Comments on: Porno-copyright trolls Prenda Law get hauled in front of a very angry judge

By: That_Anonymous_Coward

That_Anonymous_Coward — Sun, 17 Mar 2013 07:04:00 +0000

It would allow those currently named in Prenda lawsuits to file Judicial Notice of the problems.
Many of the questions about how the evidence is gathered and conclusions drawn from incomplete “facts” in these cases should raise red flags.
That they often can’t prove more than a single bit of data was sent to the alleged infringer, let alone the file was downloaded completely. That showing “multiple” hits in a single day and counting each as a separate infringement is not the correct path.
As Prenda gets investigated more by what looks like its going to be by several enforcement agencies questionable evidence gathering will come to light and help highlight how little an IP address alone proves and make it more difficult for these cases to proceed with only the basis of our expert saw and IP address they must be guilty!

By: JosephRatliff

JosephRatliff — Wed, 13 Mar 2013 22:37:00 +0000

I’m not an attorney, so forgive my ignorance here, but hypothetically… if the Judge brings down the “law-hammer” in full on Prenda Law… could this case establish some sort of case-law that other folks (like, hypothetically the EFF) to use in future lawsuits or defenses?

By: elix

elix — Wed, 13 Mar 2013 11:27:00 +0000

So delicious… I can’t wait for Judge Wright’s decision.

By: Aaron Gilliland

Aaron Gilliland — Wed, 13 Mar 2013 06:09:00 +0000

Justice porn… Ito’s Lance 4: Cravin’ Cochran.

By: Aaron Gilliland

Aaron Gilliland — Wed, 13 Mar 2013 06:04:00 +0000

Would that dissolution be… precipitous?

By: austinhamman

austinhamman — Wed, 13 Mar 2013 03:39:00 +0000

so schoedinger’s rulling?

By: TheMadLibrarian

TheMadLibrarian — Wed, 13 Mar 2013 03:21:00 +0000

I’m having Shawshank Redemption flashbacks here… “His Justice cometh, and that right soon.”

By: Sirkowski

Sirkowski — Wed, 13 Mar 2013 02:23:00 +0000

It’s called politics. *rimshot*

By: That_Anonymous_Coward

That_Anonymous_Coward — Wed, 13 Mar 2013 00:48:00 +0000

Ohai Cory!
Ohai SJD & Ken!
Are we having fun yet? :D

The only sadness I have is that this was not televised.

Remember campers you can learn more about Prenda and the other porn copyright trolls (there are more and some are just as ‘entertaining’) by visiting my friends…
SJD – http://www.fightcopyrighttrolls.com
DTD – http://dietrolldie.com
They must be important, why else would Prenda have tried to silence them with lawsuits?

And there are stories on BB, Ars, Popehat, Techdirt, Torrentfreak, Slashdot and a few other places but for the long term indepth coverage its FCT & DTD.

By: Nash Rambler

Nash Rambler — Tue, 12 Mar 2013 20:08:00 +0000

If only it were that simple, and sweet. I mean, how the heck would you be able to stop it? Sue the person for stealing money that you made theirs in the first place?

By: Boundegar

Boundegar — Tue, 12 Mar 2013 19:44:00 +0000

So can he cash out the company and dissolve it? Justice!

By: Nash Rambler

Nash Rambler — Tue, 12 Mar 2013 19:42:00 +0000

Wow. Read the whole thing, and the previous blogs. Fascinating stuff, I look forward to the precedent this case will set. I could wax poetic, but it’s really the equivalent of turning on a light and the roaches scurrying under the fridge only to find out that today, people are willing to move the fridge.

By: Nash Rambler

Nash Rambler — Tue, 12 Mar 2013 19:40:00 +0000

MRS GIBBS: I told you, become an orthodontist, but no, you had to hang around with those leather-jacket wearing lawyers. Smoking cigarettes, staying up all night, filing frivolous motions. I always knew it would lead to no good!

By: Nash Rambler

Nash Rambler — Tue, 12 Mar 2013 19:37:00 +0000

No, I don’t think you’ve mixed anything up. You can make someone the owner of something without their knowledge. It’s sort of like legal algebra; until the judge issues a ruling to the effect of “no, Cooper is not the official owner,” Prenda can argue that he still is. So, X can be both true and untrue at the same time (i.e. that surreptitious ownership you are talking about).

Once the ruling is made though, “X” becomes either true or untrue (my money is on “untrue”) and a bit more of the floor is eliminated for Prenda to tap dance on.

By: Aaron Gilliland

Aaron Gilliland — Tue, 12 Mar 2013 19:06:00 +0000

I think my favourite part of this whole fiasco was the Prenda side arguing that the custodian was still the official owner or representative of the holding company… even if someone forged his signature on those documents.

Please correct me if I mixed that up, somehow. It would be pretty lollerskates if you could surreptitiously make someone own a company…

“Honey? When did I become president of Nothing Butt Scheisse Inc?”

By: SJD

SJD — Tue, 12 Mar 2013 19:02:00 +0000

Although Ken's write-up is by far the best, today I posted another witness' impressions.

By: Greg Miller

Greg Miller — Tue, 12 Mar 2013 18:38:00 +0000

“It was a federal judge who was furious, intimately familiar with the case, and consummately prepared for the hearing.”
Yeah, they were screwed from the start.

By: deaduncledave

deaduncledave — Tue, 12 Mar 2013 18:37:00 +0000

I generally stay away from justice porn, but this is terribly good news. The capper would be passing the SHIELD act. There, you have your marching orders, ‘Merica. Get to it.

By: knoxblox

knoxblox — Tue, 12 Mar 2013 18:33:00 +0000

Regarding the fact that Prenda law is in deep doo-doo, I wonder if parents of lawyers ever try to strongly suggest that their offspring make sure they have a fallback career, the way sports players’ parents do?

/sarcasm off

By: Brainspore

Brainspore — Tue, 12 Mar 2013 18:03:00 +0000

“a young attorney out of his depth who fell in with the wrong crowd and made bad choices”

His mother always worried about him hanging out with those no-good law school kids.

By: Promethean Sky

Promethean Sky — Tue, 12 Mar 2013 17:59:00 +0000

I loved the part that was described as a “Perry Mason moment.” That never happens in real life.

By: Popehat

Popehat — Tue, 12 Mar 2013 17:58:00 +0000

Thanks for the kind words, Cory.

By: Todd Knarr

Todd Knarr — Tue, 12 Mar 2013 17:39:00 +0000

I think Ken White’s opening words say it best:
“There are few things more terrifying to a lawyer than a furious federal judge.
Today I saw one of those things.”