Prenda Lawyer Says Judge Wright's Order Is Inapplicable In Georgia Because California Recognizes Gay Marriage

from the wtf? dept

Thu, May 9th 2013 12:18pm — Mike Masnick

So, you may recall that as a part of Judge Otis Wright's Prenda sentencing, he ordered that a copy of the ruling be submitted in every other case involving Prenda:

For the sake of completeness, the Court requests Pietz to assist by filing a report, within 14 days, containing contact information for: (1) every bar (state and federal) where these attorneys are admitted to practice; and (2) every judge before whom these attorneys have pending cases.

In one Prenda case (involving AF Holdings again) in the Northern District of Georgia, the defendant, Rajesh Patel, and his lawyer, Blair Chintella, submitted Judge Wright's ruling themselves to the court in the case. As pointed out by Fight Copyright Trolls, Prenda's local counsel in Georgia, Jacques Nazaire has filed one of the most ridiculous filings we've ever seen yet in all of the Prenda filings. It argues that the court should not allow Judge Wright's order to be entered into the docket because California recognizes gay marriage and Georgia does not. I'm not joking.

The defendant has filed a copy of that Order hoping that it would be viewed as a mandate by this Court. However, the defendant’s attempts to issue this mandate should fail for the following reasons.

First and foremost the undersigned respects the California decision and believes that it was rendered in the best interest of the residents of California.

Nevertheless, this instant case is pending in a Georgia District Court and it is trusted that any decision rendered, whether for or against the plaintiff, will be done so in the best interest of the residents and practitioners of Georgia.

While this Court may or may not agree with some of the issues presented in the California case, unbeknownst to the defendant, the California case will not necessarily become a mandate on this Court. It is solely within the discretion of this Court to follow or not follow the decisions made in the California case.

The defendant should realize that California has different laws than Georgia, a different Governor than Georgia; a different legislative body than Georgia, different business needs than Georgia and different views than Georgia and as such all of its decisions cannot serve as a mandate for Georgia.

For example the California Courts have legalized gay marriage. Perry v. Schwarzenegger 704 F.Supp.2d 921 (N.D. Cal., 2010);Certified question, 628 F.3d 1191 (9th. Cir.); Answered 52 Cal.4th 1116 (2011) Affirmed, 671 F.3d 1052 (9th Cir.) Such a decision cannot serve as a mandate on Georgia Courts to legalize gay marriage as well.

It doesn't stop there. It notes that California courts have different immigration rules and (randomly) that NY has different gun rights. Basically, it throws out every hot button issue that stereotypical conservatives might disagree with stereotypical liberals on.

Of course, all of that is meaningless. While it's true that Judge Wright's ruling is in no way a precedential ruling for the Georgia court, it's still a ruling about federal law, not any specific state law. And the ruling itself is about flat out misconduct (including potential racketeering and tax evasion claims) by the plaintiff in this case, because of actions in a nearly identical case. That's not about California having a "mandate" over Georgia. It's about very relevant additional information that the court should know about.

Nazaire then goes on to list out a ridiculous parade of horribles that he claims would happen if the Georgia court "followed the aforesaid California Order" including that law firms wouldn't be able to use boilerplate text any more. This makes absolutely no sense at all. First of all, the inclusion of Judge Wright's order is not about having the Georgia court "follow" the order, but adding additional important information about the parties in this particular case. Separately, the idea that adding a California ruling into the docket suddenly means lawyers wouldn't be able to cut and paste any more... just doesn't make any sense at all.

Nazaire then tries to argue, incredibly, that there is no "proof beyond a reasonable doubt" that Alan Cooper's signature was forged. Earth to Nazaire: that ship sailed a long, long time ago. It also leads to this completely random attack on the EFF:

Prior to filing the document, the undersigned contacted Prenda Law to find out whether or not Mr. Cooper would be available to testify at trial but was advised that they could not locate Mr. Cooper. The undersigned was advised that Mark Lutz and Peter Hansmeier would be available to testify as witnesses. Had the undersigned realized that the Electronic Frontier Foundation was hanging with Mr. Cooper, he would have been able to track down Mr. Cooper and questioned him about the documents. It turns out that Mr. Cooper was a caretaker of one of the properties of a Prenda Law member and had left said property in August, 2012.

