical error, one might suppose the plaintiffs would have corrected it when the error was brought to their attention; but the error was brought to their attention repeatedly before the recent oral argument and no effort was made to change the express, but now admittedly inaccurate, allegation of the complaint."

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769478)



Reply

Date: May 11th, 2008 11:40 PM
Author: Titillating queen of the night

What's the problem? Reads fine to me.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769485)



Reply

Date: May 11th, 2008 11:44 PM
Author: Maniacal boyish coffee pot gay wizard

That's the problem with our legal education system.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769508)



Reply

Date: May 11th, 2008 11:48 PM
Author: Titillating queen of the night

You think a sentence is poorly written simply because it's long. That's because you're a simpleton who doesn't understand the art of writing. A series of short sentences can be incomprehensible, and a long sentence can be easy to read.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769529)



Reply

Date: May 11th, 2008 11:42 PM
Author: mint shrine

it's pretty bad, but remember he's doing this shit for free.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769494)



Reply

Date: May 11th, 2008 11:43 PM
Author: Titillating queen of the night

You thought 1367a, not 1367c, was the issue here.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769504)



Reply

Date: May 12th, 2008 12:12 PM
Author: Stirring scarlet genital piercing partner

To the extent that 1367c is an issue, 1367a is an issue. Also, you're a moron.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771719)



Reply

Date: May 11th, 2008 11:54 PM
Author: Floppy claret idea he suggested

how do you know he's doing this for free?

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769564)



Reply

Date: May 11th, 2008 11:54 PM
Author: stimulating splenetic parlour

April 16, 2008 39 Order Appointing Pro Bono Counsel: John R. Williams for Defendant AK47 for the limited purpose of arguing the motions to quash and to proceed in fictitious name. Signed by Judge Christopher F. Droney on 4/16/08. (Droney, Christopher) (Entered: April 16, 2008)

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769567)



Reply

Date: May 12th, 2008 12:23 AM
Author: Floppy claret idea he suggested

interesting. ty

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769680)



Reply

Date: May 12th, 2008 7:55 AM
Author: sooty juggernaut

this guy is awesome.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771160)



Reply

Date: May 12th, 2008 9:00 AM
Author: odious native fanboi

TITCR - PWN3D

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771202)



Reply

Date: May 11th, 2008 10:55 PM
Author: Titillating queen of the night

lol, AK47's lawyer gives a shoutout to Ironmonkey.

The plaintiffs and their attorneys first

were notified of this issue in an AutoAdmit thread on June 12, 2007. See

WSJ BLOG HAS THE COMPLAINT!!!!!

. The plaintiffs have submitted to this court several other posts from that

same thread on that very same day, so their awareness of these warnings is

indisputable.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769257)



Reply

Date: May 12th, 2008 12:36 PM
Author: mauve mind-boggling giraffe piazza

I'm actually confused about who's referring to what, here, but I'll accept shoutout's wherever I can get them.

Edit: I get it now. *taks a bow*

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771843)



Reply

Date: May 11th, 2008 11:08 PM
Author: Free-loading Multi-colored Station Sound Barrier

Nice.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769324)



Reply

Date: May 11th, 2008 11:09 PM
Author: misanthropic razzle-dazzle principal's office factory reset button

This is brutally devastating, especially when compared to KVN's POS brief.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769329)



Reply

Date: May 11th, 2008 11:11 PM
Author: Titillating queen of the night

Totally. It's interesting how quickly the momentum can turn in litigation. I don't really like AK47 (but I feel a little sorry for him), still regardless if I were the judge I would totally dismiss the complaint.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769332)



Reply

Date: May 11th, 2008 11:15 PM
Author: mint shrine

do you guys really think it's that good? KVN's is terrible, no doubt, but he doesn't engage the facts much when he's really making the argument that the copyright claim is just a manufactured hook. he mostly points to the fact that the copyright was registered right before the action commenced, but that's not nearly as damning as the fact that only one D actually violated the copyright statute, right?

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769349)



Reply

Date: May 11th, 2008 11:29 PM
Author: cruel-hearted sepia stock car faggotry

It seems to me that making a big deal about registering the copyright immediately before the action commenced is pointless.

