2018-12-25 - Jonathan Yaniv: DMCA Complaint -

[EmpireOfTheClouds]

View attachment 624054 His Response

Ah, Christmas. Where most of us spent time visiting family, opening presents, eating turkey dinner, having some drinks and being cuddled up on the couch with the fireplace alive and roaring and watching movies...









...and this guy spent it threatening to sue randos on the internet who said something mean about him.

 

[Apteryx Owenii]

I'm assuming this complaint is as limp as his girldick? Or is there even a remote chance of a LOLsuit?

I haven't looked into the whole thead yet but if, for example, you take a photo- you've got a copyright of it. Whether it was used fairly for criticism, etc would have to be fought in court. But it's actionable on the face of it. Except: Because he presumably did not register any of these copyrights, he has to prove his damages- i.e. he would have to show that his photo being posted here meant that he lost money because he was unable to sell the same photo as part of his business, or some other claimed loss of revenue. Good luck with that. It's why people often issue takedowns but rarely ever actually file copyright lawsuits unless it's been registered.

As to defamation, he faces a different problem; assuming the US is the jurisdiction, opinion is immune and truth is a defense. So when someone says "this guy is a predator" there's no actionable claim against them. It's either an opinion or a true fact, whichever way you look at it.

Someone can always file a lolsuit (see: Greer, Russell) even when they have no claim. But that would be a hilarious headache, not something to really be frightened into silence over.

 

[AnOminous]

I haven't looked into the whole thead yet but if, for example, you take a photo- you've got a copyright of it. Whether it was used fairly for criticism, etc would have to be fought in court. But it's actionable on the face of it. Except: Because he presumably did not register any of these copyrights, he has to prove his damages- i.e. he would have to show that his photo being posted here meant that he lost money because he was unable to sell the same photo as part of his business, or some other claimed loss of revenue. Good luck with that. It's why people often issue takedowns but rarely ever actually file copyright lawsuits unless it's been registered.

Also he issued this under a Creative Commons license by uploading it to Wikimedia.

https://commons.wikimedia.org/wiki/File:Jonathan_Yaniv.jpg
http://archive.fo/Pjjwk

 

[soy_king]

Is this guy the Israeli Jonathan Monsarrat? Since when are family photos intellectual property?

That is probably the fattest Israeli guy I've ever seen. Someone clearly failed to pass the IDF physical exams.

 

[ADN_VIII]

If he's filing DMCA's for things he put on the internet he's going to have a bad time. I almost wish there was a legal consequence for DMCA abuse to help curb this behavior.

 

[Null]

If he's filing DMCA's for things he put on the internet he's going to have a bad time. I almost wish there was a legal consequence for DMCA abuse to help curb this behavior.

The media he's claiming to own falls under four categories.

1. Media he doesn't own.
2. Media he does own but relinquished rights to or placed under CC.
3. Media he does own but is used fairly.

Almost all of it falls under Item 1. I predict he will not sue within the US because every lawyer he talks to will frantically wave their arms and say "no no no you really, really don't want to fuck with this guy on this premise".

The main thing that qualifies if something is used fairly is the audience. If the audience is different than the intended audience for the original work, it's used fairly. There's more to it than that, obviously, copyright law is its own monster, but what qualifies something as transformative is the audience.

 

[ObeseScreamingBlackMan]

this nigga’s voice tho

 

[ADN_VIII]

The media he's claiming to own falls under four categories.

1. Media he doesn't own.
2. Media he does own but relinquished rights to or placed under CC.
3. Media he does own but is used fairly.

Almost all of it falls under Item 1. I predict he will not sue within the US because every lawyer he talks to will frantically wave their arms and say "no no no you really, really don't want to fuck with this guy on this premise".

The main thing that qualifies if something is used fairly is the audience. If the audience is different than the intended audience for the original work, it's used fairly. There's more to it than that, obviously, copyright law is its own monster, but what qualifies something as transformative is the audience.

You say, "in the US." Could he sue in Canada if you and the Farms are in Freedomland?

 

[Dr. Boe Jangles Esq.]

