Copyright Trolls Sue Bloggers, Defense Lawyers
davecb writes "Prenda Law has commenced three defamation, libel and conspiracy suits against: defense lawyers, defendants and all the blogger and commentators at 'Die Troll Die' and 'Fight Copyright Trolls'. The suits, in different state courts, each attempt to identify anyone who has criticized Prenda, fine them $200,000 each for stating their opinions, and prohibit them from ever criticizing Prenda again."
Isn't this the same law firm that is facing allegations of fraud and identity theft?
Why yes, yes it is. And that case is scheduled for next week...
How do you libel or defame those who are under investigation for being pretending to be that which they are not?
A federal judge in Los Angeles has suggested serious penalties for Brett Gibbs, an attorney at porn copyright trolling firm Prenda Law. Facing allegations of fraud and identity theft, Gibbs will be required to explain himself at a March 11 hearing. And if Judge Otis Wright isn't satisfied with his answers, he may face fines and even jail time. (http://arstechnica.com/tech-policy/2013/02/judge-hints-at-jail-time-for-porn-troll-prenda-law-over-identity-theft/)
My opinion is that they will be too busy staying out of jail to do anything worth $200,000 and some bothersome amendment about free speech.
I wonder how much it would hurt a law firm to be declared a vexatious litigant? http://en.wikipedia.org/wiki/Vexatious_litigation :)
This is a SLAPP suit, a Strategic Lawsuit Against Public Participation. They won't win it, and are quite aware of that fact. It's not a suit that's meant to be won, it's a suit meant to inconvenience the other party so much that they shut up. Normally you see this coming from the big petrochemical companies and food conglomerates to shut up the public activists, the suit is designed to inconvenience the activists and their friends/family/employers, keep them in court, keep them paying lawyers, keep them traveling to an inconvenient venue to appear in a courtroom as far from their home as possible, keep them out of their regular job until they're fired or laid off, require depositions from their boss/friends/in-laws at the most inconvenient times possible, etc. The ultimate goal is to bankrupt the activist if possible, so that not only do they have to drop whatever action they're currently taking but won't be able to afford any other activities in the future.
So much for the Rule Of Law. The rule is now that the deepest pockets always win.
"Think about how stupid the average person is. Now, realise that half of them are dumber than that." - George Carlin
I'm willing to bet that Prenda is going to get owned pretty badly.
If I were a copyright blogger I'd be interested in blogging, not putting out large sums of money (which I might not have) and being dragged through the court system to possibly be made whole in a counter-suit.
Prenda has raised the bar to exclude such blogging from people who are are unwilling to put up with that sort of abuse. Certainly kudos to those who can, but many cannot.
My God, it's Full of Source!
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