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#FifthCircuit #Section230 brief https://t.co/hbq4fIZCIl #GameOver

United States انضم Haziran 2023
0 يتبع215 المتابعون
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@grok Article I, Section 8, Clause 8 of the U.S. Constitution gives Congress the power “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Doesn't that mean protecting someone else’s IP isn’t some government overreach—it’s one of the enumerated powers?
David 'JoelKatz' Schwartz@JoelKatz

No, X has no such obligation. Such an obligation would be unconstitutional. X has the First Amendment right to continue speaking, at its own risk, until a court finally adjudicates the merits of the claims against it. This is precisely why you can't find that "shall" clause you imagine.

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Legal Mindset
Legal Mindset@TheLegalMindset·
Yet another example of unfair business practice by Twitch through selective enforcement, slamming Christian Vtuber @celestiumart with a suspension with no explanation (likely because she expressed her genuinely held religious beliefs) while freely allowing promotion of violence and terrorism by their Maoist Golden Boy.
Celestium ☦️💎☕@celestiumart

twitch denied my appeal

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I mean, the literal entire point of the dmca is that a company is required to expeditiously remove infringing material. That's basically it's entire premise. I'm not sure why you think it's unconstitutional to stop people from copyright infringement. But here's the appeal, I'm sure you might find something in there that has some Merit if you look hard enough. It's hidden but it's there:charterwestbank.com/wp-content/upl
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David 'JoelKatz' Schwartz
And the case was garbage, vexatious nonsense, and incompatible with US law. That's why it was dismissed with prejudice despite there being a potentially valid claim hidden deep within it. Do you have a link to the appeal? I'm curious whether it seeks to revive the potentially meritorious claim or continue the farcical crusade.
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I mean, the literal entire point of the dmca is that a company is required to expeditiously remove infringing material. That's basically it's entire premise. I'm not sure why you think it's unconstitutional to stop people from copyright infringement. But here's the appeal, I'm sure you might find something in there that has some Merit if you look hard enough. It's hidden but it's there:charterwestbank.com/wp-content/upl…
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David 'JoelKatz' Schwartz
The answer is no. They have no obligation to remove content just because someone alleges it violates their copyright. If the DMCA imposed such an obligation, which it very much doesn't, it would be unconstitutional for the same reason a prior restraint in this case would have been. X has the First Amendment right to take the risk that it will lose on a full adjudication on the merits of the claim its speech is unlawful absent some extraordinary circumstances clearly not present here.
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Let's just rewind for a second. They have a process, he followed it. The process has a statutory requirement. Did they follow it? Let's not skip so far ahead let's just start there. Do you believe that there is a statutory requirement that upon notification of infringing material, X Corp had a statutory obligation to expeditiously remove it, or do you believe that's still a question of law that hasn't been settled? If you say it doesn't matter, explain why it doesn't matter. Just saying it it doesn't matter doesn't demonstrate anything other than you have no specific reasoning. Worry about the law and rules, not the parties.
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David 'JoelKatz' Schwartz
"You just said 'that would just mean that X would not be able to invoke the DMCA safe harbor defense to his copyright infringement claim.' Thank you. That's the point. Without safe harbor, X is exposed to full copyright liability for hosting infringing content with knowledge. That's what this entire case is about. You just conceded the core of it." You've absolutely lost your mind. As I said that *would* mean that X has no DMCA defense. In other words, if you are correct about X violating the DMCA, all that would mean is that X would have one less possible defense to a claim of copyright infringement. It absolutely does not mean X would be liable for anything. I've already cited, at least three times, the portion of X's brief that explains this. "You said you're not sure what statutory requirement I'm referring to. It's 17 U.S.C. § 512(c)(1)(C). Upon receiving a valid DMCA takedown notice, a service provider must act expeditiously to remove or disable access to the allegedly infringing material." That's not what it says. It imposes absolutely no duty or requirement on a provider at all and if you tried to sue for a violation of (c)(1)(C) you'd be laughed out of court. "That's not a 'shall' clause in (c)(1)(C) specifically because it doesn't need to be — the obligation is structural. If the provider doesn't comply, they lose safe harbor protection under § 512(c)(1)." There you go. There's no requirement and no obligation. It just means X, at worst, loses the (c)(1) safe harbor. X had numerous other defenses to Riddle's claim of copyright infringement that involved disputes of both fact and law. "That's not a defense X can invoke when it's convenient and ignore when it's not. It's a condition. They didn't meet it." That's exactly what X can do. They can invoke any number of defenses to a claim of copyright infringement if they wish. The DMCA safe harbor is just one of them. At most, if you agree with Riddle on this issue, he established that X has on fewer defense. They raised several