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New Prenda Law Shell Corp Threatening to Tell Your Neighbors You Pirated Porn
It appears that Prenda Law, freshly defeated, has formed a new shell company named the "Anti-Piracy Law Group," and has resumed sending threatening letters to supposed porn pirates. But this time, they've expanded their threats (from a letter (PDF) sent to Fight Copyright Trolls): "The list of possible suspects includes you, members of your household, your neighbors (if you maintain an open wi-fi connection) and anyone who might have visited your house. In the coming days we will contact these individuals to investigate whether they have any knowledge of the acts described in my client’s prior letter"
Naturally, the letter also notes that the recipient can avoid having the list of videos they supposedly copied sent to their neighbors and family if they settle for a few thousand bucks...
1. I am not ashamed to admit I watch porn.
2. Watching porn is something I do with the windows open so my asshole shithead neighbor across the street's wife can watch.
3. Yeah you asshole. Your wife likes to watch me stroke.
4. I am not ashamed to admit I watch porn.
-- Posted anonymously for obvious reasons.
They can know I watch it, just as long as they aren't telling everyone I watch the wrong type.
The preceding post was not a Slashvertisement.
This is black mail, and illegal.
=]
Because when these guys fail to prove that the defendant's computer is the one they claim, any lawyer worth his or her degree will slap them with a defamation lawsuit.
This is a new low
If you can't explain it with a straight face to a judge it shouldn't go in writing. This is a simple rule of conducting business that applies to many, many things. Perhaps Prenda never heard of this basic rule of courtroom survival?
"The list of possible suspects includes you, members of your household, your neighbors (if you maintain an open wi-fi connection) and anyone who might have visited your house
So you just say it must have been a neighbour or visitor, ask them to add all the visitors to neighbours' houses, the post man, delivery men, etc. and let them get on with it. If they go to court quote their own words - it could have been any of these!
Who cares unless you live in Utah or in a monastery?
However the Utah thing is relevant as they watch more porn per capita than anywhere else in the U.S....
These guys might find themselves getting some pretty major smackdown from a court beyond what has already happened.
This is straight up extortion, and at this rate, I wouldn't be surprised to see someone slap them with RICO charges or something.
They don't have any evidence which can stand up in court, so they're resorting to smearing you in front of your family on the assertion that you must have violated a copyright they don't own.
If ever lawyers needed some sanctions from the court, it's these guys. Epic douchebags.
Lost at C:>. Found at C.
1) n. to publish in print (including pictures), writing or broadcast through radio, television or film, an untruth about another which will do harm to that person or his/her reputation, by tending to bring the target into ridicule, hatred, scorn or contempt of others. Libel is the written or broadcast form of defamation, distinguished from slander, which is oral defamation. It is a tort (civil wrong) making the person or entity (like a newspaper, magazine or political organization) open to a lawsuit for damages by the person who can prove the statement about him/her was a lie. Publication need only be to one person, but it must be a statement which claims to be fact and is not clearly identified as an opinion. While it is sometimes said that the person making the libelous statement must have been intentional and malicious, actually it need only be obvious that the statement would do harm and is untrue. Proof of malice, however, does allow a party defamed to sue for general damages for damage to reputation, while an inadvertent libel limits the damages to actual harm (such as loss of business) called special damages. Libel per se involves statements so vicious that malice is assumed and does not require a proof of intent to get an award of general damages. Libel against the reputation of a person who has died will allow surviving members of the family to bring an action for damages. Most states provide for a party defamed by a periodical to demand a published retraction. If the correction is made, then there is no right to file a lawsuit. Governmental bodies are supposedly immune to actions for libel on the basis that there could be no intent by a non-personal entity, and further, public records are exempt from claims of libel. However, there is at least one known case in which there was a financial settlement as well as a published correction when a state government newsletter incorrectly stated that a dentist had been disciplined for illegal conduct. The rules covering libel against a "public figure" (particularly a political or governmental person) are special, based on U.S. Supreme Court decisions. The key is that to uphold the right to express opinions or fair comment on public figures, the libel must be malicious to constitute grounds for a lawsuit for damages. Minor errors in reporting are not libel, such as saying Mrs. Jones was 55 when she was only 48, or getting an address or title incorrect. 2) v. to broadcast or publish a written defamatory statement.
http://dictionary.law.com/Default.aspx?selected=1153
Oh, this will be fun.
