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Copyright Trolls Sue Bloggers, Defense Lawyers

Posted by samzenpus on from the if-you-don't-have-anything-nice-to-say dept.

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."

23 of 219 comments (clear)

  1. Sorry, Prenda by X0563511 · · Score: 5, Insightful

    That is not how the world works.

    Prepare to lose. Badly.

    --
    For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    1. Re:Sorry, Prenda by Z00L00K · · Score: 4, Insightful

      If they come - they need to come in person and be prepared to meet Mr. Mossberg.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    2. Re:Sorry, Prenda by fustakrakich · · Score: 5, Insightful

      Any judge that doesn't dismiss this immediately as frivolous with big fines should be impeached.

      --
      “He’s not deformed, he’s just drunk!”
    3. Re:Sorry, Prenda by houstonbofh · · Score: 4, Informative

      I wonder how much it would hurt a law firm to be declared a vexatious litigant? http://en.wikipedia.org/wiki/Vexatious_litigation :)

    4. Re:Sorry, Prenda by bill_mcgonigle · · Score: 4, Insightful

      That is not how the world works.

      The chilling effect has already been imposed. It is how the world works.

      It's not how the world ought to work, but somewhere along the line we decided that the lawyers should run society, and the results are predictable.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    5. Re:Sorry, Prenda by cusco · · Score: 5, Informative

      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
    6. Re:Sorry, Prenda by bill_mcgonigle · · Score: 4, Informative

      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!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    7. Re:Sorry, Prenda by bluefoxlucid · · Score: 5, Insightful

      No, these cases should be heard. They should be heard, lost, have legal fees shoved back on them, and marked as a warning to others.

      When a judge dismisses a case, it can be refiled elsewhere. When it's dismissed with prejudice, someone else can raise the same sort of suit. When YOU FUCKING LOSE, the next guy will face a defense lawyer who says "oh, but in Dickhead vs. BK Joe, Dickhead was found to be a moron" and THAT GUY FUCKING LOSES TOO.

      --
      Support my political activism on Patreon.
    8. Re:Sorry, Prenda by Anonymous+Brave+Guy · · Score: 4, Interesting

      in the UK at least I can claim loss of earnings from the litigant when I win the case

      Is that true in general, or only in specific circumstances?

      I was called as a third party witness in a minor court case a while back. One of the things that surprised me was that the accused, having been found not guilty, did not seem to be entitled to much in the way of compensation at all. This was a criminal case, though, not a civil one.

      In that case, the defendant had been charged with an offence, presumably suffered more than a year of distress with the case hanging over them before it was finally resolved, spent whatever time and money it cost them to mount their own defence (they represented themselves in court), and obviously incurred the lost time and inconvenience of having to attend court itself. I was genuinely disappointed in our legal system when it seemed they were sent on their way as if they should somehow be grateful that, after suffering all of that distress and inconvenience, at least they hadn't been found guilty of what they'd been charged with and fined/thrown in jail.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    9. Re:Sorry, Prenda by AliasMarlowe · · Score: 5, Funny

      ...we decided that the lawyers should run society...

      I think you mis-spelled ruin.

      --
      Those who can make you believe absurdities can make you commit atrocities. - Voltaire
    10. Re:Sorry, Prenda by Dunbal · · Score: 4, Interesting

      And there is nothing wrong with putting incompetent professionals out of business. I'm a doctor and if I start being negligent and killing people I would deserve being run out of the profession because I have to stop being a doctor one way or another. A true professional stops long before he reaches that point and doesn't bite off more than he can reasonably chew. The consequences can be dire, and what's worse it's someone else that suffers them. So yeah, run them out of business and they can find a new career parking cars.

      --
      Seven puppies were harmed during the making of this post.
    11. Re:Sorry, Prenda by Genda · · Score: 4, Insightful

      But legally bludgeoning people to shut them up, rob them, pimp slap them publicly and perform live human sacrifices to educate the rest of the sheeple that if they step out of line the big bad wolves will serve them up with mint jelly is easy, common and the system stinks with it. And it won't change, because the lawyers like it this way, and the people who make our laws are almost to a person lawyers or ex-lawyers with friends still in the business and happy to fund a political campaign. Worse, the corporations like it this way because it gives them unlimited power to crush little people under their thumbs. So, the only answer is for the people to shout "Whoa! The system is broken and the lawyers have raped and pillaged what the bankers haven't razed to the ground."

      Short of a French Revolution redux, we need to explain with extreme prejudice that we as a society are no longer amused and in fact the random thought of heads in baskets suddenly seems rather amusing.

  2. Good luck with that by swimboy · · Score: 5, Insightful

    Hornet's nest, meet boot.

    --
    Ask me how the Heisenberg Principle may or may not have saved my life.
    1. Re:Good luck with that by Chris+Mattern · · Score: 4, Funny

      Did the Heisenberg Principle save your life?

      Yes and no.

  3. Thats a lot of lawsuits... by Anonymous Coward · · Score: 4, Interesting

    I wonder if the Troll knows they will probably have to pay all the defendents costs if they lose?

    1. Re:Thats a lot of lawsuits... by Zontar_Thing_From_Ve · · Score: 5, Interesting

      I wonder if the Troll knows they will probably have to pay all the defendents costs if they lose?

      You don't live in the USA. Am I right?

      That's how law works in the UK. My best friend is a lawyer (we're both Americans) and he's taught me a lot about how the law really works. One of the things he taught me is that it's incredibly difficult in the USA to get costs paid, even when the lawsuit is frivolous. The problem is that courts in general really don't like to award this kind of thing because all judges and lawyers feel that the system works pretty well, darn near close to perfect, as it is right now and anything that punishes people for bringing lawsuits and losing would "hurt the little man" who will be too afraid to pursue his justified lawsuit against some true injustice because he might lose and have to pay the other guy's court costs. So almost certainly this will not be a factor, although if the defendants are attorneys they might push for it anyway as they know the system well enough that it might give them a slightly better chance of getting it than would normally happen.

  4. Wait... by Anonymous Coward · · Score: 5, Informative

    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...

  5. They know what they're doing by oic0 · · Score: 4, Insightful

    Its a law firm full of blood sucking lawyers who specialize in suing people. As much as we may think we know about law and how they are going to get their butts kicked, I'm sure they have some sort of angle or strategy here.

  6. Prenda Pretendah by Anonymous Coward · · Score: 5, Informative

    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.

  7. Re:Die Prenda Die! by CodeHxr · · Score: 5, Funny

    As far as I know, speaking German isn't illegal anywhere...?

  8. Re:Sorry, Prenda? Why? by Nerdfest · · Score: 5, Insightful

    Perhaps in a case like this the judge should fine the accuser if they lose and give the claimed damages to the defendants.There needs to be some sort of downside to this kind of abuse.

  9. Re:Sorry, Prenda? Why? by SilentStaid · · Score: 4, Insightful

    If that were to happen Prenda Law (http://wefightpiracy.com/) would fold, declare bankruptcy with no assets available to their creditors and simply start a new corporation.

    I'm truly sorry you thought there was a possible outcome of justice.

  10. Re:Now Slashdot by Jason+Levine · · Score: 4, Funny

    As well as everyone who commented on this article. Wait a second.... *run from the comments section screaming*

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.