Team Prenda Shows Up In Court, Pleads The Fifth... Angry Judge Ends Hearing In 12 Minutes
from the extinction-level-event dept
Well that happened much faster than expected. While Judge Otis Wright apparently had cleared his entire schedule today for the Prenda hearing, the actual hearing lasted all of 12 (count 'em) minutes, with Judge Wright declaring "we're done" before storming out. We'll have a more detailed writeup from Ken White, who was in the courtroom, shortly, but here's a quick summary of what happened. Unlike last time, everyone actually showed up (well, except for the imaginary Alan Cooper of AF Holdings who does not appear to exist) and promptly pleaded the fifth.From various reports from inside the courtroom, it appears that the Judge asked various questions and was not at all pleased with the decision by Team Prenda to clam up, noting that he would "draw reasonable inferences" from the "facts as I know them." Judge Wright's attempts to find out more information to support or rebut the facts as he knows them apparently did not go well. He asked about Alan Cooper, and got not response. He asked about who made the decision to not disclose to the court Prenda's financial interests in the outcome, and was told by the lawyer representing Prenda that "there's no evidence" that this was the case, which only upset the judge more. He asked the lawyer if she had even read Hansmeier's deposition. It didn't take the judge long to decide this was a waste of time, and based on his statements, it appears he's convinced that Prenda was up to no good, and will rule accordingly.
That's the quick nuts and bolts. Ken White is busy at work on a deeper dive analysis, which we'll post when ready. His short summary on what to expect? "Holy shit" and that this is an "extinction-level event" for Prenda. Stay tuned for more...
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Filed Under: alan cooper, brett gibbs, john steele, mark lutz, otis wright, paul hansmeier, paul duffy, peter hansmeier
Companies: af holdings, ingenuity 13, livewire holdings, prenda, prenda law
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Now this is popcorn worth...
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Re: Now this is popcorn worth...
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There's no doubt in my mind that Judge Wright was extremely tempted to throw the book at Prenda, followed by chucking his gavel at John Steele's head.
This just keeps getting better and better.
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> biggest, heaviest book he can find to throw at them.
I hope it is the bricks and mortar kind rather than an e-book.
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Lethal injection button for these idiots.
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Re: Now this is popcorn worth...
Ummm... BOOM!!!
o_o
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i need to get more popcorn.
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Love it
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Wow
I'm told our best hope is that the gang is turned over to the DoJ, the Bar, etc. I can only hope that the DoJ can quit chasing alleged infringers long enough to pay attention to these assclowns.
I really was hoping for something more.
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Re: Wow
Most of these options are still applicable in light of the parties involved pleading the fifth amendment. Pleading the fifth is probably a wise thing to do in light of possible future criminal actions. However, the pleading probably hurts their current civil case.
While the pleading itself can't be construed as an admission of guilt, it's clear that the judge is currently under the impression that improper actions have been taken by the Prenda team. The OSCs are an opportunity for the Prenda team to explain why these actions weren't improper. By taking the fifth, they are waiving the opportunity to "clear their names". By missing this opportunity to clear the air, they hurt their civil case.
So it's not pleading the fifth that damages them; it's the failure to say anything that clears up the air.
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Re: Wow
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Re: Wow
Which makes it all the more strange that they pled the 5th, unless criminal activity has indeed occurred.
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So, if in a civil action a lawyer asked me if I had committed some felony, I could plead the fifth amendment to avoid answering the question.
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Re: Wow
Then upon reflection you realize that someone should not have been in the ring.
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Re: Wow
Not sure how this applies to parties in a show cause order though. Anyway, looks like Judge Wright feels he has sufficient evidence anyways, just wanted to have given them a shot at explaining the evidence.
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In the Beginning...
The problems for Prenda are just starting, though. Being this publicly stupid is going to leave a lot of fallout, and apparently they managed to make it personal for this judge.
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Re: In the Beginning...
If we've learned anything from watching The SCO Group vs Novell and IBM, and the various Microsoft Follies, it's that the aristocrats never really get punished. The Prenda scurvy dogs made some money, they were lawyers, so they'll get off relatively lightly. I wager only smallish monetary penalties, and a few dismissals with prejudice. No disbarment, no gaol time, not every suit will even get dismissed. Even judges have to earn a living somehow.
