EFF Jumps In To Defend Bloggers Being Sued By Prenda
NewYorkCountryLawyer writes "The Electronic Frontier Foundation has entered the fray to defend the bloggers sued by Prenda Law Firm. Prenda, oblivious to such well known legal niceties as the Federal Rules of Civil Procedure, the affirmative defense of truth, the difference between a defamatory statement of fact and the expression of a negative opinion, and the First Amendment, has immediately — and illegally — sought to subpoena information leading to the identities of the bloggers. I would not be surprised to see these "lawyers" get into even more hot water than they're already in. And I take my hat off to the EFF for stepping in here."
Deliberate negligence, All costs x 3. When will they actually start enforcing the false claim rules in DMCA. The fines can be Very high.
Prenda found someone to represent them. Orly Taitz.
Still waiting on the judge to find those "lawyers" in contempt and order them arrested and extradited back to face him. I want to see Marshals breaking down doors.
"Remember, politicians and diapers should be changed often and for the same reason."
Ken from Popehat is awesome, but he does not personally provide representation to all the defendants he covers in his blog; nor does his law firm. (He has represented defendants in important first-amendment cases, but he writes about far more cases on his blog than he personally handles.)
What Ken does is send out the "Popehat Signal" -- basically, writing up the cases on his blog and asking for help -- in hopes of finding local lawyers who are willing to represent those defendants pro bono.
While this is certainly good, it is different from what the EFF does, which is actually provide counsel at their own expense. Ken doesn't have to pay a penny (well, hosting charges...) to send out the Popehat Signal. You shouldn't judge the two activities by the same standards.
Further, the EFF has newsletters, a website, and so on, in which they also engage in similar publicity activities to Ken.