CAPTCHA: malice
I'm sure they are perfectly aware that their claims are groundless and probably illegal. They're also aware that their lifespan is shrinking rapidly.
I think what they're doing is seeing how many poor schmucks they can scare into settling for a few quick bucks before the whole scheme implodes.
Clearly, SCO's "Linux Licensing" was a model modus operandi for trolls everywhere.
Scruting the inscrutable for over 50 years.
I run a computer repair shop out of my house with open wifi and am also in an area with no DSL or Cable modem options. I'm bringing a cable connection in from a mile away with 900Mhz equipment and then re-share that over wifi to my cluster of neighbors. Everyone that comes to my place has a device that connects and I get PC's to work on that have bittorrent downloads in mid-download. They can kiss it.
Digital is, by definition, imperfect. Analog is the way to go.
...the definition of extortion? For example:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-59
http://codes.ohio.gov/orc/2905.11
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=518-527
http://www.law.cornell.edu/uscode/text/18/875
If private companies and groups can threaten stuff this heavy-handed, what is the point of extortion and creditor laws then? My creditors can't threaten to call my neighbors, but this group can?
The cow says "Moo." The dog says "Woof." The Timothy says "Thanks, valued customer. We appreciate your input."
The best way to create customers is to tell them that they are dirty, disgusting perverts and that if their family and friends knew what they where doing they'd be disowned.
Wait, if this is the world they want to pretend we live in, why would I ever buy a physical copy when it can be easily discovered. A password protected file of all my torrents is so much safer.
Monty Python beat these guys by several decades: http://www.youtube.com/watch?v=xrRZVCg31fE
How can this tactic not qualify as defamation? With the huge number of screwed up lawsuits over bittorrent piracy going on, it would only be a short while before they "outed" the wrong person...and then they would be liable. What then? They apologize and hope that they don't get sued? Screw that. They start this mess, they mess with the wrong person, the first thing would be "lawyer up!" and counter file against them--and make them eat their words.
From TFA:
infamous scumbag Steve “Lightspeed” Jones, a pornographer who specializes in “barely legal” genre (i.e. he recruits and films very young girls)
(emphasis theirs)
Now, by all means call him a scumbag on the basis of his extortion and blackmail. By all means find actual ways in which the way he produces porn is scummy.
But the "barely" in "barely legal" means they're above the age of consent, and hence not "very young". Indeed, since he's in the US, and they're (barely) legal, they must be 18 (2 years older than the age of consent in many countries), and capable of making their own decisions.
Now my neighbors won't have to tell me which good new porn they have found!
It's a time saver, really.
Hey, cut the Prenda guys some slack. They really need to earn some spending money, what with their upcoming dismissal from the bar and possible RICO prosecution...
Straight from copyright troll to racketeering? Impressive!
There is a war going on for your mind.
I watch porn. I enjoy adults performing a natural function. And I have no reason to pirate porn. LITERALLY a search engine away and you have streaming porn. I mean, You have to really enjoy a certain actor to go as far as pirating a video. And then, why not show that you enjoy their work by paying for it? And to those that don't think performing on screen while performing sex acts is work, I would disagree. While I personally have never done so, I can imagine it is quite uncomfortable at times. "Hey earl, Stop, stop, stop! You are doing it wrong, You see her face? She should be begging and you aren't performing like you should. Get out of the way, john, take earls place, he is terrible today." I know that would hurt on a professional and emotional level. >.>
Restore the madness of youth's lechery
Also, see figure 1.
There are SOOO many free porn sites out there already, why bother pirating it?
