Judge Refers Prenda Copyright Trolls To Criminal Investigators
SternisheFan tipped us to news that the infamous copyright trolls Prenda Law are in a bit of trouble with the law. Today, U.S. District Court judge Otis Wright issued sanctions against Prenda. He recommends that the lawyers involved be disbarred and fined, granted court and lawyer fees to the defendants (doubled for punishment), and has referred them for criminal prosecution. Among the findings of fact are that they set up dozens of shell companies to disguise the true owners, actually committed identity theft, dodged taxes on settlement money, lied to the court, and abused the court by setting settlements on flimsy charges just below the cost of a defense.
Everywhere needs more judges like this. All too often people involved with the legal process or shielded by large beaurocracies feel they can act with impunity and are somehow above the law. Criminal prosecutions are just the thing to remedy that attitude.
From TFA:
"... they offer to settle—for a sum calculated to be just below the cost of a bare-bones defense."
Judge Wright then awards costs plus punitive damages totalling $81,319.72 to the victims, saying that the sum
"is calculated to be just below the cost of an effective appeal"
[Rent This Space]
They simply didn't matter enough, like a big corporation does. Not enough lobbying means you'll be judged as hard as any other citizen would be!
For even more geek appeal, Judge Wright also peppered his order with Star Trek references, beginning with this quote:
and hammering it home towards the end:
I strongly suspect he deliberately designed this order to get maximum publicity with the tech media.
Why would anyone engrave "Elbereth"?
Do you think we can get him involved with some other cases like Apple/Google/Samsung etal it would be nice if someone stopped them from behaving like juvenile pricks.
Build a Man a Fire, and He'll Be Warm for a Day. Set a Man on Fire, and He'll Be Warm for the Rest of His Life.
Here is the official filing:
http://www.scribd.com/doc/139843902/Prenda-Sanctions-Order
First lines:
“The needs of the many outweigh the needs of the few.” —Spock,
Star Trek II: The Wrath of Khan
(1982).
Somebody should make a status of this judge. Preferably 3D printed and with references to popular SciFi universes. He deserves no less. :-)
- Jesper
My security clearance is so high I have to kill myself if I remember I have it...
It took this ONE judge basically collecting 5-10 other Fedral cases after putting out an order to consolidate Prenda's cases to fewer jurisdictions. It was only after getting a half dozen other circuit courts to agree, he could even read that they had been using different names and such in different courts. He broke down a lot of the corporate veil judges normally don't get to do.
It took special permissions from other courts and over a year of sorting paperwork to get ONE SET of troll lawyers. Effectively all this does its chase the trolls out of HIS court, and into courts where the judges won't catch them.
It took this ONE judge basically collecting 5-10 other Fedral cases after putting out an order to consolidate Prenda's cases to fewer jurisdictions. It was only after getting a half dozen other circuit courts to agree, he could even read that they had been using different names and such in different courts. He broke down a lot of the corporate veil judges normally don't get to do.
It took special permissions from other courts and over a year of sorting paperwork to get ONE SET of troll lawyers. Effectively all this does its chase the trolls out of HIS court, and into courts where the judges won't catch them.
Actually, the Judge has gone a bit further than that - he has referred all of the individuals identified as actively culpable to the Bar Associations for the districts where they are legally allowed to practice due to their lack of "moral turpitude". Given that judges have no direct control (albeit with considerable influence, but no official ability to directly rule on such matters), he is effectively telling the American Bar association to strike these guys off, take them to a quiet spot, order them to dig a ditch and climb in, ready for the ditch to be filled in.
In sutiations like these, everybody always talk about how cool it would be to "do something". Several people have already mentioned a statue.
Well here goes: The unofficial Otis D. Wright Statue Fundraiser
http://www.indiegogo.com/projects/the-unofficial-otis-d-wright-ii-statue-fundraiser
Go throw a buck or five at Judge Wright. Show the world that your respect for this man reaches further that a simple forum-post :-)
- Jesper
My security clearance is so high I have to kill myself if I remember I have it...
With a good coffee , reading this is good to the last drop , i mean line. Reading this judgment is a treat.
If you havent done so yet , make yourself a favor , read the judgment. I never enjoyed reading one as much as this one.
Better than the SCO court papers and bankruptcy filing that's for sure. Hopefully they will end up disbarred.
What a treat , thanks for posting !
Quote:
Third, though Plaintiffs boldly probe the outskirts of law, the only enterprisethey resemble is RICO.The federal agency eleven decks up is familiar with their prime directive and will gladly refit them for their next voyage. The Court will refer this matter to the United States Attorney for the Central District of California.