others. "You keep saying there was no adjudication that Riddle was likely to prevail. The DMCA doesn't require a court adjudication before a platform acts. That's the entire purpose of the statute." Of course. A platform can act whenever it wants. The DMCA gives platforms an incentive to act before a court adjudication. But it can't, and doesn't, require them to. "Congress created a pre-litigation mechanism so copyright holders could get infringing material removed without going to court first. You're imposing a judicial prerequisite that the statute specifically eliminated." This is just complete nonsense. There never was any judicial prerequisite. With or without the DMCA platforms are free to remove content they think infringes copyright any time they want to. The statute creates an additional incentive to remove infringing content, but X is free to forego that incentive. "You also keep referencing X Corp's brief as though the defendant's own arguments are findings of fact. They're not. A motion to dismiss is the defendant's position. It's not evidence. It's not a ruling. It's a filing." Right. X raised several defenses and the court had not yet found whether they were valid or not. X raised issues of both fact and law that, presumably, Riddle would disagree with. The court had no adjudicated them. So the court, at this point, does not know whether Riddle's copyright infringement claim would have succeed. "So here's where we are. You've now: - Admitted the copyright claim is potentially meritorious - Admitted the legal theory is proper - Conceded that if Riddle is correct about the DMCA notices, X loses safe harbor" All correct. "Cited a law review article that categorizes literal copying of photographs with no fair use defense as the easy case for copyright enforcement" Yep. It likely would have been quite simple to resolve X's remaining defenses and decide whether X was liable or not. It's a shame Riddle refused to litigate that." "Argued that a 50-year-old federal statute is unconstitutional with no supporting case law" Umm, no. I argued that it would be unconstitutional if any court were to apply it to require a media company to censor speech it was sharing with the public while there were open questions of fact and law around whether the media company could be liable. And I cited two Supreme Court cases and explained the simple logic for the rule. "Told the actual plaintiff in the case that he's beyond educating." That really does seem to be the case. "At what point does the person who built a global transaction ledger look at the actual transaction data in this case and recognize what's in front of him?" What I see is a vexatious Plaintiff who wanted to go on a crusade rather than pursue a potentially meritorious claim and who so abused the legal process that a court had no choice but to dismiss a potentially meritorious claim with prejudice. I was right about every lawyer sensing a nightmare client, wasn't I?
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You just said "that would just mean that X would not be able to invoke the DMCA safe harbor defense to his copyright infringement claim." Thank you. That's the point. Without safe harbor, X is exposed to full copyright liability for hosting infringing content with knowledge. That's what this entire case is about. You just conceded the core of it. You said you're not sure what statutory requirement I'm referring to. It's 17 U.S.C. § 512(c)(1)(C). Upon receiving a valid DMCA takedown notice, a service provider must act expeditiously to remove or disable access to the allegedly infringing material. That's not a "shall" clause in (c)(1)(C) specifically because it doesn't need to be — the obligation is structural. If the provider doesn't comply, they lose safe harbor protection under § 512(c)(1). That's not a defense X can invoke when it's convenient and ignore when it's not. It's a condition. They didn't meet it. You keep saying there was no adjudication that Riddle was likely to prevail. The DMCA doesn't require a court adjudication before a platform acts. That's the entire purpose of the statute. Congress created a pre-litigation mechanism so copyright holders could get infringing material removed without going to court first. You're imposing a judicial prerequisite that the statute specifically eliminated. You also keep referencing X Corp's brief as though the defendant's own arguments are findings of fact. They're not. A motion to dismiss is the defendant's position. It's not evidence. It's not a ruling. It's a filing. So here's where we are. You've now: - Admitted the copyright claim is potentially meritorious - Admitted the legal theory is proper - Conceded that if Riddle is correct about the DMCA notices, X loses safe harbor - Cited a law review article that categorizes literal copying of photographs with no fair use defense as the easy case for copyright enforcement - Argued that a 50-year-old federal statute is unconstitutional with no supporting case law - Told the actual plaintiff in the case that he's beyond educating At what point does the person who built a global transaction ledger look at the actual transaction data in this case and recognize what's in front of him?
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David 'JoelKatz' Schwartz
As usual, it doesn't matter. Let's assume for the sake of argument that Riddle was completely correct about all of his DMCA claims. That would just mean that X would not be able to invoke the DMCA safe harbor defense to his copyright infringement claim. But X had several other defenses that had not been ruled on yet. I'm not sure what statutory requirement you think you're referring to. You mentioned (c)(1)(C) but that has no "shall" clause and just explains what a service provider has to do to have a DMCA defense. Again, there had been no adjudication that Riddle was likely to prevail on the copyright infringement claim because X raised issues of law and fact about their liability, even assuming they have no DMCA defense. That would make a prior restraint unconsitutional. Again, X explained all this in their brief in the section I referred you to at least twice now.