The Doe has the right to exert her copyright rights. Whether or not she has a mixed motive to also use this as a jurisdictional hook is irrelevant.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769421)



Reply

Date: May 11th, 2008 11:30 PM
Author: Titillating queen of the night

That's not what Lemley said in his paper.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769430)



Reply

Date: May 11th, 2008 11:32 PM
Author: Maniacal boyish coffee pot gay wizard

I'm confused. Doesn't the motion say that the work isn't in fact registered, and that Doe doesn't have a valid copyright?

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769441)



Reply

Date: May 11th, 2008 11:35 PM
Author: Titillating queen of the night

It gives multiple alternative reasons to dismiss the complaint.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769453)



Reply

Date: May 11th, 2008 11:38 PM
Author: Maniacal boyish coffee pot gay wizard

But if the work isn't registered and Doe doesn't own the copyright to it, it's end of story. Can't sue for copyright infringement.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769467)



Reply

Date: May 11th, 2008 11:41 PM
Author: Titillating queen of the night

You're allowed to make more than one argument.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769491)



Reply

Date: May 11th, 2008 11:43 PM
Author: Maniacal boyish coffee pot gay wizard



(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769502)



Reply

Date: May 11th, 2008 11:40 PM
Author: cruel-hearted sepia stock car faggotry

Here is the quote:

"[b]y mischaracterizing tort claims as copyright claims, plaintiffs seek to take advantage of a more favorable legal regime. This sort of gamesmanship is undesirable."

1) It isn't binding precedent (obviously). Indeed the quoted passage merely states an opinion that something is undesirable, not that any court has ever held it to be improper.

2) The complaint here contains bona fide copyright claims. I'd like to know which claims Williams thinks are tort claims mischaracterized as copyright claims.

3) If they had to, the does would simply argue that the present set of circumstances can be distinguished from those at the heart of this quote.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769482)



Reply

Date: May 11th, 2008 11:44 PM
Author: Maniacal boyish coffee pot gay wizard

1) If Doe doesn't own the copyright, she has no "bonafide" copyright claim.

2) Copyright is intended to further the "progress of science" by incentivizing authors to create. Suing for copyright infringement of a photograph that an author has no intention of economically exploiting is pretextual.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769511)



Reply

Date: May 11th, 2008 11:49 PM
Author: cruel-hearted sepia stock car faggotry

1) See, here's the problem. Saying that Doe doesn't own the copyright is a DEFENSE to the copyright claim. The court has SMJ if the complaint AS FILED contains a case or controversy arising under federal law. It does.

2) Again - a copyright owner is entitled to exercise her rights. It is irrelevant that she has a mixed motive. Part of the litigation game is finding ways to get the most favorable forum, choice of law, etc.

3) Your silence on this one is noted.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769536)



Reply

Date: May 11th, 2008 11:52 PM
Author: Maniacal boyish coffee pot gay wizard

Lack of a valid registration is a jurisdictional matter, dumbass. I suggest you first learn a little about what you are attempting to argue before making assertions.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769555)



Reply

Date: May 12th, 2008 12:01 AM
Author: cruel-hearted sepia stock car faggotry

I just don't think you understand how these things work.

Whether or not the plaintiff's registration is or is not valid is itself a matter of federal copyright law.

If I file a suit for patent infringement against you, I can bring it in federal court because a suit for patent infringement is a case or controversy under federal law.

If your defense is that I don't have a valid patent, the case is still going to be tried in federal court.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769599)



Reply

Date: May 12th, 2008 12:06 AM
Author: stimulating splenetic parlour

The judge ordered briefing on the issue. Even if you're technically right, if the judge wants to dismiss the case on SMJ grounds he could just dismiss the copyright count sua sponte (or interpret AK47's brief as a motion to dismiss the copyright count) and then dismiss the state law claims because SMJ died with the copyright count.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769621)



Reply

Date: May 12th, 2008 12:08 AM
Author: stimulating splenetic parlour

As to your last sentence, KVN admitted Doe 1 doesn't have a valid copyright, so there's no need for anything to be tried since they conceded the point. If they judge doesn't buy that it was an error (or won't give them the benefit of the doubt since they never tried to fix it) he has enough on the record to dismiss it sua sponte.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769626)



Reply

Date: May 12th, 2008 12:17 AM
Author: Maniacal boyish coffee pot gay wizard

I don't think you understand the issues here.