Therefore, even if the undersigned had placed a knife to the throats of each of Prenda’s members, none would have been able to give him Mr. Cooper’s contact information at the time on November 5, 2012 when Plaintiff commenced its law suit. It is certainly not the first time a company has lost contact with an agent (or alleged agent as stated).

Wow. Honestly, this one needs no commentary. It speaks volumes (of insanity) for itself.

And Nazaire is not done. He also argues that Patel's lawyer, Chintella, was "one of the two star witnesses in the California case" (which, um, isn't true) and then claims that this is an ethics violation in Georgia.

This whole filing really is quite remarkable, but certainly seems to fit in to the growing pile of "Prenda crazy" filings in various cases around the country.

Gand 05506627522 (PDF)Gand 05506627522 (Text)

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Filed Under: blair chintella, california, copyright, copyright trolls, federal law, georgia, jacques nazaire, otis wright, rajesh patel
Companies: af holdings, prenda, prenda law

103 Comments

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Rikuo (profile), 9 May 2013 @ 11:59am

Okay. I've got a confession to make. When I read that headline, I honestly thought that Mike had gone insane. I honestly thought that "no, not even Prenda would say something so fucking ridiculous".
Well thank you very much Prenda, for proving me wrong.
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Ninja (profile), 9 May 2013 @ 11:59am

It's not unheard of. Remember the 2.1 million job claim where they included grocery and flower stores employees? Well, gay marriage. And Hitler for Godwin's sake!
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Ninja (profile), 9 May 2013 @ 12:00pm

Re:
Do not underestimate human stupidity. I'd say the shit has reached their necks with that.
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Rikuo (profile), 9 May 2013 @ 12:01pm

Re:
Now that I think about...is this a real-life example of the Chewbacca defense?
https://www.youtube.com/watch?v=clKi92j6eLE
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Anonymous Coward, 9 May 2013 @ 12:20pm

Its becoming more and more obvious Judge Wright didn't levy a big enough penalty.
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S. T. Stone, 9 May 2013 @ 12:24pm

By the time this ends, I think we might actually see a couple of dead bodies spring from the closets of Prenda Law.
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Anonymous Coward, 9 May 2013 @ 12:24pm

I can't purchase popcorn fast enough at this point. I need a grocery store that will automatically deliver it to my house every 8 hours or less.
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Anonymous Coward, 9 May 2013 @ 12:25pm

Sadly, I can picture them out and lawyering for other poor fools within the year.

They may even list this whole debacle as a win on their part.
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apauld (profile), 9 May 2013 @ 12:27pm

As I said on the popehat thread about this....
This is what you get when you hire your lawyer from a Craigslist ad.
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Wally (profile), 9 May 2013 @ 12:37pm

The irony that kills Prenda's case in Geogia...
It is kind of ironic that Prenda would be so worried about other lawyers of other defendants copying and pasting District Judge Wright's.
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ScytheNoire, 9 May 2013 @ 12:38pm

It must be really easy to become a lawyer these days. You don't need an ounce of intelligence, just the ability to lie and bullshit.
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Wally (profile), 9 May 2013 @ 12:38pm

Re: The irony that kills Prenda's case in Geogia...
"It is kind of ironic that Prenda would be so worried about other lawyers of other defendants copying and pasting District Judge Wright's"

*It is kind of ironic that Prenda would be so worried about other lawyers of other defendants copying and pasting District Judge Wright's ruling as a reference filing to Prenda's activities...*
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Wally (profile), 9 May 2013 @ 12:41pm

Re:
The funny thing is that, as shown in this entire saga of all things about Prenda, they cannot even do those properly.
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Wally (profile), 9 May 2013 @ 12:43pm

"Prior to filing the document, the undersigned contacted Prenda Law to find out whether or not Mr. Cooper would be available to testify at trial but was advised that they could not locate Mr. Cooper. The undersigned was advised that Mark Lutz and Peter Hansmeier would be available to testify as witnesses. Had the undersigned realized that the Electronic Frontier Foundation was hanging with Mr. Cooper, he would have been able to track down Mr. Cooper and questioned him about the documents. It turns out that Mr. Cooper was a caretaker of one of the properties of a Prenda Law member and had left said property in August, 2012.