The system needs a judge like this who can plainly see what the public at large has been complaining about for well over a decade. Astronomical awards are used as nothing more than a hammer to force people to pay thousands of dollars per infraction and avoid going to court. The entire thing is a sham on the public and the court system and never intended to represent anything resembling justice.
Unfortunately the Supreme Court refused to take up the absurd statutory award that was put forward in the Jamie Thomas case despite overturning the much (smaller proportionally speaking) Exxon Valdez award. We're going to need a series of court cases like this one to bring some sanity back in the system.
http://arstechnica.com/tech-policy/2013/04/prenda-porn-trolls-clam-up-as-their-plans-crumble-in-an-la-courtroom/
The pic here is pure win.
From which ditch they will run their congressional campaigns.
You are welcome on my lawn.
From which ditch they will run their congressional campaigns.
I am not sure it would go quite that far... after all, they may be liars, cheats, bullies, shysters, conmen, and to cap it all... lawyers. But there is a long way to go from that to suggest they can make the leap to the next level of unconscionable evil and become Congressional Politicians. :)
Oh, damn, showing my jaundiced and cynical side there, making the overly broad generalization that all politicians are scum of the earth whose sole purpose in running for office seems to be to hop on the gravy train of lobbyists' "Campaign Contributions" and line their own pockets at the expense of the electorate and citizenry of the country they are elected to serve
An interesting side-question would be to ask how many competent and genuinely honest people would get into politics to do some real good, but are put off or corrupted in the face of the Gravy Train on one side, and world-weary cynics like me, seeing the worst in all politicians and condemning them without personal knowledge, on the other. Not too many, I guess... (but if you think that YOUR congressman/woman is doing a good job, don't just post about it here, send them a letter praising their performance - if enough people do that, so that they get some positivity once in a while, it might help them to make the right choice next time, too.
Oooo look, a Unicorn!!
then maybe there's something to it, hmm?
The basic problem of Lawyers is that they make the powerful more powerful.
They also self-seed, which isn't good. Make a law that can only be understood officially by a lawyer? More money for lawyers, more work for new lawyers.
This is a factor of the first proposition, mind, since the Lawyers are powerful. And they can make themselves more powerful.
It's all fun and games until you piss off a judge. Too bad you can't sentence someone to be beaten with a baseball bat in this country. Not that he should let THAT stop him...
I'm trying to teach myself to set people on fire with my mind... Is it hot in here?
Actually, the Judge has gone a bit further than that - he has referred all of the individuals identified as actively culpable to the Bar Associations for the districts where they are legally allowed to practice due to their lack of "moral turpitude".
Actually, quite the opposite. Not for the lack of moral turpitude, but for the presence of it. Turpitude = depraved or wicked behaviour or character.
He also told the US Attorney's office to look into the possibility of racketeering, and the IRS to look at them for tax evasion. Oh, and he's sending a copy of this to every judge who has a case with them anywhere in the country.
The next time these guys are in court, it's probably going to be as defendants.
'Sensible' is a curse word.
Actually, quite the opposite. Not for the lack of moral turpitude, but for the presence of it. Turpitude = depraved or wicked behaviour or character.
Quite true... I was so taken with the idea of moral turpitude that I ended up in two minds about how to phrase it, and ended up doing both, shooting myself in the grammatical foot in the process... that'll teach me to get excited about turpitude :)
Prenda; giving patent trolls a bad name. Man, that's saying something..
Organization? You must be joking..
Assuming the IRS will let them. Remember, not only did he notify the Bar associations, and the AUSA, but he also sent it to the IRS.
General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
Yep. These guys are in deep shit now.
Even the Joker isn't insane enough to mess with the IRS....
http://www.youtube.com/watch?v=G56VgsLfKY4
General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
Perhaps your support to the Judge Wright Statue can act as imaginary beating? ;-)
My security clearance is so high I have to kill myself if I remember I have it...
Is a Statue geek appeal enough for you?
If yes, check this journal entry: The Death of Prenda as a Statue
(Disclosure: I am the author of it)
- Jesper
My security clearance is so high I have to kill myself if I remember I have it...
I made a /. journal entry on it. Let us see how far we can make this thing go... :-)
The Death of Prenda as a Statue
(Disclosure: I am the author of it)
- Jesper
My security clearance is so high I have to kill myself if I remember I have it...
Mr Capone did not take the IRS seriously.
The Joker does
General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.