Team Prenda Does Not Show Up In Court; Judge Is Not Amused
from the bad-day-for-prenda dept
Update: And here is the deep dive analysis by Ken.We'll have a more complete report soon from Ken "Popehat" White, who was in the courtroom for the Prenda hearing today and will be writing about it for us (and for his own site), but for the quick version of what happened, with a huge assist from both Adam Steinbaugh and White, is that the judge has not made a ruling yet, but he is not at all pleased, saying "the client has been running everything. I know who the client is." There was no direct admission of who owns AF Holdings (other than that it had been transferred to another holding company, LiveWire -- as Pietz pointed out in his chart), but nothing else directly came out in court, apparently, other than Judge Wright's claim that he knows what's going on. In fact, he noted that the shell companies are "not even shells." This does not bode well for Prenda.
Of all the people ordered to appear, Team Prenda decided not to bother -- instead telling the judge they were available by phone, though the judge chose not to call. The only person (outside of Gibbs and Morgan Pietz) who did make it was Alan Cooper. But just one of the Alan Coopers. The caretaker one, who claims that his name was used illegally on various documents. In other words, as expected, Prenda and John Steele have still failed to produce another Alan Cooper who actually was associated with the shell companies. Apparently, Cooper showed up with voicemails left by John Steele which sound vaguely threatening, promising to tie him up in litigation -- possibly the defamation case that Steele filed against Cooper and the anonymous internet commenters. This will not help Steele's case. At all.
Apparently, Judge Otis Wright was not particularly pleased about this turn of events. Similarly, he blasted Paul Hansmeier for his deposition in which he tapdanced around pretty much every question. Remember, Hansmeier gave the deposition as the official designated "representative" of AF Holdings, one of the mysterious shell companies at issue in these cases, but Judge Wright pointed out that Hansmeiers evasiveness suggested he "doesn't know anything about his own firm." Or, you know, he's choosing not to say things.
Gibbs was put on the stand to testify, and apparently continued his "I was just taking orders" defense, in which he pointed the judge to Prenda. He also apparently claims he left Prenda because of the "online harassment and unwelcome exposure," though that wouldn't explain why he then became "in house counsel" for LiveWire, the shell holding company that was "acquiring" various Prenda shells. Judge Wright pointed out that Gibbs was the official counsel of record, and therefore the person responsible, even if he was attempting to throw Prenda under the bus. Gibbs also claimed that while he was "in house counsel" for LiveWire for two months, he never got paid (just like the Hansmeier deposition). It seems that no one associated with Prenda ever seems to want to pay anyone. Funny, that.
Also, Gibbs and his lawyers apparently tried to push back on the Verizon filing, which suggested that Gibbs failed to inform Verizon that the order allowing subpoenas to move forward in one of the cases had been killed by the court, and, furthermore, suggested Gibbs then lied to the court in claiming that Verizon had been informed. However, Verizon's lawyers showed up, and that apparently silenced Gibbs' lawyers.
Anyway, that's our quick update... There will be a ruling soon enough, but come back tonight when we post a more complete analysis from inside the courtroom.
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Filed Under: alan cooper, brett gibbs, john steele, morgan pietz, otis wright, paul hansmeier, prenda, shell companies
Companies: prenda, prenda law
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Hmm...
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Oh, like Techdirt!!
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Re:
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Prenda using Hollywood Accounting?
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Re: Prenda using Hollywood Accounting?
Hollywood accounting has got to be a stereotype phrase by now for: Don't sign that contract without a percentage of the GROSS receipts. (even if the percentage is much smaller the return is much larger.)
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Re: Re: Prenda using Hollywood Accounting?
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Re: Re: Prenda using Hollywood Accounting?
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Popcorn at the ready!
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Re: Popcorn at the ready!
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Re: Re: Popcorn at the ready!
So the point is that while popcorn provides a bit of roughage, and certainly at times amusement while pondering expectant amusement, it is mostly air. Comments, refering strictly to popcorn, therefore are mostly air. While a bit of air will lighten many loads, and increase comment count, it often fails to actually, like, contribute, as I know the multitude of popcornerers are capable of. (Dang those preposition ending sentances that express the vernacular).
Like feeding trolls, airfull comments rarely inspire insightful or funny votes, but rack up the comment count!
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Re: Re: Re: Popcorn at the ready!
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I'm hooked, hands frantically moving from popcorn basket to mouth, soft drinks bubbling furiously!
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Re:
oOo
oOoOo
|oOoOoOo|oOo
\---------/oOoOo
\_____OoOoOo oOo oOo
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"I think I'm gonna need a bigger hammer."