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Atkray (profile), 9 May 2013 @ 12:48pm

It looks like Jacques Nazaire forgot to pack a parachute when he got on the Prenda flight to fantasy land. Now that he sees it is not headed where he thought it was he is desperately working the controls.

He will continue on board...all the way to the crash site.
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Anonymous Coward, 9 May 2013 @ 12:50pm

I have to give the lawyer credit
for the Hangin' with Mr. Cooper pun.
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Lurk-a-lot (profile), 9 May 2013 @ 12:54pm

I've just worked out where they're going with this...
Insanity plea.
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Anonymous Coward, 9 May 2013 @ 12:55pm

The point he is (erronously) trying to make, is that because the state legal structures of the two districts differ, it would be improper to consider the input from judge Wright, as it could very easily follow the logic of a different legal framework.

The reason his argument falls flat, is because the issues being raised are independant of any district differences between the two courts and focus on federal level infractions and concerns that are valid in ANY United States district.

Still, points for trying. If I wasn't so disgusted that it had been working, I'd be quite impressed with the smokescreens and diversionary tactics that has lead the Prenda folk so far.

At the very least they'll likely wind up villains in a few stories I have floating about in my head XD
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Andrew Norton (profile), 9 May 2013 @ 12:55pm

It is hillarious, although it's really hard work too. I was speaking to Blair over the weekend and this case came up (disclosure: I've been assisting Blair for over a year with understanding the technical aspects of bittorrent.).

Unfortunately, I can personally torpedo some of Nazaire's claims. I KNOW where Blair was during the last two hearings, mainly because I was speaking to him. In fact he, like many other lawyers and 'interested parties' took part in my liveblog during the April hearing. I'm sure she can subpoena scribblelive to get his IP address, that is the modus operandi after all.
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Anonymous Coward, 9 May 2013 @ 12:58pm

Re: Re:
No, but since they're still breathing, obviously, I'd have to say it's reached the top of the upper lip at the very least.
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Nigel (profile), 9 May 2013 @ 1:02pm

If this wasn't a bit abstract to the gen pop "hangin with Cooper" would make a sweet meme lol...

Nigel
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Ruben, 9 May 2013 @ 1:06pm

Prenda: The new SCO
This has all the makings of an SCO-esque crash and burn spectacle.

Here's hoping Prenda will continue to die a slow, painful death whilst giving us all quite a show.
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Wally (profile), 9 May 2013 @ 1:13pm

Re:
"The point he is (erronously) trying to make, is that because the state legal structures of the two districts differ, it would be improper to consider the input from judge Wright, as it could very easily follow the logic of a different legal framework.

The reason his argument falls flat, is because the issues being raised are independant of any district differences between the two courts and focus on federal level infractions and concerns that are valid in ANY United States district."

It can certainly be used as evidence for the defense on Prenda's tactics. And is quite admissible as such if I recall...oh and Federal District Court JUSTICE Otis D. Wright II is a federal court judge and they since he has made a ruling...precedent stands with relevancy to the case at hand...in other words the defendant's filing against against Prenda in Georgia because the filing is known as a referral....It alerts other judges to the goings on of Prenda and how to handle the case accordingly within the law of another state's laws and is a referential basis or alert system when admitted or filed into court by a defendant......*takes a deep breath*...Nazaire is only shooting himself and Prenda in the head with his filing because of the ruling by FDC JUSTICE Wright and referral which was ordered at the FEDERAL LEVEL. Which is kind of ironic because he is trying to make it so that his case against Mr. Patel look as thought it were a merely copy and paste....if you don't get the irony I will spell it out to you..... Prenda's case filing against Rajeesh Patel was a copy and paste filing and matched the California filing by Prenda, word for word, in California.
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PRMan, 9 May 2013 @ 1:22pm

Doesn't know the difference...
Does this guy know the difference between federal and state? Cause he doesn't seem to.
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Baron von Robber, 9 May 2013 @ 1:24pm

Wow
A Prenda lawyer goes full retard. How cute.
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Wally (profile), 9 May 2013 @ 1:29pm

