Wyświetl załącznik 8119615
Still no filing as of 7:20pm Pacific. Bunch of schmucks.
Well played with the Jewish epithet.
The files are online as well, so here are the PDF, I will start reading now.
Its still the good old "we didn't do nuffin" defense.
"Even though the Kleins have shown no evidence of an actual H3Snark moderator engaging in any such conduct, they accuse Does of being responsible. More importantly, TEI introduces no evidence of infringement by Does; TEI merely relies on unfounded speculation and assumptions."
*cough* sticky post
"Therefore, to succeed in unmasking Does, TEI must persuade the Court that there is a real evidentiary basis for believing that Does engaged in wrongful conduct that caused real harm to TEI’s interests that the laws TEI invokes—here, copyright laws—are intended to protect."
They are so terminally retarded it is actually funny to read this. TEI actually provided a long list of DMCA strikes enacted against Reddit and the snark subreddit in particular, with evidence of copyright infringing material posted by moderators of the subreddit. This includes a fraudulent counter-claim. The reasons to unmask the jannies is are multitude and they keep sperging.
"TEI has not submitted competent evidence for its claim for contributory copyright infringement or alleged harm. Does, in routine Reddit moderation practice of creating pinned posts, shared links to content creators who live-streamed reaction videos of TEI’s Nuke. Reaction videos— i.e., analysis of another creator’s videos, in a content creator’s own video, is so commonplace the industry that it’s often difficult to tell where one creator’s content begins and another’s ends. (Does Reply Declaration (“DRD”) ¶10.)"
They are even quoting themselves to support their claims. lol
"Your honor, copyright infringement is the industry norm, so its ok that we contributed to it!"
Bold strategy.
"In actuality, references to creators supporting the Subreddit reflect three creators’ direct engagement with the Subreddit community as users, or citation of r/h3snark in their own critiques, not any creator’s direct support of moderators."
They admit that three of the creators in the pinned comment are users on the H3snark subreddit.
I am pretty sure that was not known as a fact until now. What a fucking unforced error.
"Finally, no one would have viewed the Megathreads and conversation thereon as a substitute for watching Nuke that would have created an effect on the potential market for it."
I cannot tell if these people really believe the bullshit fantasy they are creating here. They are pretty much arguing that "we didn't know they would steal the content" and "not showing support for H3 does not mean stealing the content" (trust me bro, we say this so its true!) and therefore we never actually harmed them in any way! Its such a slimy way of arguing their position, one non sequitur argument following on the other, it is hard to keep track of all the different strings of "trust me bro" arguments that would be better made in front of a jury, but not as arguments against being unmasked for the purpose of being served with legal papers.
I could see them getting away with it in front of a jury, unless Ethan lawyer manages to show how disingenuous they are.
I also fully expect a declaration from Frogan (who I believe is one of the creators active in the subreddit) that will throw the Jannies under the bus very soon. There have been no new filings in her case, despite the deadline expiring a month ago.
