Appeals Judge Calls Prenda an "Ingenious Crooked Extortionate Operation"
ktetch-pirate ("pirate politician" Andrew Norton) writes with this news from his blog: [Monday] was the long-awaited appeals court hearing in the ongoing Prenda copyright troll saga. Almost exactly two years after Judge Otis Wright went sci-fi on Prenda and its principles, the 9th Circuit Court of Appeals held an appeals hearing requested by Prenda on the sanctions, and it was not a pretty day for Prenda. Highlights included Senior Judge Pregerson calling Prenda's operation an "Ingenious Crooked Extortionate Operation" after describing in detail how they operate.
Prenda also astonished the judges by welcoming the idea of a criminal contempt hearing, which Legal blog Popehat thinks is likely to happen, on top of the sanctions being sustained.
Prenda also astonished the judges by welcoming the idea of a criminal contempt hearing, which Legal blog Popehat thinks is likely to happen, on top of the sanctions being sustained.
Don't you mean "Disingenuous"?
Anyone with the time should follow the YT link to the hearing. The whole damn thing is worth listening to, including a judge calling the companies' incorporation on Nevis a defiliation of the birthplace of Alexander Hamilton.
captcha: infamy
Asking for a jury trial is pretty much an admission of guilt, and the only way to get a lenient sentence for them.
I suppose there is some justice in the Prenda principals* living this trainwreck for years, as a sort of additional punishment before their inevitable jail sentences even start. However, I can't help but think that it shouldn't take this long. They spent years scamming people, before a court finally had the balls to actually take action against them (one somehow suspects special treatment for fellow lawyers). Now they are spending more years wasting judicial resources and time, meanwhile they may well be running some other, new scam to finance their modest lifestyles.
* Note to editors: it's not "principles" - those are what the Prenda principals failed to live by.
Enjoy life! This is not a dress rehearsal.
Rave reviews for Prenda:
"Ingenious" - Senior Judge Pregerson
systemd is Roko's Basilisk.
Could we get a linked article that is better written and laid out? The ktetch article is horribly written, they cuts quotes short, jumps around and provides little usable information. The Arstechnica article is by far better written and more informative.
http://arstechnica.com/tech-policy/2015/05/04/9th-circuit-judges-rip-into-prenda-law-copyright-trolling-scheme/
I'm not an Ars fanboy, and very rare /. commenter, but the quality of /. submissions has gone way down lately.
If a patent is transfered they cannot use the rights for money. The harshest ruling for patent infringement that a judge can use is cease and desist.
Is he a major Star Trek fan or is this some kind of plot to get the case scuttled on appeal due to the judge acting crazy? I'm reminded of an episode of Law & Order where the prosecutor goes "nuts" in the courtroom and gets the defense to move for a mistrial so he can get a second bite at a trial that is all but lost.
Reasons I can think of:
They're ingenuous.
I am Bennett Haselton! I am Bennett Haselton!
Could they have still gone after people in court?
I mean, copyright infringement did happen. Or does the fact that they seeded the files mean that they can't go after anyone else for distributing the files?
The fact that they seeded the files did raise questions about distribution and permission (on comment sites like this one, anyway), but that issue was never adjudicated. The lawyer attacking Prenda (Morgan Pietz) showed evidence that the seeder's IP address was linked to the offices of Prenda Law (the law firm nominally representing the holding company), which raised questions as to why the attorneys representing the plaintiff were distributing the plaintiff's material (they were in fact the same people, if different legal entities - although, again, never conclusively proven). The various Prenda and holding company stakeholders eventually invoked their fifth amendment rights to not incriminate themselves, which raised further eyebrows since to that point it was not a criminal proceeding against them. There were several hearings where they were all ordered to appear, but they were never all in the same place and seemed to blame whoever wasn't there, while never actually admitting that any wrongdoing had taken place.
I'm not positive on your other question, I believe that an attorney is not ethically allowed to represent himself if he is also the beneficiary of the settlement, so they would have needed to hire a different attorney to represent them. Being attorneys themselves, they figured they would skip that step and just conceal their relationship to the court (note: courts do not appreciate this). That's what I think, anyway, it seems like if they were just able to say that they own the copyrights and be done with it then they would have done that, so I think the reason they didn't is to avoid paying fees to another attorney when they thought they could do the job themselves.
"Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
No. It came out earlier that their "evidence" was nowhere near sufficient to show infringement. It was a straight up extortion play.