A Lesson in 12(b)6 From Court of Appeals: Russell Greer Wins Appeal vs. Kiwi Farms - What's Next?

Josh Moon and Kiwi Farms were sued ages ago by Russell Greer for contributory copyright infringement in what appears to be a ludicrous case. The case was dismissed swiftly under Federal rule of procedure 12(b)6: Failure to state a claim. This is one of the most common federal dismissals. That probably should have been the end of it.Show more

Greer appealed, this time with counsel. I assumed he would lose quickly on appeal (and he probably should have, IMO). However, the federal appeals court disagreed and overturned the ruling. Let's go through all 23 pages of it and find out why.

This will be a great education in 12(b)6 application as well as indicate SOME arguments about infringement and IP in general. THIS DOES NOT MEAN RUSS WINS THE CASE. This simply means it moves on.

After that...something. Who knows?!

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