To name a few:
http://xhamster.com/
http://easygals.com/
http://xnxx.com/
http://youporn.com/
http://redtube.com/
etc. etc. etc.
No kidding! Why pirate what you can already get for free?
Most juries take a dim view of porn and porn makers, their eyes glaze over and fall asleep if you try to explain the intricacies of copyright laws, but they do understand slander. They might get sued for slander and get into very hot water.
sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
Best of Slashdot, rolled into one line of text!
Dark Reflection
For those across the pond who may not be familiar with this important bit of case law, here's the reply in question:
We acknowledge your letter of 29th April referring to Mr J. Arkell.
We note that Mr Arkell's attitude to damages will be governed by the nature of our reply and would therefore be grateful if you would inform us what his attitude to damages would be, were he to learn that the nature of our reply is as follows: fuck off.
I am officially gone from
Extortion is a Good Public Cause, at least according to all Good Public Politicians in all countries throughout all human history.
(-1: Post disagrees with my already-settled worldview) is not a valid mod option.
If we can get them to target politicians then laws against monitoring user traffic(*) will be created in no time at all.
(*) without due authority, like a warrant, suspicion of terrorist activity, or membership in the tea party.
...why in HELL would anyone "pirate" porn?
My goodness, I have a hard time understanding how stroke mags can even stay in business, much less the paywall sites. I truly can't comprehend anyone willing to break a law over something available ubiquitously for free, in fact it's hard to AVOID porn on the net.
For those who don't know what I'm talking about, google redtube, youporn. There is not enough time in the world to exhaust their current library of free porn, much less even catch up with the volume added every day.
-Styopa
Why would I care if my neighbors knew I pirate episodes of Animal Planet?
IANAL, but in a legal action I took a few years ago, in which the defendant accused me of heinous acts, I learned that statements contained within a lawsuit which would be considered defamation if published elsewhere, are not considered defamatory.
Note, however, that if those statements are proven false they will have legal consequences within that context.
Going right for Blackmail via libel now, eh?
isn't extortion illegal? we do still have some laws left in this country don't we?
Only if you're rich or a large corporation...
"Business ethics" - The new ultimate Oxymoron?
I thought Duffy was the one who was telling the judge "Hey, I don't know anything about what these other guys have been up to. I'm clean Your Honor, really."
Then he signs something like this? This guy is dumber than a bag of hammers. If any of these guys had any brains, they'd be on their way to some place that has banana trees in the yard and no extradition treaty with the U.S.
"The ferrets, they're every where I tell you!"
isn't extortion illegal? we do still have some laws left in this country don't we?
Actually we have two sets.. for the hoi-poloi, the peasants, ie: US, you & me... and another set for the elites, corporations... In our set of laws, extortion is illegal, but in the "big-boys" set of laws, its perfectly ok... I think what might have happened with Team Prenda is they thought they were covered by the "big-boys" laws, but found out they're just peasants like the rest of us.. may they rot in hell for this...
THANK YOU, Edward Snowden!! Americans owe you a debt of gratitude (whether they know it or not..)
I am going to write to his neighbors and reveal that he is a LAWYER.
Prove anything by multiplying Huge Number times Tiny Number
Maybe they really are good guys and helping the courts along by adding to their RICO-applicable offenses? In my non-legal opinion this sounds like intimidation, extortion, and a few other things that fall squarely under RICO.
On a side note they want to send letters to everyone who ever visited you? How the heck does that work? Do they sue you to produce a list of all the visitors you have had within the last 3 years along with their contact information so they can send the letters?
they told my neighbors that I PAID for porn.
Getting it for free would be an accolade.
Dave Barnes 9 breweries within walking distance of my house
They'll probobly want to trade whatever each of us downloaded.
The Prenda porn is only *gay* porn? So you mean I didn't have to delete all my porn collection just in case.... cries :P
"The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
to tell people I paid to download porn.
