prenda

Appeals court nukes the copyright troll business-model

Yesterday, a federal judge in the DC circuit court of appeals handed Prenda law -- the most loathed and evil porno copyright trolls in the business -- its own ass on a plate, and struck a blow against copyright trolling everywhere. The Electronic Frontier Foundation's Mitch Stoltz has a deep dive into the case, which EFF participated in.

Prenda (previously) is one of the leaders in the shady practice of accusing people of downloading pornographic films with embarrassing titles and then demanding money in exchange for not filing a lawsuit against them, using the threat of having your name associated with "Anal Invaders XII" in public records forever as a lever to get you to settle even if you've done nothing wrong. In AF Holdings v. Does 1-1058, Judge Tatel struck an important blow against this practice by ruling that trolls have to file cases in the same jurisdiction as their victims in order to get court orders to reveal the victims' names and addresses, without which the cases cannot proceed. But filing cases in the correct jurisdiction will likely cost more than the average blackmail payment that Prenda extorts from its victims, making the whole thing into a losing business.

The court also held that merely being accused of having, at some point, participated in a Bittorrent swarm does not join you with everyone else who ever joins that swarm, and that there is only joint liability for people who download from one another, as part of the same swarm at the same time. Read the rest

Another judge hands Prenda Law its own ass on a plate

Remember the copyright trolls at Prenda Law, the slippery crooks who claimed that no one actually owned their extortionate racket, that no one made any money from it, and that no one was responsible for it? Yet another judge has called bullshit on them, insisting that they produce financial statements prepared by a chartered public accountant, and dismissing their objections as "attorney speak." Read the rest

Porno copyright trolls Prenda Law fined $261K

Things aren't looking good for copyright trolls Prenda Law -- they've been ordered to pay $261K in opponents' fees, and the judge has made all three of Prenda's principles -- Paul Hansmeier, John Steele, and Paul Duffy -- jointly liable for the sum. He also called them liars. They're much worse than that. Read the rest

Porno copyright troll John Steele accused of identity theft -- by his mother-in-law

John Steele is one of the shadowy figures behind the notorious porno-copyright-trolls Prenda Law, about whom we've written rather a lot, as they are a colorful bunch of grifters. Steele had previously been accused of stealing the identity of Alan Cooper, the caretaker of one of his properties, making him the CEO of one of the shell companies behind which Prenda hides.

But that identity theft is hardly as damning as the latest revelation: Steele's mother-in-law has accused him of forging signatures in the course of Prenda's dirty business. Read the rest

Porno copyright trolls Malibu Media sanctioned by court for "extortionate" tactic

Malibu Media is a notorious porno-copyright-troll, a company whose business-model is sending blackmail letters to Internet users threatening to sue them for downloading pornographic movies (and forever link their names to pornography) unless they pay up. They invented a particularly loathsome tactic that sets them apart from other pornotrolls: their blackmail letters make a point of mentioning extremely explicit pornographic titles associated with films that they have no interest in -- basically, a sideways way of implying that any legal action eventually taken against you will include a bunch of humiliating and embarrassing movie-titles, when nothing of the sort is possible, since they don't represent those rightsholders and can't take legal action on their behalf.

Finally, a court has seen fit to sanction Malibu for this tactic, after an amicus brief by the Electronic Frontier Foundation argued against it. The judge went so far as to call it extortion.

Mike Masnick points out that other copyright trolls like Prenda and Righthaven have flamed out after the courts caught on to their shady tactics and started issuing sanctions and ruling for defendants. We can only hope that this will be Malibu's (near) future. Read the rest

UPDATED: Comcast asserts copyright over its court filing, is attempting to shut down news site that reproduced it

In an article published last week, TorrentFreak reproduced Comcast's response to a subpoena regarding the copyright troll Prenda Law. Since then, Comcast's agents Cyveillance have sent a series of escalating legal threats to TorrentFreak and its hosting provider, LeaseWeb, asserting copyright over a document that is not copyrightable, and whose reproduction would be Fair Use in any event. TorrentFreak's hosting provider has given them 24 hours to resolve the issue or face shutdown.

Update: Comcast has changed its mind. Here's an email I just received: Read the rest

Copyright troll's lawyer wants record sealed so we won't make fun of him

Remember Jacques Nazaire? He's the lawyer who represented notorious, disgraced copyright trolls Prenda Law (who victimized thousands of Americans by threatening to link them to spurious lawsuits over downloads of pornography with embarrassing titles unless they paid hush-money). He got written up here when he told a judge in Georgia that a California judge's rebuke of Prenda should not be taken into consideration because California is a horrible, strange place where gay people get married.

Now Mr Nazaire has asked the court to seal the rest of the proceedings from the case, because he's worried that people might make fun of him on message boards. Because someone who thinks ZOMGCALIFORNIAGAY is a legal argument clearly has something to worry about on that score.

