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Judge Wright issues Prenda Law order

350 pointsby faithful_droogabout 12 years ago

23 comments

grellasabout 12 years ago
Judge Wright took tremendous offense to the idea of lawyer-sharpie types trying to use his court (among others) as home base for a naked scheme of extortion.<p>Think about how he characterizes the lawyers and their conduct: (1) they were lawyers with failed practices; (2) they figured a way to shake down victims out of an aggregate of millions of dollars; (3) they did this by threatening to expose them as downloaders of pornographic material via the filing of lawsuits ostensibly asserting copyright violations; (4) yet, the people asserting the claims did not have any good evidence actually proving any form of violation in any given case; (5) and, when someone offered any real resistance, the case was dropped; (6) and when the ostensible holders of the claims needed to be real holders of the copyrights in question, shell entities were set up (controlled and dominated by the lawyers) in order to create a false appearance that this requirement was met; (7) and when the federal court's procedural rules specifically required the lawyer bringing the case to identify all known related cases so that the court can understand the true party relationships, the lawyer suppresses all the known facts about the relationships in order to deceive the court; (8) and when a formal assignment of copyright is needed to meet the legal requirement of standing, the lawyers set up a dummy name and forge the person's signature in order to meet the requirement; (9) and when the scheme turns on a fishing expedition by which the lawyers hunt out a list of IP addresses and then ask the court for the right to subpoena the ISP to get the names associated with those addresses, and the judge issues a discovery order saying, in effect, "hold on, you can't do this here," and yet the lawyers still proceed to serve the subpoenas on the ISPs in order to keep generating opportunities to extort settlements from even more victims; (10) and when the court finds out that the lawyers are deliberately flouting the court's orders and authority, the lawyers refuse to appear until forced to and, when they do appear, refuse to account honestly for their conduct.<p>Summing up and paraphrasing what the judge concluded based on these findings: This is not lawyering. It is naked extortion covered by a thin veneer of lawyering. Rules don't matter. Honesty doesn't matter. Decency doesn't matter. Whatever it takes to keep the scheme going, right or wrong, fair or foul, justified or not.<p>The result: not a severe money sanction, which would have been but a slap on the wrist when many millions had been gathered under the lawyers' scheme, and apparently gathered tax free to boot. Instead, something much worse, to wit, a clear conclusion that the lawyers had engaged in acts of moral turpitude, justifying referral to the state bar of every jurisdiction in which they are authorized to practice, and likely eventual disbarment; a criminal referral to the U.S. attorneys' office for possible RICO violations; a referral to the tax authorities; and an order that this devastating order be served and filed in every single legal action that has been filed by these attorneys anywhere in the nation.<p>This, to put it mildly, amounts to evisceration. This judge got mad. This judge had guts. This judge is smart. And that, for these lawyers, is a lethal combination.
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patio11about 12 years ago
Footnote number 5 is so acidic I feel burned just by reading it. (Context: read paragraph #1 in the introduction first, summarizing the conspiracy's business model.) <a href="http://www.popehat.com/wp-content/uploads/2013/05/PendaSanctionsOrder.pdf" rel="nofollow">http://www.popehat.com/wp-content/uploads/2013/05/PendaSanct...</a>
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ChuckMcMabout 12 years ago
Holy smokes. That is some serious smack down. One hopes it causes the entire judiciary to awaken to this dark scourge of extortion through the courts.
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Stekoabout 12 years ago
No sympathy for Prenda but damn if this line didn't remind me of Aaron Swartz:<p>"Federal grand jury investigations are very slow, but represent experienced practitioners bringing almost unlimited resources to bear against their targets."
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rdlabout 12 years ago
What confuses me is that the only stuff they got smacked for was deficiency in how they operated, not anything fundamental to the business of copyright trolling. Another group of lawyers could easily do exactly this, while maintaining more arms-length relationships with the copyright owners, and not taking shortcuts on the cases, and be completely within the law.
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dmixabout 12 years ago
<a href="http://en.wikipedia.org/wiki/Prenda_Law" rel="nofollow">http://en.wikipedia.org/wiki/Prenda_Law</a><p>&#62; Prenda Law, also known as Steele | Hansmeier PLLP and Anti-Piracy Law Group,[1] is a Chicago, Illinois-based law firm that claims it battles copyright piracy, but is also strongly identified with copyright trolling
