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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."

11 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 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!”
    2. 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
    3. 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.
    4. 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
  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.
  3. 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...

  4. 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.

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

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

  6. 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.

  7. 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.