By the way, lawyers for one of Prenda's victims are fundraising to get the money to depose the Prenda team. I pitched in. Read the rest

Porno copyright trolls Prenda: expert says they pirated their own movies to get victims to download

The saga of porno-copyright-trolls Prenda Law (previously) just keeps getting more tawdry. Prenda is a mysterious extortionate lawsuit-threat-factory that claimed to represent pornographers when it sent thousands (and thousands!) of legal threats to people, telling them they'd get embroiled in ugly litigation that would forever tie their names to embarrassing pornography titles unless they paid hush money.

Their con has unraveled in a series of legal losses. Now, one of their victims has had an expert witness file an affidavit in First Time Videos vs. Paul Oppold, a case in Florida. The expert fields an astonishing accusation: Prenda Law's principle, John Steele, is the person who uploaded the infringing pornography in the first place, listing it on BitTorrent index sites with information inviting people to download it -- people whom he then sent legal threats to for downloading those selfsame movies.

Among other things, sharkmp4 seemed to be able to post these works on The Pirate Bay before the works were even mentioned anywhere else, and in at least one case, "sharkmp4" put a video up on The Pirate Bay three days before Prenda shell company Ingenuity 13 had even filed for the copyright. On top of that, the "forensics" company that Prenda uses -- which is supposedly run by Paul Hansmeier's brother Peter, but which had its domain registered and controlled by (you guessed it) John Steele -- apparently identified "infringements" almost immediately after the videos were placed on The Pirate Bay -- meaning they were likely looking for such infringement in conjunction with the upload.

Read the rest

What happened to Waxy was terrible, but fair use works better than he thinks it does

Earlier this week, I blogged Andy "Waxy" Baio's speech on fair use, called "The New Prohibition." Andy got hit with a legal threat for making a limited edition 8-bit remix of a famous photo and ended up paying $35,000 to settle the claim, even though he thought he had fair use on his side. As Andy explained, he thought that winning the court case would cost so much that it was cheaper to lose for a mere $35k.

But as Pat Aufderheide from American University's Center for Social Media writes, "Andy Baio's a brilliant geek, and an artist, but I'm afraid he's inadvertantly generating a chilling effect all his own, with fair use misinformation. Ouch! Here's why."

Andy warns ominously that “anyone can sue you for anything, always, and even without grounds.” Yup. That is true, and just as true for obscenity, libel, or treason charges, and in a million other places in life. If someone slips on the sidewalk in front of your house after a snowstorm, or chokes on an appetizer at your dinner party, or objects to your choice of lawn furniture, they can sue you. Copyright trolls like Prenda are suing people who have done nothing at all. But we somehow conduct our lives and even have dinner parties knowing this ugly reality.

He warns fellow remixers everywhere, “fair use will not save you,” and “nothing you have ever made is fair use.” Whoa. Neither of these statements is true.

Fair use is riding high in the courts.

Read the rest

Notorious porno copyright trolls Prenda Law have a very bad day in court

Today marked the long-awaited courtroom showdown of notorious copyright porno trolls Prenda Law (previous posts) and United States District Judge Otis D. Wright II, the judge who figured out that Prenda was running something that looked a blackmail racket that involved systematic fraud against courts around the country. After stalling and fum-fuhing, Prenda's lawyers and principals were dragged before Judge Wright, where they sat for a hearing that ran for 12 whole minutes before Wright furiously banished them from his courtroom. Ken "Popehat" White was there, and sent tantalizing tweets about the total trainwreck he'd witnessed, which he has now had a chance to write up in full.

In a nutshell, the Prendateers showed up and took the Fifth, refusing to speak. Their lawyer tried to enter some argument into the record, but the judge didn't allow it. Prenda had filed no briefs, and had been called to answer basic, factual questions about lawsuits. Wright wasn't happy about it. Ken has written up a list of likely consequences Prenda will now face. It's not pretty. At very least, the firm and its activities are at an end. At most (though not likely), this could end in prison for the principals here.

Judge Wright grew steadily and visibly more outraged. "I want to know if some of my conjecture is accurate — and the only way to know is to have the principals here and ask them questions. This is an opportunity for them to protect themselves," he said. But Steele's lawyer confirmed his client would exercise his right to remain silent.

Read the rest

Transcripts of bullying voicemails left by porno copyright troll to ex-caretaker and alleged identity theft victim

If you've been following the sad saga of the porno copyright trolls Prenda Law, you'll know that Alan Cooper is the former caretaker of John Steele, who is apparently the man behind a spiraling series of ever-scammier attempts to get people to pay money in order to keep their names out of embarrassing court filings over alleged illegal porn downloading. And you'll know that Alan Cooper has says that John Steele stole his identity and put his name down on various corporate and legal filings, identifying the former caretaker as the head honcho of the whole corrupt empire.

Now, a new filing in the court docket includes transcripts of threatening, bullying voicemails that Steele left for his alleged victim, trying to scare him into silence. Here's a taste, courtesy of TechDirt, which has more context:

From second voicemail:

It's like if you refuse to, you know, return my calls or -- or engage in mandatory conference, then I'm going to have to be forced to ask the judge to, you know, force you to do things and it just gets ugly from there.

So if you do decide to get an attorney in either of those matters or in the other cases which we're filing against you in the upcoming weeks, please let them -- have them give me a call. This number's fine. Otherwise, I expect to hear from you shortly.