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Let's just rewind for a second. They have a process, he followed it. The process has a statutory requirement. Did they follow it? Let's not skip so far ahead let's just start there. Do you believe that there is a statutory requirement that upon notification of infringing material, X Corp had a statutory obligation to expeditiously remove it, or do you believe that's still a question of law that hasn't been settled?
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Copyright infringement isn't that complicated when the infringing account is also claiming to be the individual in the infringed work. According to the record, there's an image, a copyright, an unauthorized individual using it, and multiple valid DMCA takedown requests. I understand that you like to keep pleading ignorance to the actual facts while simultaneously casting full assessment with decided opinions and outcomes of your own, but, I'm not sure a more basic example of copyright infringement has ever existed ever. Someone took an image from Facebook, brought it to Twitter, pretended to be riddle, did not claim that it was parody, there is no fair use that covers this, and you believe there's some sort of potential unanswered question of fact or law here? So if you're the court instead of some guy on Twitter, and what you have in front of you is what you see right here, someone that's not just infringing but also impersonating, does the US copy right document itself, presented on record, change anything about your assessment, or do you still believe that there is some sort of unanswered question of law? If so what is that question? I mean you can say there's an unanswered question of law repeatedly, but if you can't tell me what that unanswered question is while simultaneously ignoring black letter law and clear statutory requirements, then you're just choosing to ignore the facts for your feelings.
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David 'JoelKatz' Schwartz
You are confusing things that have nothing to do with each other. Riddle did not establish that X's speech was unprotected because there were still open questions of fact and law. Thus Riddle cannot get a prior restraint to silence X's speech. Whether or not a court enjoining speech is unconstitutional is a purely constitutional issue. The DMCA issue has nothing whatsoever to do with it. Whatever you might think about X's compliance or lack of compliance with the DMCA, it has nothing to do with whether or not X's speech is constitutionally protected. So it has nothing to do with whether the First Amendment allows a prior restraint. The speech was not judged unlawful yet, so no injunction could issue. There's no indictment of what happened in the lower court. The court tried to save Riddle's potentially meritorious copyright infringement claim but Riddle insisted on filing vexatious and voluminous motions and briefs that it would have been a manifest injustice to ask X to keep replying to.
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Dc
Dc@gldnrulelivinit·
@RyanAFournier I agree completely She has made amends, taken care of herself, and became a better human and a better mother! This was done to her, out of vengeance by her ex-boyfriend Dakota Everyone deserves a second chance.
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Ryan Fournier
Ryan Fournier@RyanAFournier·
Well I just got The Bachelorette canceled for the season. 💀 You’re welcome, America 🇺🇸
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HisHolinessTheCope
HisHolinessTheCope@Davidskylarkk·
@Notwokenow Yeah 25 is an unbelievable amount of time for a kid. That’s 7 years more than he’s been alive… I think 10 or 15 woulda driven the point home.
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Kentucky Girl
Kentucky Girl@Notwokenow·
This 18 year old man’s family breaks down when they hear the judge issue a 25 year sentence for armed robbery. Caden Fontenette and 2 other young men used firearms to rob the Bulldog Convenience store. Judge West said, “Things have just changed in such an incredibly dangerous way with young people doing what I just saw you do on that screen. I cannot imagine the fear that person had that was working in that store. Just trying to go to work, make a living and go home. He has three people come in and not just grab a little quick something and run out, but terrorize him for quite some time. Pulling him around, yanking him around, putting guns in his face. All three of you.” Judge Raquel West also pointed out that Fontenette has been involved in violent altercations since he has been in jail following his arrest. He will be eligible for parole after serving 50% of his sentence. Well before he turns 40.
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You just said the litigation "never got that far" to establish likelihood of success on the copyright claim. That's not a defense of X Corp. That's an indictment of what happened in the lower court. You're describing a case where the merits were never evaluated — which is exactly what Riddle has been arguing. You then cited pages 12-13 of X Corp's own motion to dismiss as evidence that there are "open questions of fact and law." That's the defendant's brief. Of course the defendant argues the facts don't support liability. That's what motions to dismiss are. That's not a judicial finding. That's not evidence of anything other than X Corp hiring lawyers. As for the prior restraint argument — the Lemley & Volokh article you cited specifically distinguishes between cases involving creative adaptation or fair use disputes and cases involving literal, identical copying with no fair use defense. Riddle's photograph was copied identically. No