The en banc hearing was denied. It is very unusual for the court to ask for a response and then not grant en banc, however I believe the winning argument here was:

Even though this judgement was materially deficient, it will narrowly affect one bad website, so fuck it.

In January 2017, I briefly closed the Kiwi Farms after dealing with an unbelievable amount of harassment directed at my family, originating either directly from or at the behest of a British man named Samuel Collingwood Smith. Sam's pen name is Vordrak and he is a former MP in the United Kingdom.

In 2010, Sam was heavily involved in an Evanescence fan forum (despite being 32 years old already). He wanted to be an admin, and had to fight teen girls for this honor. He would harass these little girls, and eventually accused the forum of trading child pornography when he was banned. This caused the band a lot of public embarrassment and got them to close the forum, which is what he wanted.

A long list of his best hits can be found in this archive: https://archive.is/zVJjk

At some point Sam gave up trying to shut down the Kiwi Farms and hide this information about him, but he is one of the reasons why I was so well prepared to deal with #DropKiwiFarms and the unprecedented deplatforming efforts we endured. He had gradually turned up the heat, went after every service provider we had and their families, and through the process I learned how to deal with criminal behavior.

It is to my shock to see he is still active, still extorting people, still threatening people, and nothing is being done about it:
https://twitter.com/SoniaPoulton/status/1733776254829211855
https://ghostarchive.org/archive/LS4hK

The UK police send cops to people's homes over the dumbest shit. They arrest moms for posting "men are not women" on the Internet. Yet this guy, this absolute fucking blight, has been conducting online terrorism campaigns for more than a decade and nothing has been done about him.

I am completely immunized from this retard's bullshit, but his life ruination tactics are still being employed and I am shocked that it is still being allowed.

If you are in the UK and are in government or police, or know someone who is, for the love of fucking god grow some balls and do something right for once. It's like the UK is afraid to touch someone who is not an innocent person.

The domain http://kiwifarms.net is experiencing a root DNS issue. I am looking into it. http://kiwifarms.st remains up.

Epik has seized kiwifarms.net citing unknown ToS violations. I was not given warning or opportunity to move the domain.

The Kiwi Farms was able to stay on Epik because we received personal protection from its CEO, Brian Royce, a Libertarian in Las Vegas. There was a messy corporate issue and it appears the first thing they did after getting rid of Royce was take my domain.

If you are a customer of Epik, I request that you petition they allow me to transfer my domain out.

Epik has also aborted the Soyjak Party. Abandon ship.

If you do business with Cogent, immediately terminate your relationship with them.

Cogent is threatening ISPs with termination unless they remove the Kiwi Farms from their networks. This is over material which (1) is legal, (2) was removed anyways, (3) is found on YouTube.

CEO Dave Schaeffer seems personally invested in the destruction of my forum. If you value a world where Tier 1 ISPs do not moderate the Internet, you must resolve to remove Cogent from your business and network blend.

https://kiwifarms.st/threads/my-video-about-chris-chan.151304/
https://youtube.com/watch?v=qsxqWsoEbkE