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Can't wait!
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Re: Can't wait!
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Re: Can't wait!
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I wonder if the Judge is filling out bench warrants right now.
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Can't wait for all the full write-ups later today/tonight!
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Probably because he knows it would be overturned on appeal, given the short notice and cross country travel involved.
I think this was more of a "last chance to change my mind" thing for the judge. Look for sanctions in the near future... not for the failure to appear, but for everything else.
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So far it has been only a civil action but this hearing was in relation to misconduct unbecoming of an attorney inside the courtroom and a prelude to more serious action.
The judge may have wanted to issue warrants today but he was thrown two more bones to pick with Prenda. One is the issue with Allen Mooney (of various spellings) which at least doubles the likely contempt of court (and other) charges and somewhat need to be sorted out. Second is the Verizon being taken for a ride affair of which, justifiably, they are miffed about and also needs some thought.
The quiet interlude before... -anticipation-
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WE'RE not amused, either, Mike.
Take a loopy tour of Techdirt.com! You always end up at same place!
http://techdirt.com/
Mike Masnick, the economist with the soul of a lawyer. Watch for (another in) his "At The Bench" series.
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Re: WE'RE not amused, either, Mike.
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Re: WE'RE not amused, either, Mike.
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Re: WE'RE not amused, either, Mike.
A waste of bandwidth. Get on to something that's relevant beyond this one case.
I for one, am extremely amused by all of this and find it very relevant and interesting.
You are free to find some other blog community to annoy, Blue. Don't let the door hit you on the ass on the way out, k?
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Re: Re: WE'RE not amused, either, Mike.
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Re: Re: Re: WE'RE not amused, either, Mike.
Judging by the traffic here on this story and other Prenda stories, your prognostication and math skills are just about as bad as your business skills in the music biz...
You should try living in reality, rather than the world where you make stuff up all the time to make you feel better.
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Re: Re: Re: Re: WE'RE not amused, either, Mike.
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Re: Re: Re: Re: WE'RE not amused, either, Mike.
I'm sure the flock are hanging on your every word as you report the misdeeds of these copyright maximalists. Best thing to happen to you since Swartz.
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Re: Re: Re: Re: Re: WE'RE not amused, either, Mike.
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Re: Re: Re: Re: Re: Re: WE'RE not amused, either, Mike.
Actually, Masnick has been desperate for even one single instance of malfeasance in regard to Six Strikes, but hasn't hit his piracy-apologist lotto yet. He'll keep at it tho. He literally can't wait to say that one mistake means enforcement should be done away with. That's why he supports rape laws being wiped from the books; because, y'know, enforcement doesn't work and the "collateral damage" from a false accusation is just too much. Because he's consistent across the board with his opinions on law.
Aren't you, Mike?
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Re: Re: Re: Re: Re: Re: Re: WE'RE not amused, either, Mike.
No. Shut up. You're wrong. You're sick.
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Re: Re: Re: Re: Re: Re: Re: Re: WE'RE not amused, either, Mike.
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Re: Re: Re: Re: Re: Re: Re: WE'RE not amused, either, Mike.
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Re: Re: Re: Re: Re: WE'RE not amused, either, Mike.
Are you sure you didn't mean 'envy word'?
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Re: Re: Re: Re: Re: WE'RE not amused, either, Mike.
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Re: Re: Re: Re: Re: Re: WE'RE not amused, either, Mike.
LOL! I haven't really followed this story, and these guys certainly aren't my buddies. I think all scumbag lawbreakers should pay. That includes these guys, if they're guilty, and all of the piratical douches that flock to Chicken Mike. My opinion doesn't change because of which side of the debate they're on. Watching you basement dwellers drool at the site of a dishonest "porn troll" is very entertaining. If only you idiots cared about other lawbreakers with the same vigor. But, alas, when it's one of "your kind," you all become myopic.
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Re: Re: Re: Re: Re: Re: Re: WE'RE not amused, either, Mike.
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Re: Re: Re: Re: Re: WE'RE not amused, either, Mike.
We've got a very interesting story happening in the courts. One that most Techdirtians are interested in. As a business owner and blog writer...wouldn't it be in everyone's best interests for Mike et al to keep writing about it? He gets the traffic, we get the stories. He is thus doing what any other blogger would do.
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Re: Re: Re: Re: WE'RE not amused, either, Mike.
According to his math and accounting skills he wasted 6 Petabytes of data and caused the collapse of the entirety of North American network by merely loading this post. Hollywood accounting can be scary. o.O
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Re: Re: Re: Re: WE'RE not amused, either, Mike.