transformation. No commentary. No fair use claim was ever raised by anyone. The article you cited categorizes this as the easy case. But more fundamentally — nobody asked for a prior restraint. Nobody asked for a preliminary injunction. Riddle filed DMCA takedown notices, which is the statutory mechanism Congress created under 17 U.S.C. § 512 for exactly this situation. X Corp didn't need a court order to act. They had a statutory obligation to act and chose not to. The prior restraint framework you keep invoking doesn't apply to a platform's voluntary compliance with DMCA notices. You're building an elaborate constitutional defense for a question nobody asked. The question isn't whether a court can order speech removed before adjudication. The question is why X Corp received four statutory copyright notices and reclassified them to avoid responding. Oddly enough you're trying to do the same thing right here in order to avoid that simple question. According to you, a dmca takedown request is merely a suggestion. It carries no weight whatsoever. Because if it did you wouldn't even bother making this silly argument. You're literally trying to argue that somehow somebody's rights would be violated if they weren't allowed to violate Federal copyright law.
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David 'JoelKatz' Schwartz
X's speech is presumptively protected by the First Amendment's prohibition of prior restraints at the very least until Riddle can definitively establish that his copyright infringement action against X is likely to succeed. So no prior restraint is possible until that's estlablished. That might have happened at some point in the litigation but the litigation never got that far. See X's response to the motion to dismiss, pages 12 and 13. There are open questions of fact and law relating to all three theories of copyright infringement (direct, contributory, and vicarious). See especially II B 1 titled "Speech May Not Be Restrained Until a Final Judicial Determination That It's Unprotected by the First Amendment" in the article I linked. All we have is Riddle alleging that X is liable for copyright infringement and X arguing that the facts and law support no theory of liability.
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Dr. Merle Vernon Porter
Dr. Merle Vernon Porter@RealSavageRight·
Guys how cool is this! @elonmusk has legit followed me and hit me up from multiple accounts! How lucky am I?! 🙏🏼 RP if this has happened to you because I bet it hasn’t! 😛 (No but seriously why are there so many of them and what is the goal 💀)
Dr. Merle Vernon Porter tweet media
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OKnowJUSThearMEout
OKnowJUSThearMEout@JodyJeffers11·
@dom_lucre It seems contrived and strange. But if just laughing and not some strange leftist thing then enjoy
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Dom Lucre | Breaker of Narratives
🔥🚨DEVELOPING: Gen-Z and Millennial Americans have started a growing trend of attending “Laughter Clubs” where you can go meet up with other adults to laugh on command with each other to help deal with stress. This practice started in 1995 but seems to be gaining a lot of traction with the two youngest adult generations.
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You cited a Lemley & Volokh law review article without explaining how it supports your position. I read it. It doesn't. The article argues that preliminary injunctions in copyright cases involving creative adaptation, fair use disputes, and nonliteral copying raise First Amendment concerns because courts may be restraining speech that turns out to be protected. That's the article's thesis. Here's what the article explicitly says is NOT problematic: literal copying with no plausible fair use defense. The authors specifically carve out "clear cases of piracy" and cases involving identical or near-identical copying as situations where preliminary injunctions are appropriate. Direct quote from the article: a preliminary injunction should be permissible "whenever the defendant has made identical or nearly identical copies of the plaintiff's works, and there is no claim of fair use." Riddle's copyrighted photograph was taken and used without authorization on impersonation accounts. That's literal copying. No transformation. No commentary. No fair use defense. Under the framework of the very article you cited, this case falls into the category where injunctive relief is least constitutionally problematic. The article also explicitly states that permanent injunctions after a final adjudication are constitutional. And it's a law review article — academic theory, not binding authority. 17 U.S.C. § 502 remains the law. Every circuit applies it. It has never been struck down. You cited a source that distinguishes Riddle's exact fact pattern as the easy case where copyright enforcement is clearly permissible. You might want to read it before linking it next time.
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Got to love when people argue on behalf of a massive corporations rights to do something that literally isn't actually what they're allowed to do, while simultaneously saying that an unchallenged law that's been used for 50 years is somehow unconstitutional. No real explanation as to how it would be unconstitutional to Force the takedown of copyright infringing material, but there must be some way😅
David 'JoelKatz' Schwartz@JoelKatz

Bluntly, you're beyond educating. I've tried. I give up. The analysis is as simple as I said it was. The only point you made that has any conceivable merit is that it's possible there might be some slight non-economic harm but not even conceivably sufficient to outweigh the presumed irreparable harm of censoring speech not yet adjudicated illegal. Such an order would have been clearly unconstitutional regardless of what any Federal statute says.

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