Re: Wow
I wouldn't bestow that honor among my kind even because even MRDD people like my brother have a value system...Prenda is a Paramecium brain.
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Stuart Gray, 9 May 2013 @ 1:34pm

Death Throws
Things sometimes thrash around quite a bit just before they die forever.
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Wally (profile), 9 May 2013 @ 1:37pm

Re: Death Throws
Yes, but it is very entertaining to see copyright trolls like Preneda slowly dying...and hey the slower they die the better as it makes their case just that much harder to defend.
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PlagueSD (profile), 9 May 2013 @ 1:40pm

Prenda Lawyer Says Judge Wright's Order Is Inapplicable In Georgia Because California Recognizes Gay Marriage.

Wait...Did Prenda Law just invoke the "Chewbacca Defense"?
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Mason Wheeler (profile), 9 May 2013 @ 1:42pm

Re:
In the interest of fairness, Prenda did not say something that ridiculous. They did not say "because Judge Wright's order came from a state where gay marriage is recognized, it can't be honored in Georgia, where it is not."

What they said was that "because Judge Wright's order came from a different state than here in Georgia, which happens to hold to some very legal precedents than Georgia does, (and here's a list of several important ones, such as gay marriage,) it should not be honored here."

That argument is a whole lot less ridiculous, and actually makes sense. It's wrong, as Mike pointed out, due to it being based on matters of federal, not state, law, but it's not crazy.

Really, these guys manage to screw things up enough on their own, frequently venturing into "truth is stranger than fiction" territory. We really don't need to invent fictitious screwups for them.
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Jeremy2020 (profile), 9 May 2013 @ 1:44pm

Re:
I'd create a service that does this, but I can't afford the lawyers to start a new business.
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Lord Binky, 9 May 2013 @ 1:52pm

'It turns out that Mr. Cooper was a caretaker of one of the properties of a Prenda Law member and had left said property in August, 2012.'

I'm confused, is thought Steele said he wasn't with Prenda Law?
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Lurker Keith, 9 May 2013 @ 2:44pm

Desperation move
You know Prenda's desperate if they're resorting to the Chewbacca Defense already.
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Trails (profile), 9 May 2013 @ 2:48pm

Re: Re:
Subtext though. Why did they pick gay marriage? The subtext is "those queer loving gun hating pinko commies are trying to tell us what to do, and if you let this in you're a Liberal, and I'm gonna tell Sean Hannity on you."
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Trails (profile), 9 May 2013 @ 2:50pm

Re: Re:
Actually, I'd say they do a pretty good job. So do the millions of dollars they accrued. Bullshitting isn't the art of fooling people, it's the art of creating just enough of a veneer that people can't be arsed to slam you.
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Trails (profile), 9 May 2013 @ 2:53pm

Re:
More like the GAYbacca defense, amirite?!?
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Anonymous Coward, 9 May 2013 @ 3:03pm

America deserves to die. If there really were any terrorists, I'd take my stand with them.
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Anonymous Coward, 9 May 2013 @ 3:14pm

Re:
I'll actually disagree with you. You need to be pretty intelligent to get away with a scam like they had for as LONG as they had. Their problem is in arrogance. They've gotten away with it so long, and spent so long manipulating the system, they can't 'just stop'. Their ego and likely their lifestyle won't allow it.

So, believing this a minor setback, they will seek to 'correct' the issue the same way they've been doing all this time. Its like all crooks. Get away with it too long, you get to feeling bulletproof.
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Mike Masnick (profile), 9 May 2013 @ 3:48pm

Re:
'It turns out that Mr. Cooper was a caretaker of one of the properties of a Prenda Law member and had left said property in August, 2012.'

I'm confused, is thought Steele said he wasn't with Prenda Law?

Er... that's actually a really good point. Did one of Prenda's lawyers just blow Steele's (very thin) "cover"?
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Anonymous Coward, 9 May 2013 @ 4:06pm

Relax a bit with the gays, you know full well what the GA mouthpiece is saying.

