Monsarrat v Zaiger/ Encyclopedia Dramatica
Part 2- The Showdown

Monsarrat v Zaiger/ Encyclopedia Dramatica  
Part 2 - the Showdown  

See the earlier adventures in Part One, here.

This is part 2 of the Big Movement Game where Boston game developer Jonathan Monsarrat is trying to smack down Encyclopedia Dramatica's shitposter overlord, Brian Zaiger, over alleged unauthorized use of Monsarrat's registered Copyright materials on the site.  In this episode, Monsarrat has filed an Answer to Zaiger's Counterlaims, as you can see below. The Answer is mostly admissions and denials of the statements Zaiger made in his Counterclaim, which you can read back at the earlier post HERE.

Monsarrat also adds his own Affirmative Defenses to the Counterclaims.  The only one I find curious, and I have to look into more, is the Third Affirmative Defense, where it is claimed that Zaiger lacks standing to make any of his Counterclaims.  On the face of this, to me this looks like an attempt to force Zaiger to admit he owns Encyclopedia Dramatica (ED) or to state who does own it.  If Zaiger is claiming to be not responsible for what goes down at ED, then he would not have standing to make Counterclaims on behalf of ED.  I could be wrong, but that is how I see the Third Affirmative Defense.  On the other hand, if Zaiger has no responsibility for ED, why is he a defendant?  This door swings both ways and is likely to hit someone hard.  Zaiger claimed in a recent Reddit AMA (Ask Me Anything) to be the owner of ED.  He also claims that his business is being ruined by the lawsuit.

What's Next? The Court has ordered a Scheduling Conference with the judge on July 18, 2017.  Such a conference is where the schedule for motions and discovery is laid out, with a tentative trial date planned.  Before that Conference, it is possible either party might try for a partial Motion for Summary Judgement, though in such a fact-intensive case, the success of any such motion is unlikely.  A motion for summary judgement states that there is no issue as to material facts and that, as a matter of law, the movant it entitled to judgement.  There is almost always a dispute as to facts, which makes the granting of summary judgements rare.

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