"Federal district courts possess only limited jurisdiction, which Congress regulates by statute...In a copyright action, a district court initially derives its jurisdiction from two sources: 28 U.S.C. §§ 1331 and 1338... Congress may supplement or limit these basic provisions with additional requirements "expressed in a separate statutory section from jurisdictional grants." Section 411(a)... provides that "no action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title."

Whether this requirement is jurisdictional is not up for debate in this Circuit. On two recent occasions, we have squarely held that it is. See Well-Made Toy Mfg. Corp. v. Goffa Int'l Corp., 354 F.3d 112, 114, 115 (2d Cir. 2003) (affirming dismissal for lack of "subject matter jurisdiction" because section 411(a)'s "registration requirement is jurisdictional"); Morris v. Business Concepts, Inc., 259 F.3d 65, 72, 73 (2d Cir. 2001) (holding "that subject matter jurisdiction was lacking because the registration requirement of section 411(a) was not satisfied" and affirming dismissal "for lack of subject matter jurisdiction").

We are far from alone in this regard; there is widespread agreement among the circuits that section 411(a) is jurisdictional. See La Resolana Architects, PA v. Clay Realtors Angel Fire, 416 F.3d 1195, 1200 (10th Cir. 2005) ("Section 411(a) is the jurisdictional lynchpin to copyright infringement actions[.]"); Positive Black Talk Inc. [*122] v. Cash Money Records Inc., 394 F.3d 357, 365 (5th Cir. 2004) [**14] (noting that section 411(a) "supplement[s]" the "broad underlying" jurisdictional grants in 28 U.S.C. §§ 1331, 1338 and acts as an additional "jurisdictional prerequisite"); Xoom, Inc. v. Imageline, Inc., 323 F.3d 279, 283 (4th Cir. 2003) ("Copyright registration is a jurisdictional prerequisite to bringing an action for infringement under the Copyright Act."); Murray Hill Publ'ns, Inc. v. ABC Commc'ns, Inc., 264 F.3d 622, 630 n.1 (6th Cir. 2001) (noting that while copyright protection exists prior to registration, "[t]he registration requirement under section 411[a] is a jurisdictional prerequisite to the right of the holder to enforce the copyright in federal court"); Brewer-Giorgio v. Producers Video, Inc., 216 F.3d 1281, 1285 (11th Cir. 2000) ("It is well settled in this Court that the registration requirement is a jurisdictional prerequisite to an infringement suit." (internal quotation marks omitted and alterations incorporated)); Data Gen. Corp. v. Grumman Sys. Support Corp., 36 F.3d 1147, 1163 (1st Cir. 1994) (describing registration under section 411(a) as a "jurisdictional requirement")...

***

For these reasons, we conclude that § 1367(a) did not provide the District Court with jurisdiction over the claims arising from the alleged infringement of unregistered copyrights."

Muchnick v. Thomson Corp. (In re: Literary Works in Elec. Databas..., 509 F.3d 116 (2nd Cir. 2007)

HTMFH

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769656)



Reply

Date: May 12th, 2008 12:19 AM
Author: mint shrine

ty. now if only the people who disagree with me could pwn so effectively. i might learn something.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769665)



Reply

Date: May 12th, 2008 12:20 AM
Author: Maniacal boyish coffee pot gay wizard

tyty

i can't wait until i get to do this shit in court for realz

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769671)



Reply

Date: May 12th, 2008 12:46 AM
Author: adulterous deer antler gaming laptop

LOL.

