Lolcow LLC v. Liz Fong-Jones (2026)

[Betonhaus]

Null and Hardin are only making that argument because the DMCA request presupposes they're liable. So, yes, it's relevant.

I feel like even referencing this would call into question the defendant's confidence that no copyright infringement has occured.

 

[Your Girlfriend's Dad]

I feel like even referencing this would call into question the defendant's confidence that no copyright infringement has occured.

How do you figure?

 

[Betonhaus]

How do you figure?

Generally once you start to invoke the narcissist prayer the jury will figure you're full of shit.

That didn't happen.
And if it did, it wasn't that bad.
And if it was, that's not a big deal.
And if it is, that's not my fault.
And if it was, I didn't mean it.
And if I did, you deserved it."

Moving the goal posts of the defense even before the original goal gets struck down is generally looked down on and historically reduced the chances of winning a case.

Introducing this argument would require doing a 180 on the claim that what occurred wasn't copyright infringement, and that 180 could torpedo the whole defense.

 

[Useful_Mistake]

Generally once you start to invoke the narcissist prayer the jury will figure you're full of shit.

Moving the goal posts of the defense even before the original goal gets struck down is generally looked down on and historically reduced the chances of winning a case.

Introducing this argument would require doing a 180 on the claim that what occurred wasn't copyright infringement, and that 180 could torpedo the whole defense.

You are allowed to have multiple defenses, and it is routine to do so.

 

[mindlessobserver]

More importantly, failing to raise a defense often means you can't raise it in the future. So you always fire off every possible defense you have no matter how esoteric and far fetched. The worst that can happen then is court says "no". Conversely, the worst that can happen if you don't is that could have been your path to victory but because you didn't raise it you can't use it.

 

[LiquidChrisRespecter]

the worst that can happen if you don't is that could have been your path to victory but because you didn't raise it you can't use it.

This is precisely what we've seen with the Shitlips case. Skordas neglected to bring in legitimate arguments in a timely fashion that Mr Hardin is now raising and although they remain legitimate, as far as the Judges are concerned, that ship has sailed.

 

[mindlessobserver]

This is precisely what we've seen with the Shitlips case. Skordas neglected to bring in legitimate arguments in a timely fashion that Mr Hardin is now raising and although they remain legitimate, as far as the Judges are concerned, that ship has sailed.

This is technically not true. Skordas had the case dismissed on a 12b6 motion for failure to state a claim. No defenses were raised because no defenses were filed. The case was dismissed on the face of the plaintiffs complaint being deficient in all respects.

The problem is the judges handling the case at both the district and appellate level haven't done their jobs and treated the lawsuit with the due diligence it deserves. Which is none. But it also means that the judges and magistrates are as lost in time with Greer v. Moon as the casual observer is. No answer and defenses were raised until years into the case. But the 10th Circuit made a precedential ruling proscribing fair use as a defense via time travel. Because Null didn't raise the fair use defense as an appropriate remedy in the future, it is now retroactively denied in the past.

*EDIT*

Also, I've had a moment to think about the USIPS situation. Now that I think about this, this may have been a catastrophic mistake by Dong. Never mind filing an intervener to quash a subpoena. I can see a path here for USIPS to join the lawsuit as a plaintiff. To do that though, USIPS will have to hire another attorney.

 

[Belgians in the Congo]

I can see a path here for USIPS to join the lawsuit as a plaintiff. To do that though, USIPS will have to hire another attorney.

Why would that be a desirable thing? It's spending twice as much cash on lawyers to fight the very same tranny.

 

[McMitch]

Why would that be a desirable thing? It's spending twice as much cash on lawyers to fight the very same tranny.

It’s lucky the USIPS employs its own lawyer, Hatthew “Hatt” Mardin, who conveniently works on contingency.

 

[mindlessobserver]

Why would that be a desirable thing? It's spending twice as much cash on lawyers to fight the very same tranny.

It introduces another element. USIPS is explicitly a political organizing non profit. Unlike Kiwifarms. By targeting USIPS Dong cant ignore the issue that his efforts are being done to misuse the DMCA to silence political activity he disagrees with.

Even better, since USIPS is a separate entity, if Dong is found to have maliciously used the DMCA, he would have to pay both Lolcow LLC and USIPS.

 

[IamnottheNSA]

 

[mailfrawd]

Ver archivo adjunto 8762224

The information received as a result of the Subpoena will only be used to protect my rights under Title 17 of the United States Code.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

 

[Dante Alighieri]

He really doesn't want that picture mocked. Why?

 

[Capsaicin Addict]

He really doesn't want that picture mocked. Why?

The picture's just the tool. As has been noted, what he wants is to harass people.

I'm going to go out on a limb here, in fact, and speculate: I think he'd just love to get hooks into one or more posters here and use them to try and get at Null.

 

[Tinidril]

I'm going to go out on a limb here, in fact, and speculate: I think he'd just love to get hooks into one or more posters here and use them to try and get at Null.

This is not implausible. This is why, as far as I understand, Null doesn't pal around with us Kiwi Farmers IRL.

 

[CEO of Gay]

Also, I've had a moment to think about the USIPS situation. Now that I think about this, this may have been a catastrophic mistake by Dong. Never mind filing an intervener to quash a subpoena. I can see a path here for USIPS to join the lawsuit as a plaintiff. To do that though, USIPS will have to hire another attorney.

Well, if you have any ideas that you think might be useful to Null or Hardin, certainly don't hesitate to tell them.

 

[pursuitsnail]

Ver archivo adjunto 8762299

Seems pretty meaningless when not only are the penalties for perjury going to be nowhere near what he'll try to do once he has your phonebook, you'll face a far harder fight to prove it than his little pinky swear that he's totally not going to girltalk everyone you know.

 

[BoomerPrime]

This is not implausible. This is why, as far as I understand, Null doesn't pal around with us Kiwi Farmers IRL.

Clearly someone wasn't invited to the annual Kiwi Kristmas party.

 

[TV's Adam West]

Gender faggotry isn't about trying to be like feminism, it's about being better than feminism.

I thought it was about ethics in games journalism?

 

[Null]

GiveSendGo called Hardin to pray for the defense of the forum.