From third voicemail

Alan, this is John Steele again.

You have not responded or contacted me regarding litigation you're involved in.

Read the rest

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

Popehat's Ken White attended a hearing in United States District Court Judge Otis D. Wright II's California courtroom. Judge Wright is the judge most likely to put a halt to the astounding shenanigans of the notorious porno-copyright trolls Prenda Law, who have been accused of lying to the court; blackmailing thousands of people with legal threats ("pay up or we'll file a lawsuit that will forever associate your name with pornography with an embarrassing title"); and, incredibly, stealing the identity of a humble caretaker and naming him the CEO of a semi-fictional company that allegedly hired the firm to make all those legal threats.

Judge Wright ordered all the parties to show up in his court yesterday -- the Prenda lawyers, the caretaker, defendants' lawyers, and more -- but not everyone obeyed his order. The main party in the courtroom was Brett Gibbs, a junior-seeming lawyer who appears to have been made bagman for a big con that he was only dimly aware of. White's writeup is somewhat sympathetic ("a young attorney out of his depth who fell in with the wrong crowd and made bad choices") but remember: he was a knowing part of a racket that terrorized thousands and thousands of people with what amounted to legal blackmail, where the demand came to "Guilty or innocent, you need to pay up or have your life ruined."

White is an excellent writer, and his account of the hearing is riveting. Now we're all waiting to hear what the judge's order will be. Read the rest

DNA for data storage

Researchers have successfully stored information in synthetic DNA and then sequenced the DNA to read the data. Nick Goldman and his colleagues from the European Bioinformatics Institute (EBI) encoded all of Shakespeare's sonnets, an audio clip of Martin Luther King's "I have a dream" speech, Watson and Crick's paper on DNA's structure, a photo of the EBI, and an explanation of their data conversion technique. Last year, Harvard molecular geneticist George Church encoded a book he had written in DNA, but EBI's breakthroughs are in the way the data is encoded and its error-correction. From the abstract of their scientific paper published at Nature:

We encoded computer files totalling 739 kilobytes of hard-disk storage and with an estimated Shannon information10 of 5.2 × 106 bits into a DNA code, synthesized this DNA, sequenced it and reconstructed the original files with 100% accuracy. Theoretical analysis indicates that our DNA-based storage scheme could be scaled far beyond current global information volumes and offers a realistic technology for large-scale, long-term and infrequently accessed digital archiving. In fact, current trends in technological advances are reducing DNA synthesis costs at a pace that should make our scheme cost-effective for sub-50-year archiving within a decade.

"Synthetic double-helix faithfully stores Shakespeare's sonnets" (Thanks, Mike Pescovitz!) Read the rest

Copyright troll tries to use TorrentFreak to intimidate victims, TorrentFreak changes the site to empower them to resist trolling

Prena Law, a notorious porno copyright troll sent out a blackmail letter to victims that included the URL of a TorrentFreak article describing one of the rare cases in which someone stood up to a troll and lost. TorrentFreak felt that this was misleading, and resented being used as part of a sleazy scheme, so they replaced the article with a page explaining how copyright trolls work, and how to defend yourself against them.

Porno copyright trolls are companies that sends out legal threats to people, claiming they were downloading porn with embarrassing titles and demanding money not to permanently associate their names with porn by naming them in lawsuits. Thousands and thousands of people have been victimized by them.

We redirected the URL referenced by Prenda to a page with information about these mass-BitTorrent lawsuits.

So, instead of being scared by an article about a $1.5 million judgment, Internet bill payers can inform themselves about the steps they can take to respond to the settlement letter.

The page in question explains that increasingly judges are condemning the practices of copyright trolls, and that many mass lawsuits have been thrown out. Just recently a judge designated Prenda’s ways as a “bad faith effort,” and dismissed one of their mass-BitTorrent lawsuits.

In addition to some much-needed balance we also included links to attorneys who are familiar with these lawsuits, plus links to other useful resources. Hopefully, this will enable a few of the victims to respond properly and resolve the matter without having to pay up.

Read the rest

Fossils in storage: How do you sort through the backlog?

Yesterday, I posted about Pegomastax africanus, a parrot-like dinosaur whose fossil was discovered not in a remote waste in some far corner of the world, but in a rock that had sat in storage at Harvard University for 50 years.

In the post, I tried to explain why something like that could happen. The simple fact of the matter: A successful archaeological or paleontological dig will produce far more material than the original scientists have time (or money) to sort through, process, and examine. So lots of stuff ends up sitting in storage.

That led BoingBoing reader Matt Fedorko to some interesting speculation:

"...This seems like a perfect opportunity to exploit 3D scanning technology to put the shapes of fossils, at least, into some kind of digital storage area where other researchers could look at a dig's haul and start to work with them spatially, or beside any of the other data that is collected in the field or logged during the cataloging procedure."

Now, Charles Q. Choi, a journalist who wrote about the discovery of Pegomastax africanus, says that Matt's idea isn't all that far-fetched. In fact, scientists already do something like this with the fossils that do get closely examined. Read the rest

Previous Page

:)