*waits for NYBEG to ignore this new set of pwnage*

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769773)



Reply

Date: May 12th, 2008 1:05 AM
Author: cruel-hearted sepia stock car faggotry

I'm not sure I get what you're driving at. Are you saying that the doe with the copyright claim filed a copyright registration before the law suit was filed, but that that registration was somehow defective? Or are you saying that she didn't file it until after the lawsuit was filed?

If I am not mistaken the cases you cited involved situations in which the plaintiff did not even allege that they had filed for copyright registration before their complaint was filed.

If the issue here centers on whether or not the registration is defective, or whether or not the plaintiff has a valid copyright in the first place, then that is not at all the same thing.

The plaintiff will say "here's my copyright, he infringed it". It is then a defense to say that there is no valid copyright, but that doesn't mean that subject matter jurisdiction is lost. It is a defense only and has to be sorted out through litigation.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769848)



Reply

Date: May 12th, 2008 1:24 AM
Author: stimulating splenetic parlour

That's the point of AK47's argument. Doe 1 never filed a copyright registration, and KVN admitted it. Doe 2 did, but the complaint says Doe 1 is the one suing for infringement.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769933)



Reply

Date: May 12th, 2008 12:53 PM
Author: mauve mind-boggling giraffe piazza

Ah, that is a good issue. (as may be obvious, I haven't read all the pleadings)

If Doe 1 is bringing a copyright infringement case and the copyright office has not received her app for registration, then many courts would say there is no jurisdiction.

However, some courts say that you *can* sue for injunctive relief on a copyright claim without registration. That would seem to be ridiculous here where there is no claim of ongoing infringement as far as I know.

I know of at least one other court that has said "sure, you didn't file for registration til after filing the complaint, but as a matter of judicial economy, we won't make you re-file an amended complaint now that you have filed for registration"



(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771939)



Reply

Date: May 12th, 2008 12:59 PM
Author: stimulating splenetic parlour

You should read the pleadings. The Ps are claiming that they meant for Doe 2 to sue for infringement instead of Doe 1, and the court should essentially pretend that Doe 2 is suing for infringement when considering SMJ. AK47 says it might not have actually been a typo and they should be held to what the complaint says because they had notice for almost a year and never attempted to amend until they were called out on it at oral argument.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771963)



Reply

Date: May 12th, 2008 1:02 PM
Author: mauve mind-boggling giraffe piazza

Have they asked for leave to amend the pleading to substitute Doe 1 for Doe 2?

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771980)



Reply

Date: May 12th, 2008 1:03 PM
Author: stimulating splenetic parlour

No.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771989)



Reply

Date: May 12th, 2008 9:41 AM
Author: Maniacal boyish coffee pot gay wizard

LOL, feigning confusion is not one of the better trial tactics. I hope for your sake that you are not in law school. If you are, you'd better start paying attention.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771240)



Reply

Date: May 12th, 2008 12:19 PM
Author: Stirring scarlet genital piercing partner

You're a douche. And you misunderstood his question.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771754)



Reply

Date: May 12th, 2008 12:50 PM
Author: mauve mind-boggling giraffe piazza

That doesn't contradict what he's saying.

I think we all agree that you have to have a copyright registration (or the copyright office has to have received for registration application--there is a circuit split on that issue) to sue for copyright infringement.

But if you've got the registration (I understand that one of the Ps does), the argument that the registration is invalid doesn't affect the jurisdiction issue.



(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771920)



Reply

Date: May 12th, 2008 12:54 PM
Author: stimulating splenetic parlour

But the P that has the registration didn't sue for infringement, and the P that is suing for infringement didn't send out an application.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771942)



Reply

Date: May 12th, 2008 1:04 PM
Author: mauve mind-boggling giraffe piazza

Got that now. If I were the judge, I might grant the motion to dismiss w/o prejudice and with leave to amend the pleadings.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771994)



Reply

Date: May 12th, 2008 12:47 PM
Author: mauve mind-boggling giraffe piazza

In this case, if a registration has issued (in fact, issuance may not be strictly necessary, but that's another issue), you've got jurisdiction to sue for copyright infringement.

The Court may find that you don't own the copyright, but that's another issue.