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@Mike Uchima
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Oh my.
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*facepalm*
I can't see how this won't be directed to both Bars & the DoJ for investigation.
You'd think people already hopping on one leg from shooting their own feet wouldn't take a saw & cut the other one off...
Well, unless having no feet is better than the alternative.
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Re: *facepalm*
So they shut the fuck up.
they are done.
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Re: *facepalm*
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They were smart to stay together. Get a few of them away from steel or haensewhatever, and the details may spill.
I might model some operation after their organization. I just gotta work on feeling so superior to everyone else.
Ill bet it will be at least a year before they feel anything (if ever).
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As it stands that conviction currently depends on the outcome of an investigation, and unfortunately the DOJ will not take this very seriously since no large corporations were affected.
It sucks, but they may even end up getting away with most of their crimes. Again I must emphasize that the only people harmed by their actions were ordinary citizens, whose well being do not hold much weight. Recent history has repeatedly shown substantial legal favoritism for the rights of the corporation over those of the individual. Cynical as that may sound it is also the sad reality.
Still, it's been a lot of fun watching this all unfold, and watching the bad guys suffer even a little. Justice may be an illusion, but it's a nice illusion. :)
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It should be noted that there were several e-mails implicating that John Steel was wanting to make a quick buck from copyright trolling on the same grounds as the MPAA or the RIAA would have. The fact that they did this for various pornography companies is just one step below how the lengths and level that the MPAA and RIAA will gather that same information on a person.
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No, I'm sorry Mr Bigwhopper and Susie Melons, each insertion/removal counts as a separate performance...pay up or we'll cut-off your access...
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Adam Steinbaugh
@goodreverend
"Who made decision not to disclose to the court that the firm has financial interest in the outcome?" "There's no evidence of that"
DaveCA, Esq @DaveCA 2h
@goodreverend Did they at least try the Kenobi hand wave while attempting that?
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Mr. Simpson, this is the most blatant case of fraudulent advertising since my suit against the film, "The Never-Ending Story".
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The 5th you can't plead, when the taxman makes ya bleed....
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I'm feeling so much better about the defamation suits.
Its fun they showed up, but was anyone expecting anything more?
They wanted to stand up and explain how this was all just a big misunderstanding and walk out without dealing with the actual issues.
They are big time lawyers and they are totally correct, trust them. This is the same plan they have followed in every single mass doe copyright case they have filed. We totally know they are guilty and can prove it, so just let us have the names. Ask us no questions about the silly "facts" other people are demanding we address. Yes our system can identify actual infringers, rather than a single IP address assigned to someone who might not even have been using it at the time. Just let us pursue account holders because they are responsible, even if we can't tell you what actual machine was using the connection at the time.
It is a pity that this wasn't more explosive, I would love to have seen this shatter and allow everyone they ever got money from, ever called, ever sent threatening letters to have the ability to sue them.
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Unlike the piracy apologists who will stoop to defend every greasy sleaze-weasel who exploits copyright for personal enrichment, most of us on this side of the debate don't cheer for human garbage no matter which side of the street they grift on.
You should try it some time.
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So personal enrichment is bad, but wholesale commercial infringement should be forgiven.
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But don't worry. I hear a judge in the US is frowning rather considerably on Prenda's claims of "IP address = person". Now who was it who proudly and boldly claimed that with the advent of six strikes, SOPA was virtually reborn? Have fun mucking with six strikes when your investigative technologies come under unprecedented levels of scrutiny - never mind the fact that some of them have already have been outlawed and in legal trouble in their own country.
The reason why no one on your side is commenting is that these jokers managed to blow your business models wide open, after trying to bite off far more than they could chew, and you'll have to pick up the mess they left behind.
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This is like a football game then
The rest is taken up by huddles, time outs and beer commercials.
So Prenda is like pro football players. Getting paid millions for doing essentially nothing.
Only worse since pro football players do not typically extort money (unless you consider paying hundreds of dollars for statium tickets extortion).
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Steele/Hansmeier/etc. etc.
Either way, as Joe Mullen said in his comments on April 2, "Judge Smash."
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