Lolcow LLC v. Liz Fong-Jones (2026)

[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]

View attachment 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]

View attachment 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.

 

[Null]

This is an Official Update™ on the case.

TL;DR: LFJ is developing a copyright system to attack the forum on a permanent basis. He still poses a threat to the safety of all users. Nobody is taking their privacy seriously enough. Marc Randazza is representing the forum users LFJ has targeted so far. We are moving to quash his subpoenas.


1. LFJ is developing a copyright system to attack the forum on a permanent basis.
After I locked all discussion threads about LFJ to stop users from involving themselves in a copyright case, another user decided to post images derived from the LFJ images at issue in a random thread. While I was very unamused by this, I was amused by the outcome: LFJ did immediately DMCA some of those images. This proved two things to me: (1) LFJ is monitoring the site closely enough to turn incidental user posts into legal process, and (2) his review is not meaningfully accounting for context, parody, or fair use.

The user uploaded several images in different posts that were plainly legal fair-use parodies. LFJ did not target them in any coherent way consistent with real review. This is bad faith: DMCA notices have to be sent in good faith, with fair use considered, and that is not what is happening here. It is also known that LFJ publicly maintains a repository for circumventing security mechanisms on Kiwi Farms in order to scrape the site via Tor.

This indicates to me that LFJ's copyright campaign is not about a few images. There is a broader mechanism being developed here, which I will avoid describing but that I am pretty sure I understand. The important point is that it relies on bad-faith copyright pressure, subpoenas, and paperwork burdens to make censorship scalable. Forcing him into litigation and bringing this to court as soon as we did was the correct move.


2. He still poses a threat to the safety of all users.
Every single time he sends a DMCA notice for a post, he also subpoenas information about the user who posted it. As I stated above, his first order of business is destroying the site through endless litigation, mandatory paperwork, and review. His second order of business is attacking Kiwi Farms' users. Since his process is systematic, and since he is circumventing security measures to do this without my permission and against my wishes, there is nothing I can do to stop LFJ from issuing a subpoena for your information after he submits a DMCA claim. He has already identified multiple users purely through their on-site behaviors and gone after them IRL. He will do this with subpoenaed information, and this is our argument in court.


3. Nobody is taking their privacy seriously enough.
I've discovered that people don't actually take advantage of anything we offer. I permit VPNs, we have Tor, and still people constantly bareback the site from places they really shouldn't.

To help compensate for people's lack of attentiveness, I have tightened my data-retention policies and added a new perk for basic green True & Honest **OR** monthly gold Premium: I no longer keep any change log or IP address history for your user account. There's no need to. Your account is vetted through the purchase itself, and the cost of getting your account banned is the literal price of the account's premium status. This includes email-change histories.


4. Marc Randazza is representing the users targeted by LFJ so far.
We attempted over the course of a month to secure counsel for the users affected by LFJ's censorship blitzkrieg, but a comedy of errors and very bad luck made this much harder than expected. One of the users reached out to Marc Randazza, whose firm seemed to light up unexpectedly with excitement at the possibility of representing a user named @Nigger Caviar. Marc actually knows of us because of his representation of Nick Rekieta in the Montegraph case, and he seems to delight in how much forum users talked about him and hated him. He also encountered Hardin, our lawyer, while Hardin was serving as Montegraph's defense counsel, and developed a positive opinion of him. For those reasons, Randazza was willing to represent the users in our community as third-party intervenors.

No kiwi was left behind—except Nigger Caviar himself. He rolled over like a fucking dog and let himself be raped by LFJ within hours of being notified about his subpoena. This dude went out of his way to taunt LFJ, didn't use a VPN, changed his name from "$Sandy" to "Nigger Caviar" specifically so it would show up in court documents, then freaked the fuck out like a panicked animal when the exact thing I warned him would happen happened, and finally settled out of court with LFJ (probably by offering to lie about us as a witness or some shit). If he had taken any of my advice, he'd be represented by one of the most famous 1A defense attorneys in the entire country right now, for free.


Depicted: Nigger Caviar


5. We are moving to quash his subpoenas.
Hardin, on our behalf, and Randazza, on behalf of the represented users, have filed motions to stop LFJ from acquiring retained user information.

Lolcow LLC's Motion to Quash
Lolcow LLC's Motion for Preliminary Injunction
The Does' Motion to Quash can be found in the docket.
There is also a memorandum in support of the motions to quash filed by a user whom LFJ doxed using that user's own posts and then harassed at work.

It's worth noting that Randazza is litigating (and winning) an identical DMCA subpoena privacy case in California.


All in all, we are doing everything possible to systematically tear apart LFJ's plan to kill the site through endless copyright burdens, and we will continue to rip it limb from limb, thanks entirely to the generous financial leeway the forum has achieved this year. LFJ's goal here is to devise a legal mechanism for offering censorship-as-a-service. That was his goal all along. He wanted to sell Tall Poppy as a reputation-management service, but when he couldn't manage his own reputation, it went nowhere. This is yet another gambit of his to try to stop the world from saying that Liz Fong-Jones was credibly accused of sexual assault. If he manages to do that, he'll sell the same censorship to other people credibly accused of sexual assault so they can keep being a blight on society too.