Weather it works is another thing regardless of the gay decision in CA.
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Trails (profile), 9 May 2013 @ 4:36pm

Re: Desperation move
More like the GAYbacc- ahhh, never mind.
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Ken Roberts, 9 May 2013 @ 4:45pm

Re:
No - Cooper was allegedly the owner of the copyrighted works that Prenda law was suing over. Need to go back and get the story again to see the full picture.
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That One Guy (profile), 9 May 2013 @ 5:00pm

Re: Re:
No, the point brought up is that statement seems to be saying that Cooper was the property caretaker for someone(Steele) who was a member of Prenda, which considering Steele seems to be doing everything he can to act like he had nothing to do with Prenda would seem to directly contradict what he's been claiming.
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Anonymous Coward, 9 May 2013 @ 5:05pm

"While the undersigned will admit that the aforesaid tactic was quite clever, it also saddens the undersigned to see a fellow attorney utilize such a tactic to gain an upper hand."

Cry me a river.
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Mike, 9 May 2013 @ 5:29pm

Nazaire hits it right on the head. Chintella should have never filed that affidavit. The affidavit is testimony for those of you who don't know.
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Anonymous, 9 May 2013 @ 5:50pm

So the whole Proposition 8 fight before the supreme court is just a figment of our imagination?
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John Fenderson (profile), 9 May 2013 @ 6:17pm

Wrong disorder
Not developmentally disabled. Sociopathic.
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Spaceman Spiff (profile), 9 May 2013 @ 6:28pm

Inquiring minds want to know...
Inquiring minds want to know, when will these dickheads be thrown into stir, prison, the black hole of assholery...?
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Tom Cruise, 9 May 2013 @ 6:42pm

Oh, you found my fudge packing uniform.
Sounds like someone needs to come out of the closet.
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Anonymous Coward, 9 May 2013 @ 6:48pm

Re:
actually it looks as if he did, there are how many of these other copyright cases prenda started. with each defendant submitting the order in their case for their court to consider, I expect each court to follow the example of Judge Wright and award moderate damages.

For team preda it will be more like a pirana attack than a shark attack, at least with a shark, you might only loose a limb than a life, besides, more people wrongly accused will receive some recompense.
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nasch (profile), 9 May 2013 @ 7:29pm

Re: Death Throws
Death Throws

That's "throes" in case you care.
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Anonymous Coward, 9 May 2013 @ 7:33pm

I was wondering when Steele's rabid, yet toothless attack dog would appear and attempt to gum Judge Wright to death. Again, he fails to disappoint.

The best and brightest of copyright enforcement, ladies and gentlemen.

John Steele just hates it when due process is enforced.
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Larry, 9 May 2013 @ 7:37pm

Blair Chintella has made himself a witness and now he will have to testify.
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Mike, 9 May 2013 @ 7:40pm

Nazaire is brilliant. He is able to remind the Court that California has a different standard for a meritorious case. Patel's entire argument is that AF Holdings initiated a frivolous claim. Whether a claim is meritorious or not is not judged by Federal Standards, instead they are judged by State law for all of you who did not know.
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Anonymous Coward, 9 May 2013 @ 7:42pm

California is one of the few states that don't have reciprocity for attorneys. Lawyers and judges from other states hate that.
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Susan, 9 May 2013 @ 7:44pm

WOW! Nazaire is rebellious. My hero.
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Pirate Monkey, 9 May 2013 @ 7:46pm

I doubt if any Georgia Lawyers will be sending emails to Chintella anytime soon. Chintella is downright.........
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Pirate Monkey, 9 May 2013 @ 7:48pm

I doubt if any Georgia Lawyers will be sending emails to Chintella anytime soon. Chintella is downright.........
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apauld (profile), 9 May 2013 @ 7:48pm

Re:
You need to go to the hospital immediately, the brain tumor is clearly to large to ignore anymore.
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Anonymous Coward, 9 May 2013 @ 8:07pm

Re: Re:
John Steele just hates it when due process is enforced; he's got his attack dog everywhere.

average_joe would be proud.
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That One Guy (profile), 9 May 2013 @ 8:23pm

Attack of the clones...
So many 'different' commenters, so many identical snowflakes... Nazaire, shouldn't you be working on climbing out of the pit of despair your actions have thrown you into, rather than trying (and failing) to make your actions look less insane via posting support from 'multiple' people?
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Anonymous Coward, 9 May 2013 @ 8:32pm