This is frankly just kinda depressing, but I'll paraphrase something a legal friend once told me:

Rules for non-serious suits (nobody got hurt, you didn't lose money, and nothing truly important is at stake):
-Do not sue people with no money or assets.
-Do not sue the absurdly wealthy.
-Do not sue people with limitless free time to fuck you around and waste your time.
-Do not sue crazy people, you will waste more time and money on the process than whatever moral victory you think you're going to gain.
-Do not sue people who are willing to take this further than you are prepared to.

To quote a beloved lunatic:

I'm curious what the intended outcome here is. Even if all goes well, Canada has limited means to intervene here. The admin is in some soviet bloc nowhere, the servers are god knows where, the users are all over, and the only defining characteristic of the person he's attempting to threaten is a borderline suicidal will to keep this place as it is.

Johnny is in a place where a pyrrhic victory is his best case scenario.

 

[mindlessobserver]

You say, "in the US." Could he sue in Canada if you and the Farms are in Freedomland?

In theory, anyone can sue someone anywhere, but if the courts you sue in do not have the ability to enforce their judgements over the defendants, its a meaningless gesture. The United States in particular has very strong jurisdictional rules for civil torts originating in foreign countries. And by that I mean the US in almost every instance will never honor a judgement rendered by a foreign court. This is because the last thing the Imperium Americanum wants is for jumped up idiots to sue American Companies/people in say, Venezuela, get an assured verdict and then demand a collection from a US citizen or company. Unless said person or company has assets in the country sued, there is zero chance of getting anything from a US Citizen or company outside US courts. This applies even to close US Allies like Canada or the United Kingdom.

Hilariously, the opposite is not true. People can and do use the US courts to file civil torts against foreign individuals from seperate third party countries. This is done through the magic of global finance, where if you use the American Dollar, you will inevitably have reachable business in America that a US court can touch you with. Biggest example on the Farms is Akilah Hughes vs. Carl Benjamin. Less obvious example being Warmbier v. Democratic Peoples Republic of Korea. A 500 million dollar judgement against the Kim Jong Un regime, which the US courts will enforce by garnishing foreign aid payments in US Dollars by the US Government and the United Nations.

 

[ChuckSlaughter]

This must be the program he claims to have completed.
http://www.kpu.ca/calendar/2018-19/...onsystems/computerinformationsystems-dip.html
It doesn't sound like a bad program but with 6 total credits between data structures, algorithms, and discrete math it's not Computer Science. I don't know why he'd lie there's nothing wrong with a CIS degree.
It's not like someone is going to pick up his resume, look him in the eyes across the table and say "Die cis scum"
Still how does he think anyone gives a shit that he had a computer when he was 3?

 

[Marco Fucko]

This must be the program he claims to have completed.
http://www.kpu.ca/calendar/2018-19/...onsystems/computerinformationsystems-dip.html
It doesn't sound like a bad program but with 6 total credits between data structures, algorithms, and discrete math it's not Computer Science. I don't know why he'd lie there's nothing wrong with a CIS degree.
It's not like someone is going to pick up his resume, look him in the eyes across the table and say "Die cis scum"
Still how does he think anyone gives a shit that he had a computer when he was 3?

Given the time period it might be a subtle brag about familial wealth or social standing (he is Jewish after all).
http://www.relativelyinteresting.com/comparing-todays-computers-to-1995s/

Spoiler

 

[RodgerDodger]

It’s hard to not hate this dude. He’s everything I despise about current year.

Even worse, he is the evil that is exploiting and taking advantage of everything you despise about current year, in order to feed his own depravities.

 

[ADN_VIII]

In theory, anyone can sue someone anywhere, but if the courts you sue in do not have the ability to enforce their judgements over the defendants, its a meaningless gesture. The United States in particular has very strong jurisdictional rules for civil torts originating in foreign countries. And by that I mean the US in almost every instance will never honor a judgement rendered by a foreign court. This is because the last thing the Imperium Americanum wants is for jumped up idiots to sue American Companies/people in say, Venezuela, get an assured verdict and then demand a collection from a US citizen or company. Unless said person or company has assets in the country sued, there is zero chance of getting anything from a US Citizen or company outside US courts. This applies even to close US Allies like Canada or the United Kingdom.