Now, if the D could argue that insufficient facts were plead to make out a claim of copyright ownership, that might work. But with notice pleading, that's sort of an uphill battle. A motion for more specific pleading might get you where you want to go.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771904)



Reply

Date: May 12th, 2008 1:55 PM
Author: Floppy claret idea he suggested

Question about ownership. The picture is of one of the plaintiffs. She obviously did not take the picture so does she have to show ownership of the copyright? Does she have to show some kind of proof that the person who took the picture transferred it to her?

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9772200)



Reply

Date: May 12th, 2008 2:16 PM
Author: mauve mind-boggling giraffe piazza

She has to show ownership of copyright either way if she's asserting a copyright claim.

Registration is prima facie evidence of valid copyright ownership if registered within 5 years of publication (I think) of the work. (maybe it's creation, I forget right now).

Whether she *actually* owns any copyright interest in the photographs is another issue that Ds would have to rebut (given a registration in her name). Whether she owns any copyright interest in the photos depends on whether she contributed any original expression to the photo (maybe creative posing, or other contributions?)

Not sure if it would work, but Ds could file a motion for more definite statement/clarificatino of complaint (I forget what this is called, but I think it's a 12(b) motion) asking that they more clearly state the facts giving rise to their copyright complaint (including ownership facts), but I'm not sure if this would be successful if they just allege ownership of a registration.

Of course, they managed to screw that part up from what I understand.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9772285)



Reply

Date: May 11th, 2008 11:53 PM
Author: mint shrine

1) he harps on the ownership issue to make the point that they were just searching for a way to get federal jurisdiction. he's saying that while they carefully tracked down potentially tortious statements made about each of the Does, they didn't even both to identify the alleged victim of copyright infringement correctly.

2) trying to get in an ideal forum is part of the game, but the courts limit how you can play it. the point isn't that she isn't entitled to exercise rights under copyright law; the point is that a trumped up copyright claim shouldn't be the backdoor to federal court for the Does tort claims.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769563)



Reply

Date: May 12th, 2008 12:06 AM
Author: cruel-hearted sepia stock car faggotry

"the point is that a trumped up copyright claim shouldn't be the backdoor to federal court for the Does tort claims."

First of all there is a difference between "trumped up" and "validly exerted for the mere purposes of getting SMJ".

Second, you can make the argument to the judge but at the end of the day the judge still has discretion to hear the pendant claims together. This "shouldn't" is a plea to the judge, not a mandate that binds the judge's hands.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769622)



Reply

Date: May 12th, 2008 12:09 AM
Author: mint shrine

"This 'shouldn't' is a plea to the judge, not a mandate that binds the judge's hands."

never thought otherwise. but as my good friend DeanRobbins333334 above took pains to reiterate to me, 1367(c) is a mandate to kick certain suits out of the fed courts, even when pendent jurisdiction exists.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769630)



Reply

Date: May 12th, 2008 12:13 AM
Author: stimulating splenetic parlour

It's only validly exerted if the judge is lenient and treats the copyright claim as if it were made by Doe 2. If the judge doesn't treat it as an error, or finds it was an error but holds KVN to it because they didn't amend for a year, then the copyright claim wasn't validly exerted.

But you're right it's all in the judge's discretion. He has enough to go on to do whatever he wants here.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769643)



Reply

Date: May 11th, 2008 11:54 PM
Author: stimulating splenetic parlour

But if Doe doesn't own the copyright she doesn't have standing to sue. Also KVN told the court that the complaint as filed is wrong.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769566)



Reply

Date: May 11th, 2008 11:46 PM
Author: Titillating queen of the night

Duh. The point is Lemley will like a douchebag arguing against his own paper.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769523)



Reply

Date: May 11th, 2008 11:55 PM
Author: cruel-hearted sepia stock car faggotry

I guess you didn't read what I said.

That quote appears to have been in reference to some claims that were actually tort claims but which were mischaracterized as copyright claims. That isn't true here. There are bona fide copyright claims. Do you know what "characterization" means as a legal term of art as it applies to claims?

And again - if he really had to he could simply distinguish the cases.