Right about now, I'm thinking. Up until now, everything they did was at least ostensibly legal, albeit unethical. This, however, is pretty much open and shut blackmail and extortion, both of which are federal crimes in the United States and nearly every other country in the world. In the U.S., a single letter like this is enough to qualify the sender for two separate federal charges with a maximum combined sentence of three years in federal prison, on top of various state and local charges that may also apply.
Check out my sci-fi/humor trilogy at PatriotsBooks.
And i thought it is illegal to blackmail in US.....silly me.
www.tubegalore.com
Everything you could ever imagine (and some you don't want to), free and legal.
I, of course, only watch the plain vanilla missionary porn between people of my age group.
And I think of england while doing so.
She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
You're clearly not a lawyer. The protection from a charge of defamation offered by the law to statements made in a lawsuit do NOT apply to someone 'informing your neighbors', before, during, or even after a suit, unless the neighbor(s) in question happen to be officers of the court, police officers, (a) judge(s), or members of the jury, AND they are informed in the course of the case. In fact, if they publicize an allegation as yet unproven in a court of law and in so doing contaminate the jury pool, they could be liable to be sanctioned for that action.
This misbehavior is going to continue unless and until someone holds these ambulatory priapisms in contempt of court for abusing the justice system. Would love to watch everyone involved get thrown in jail with the other goddamned crooks for a while. Make sure the other animals in the cage with them know they're sniveling blackmailers. Better yet, let it be known they're molesters and murderers of small children. Enjoy your stay, guys!
I watch porn. I enjoy adults performing a natural function.
The last time I checked, taking a shit was considered a natural function, too.
Also, just a google search away. Welcome to the future!
These shysters, after poking the proverbial hornets nest with a pointy stick and getting stung, are at it again? Unbelievable. I guess the lesson they learned from last time is that it's worth it. Crime does pay. There is no other explanation for this behavior.
They are all about making money, not serving justice. People like that are gangsters, and you know what they say. "Live by the sword, die by the sword".
Reminds me of a random NPC quote I always liked back in the days of City of Heroes.
"Those who live by the sword, get shot by those who don't."
I think that was one of the gangster thugs from The Family educating one of the thugs from either the Tsoo or the Warriors.
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Where's the evidence that this really is a Prenda shell company, and not a Nigerian-style scammer pretending to be a Prenda shell company?
Since this story has become public, then if representatives from Prenda don't step forward and say "This is not us." then that would be evidence in favor of it being the real deal. If it was just a Nigerian scammer pretending to be them, then surely they would want that to be known, since either their freedom or lives are on the line here.
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No kidding! Why pirate what you can already get for free?
Because the pirate sites is where I get my free porn. sheesh.
Be seeing you...
Well, if not the slammer, at least get the lawyers sending out the letters disbarred. This is illegal conduct pure and simple and is an act of moral turpitude. Lawyers cannot hide behind their clients in practicing illegal behavior.
It's really quite a simple choice: Life, Death, or Los Angeles.
I know that would hurt on a professional and emotional level.
I'm pretty sure the bowling pin up that girl's ass hurts on more of a physical level :)
Oooh, thank you! I wouldn't have bothered to look that up, but I'd have been missing out if it weren't for your post. I'm still giggling insanely while typing this.
There's nothing like $HOME
What makes it blackmail and extortion? My neighbors already know that I occasionally pirate stuff. I'm pretty ok with this.
If they pull this shit on me, then:
:-(
1) They will be counter sued for blackmail.
2) They will be sued for slander/character assassination as I currently have no porn on my box nor have I downloaded any either legally or not legally.
3) My neighbor is the only one with access to my wifi and she too will sue.
Knowing my luck though, they will run out of money long before they get to me.
The judge that recommended criminal charges and disbarrment against Prenda Law did not feel what they did was legal. The main issues that he had was that Prenda Law misled the court when asked direct questions about ownership and representation of the copyights.
Well, there's spam egg sausage and spam, that's not got much spam in it.
You probably wouldn't like it if they sent a ficticious list that included illegal pron. Mud sticks, even when proven false after.