Re: Attack of the clones...
Someone's done something similar at FCT's thread on Nazaire's previous insane ranting. Ken White and SJD are inclined to believe that it's not Nazaire, but at this point it's easy enough to imagine that Nazaire's exactly the type of person to "samefag".
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Mark, 9 May 2013 @ 8:48pm

This author has it wrong. Wright only asked for the jurisdictions in which Gibbbs, Steele and Duffy were admitted.
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That One Guy (profile), 9 May 2013 @ 9:01pm

Re: Re: Attack of the clones...
After reading even the excerpts from that insane pile of words he put together and tried to pass off as a legal paper, I really wouldn't put it past him at this point honestly.
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Baron von Robber, 9 May 2013 @ 9:12pm

Re: Re: Wow
I stand corrected. Even zygotes > Prenda lawyers.
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Baron von Robber, 9 May 2013 @ 9:20pm

Re:
Did you speak with Salt Marsh by any chance?Neat!
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Wally (profile), 9 May 2013 @ 9:37pm

Re: Wrong disorder
Sociopaths also have a better value system then Prenda...you see they try to screw you with bogus shake downs over videos they supposedly own which contents including but not limited to screwing each other.
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Wally (profile), 9 May 2013 @ 9:40pm

Re:
Considering that it's a carbon copy mass copyright lawsuit stemming from those three men...I'd say Mike is correct about it.
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Wally (profile), 9 May 2013 @ 9:46pm

Re: Re: Death Throws
Maybe Prenda is throwing themselves off of a really really really high cliff with no parachute...way to be rude nasch...
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Wally (profile), 9 May 2013 @ 9:56pm

Re: I've just worked out where they're going with this...
Oh man they'd have to be desperate for that. Truth be told, an insanity plea gets you locked up in the psych ward until they can evaluate you to see if you are fit to make statement with your advised counsel. If proven not mentally competent enough to take the stand, you basically have to let your defense lawyer do the work. Insanity pleas only make it easier in the sense that you can get a fair trial without fucking it up for yourself for sudden outbursts thus preventing contempt of court. It is not however a get out if jail free card.
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apauld (profile), 9 May 2013 @ 10:33pm

Re:
You are either just a great troll... or Jesus *fn* Christ; you are an idiot.
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G Thompson (profile), 9 May 2013 @ 10:50pm

Re: Re: Wrong disorder
I'd be more inclined to say Prenda et.al are bordering on the edges of Solipsism.
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Anonymous Coward, 9 May 2013 @ 10:50pm

Re:
If you believe the quote is wrong you can always check it for yourself (hint: it's at the top of the last page) https://www.documentcloud.org/documents/696597-gov-uscourts-cacd-543744-130-0.html
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G Thompson (profile), 9 May 2013 @ 10:57pm

Re:
It's not whether it is meritorious or not. A federal judge has ordered that all other courts and matters that the attorneys who have been found lacking in candour, ethics, and other violations of their duty to the Court (be that court Federal or otherwise - it is irrelevant) are involved with be INFORMED of the above findings and should therefore take these into consideration when applying Rules and other Bench procedures to them for any matters that would sometimes be let slid.

Also it is necessary for other Courts to know that there are Bar proceedings against same Attorneys since it is highly likely based on previous history that the Attorneys at question would not have the candour to explain same to the courts as they are meant to do.
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Mike Masnick (profile), 9 May 2013 @ 10:59pm

Re: Attack of the clones...
So many 'different' commenters, so many identical snowflakes... Nazaire, shouldn't you be working on climbing out of the pit of despair your actions have thrown you into, rather than trying (and failing) to make your actions look less insane via posting support from 'multiple' people?

I love it when people don't realize how the snowflakes work and pretend to be different people.

Also, take a guess what state those comments come from? You only get one guess, and if you're wrong, you really need to check your logic sensors.
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G Thompson (profile), 9 May 2013 @ 11:10pm

Re:
He also asked for contact details of ALL judges in ALL cases that these attorneys have ANY interest in... It's the second part of the sentence your comment is about..

