• "Dynastia has been organising the sending of penis photos to women for harassment purposes on a near industrial scale."

Monsarrat v. Zaiger

Discussion in 'Community Watch' started by Null, Jul 16, 2017.

  1. 1:17-cv-10356-PBS
    Monsarrat v. GOTPER6067-00001 et al
    Patti B. Saris, presiding
    Date filed: 03/02/2017
    Date of last filing: 07/13/2017

    https://www.pacermonitor.com/public/case/20759456/Monsarrat_v_GOTPER606700001_et_al


    Filed & Entered: 03/02/2017
    Complaint

    1-main.pdf
    1-1.pdf
    1-2.pdf


    Filed & Entered: 03/02/2017
    Report on the filing/termination of copyright case

    09517932318.pdf


    Filed & Entered: 03/03/2017
    Notice of Case Assignment


    Filed & Entered: 03/03/2017
    Summons Issued

    09517933106.pdf


    Filed & Entered: 03/20/2017
    Order


    Filed & Entered: 04/04/2017
    Order of Recusal

    09517991720.pdf


    Filed & Entered: 04/04/2017
    Notice of Reassignment


    Filed: 04/20/2017
    Entered: 04/21/2017
    Order on Motion for Order

    09518025765.pdf


    Filed & Entered: 04/26/2017
    Affidavit of Service

    09518032381.pdf


    Filed & Entered: 05/01/2017
    Affidavit of Service

    09518041840.pdf


    Filed & Entered: 05/03/2017
    Terminated: 05/10/2017
    Motion for Discovery

    15-main.pdf
    15-1.pdf
    15-2.pdf


    Filed & Entered: 05/10/2017
    Order on Motion for Discovery

    09518060508.pdf


    Filed & Entered: 05/23/2017
    Request for notice of default

    09518087694.pdf


    Filed & Entered: 05/23/2017
    Notice of Appearance

    09518089154.pdf


    Filed & Entered: 05/23/2017
    Notice of Appearance

    09518089157.pdf


    Filed & Entered: 05/23/2017
    Terminated: 05/30/2017
    Motion for Extension of Time to File Answer
    Summary: Zaiger's attorney's first motion requests a time extension to respond, claiming that Zaiger is a layperson and he needed the original time grant just to find an attorney.

    20-main.pdf
    20-1.pdf


    Filed & Entered: 05/23/2017
    Corporate Disclosure Statement

    09518089164.pdf


    Filed & Entered: 05/25/2017
    Notice of correction to docket made by Court staff


    Filed & Entered: 05/26/2017
    Notice of Voluntary Dismissal
    Summary: Jonathan Montsarrat drops all defendants from the lawsuit except Zaiger.

    09518094356.pdf


    Filed & Entered: 05/26/2017
    Answer to Complaint
    Summary: This is the first substantive motion by Zaiger's attorney. It contests all claims and countermotions that Monsarrat is a vexatious litigant and knowingly committing perjury by submitting before the court a frivolous DMCA complaint that the attorney alleges he should have, and did in fact, know was not a valid complaint.

    09518095336.pdf


    Filed & Entered: 05/26/2017
    Opposition to Motion
    Summary: Jonathan Monsarrat (a cunt) and his lawyer (also a cunt) attempts to throw out the entire answer to complaint given by the attorney, saying that the fact zaiger has never been in court before and was seeking out counsel, quote: "does not allow an inference that he carelessly neglected the deadline, must less constitute the requisite minimum "convincing explanation as to why the neglect was excusable." "

    25-main.pdf
    25-1.pdf


    Filed & Entered: 05/30/2017
    Order on Motion for Extension of Time to Answer


    Filed & Entered: 05/31/2017
    Terminated: 06/05/2017
    Motion to Strike

    27-main.pdf
    27-1.pdf
    27-2.pdf


    Filed & Entered: 05/31/2017
    Opposition to Motion
    Summary: "Plaintiff’s counsel describes his own motion as “silly” and “wasteful” (Dkt. No. 27 at 2; Dkt. 27-1 at 2). Defendant concurs with this characterization."

    09518101784.pdf


    Filed: 06/05/2017
    Entered: 06/06/2017
    Order on Motion to Strike

    09518111824.pdf


    Filed & Entered: 06/09/2017
    Notice of Scheduling Conference

    09518118424.pdf


    Filed & Entered: 06/13/2017
    Answer to Counterclaim

    09518123731.pdf


    Filed & Entered: 07/10/2017
    Terminated: 07/13/2017
    Motion for Miscellaneous Relief

    09518165805.pdf


    Filed & Entered: 07/11/2017
    Joint submission

    33-main.pdf
    33-1.pdf


    Filed & Entered: 07/11/2017
    Notice (Other)

    09518168476.pdf


    Filed & Entered: 07/11/2017
    Terminated: 07/13/2017
    Motion for Leave to File

    35-main.pdf
    35-1.pdf
    35-2.pdf


    Filed & Entered: 07/13/2017
    Order on Motion for Miscellaneous Relief


    Filed & Entered: 07/13/2017
    Order on Motion for Leave to File

    09518173467.pdf


    Filed & Entered: 07/18/2017
    Report of Rule 26(f) Planning Meeting

    38-main.pdf
    38-1.pdf

    Filed & Entered: 07/18/2017
    Scheduling Conference
     

    Attached Files:

    • Informative Informative x 13
    • Autistic Autistic x 4
    • DRINK DRINK x 2
    #1 Null, Jul 16, 2017
    Last edited: Jul 19, 2017
    kiwifarms.net
  2. Someone's been a busy bee.
     