(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769569)



Reply

Date: May 11th, 2008 11:56 PM
Author: Maniacal boyish coffee pot gay wizard

You seem to be missing the point. There is no valid copyright claim where there is no valid copyright. Here, there appear to be no valid copyright held by any of the parties.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769576)



Reply

Date: May 11th, 2008 11:57 PM
Author: stimulating splenetic parlour

It's not a bona fide copyright claim unless you have standing to sue for infringement.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769584)



Reply

Date: May 12th, 2008 12:10 AM
Author: godawful fragrant menage hunting ground

"simply distinguish"

Just finishing up 1L eh?

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769632)



Reply

Date: May 12th, 2008 12:23 PM
Author: Stirring scarlet genital piercing partner

it is emphatically not a valid copyright claim. Doe I does not have standing under any rubric recognized by law to sue for injury suffered by Doe II.

Any contention otherwise is, at best, facetious.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771780)



Reply

Date: May 12th, 2008 12:42 PM
Author: mauve mind-boggling giraffe piazza

"The complaint here contains bona fide copyright claims."

That sort of depends on your definition of "bona fide." You could probably argue successfully that, at this point, the copyright claims shouldn't be dismissed, but not really sure.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771884)



Reply

Date: May 11th, 2008 11:33 PM
Author: mint shrine

the copyright registration right before suit thing happens constantly since it's simply not cost-effective to register most things that can be protected by copyright.

again, i think it puts KVN's brief to shame, but i feel like it's not all that great. but so it goes with pro boner work.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769446)



Reply

Date: May 11th, 2008 11:36 PM
Author: Titillating queen of the night

But you think 1367a, not 1367c, is the issue here.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769456)



Reply

Date: May 11th, 2008 11:43 PM
Author: mint shrine

yep. i'm an idiot with a tiny pink dick and i'm flunking out of my TTTT.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769505)



Reply

Date: May 11th, 2008 11:46 PM
Author: Titillating queen of the night

That's right.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769520)



Reply

Date: May 11th, 2008 11:11 PM
Author: dead exhilarant patrolman jewess

I'm confused.

Why does the Keker brief refer to teh AT & T privacy policy? Wasn't AK47 using AOL ?



(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769330)



Reply

Date: May 11th, 2008 11:12 PM
Author: mint shrine

AT&T is probably his ISP. AOL is involved because they have various AIM ids.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769335)



Reply

Date: May 11th, 2008 11:15 PM
Author: dead exhilarant patrolman jewess

But did his AIM ids defame anybody ?

Also, isn't Williams going to get slapped for using the word "Heller" in his brief?

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769353)



Reply

Date: May 11th, 2008 11:21 PM
Author: mint shrine

discovery is liberal.

dunno what the rules are when a party is allowed to proceed anonymously.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769382)



Reply

Date: May 11th, 2008 11:12 PM
Author: Titillating queen of the night

I guess they're saying that AK47 was on notice that his identity could be released, so he can't claim surprise now.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769338)



Reply

Date: May 11th, 2008 11:18 PM
Author: insecure dingle berry

Are there new pleadings? What's the docket number, so I can pull it up on pacer.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769358)



Reply

Date: May 11th, 2008 11:19 PM
Author: Cowardly Black Woman Whorehouse

google "doe v ciolli complaint"

you'll be pleasantly surprised and amused.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769368)



Reply

Date: May 11th, 2008 11:23 PM
Author: Titillating queen of the night

The new pleading is in the link above.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769392)



Reply

Date: May 11th, 2008 11:29 PM
Author: insecure dingle berry

A sunday filing? WTF?

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769422)



Reply

Date: May 11th, 2008 11:31 PM
Author: Titillating queen of the night

You can file any day of the week on PACER, but you wouldn't know that since you're not a lawyer, :D.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769434)



Reply

Date: May 11th, 2008 11:34 PM
Author: insecure dingle berry

No shit, I was questioning why you'd file anything on a Sunday when no court filing deadline would ever be on a Sunday. You don't file on PACER, moron; you file on ECF.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769447)



Reply

Date: May 11th, 2008 11:37 PM
Author: mint shrine

not everybody files on the deadline, even if it seems that way. probably wanted to get the pro bono stuff out of the way so he wouldn't have to deal with it this week. or maybe he missed a deadline?