Hilariously, the opposite is not true. People can and do use the US courts to file civil torts against foreign individuals from seperate third party countries. This is done through the magic of global finance, where if you use the American Dollar, you will inevitably have reachable business in America that a US court can touch you with. Biggest example on the Farms is Akilah Hughes vs. Carl Benjamin. Less obvious example being Warmbier v. Democratic Peoples Republic of Korea. A 500 million dollar judgement against the Kim Jong Un regime, which the US courts will enforce by garnishing foreign aid payments in US Dollars by the US Government and the United Nations.

I need "winformative" reaction for this whole response. It's absolutely fantastic.

 

[AnOminous]

In theory, anyone can sue someone anywhere, but if the courts you sue in do not have the ability to enforce their judgements over the defendants, its a meaningless gesture. The United States in particular has very strong jurisdictional rules for civil torts originating in foreign countries. And by that I mean the US in almost every instance will never honor a judgement rendered by a foreign court. This is because the last thing the Imperium Americanum wants is for jumped up idiots to sue American Companies/people in say, Venezuela, get an assured verdict and then demand a collection from a US citizen or company. Unless said person or company has assets in the country sued, there is zero chance of getting anything from a US Citizen or company outside US courts. This applies even to close US Allies like Canada or the United Kingdom.

You can domesticate a Canadian judgment. Most states have adopted some form of the Uniform Foreign Money Judgments Recognition Act. They have to be final judgments, past any appeals, and for money. Injunctions are about impossible to enforce, but that's a different issue. If you actually go through the process, a domestic court will almost never not honor a judgment at least from countries like the UK and Canada which have similar common law backgrounds.

Copyright law, for instance, is almost always going to be enforced reciprocally for any judgment by another Berne Convention country. The last thing in the world the U.S. wants is for any other country to stop enforcing our copyright judgments.

To sue in Canada, though, Canada would have to have jurisdiction over the case and the defendant would have to be served in a manner consistent with rules for international service of process. Good luck to the fat pedophile on that.

 

[Gustav Schuchardt]

You say, "in the US." Could he sue in Canada if you and the Farms are in Freedomland?

If you lose a lawsuit in Canada do you lose it in real life?

 

[Abortions4All]

It kinda seems like this guy is a mom's-house dweller who has no money whatsoever, which might be why he's been trying these blackmail schemes and petty "send me free stuff" blogging.

Mom cuts him off from having an allowance big enough to buy his new spycam gadgets, and he has no desire to work a regular job (which he'd also be fired from within days/weeks for being creepy, and he knows it). So he's got to do something for cash, and he's decided to file whatever complaints he can file totally free, without any expenditure.

I don't think there's any evidence that he has ever spent any money on pursuing any of these cases, just his time. That's why he's running out of time on this scam. The moment someone sends him paperwork requiring him to lawyer up, he's going to drop any action against that person when it happens (like he dropped the ballwax case where the lawyer was smart enough to find his tweets). But if it comes to a point where he actually needs an attorney, he will not be able to afford one, and the whole miserable farce will come out as he tries desperately to stop the freight train of legal fees he started.

 

[Apteryx Owenii]

I'm curious what the intended outcome here is. Even if all goes well, Canada has limited means to intervene here. The admin is in some soviet bloc nowhere, the servers are god knows where, the users are all over, and the only defining characteristic of the person he's attempting to threaten is a borderline suicidal will to keep this place as it is.

Johnny is in a place where a pyrrhic victory is his best case scenario.

He was probably just hoping a DMCA takedown would work. It has before for him. Null is willing to give up his safe harbor status though, so no dice for Johnny boy. He can now either initiate a real copyright lawsuit (which he'll probably lose and will certainly not gain money from) or sit and stew because he doesn't have any strings to pull here.

 

[Lurkette]

Johnathan really isn't that bright is he?

 

[AnOminous]

Johnathan really isn't that bright is he?

He tried to portray himself as some kind of famous computer expert and then talked about having a "Pentium 486" and made multiple failed attempts to create a Wikipedia vanity article for himself despite being completely non-notable.

Of course, he is now notable as a notorious pedophile, but that really doesn't qualify him for a Wikipedia article either.