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    OwO What's This?

    OwO What's This? not a giraffe
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  3. What the fuck is this nigger shit?
     
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    Doc Cassidy

    Doc Cassidy Notorious Bum Driller
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  4. I hope you didn't pay for any of this bc Sue Brasko's hosting it all on her blog as it comes out and has been for weeks.
     
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    Dynastia

    Dynastia bad person
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  5. Someone is trying to take down ED again.
     
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    Arctic

    Arctic Dickpic Economist

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  6. This can basically be summed up as:

    Zaiger: (via his lawyers) Fuck off Monsarrat. You're wasting mine and the court's time with a bullshit lawsuit. Go away.
    Monsarrat: *AUTISTIC LEGAL SCREECHING*
    Zaiger: *FACEPALM*
     
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    GethN7

    Verified True & Honest Fan

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  7. Why is this in community watch?
     
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    Hortator

    True & Honest Fan

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  8. because that's where Null put it and it's his website.
     
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    Cthulhu

    Cthulhu Coast Guard Rescue and still trash
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  9. lol
     
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    hood LOLCOW

    hood LOLCOW Elder Kracsad
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  10. legal.PNG

    Get the fuck outta here he wants a $150,000 in damages for this? Also, how is that even copyrighted!
     
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    BadaBadaBoom

    BadaBadaBoom Super Intense HueHues

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  11. Copyrights are far more permissive than patents (which require a massive burden of proof and are tightly regulated) and are granted implicitly at their inception, but you need to register them with the PTO before filing litigation based on copyright infringement claims.
     
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    WeeGee

    WeeGee The reactionary guy with the creepy Luigi avatar.
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  12. It's the MIT mascot. Monserrat went there I believe. 90% of mascots could be summed up as "animal in school shirt."
     
    An Ghost

    An Ghost Spooks and Gooks
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  13. but he didn't design that, he's suing over the photo of him in the shirt.
     
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    cuddle striker

    cuddle striker the aftermath of a figurative shit storm
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  14. I would care more if Encyclopedia Dramatica was browseable. For fucks sake, the place has been unuseable for years at this point. Used to be fun too.
     
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    Transvaalan

    Transvaalan Woooo!

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  15. A photograph can be copyrighted, but $150,000 is the maximum one can gain from statutory damages. Copyright infringement can be broken up into statutory damages and actual damages. If you can prove infringement cost you money, you can sue for whatever that is. If the infringement just happened, you can sue for what are called statutory damages, so long as you can prove the infringement actually impeded upon your market for the property. Statutory damages can go up to $30,000 for all infringements claimed. If the infringement was deliberate, i.e. you're intentionally trying to steal someone else's work to make money, it can go up to $150,000 per work.

    He is claiming the maximum possible amount for this and he is directly blaming Zaiger for it. His case is bullshit in several ways.

    First, you can't sue a service provider for statutory damages as far as I know, you have to sue the person responsible for the infringement.
    Second, the work was used fairly and infringed no market. Fair use is an absolute defense against copyright infringement claims.
    Third, there is no way he can prove that ED intentionally infringed on his market deliberately. His claim does not work for many, many reasons, not the least of which being he made no attempt to mediate with ED before filing the lawsuit.

    @AnOminous might know better but based on what limited understanding I have of the federal rules of civil procedure, I'd give them a legal ultimatum under Rule 68 which would be either: drop the case with prejudice, or we will go after you for every penny we can. If they reject that Rule 68 Judgement Offer and then go on to achieve less favorable results than the offer presented, he becomes liable for attorney fees accumulated after the offer was ignored. The fact they didn't offer a Rule 68 makes me his attorney is suggesting they not bother giving him the opportunity to back out and just motion for sanctions and their own set of damages against him.
     
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    #17 Null, Jul 17, 2017
    Last edited: Jul 17, 2017
    kiwifarms.net
  16. So what you're saying is that ED has more or less decided "Fuck all of you AND the entire army of horses you rode in on"?
     
    AngeloTheWizard

    AngeloTheWizard Bringer of amusing Let's Sperg threads

    kiwifarms.net
  17. And in the US, at least, copyright on a photo falls to whomever took the photograph- not the subject (unless otherwise transferred).

    :offtopic:...unless a monkey took the photo. Then court battles are needed.
     
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  18. What if its a photo OF a monkey?
     
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