Yet another major organisation has banned Kiwi Farms. This time it is the top-level domain authority for the .ms domain, which is revoking Kiwi Farms domain (archive here) for obvious abuse, forcing them to move to kiwifarms.net. At the same time, Josh has been trying to profit from my image in the mistaken belief he has a fair-use defence. His platform Redbubble seem to disagree.
It has been a bad week for Joshua Conner Moon. Kiwi Farms has had several pages removed thanks to the court order I obtained in July. If Kiwi Farms tries to circumvent it by changing the URI then Google can impose page rank penalties in addition to their losses from losing their domain name.
Josh’s t-shirts of me have been taken down by Redbubble due to breach of a variety of laws. I have carefully considered fair use, but I am afraid that Josh is again disadvantaged by the fact that one of my law school electives for coursework on my GDL was on internet intellectual property rights, whereas he is an unemployed man living in his mother’s basement. In my opinion fair use does not apply to most of the rights at issue.
I contacted Redbubble on the basis that, pursuant to California statute he is misusing my personality rights. Personality rights are a separate law from copyright and fair use is not a defence, which I link to here. Kiwis can experience imbecile rage when they search the text and find that ‘fair use’ does not appear in the text of the law.
An exception was one image which is a derivative work of one of my selfies with no obvious parody element. In that regard alone I claimed copyright and so I considered Fair Use. However, I consider that there is no legitimate fair use exception. In Sony Corp. of America v. Universal City Studios, Inc., the US Supreme Court stated that “every commercial use of copyrighted material is presumptively . . . unfair”. To file a counter-notice Josh must accept California jurisdiction, which means California law (including personality rights law) will apply to him.
Kiwi Farms continues to collapse. For those who feel legitimately aggrieved, further information has come to light for the purpose of sending polite complaints.
Kiwi Farms Hosting: Frantech.ca
Despite their use of Cloudflare, it has come to light that Kiwi Farms is hosted by Frantech.ca. The company contact address is 3635 Craigmillar Ave, Victoria, BC V8P 3H2, which looks like it may also be the home of Francisco Dias the owner (hence Frantech). His email is firstname.lastname@example.org and the administrative email is email@example.com.
Google Ads: Terms of Service
Kiwi Farms uses Google ads, but according to the terms –
“Google ads aren’t permitted on sites that contain harassing or bullying content, or on content that incites hatred or promotes violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity.”
The complaint form is here.