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769465)



Reply

Date: May 11th, 2008 11:52 PM
Author: Floppy claret idea he suggested

how do you know this is pro bono?

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769554)



Reply

Date: May 11th, 2008 11:56 PM
Author: stimulating splenetic parlour

April 16, 2008 39 Order Appointing Pro Bono Counsel: John R. Williams for Defendant AK47 for the limited purpose of arguing the motions to quash and to proceed in fictitious name. Signed by Judge Christopher F. Droney on 4/16/08. (Droney, Christopher) (Entered: April 16, 2008)

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769578)



Reply

Date: May 11th, 2008 11:18 PM
Author: Cowardly Black Woman Whorehouse

doesnt matter. ak47's future is in KVN's hands. his identity was revealed to them by AT&T. they can file a state law tort suit against him and out him, which is really what this is all about anyway.

this would of course mean all the other Ds wouldnt be on the hook aynmore.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769359)



Reply

Date: May 11th, 2008 11:24 PM
Author: Titillating queen of the night

True, but this is pretty good lawyerly pwnage nonetheless. he used Lemley's own paper against him.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769396)



Reply

Date: May 11th, 2008 11:25 PM
Author: Cowardly Black Woman Whorehouse

cp

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769399)



Reply

Date: May 11th, 2008 11:26 PM
Author: cruel-hearted sepia stock car faggotry

Not necessarily. Who knows what they've turned up about the others since they began expedited discovery.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769403)



Reply

Date: May 12th, 2008 1:04 AM
Author: Thirsty Racy Headpube Bbw

No, moron. The failure of the complaint to establish SMJ would knock out all of the defendants but one or two regardless of what expedited discovery turns up.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769844)



Reply

Date: May 11th, 2008 11:33 PM
Author: Brass Curious Lettuce

If they do, he'd probably be wise to countersue for malicious prosecution.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769443)



Reply

Date: May 11th, 2008 11:49 PM
Author: Titillating queen of the night

That claim doesn't really work.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769537)



Reply

Date: May 11th, 2008 11:40 PM
Author: wonderful goyim



(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769481)



Reply

Date: May 12th, 2008 12:11 AM
Author: Vivacious personal credit line internal respiration

what's this Virginia litigation now?

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769635)



Reply

Date: May 12th, 2008 12:12 AM
Author: mint shrine

W. Virginia. There's not a separate suit, but there's litigation over subpoenas issued to AOL.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769641)



Reply

Date: May 12th, 2008 8:29 AM
Author: henna philosopher-king marketing idea

isn't it western district of VA?

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771179)



Reply

Date: May 12th, 2008 10:53 AM
Author: Free-loading Multi-colored Station Sound Barrier

yes

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771442)



Reply

Date: May 12th, 2008 1:06 AM
Author: Swashbuckling Hateful Half-breed Institution

What did AK47 even do? Did he out anybody?

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9769851)



Reply

Date: May 12th, 2008 2:08 AM
Author: Irradiated Navy Center

he made a bunch of nasty threads/comments about some girls who were attending yls.

one thread went something like this:

"all girls named XXXXX need to be raped"

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9770141)



Reply

Date: May 12th, 2008 9:46 AM
Author: Floppy claret idea he suggested

or was that thread about all girls with that name?

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771242)



Reply

Date: May 12th, 2008 10:25 AM
Author: Big carnelian ceo

he said "women" plural, right? pretty sure he meant all girls with that name

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771316)



Reply

Date: May 12th, 2008 10:31 AM
Author: Talented poppy dog poop hospital

/thread.php?thread_id=646214&mc=6&forum_id=2

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771331)



Reply

Date: May 12th, 2008 10:55 AM
Author: Free-loading Multi-colored Station Sound Barrier

Interesting moniker to be asking this

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771449)



Reply

Date: May 12th, 2008 12:38 PM
Author: Stirring scarlet genital piercing partner

What the hells an AR18?