smutticusabout 12 years ago
I think this is my favorite Star Trek reference in the decision.<p>page 10 line 21: "Third, though Plaintiffs boldly probe the outskirts of law, the only enterprise they resemble is RICO. The federal agency eleven decks up is familiar with their prime directive and will gladly refit them for their next voyage."<p>I have never had more fun reading a decision from a judge. It is heartening as well as entertaining.
noonespecialabout 12 years ago
Righteous indignation, distilled and aged to a fine vintage... and then served up in Ten Forward by a United States district judge.<p>So this is the other side of the looking glass... when do I meet the disappearing cat?
downandoutabout 12 years ago
While I sympathize with the disdain everyone has for these guys, this judgement is the result of some lawyers that took several possibly illegal shortcuts. This case sets no precedents about the viability of copyright trolling going forward, and in fact the judge's obvious bias may serve as grounds for a successful appeal in this case. So, while this makes for amusing reading, at the end of the day it won't mean much. Everyone should still CYA when downloading torrents.
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ajtaylorabout 12 years ago
I've enjoyed following the ongoing saga of this case. Many thanks for the detailed followups of each court session. It would be safe to say that the judge has gone with the "nuke them from orbit" option, as it's the only way to be sure these predators won't continue their dirty actions.
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not_that_noobabout 12 years ago
It's the end of the road for this brand of copyright shakedown. This is an amazing good-guys-win outcome for sure, but much more than that, it signals the end of of the random copyright troll lawsuit.
betterunixabout 12 years ago
I have not read many court orders/rulings/etc. in my life (IANAL), but of those that I have read, this is by far the angriest and most vicious.
mindslightabout 12 years ago
Hooray! for an occasion when the system worked. It's of course quite heartwarming to see someone in a position of authority coming to a sane opinion, getting incensed at the ridiculousness, and even going on the offensive.<p>But what of all the others that have been mired in endless litigation with no such happy ending? And while fitting, is it really <i>desirable</i> for Prenda's punishment to mainly consist of being ground down by the bureaucracy?<p>Wouldn't we rather an efficient system where ridiculous cases were dismissed outright, unenforceable laws were retired quickly, the lawyer protection racket was unnecessary, and the innocent could be reasonably confident of ultimately prevailing instead of simply settling to avoid years of stress?
andyjohnson0about 12 years ago
The Star Trek references in the judgement are rather strange and (to me) diminish the judge's credibility. Is it normal practice for judges in the US to use popular culture references in their written judgements? Anyone care to explain the reasoning behind this?
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DanBCabout 12 years ago
Reading this I'm kind of optimistic.<p>Star Trek quotes? Firefox screenshot? Amazing. I read a lot of negative stuff about US law. I hope that's because people are interested in the negative stuff and there's biases operating to not publicise that good stuff.
zarifyabout 12 years ago
"Without better technology, prosecuting illegal BitTorrent activity requires substantial effort in order to make a case. It is simply not economically viable to properly prosecute the illegal download of a single copyrighted video."<p>Is this likely to have any implications for a wider range of copyright-by-IP address cases? Since I've only given a cursory glance past the details of other (let's say music and video) cases, this level of 'proof' sounds quite similar to what is being offered elsewhere.
sudhirjabout 12 years ago
Is there now any way that Judge Wright might turn his eye (and hopefully his hammer) on patent trolling? The arguments he makes against Prenda's process in general - not the illegal parts, but the intent and procedure - is pretty much what the patent trolling industry does. If he sees something that he pass commentary on in a legal capacity, then I'm sure courts can and should take note that they're being played in the patent game too.
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ultimooabout 12 years ago
popehat is great, and in spite this being one of their smaller articles, I fail to follow what it boils down to. Can someone please summarize what Prenda has to now do -- Do they serve time? Do they pay millions? Are they not allowed to practice again?
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rdlabout 12 years ago
I hope all the people who paid to settle get their money back with extra damages.
lettergramabout 12 years ago
I am grateful that judges can bring down the hammer from time to time.
Fandoabout 12 years ago
Reading this article gave me great pleasure.
kislayvermaabout 12 years ago
Smackdown!!!
jopofabout 12 years ago
Confused -- Why all the rigamarole, instead of going RIAA-style after the thousands-to-millions of actual porn copyright-infringers?
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