You have one also, and you threatened death. You'll have to pay for that some time, won't you, Mr. "I value people's privacy... Until I look at their IPs"?
Keep falling into the same traps, Mike.
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Re: Re: Re: Re: Re: WE'RE not amused, either, Mike.
And this site doesn't ask for that stuff either.
I don't even know why I respond, it's just a waste of time, the only thing I find is strawmanning, ad hominem, faulty logic and plain old lies.
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Re: Re: Re: Re: Re: WE'RE not amused, either, Mike.
Keep on crying for the likes of Evan Stone and campaigning for titles like "Daddy My Ass is On Fire".
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Re: Re: Re: Re: Re: WE'RE not amused, either, Mike.
One day you'll finally understand what i mean.
Im not holding my breath, though.
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Re: Re: Re: Re: Re: WE'RE not amused, either, Mike.
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Re: WE'RE not amused, either, Mike.
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Re: WE'RE not amused, either, Mike.
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Re: WE'RE not amused, either, Mike.
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Re: WE'RE not amused, either, Mike.
Jump to Twitter and read the activity all day today on the #Prenda thread and it's confirmed.
This is the most interesting, entertaining and quite relevant cases to ever come along regarding copyright & copyright trolls, and how they go to the lengths they go to.
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Re: Re: WE'RE not amused, either, Mike.
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Re: WE'RE not amused, either, Mike.
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Re: WE'RE not amused, either, Mike.
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Re: WE'RE not amused, either, Mike.
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Re: Re: WE'RE not amused, either, Mike.
It's all over the floor now.
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Re: WE'RE not amused, either, Mike.
Give us a break. This case is our version of porn.
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Re: Re: WE'RE not amused, either, Mike.
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Re: WE'RE not amused, either, Mike.
This frome someone who's life is a waste.
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One can only hope
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Ace Attorney
I keep expecting to hear someone shout "OBJECTION!".
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Re: Ace Attorney
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I'm almost certain that Prenda law would have the latest heels in their corner.
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When they didn't get called, I wonder if they popped open some champagne to celebrate. Or were they following the twitter feed as they quickly crammed some clean underwear into their go bag to make a run for it...
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I hope the judge calls for criminal charges and pushes this up to a higher court.
If anything there seems to be a lot of he said she said and a lot of trying to hide any income with everyone saying they have not been paid anything so far.
One interesting thing would be how many people paid up from those that were accused and sent demanding letters after the court said they must not, also how much has Prenda or any organization that Steel and Hammershite(sp) have been involved with taken from settlements. Where has Steel been making money as he was barred from practicing law previously from what i can remember.
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hahaha almost spit up my coffee on that one
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Is that practicing law (he was his own client, I take it) or just availing himself of using the law to defend himself? Even douchebag lawyers have the right to defend themselves.
BTW, I'm not defending them, exactly. I think this whole charde is just stunningly ridiculous. These bums made it through law school and were accredited by the Bar?!? What's wrong with law schools and the Bar that allows this crap to happen? No accountability on their part, whatsoever? This seems to happen over and over again.
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It has to be a deliberate process, to make sure that only lawyers who truly deserve to be disbarred are disbarred. They have to rule out the possibility that a long suspension or other disciplinary actions are inadequate.
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From John in IL to Brett in CA...
This is Taylor Swift's 'We Are Never Getting Back Together'
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I thought the First lesson, Day 1 in Law School
Do Not Piss Off The Judge.
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SOON
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THREE HOURS SINCE PROMISED UPDATE!
Take a loopy tour of Techdirt.com! You always end up at same place!
http://techdirt.com/
Why aren't you fanboys helping out Mike with links back to here as I do? What a bunch of innovation-less freeloaders!
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Re: THREE HOURS SINCE PROMISED UPDATE!
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Re: THREE HOURS SINCE PROMISED UPDATE!
Well, sorry to say Mr. Wizard, but the curtain has been pulled back, and everyone is getting a good look at the people, and actions behind it, no matter how much you might wish otherwise.
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Re: THREE HOURS SINCE PROMISED UPDATE!
This is why no-body believes or even likes you. You constantly scream bloody murder at Mike and Techdirt, (often quite literally) but in reality, you keep coming back, you keep reading, because, deep down, you're one of us. You're a copyright hating person too...
Actually scratch that. I sincerely hope not, because if you are one of us, you are capable of singlehandedly causing copyright abolition to fail simply through sheer incompetence and stupidity.
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Deep dive post
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