I've never fired one, that's for sure

Edit: Oh. The gun the US Army passed over in favor of the AR15 that real men shoot. Sorry bout your tiny pink... oh too easy never mind

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771854)



Reply

Date: May 12th, 2008 7:34 AM
Author: dead exhilarant patrolman jewess

When a judge "appoints pro bono counsel" - does that mean the lawyer came forward and volunteer to do it or does the court pick someone off a list and tell him to do it whether he wants it or not.

The reason I'm asking is that Radazza's blog says something like "the judge took the step of appointing pro bono counsel" - making it sound like this was something unusual.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771148)



Reply

Date: May 12th, 2008 9:47 AM
Author: beady-eyed weed whacker

In the District of Connecticut, the court picks off a list, and the appointee has a period of time to decline.

I know Atty. Williams, and this case is right up his alley. Kudos to him for picking up on the SMJ issue when AK47 wasn't smart enough to

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771244)



Reply

Date: May 12th, 2008 10:17 AM
Author: Thirsty Racy Headpube Bbw

Dood, the SMJ issue was spotted by IronMonkey last year. Apparently, AK47 is an idiot.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771301)



Reply

Date: May 12th, 2008 10:24 AM
Author: Floppy claret idea he suggested

Didn't he say he's not a lawyer?

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771314)



Reply

Date: May 12th, 2008 11:47 AM
Author: Thirsty Racy Headpube Bbw

There are mnay idiot lawyers. We all know this.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771631)



Reply

Date: May 12th, 2008 12:54 PM
Author: Hyperventilating twinkling uncleanness

cr.

I could be wrong though, but I thought it was the judge that brought up the SMJ issue?

I may be giving AK47 too much credit here, but maybe he was banking on that from the beginning so he could draw this out?

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9771944)



Reply

Date: May 12th, 2008 3:14 PM
Author: Thirsty Racy Headpube Bbw

It sounds like AK47's counsel brought it up. He refers to multiple requests for confirmation of the Doe I/II issue right before the oral arguments.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9772576)



Reply

Date: May 12th, 2008 1:26 PM
Author: Floppy claret idea he suggested

Yes I totally agree with this but if AK47 is not a lawyer then there is no reason why he should have seen the smj issue.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9772099)



Reply

Date: May 12th, 2008 1:58 PM
Author: Hyperventilating twinkling uncleanness

He went to law school at least, right?

Maybe it was his favorite thing in civ pro.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9772209)



Reply

Date: May 12th, 2008 2:57 PM
Author: Floppy claret idea he suggested

i have no idea if he went to law school or not

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9772501)



Reply

Date: May 12th, 2008 1:05 PM
Author: mauve mind-boggling giraffe piazza

Either that, or IronMonkey is just really really insightful.

*nods*

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9772005)



Reply

Date: May 12th, 2008 4:33 PM
Author: dead exhilarant patrolman jewess

Somebody needs to start a blog on this. Maybe some Harvard student who read the complaint for class ..

What is going on in Western District of Virginia versus AOL (the one that GTO intervened in) ?

Is Williams representing AK in both suits ?

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9773016)



Reply

Date: May 12th, 2008 4:36 PM
Author: mint shrine

The Virginia lit has to do with subpoenas to AOL. GTO turned over the names on his buddy list which he could associate w/xo posters (or so it seems), and KVN subpoenaed AOL for that info. GTO and GTO's mother moved to quash.

it seems pretty unlikely that AK47 was on GTO's buddy list, so i don't think he's involved with that stuff.



(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9773032)



Reply

Date: May 12th, 2008 4:57 PM
Author: dead exhilarant patrolman jewess

Thanks.

Why don't you start a blog on this?

If you wanted to go big time and expand to other issues, you could steal a story from WSJ every now and then. You'd outrank abovethelaw in about two days.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9773150)



Reply

Date: May 12th, 2008 5:01 PM
Author: mint shrine

i find it genuinely fascinating, but for obvious reasons i'd prefer to not link myself to the litigation in any way shape or form.

(https://xoxohth.com/thread.php?thread_id=812353&forum_id=2#9773170)