I'd suggest that you obtain this 'new' skill we like to call Reading Comprehension!
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apauld (profile), 9 May 2013 @ 11:43pm

Re: Re: Attack of the clones...
Awesome. I'm guessing that Nazaire not only advertizes for clients on Craigslist, but also bought his law degree from a Craigslist ad.
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Anonymous Coward, 9 May 2013 @ 11:53pm

Re: Re: Attack of the clones...
Uh oh. Cue the comments about Mike invading privacy by checking IP logs. Some ACs have such meltdowns over that.

Anyway, Florida? ;)
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[citation needed or GTFO], 10 May 2013 @ 12:08am

Re: Re: Re: Attack of the clones...
No, no! Florida's too logical!

I say Endor!
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apauld (profile), 10 May 2013 @ 12:32am

An open letter to Jacques Nazaire---
Mr. Nazaire,
I sincerely hope that your novel �The Crown: A Tale of Blood, Women and Wine� is climbing the New York Times best seller list. Even though it seems that your novel is probably an awful piece of fiction, based on the fact that all reviews of it online were written by you; I really do hope that your self-published (iUniverse) book is a hit, because you are about to become an ex-lawyer. Pro-tip: search google news for the name �Brett Gibbs.� Hopefully your book sales have been large enough that you can flee this country for a safe haven like North Korea. Otherwise you may find yourself wearing orange coveralls, like your new Prenda friends.
apauld.
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Anonymous Howard (profile), 10 May 2013 @ 4:27am

Re: Re:
My exact thoughts on this matter.

Mike, no need to be sensationalist, I think TD should achieve more with more factual and informative titles than hype.
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Anonymous Coward, 10 May 2013 @ 4:36am

it's not quite as ridiculous as it seems, since what Prenda are saying basically boils down to a ruling in a California case not being binding on a court in Georgia. That is objectively true, Wrights' ruling doesn't create precedent that the Georgia ruling is required to follow. (that requires the Supreme Court) BUT courts can apply a precedent voluntarily as long as it is from a common law country. ( basically, what it amounts to is judges can choose to follow any case they like (it's extremely rare, but UK cases can actually be referenced in US decisions, and vice-versa provided there is no biding precedent. Its' called persuasive authority, as opposed to binding precedent)

as for the gay marriage comments, I'm guessing that Prenda is hoping to establish in the mind of the judge that California is different enough for the precedent not to apply.
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Interesting, 10 May 2013 @ 6:22am

Basically what I get from this is "because California applies different standards with respect to gay marriage, etc., then Georgia should look past all the alleged misdealings indicated in Judge Wright's order."

Interesting. And when I say "interesting" I mean in a "I never thought I'd live long enough to see bullshit piled that high in my entire life" kind of way.
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nasch (profile), 10 May 2013 @ 6:34am

Re: Re: Re: Death Throws
Maybe Prenda is throwing themselves off of a really really really high cliff with no parachute...way to be rude nasch...

lol!
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nasch (profile), 10 May 2013 @ 6:35am

Re: Re: I've just worked out where they're going with this...
Oh man they'd have to be desperate for that. Truth be told, an insanity plea gets you locked up in the psych ward

There is a chance that was just a joke...
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That Anonymous Coward (profile), 10 May 2013 @ 8:55am

Re: Re: Attack of the clones...
I wouldn't take that bet Mike, as the posts on FCT were traced back to a DoD network. It was smart enough there to try and hide its tracks or dumb enough to forget it was using a DoD owned network to post.

Now I can't say for sure that someone who throws his military experience around to try and get people to treat him differently would do something like that... but it is possible.
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That Anonymous Coward (profile), 10 May 2013 @ 9:58am

Re: Re:
The problem is they weren't getting away with it unnoticed.
The problem is people assumed lawyers would not do the things they were doing, and that allowed them to ignore the growing pile of bad acts.
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Sam, 10 May 2013 @ 10:04am

Where?
Where did this guy get his license to practice law, the back of a cracker-jack box?
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Mike Masnick (profile), 10 May 2013 @ 10:44am

Re:
it's not quite as ridiculous as it seems, since what Prenda are saying basically boils down to a ruling in a California case not being binding on a court in Georgia.

That's got nothing to do with anything. There's nothing about it being "binding." It's about the *finding of fact* being entered into the record.

No one is binding the GA court to do anything. Even suggesting that is ridiculous.

That is objectively true, Wrights' ruling doesn't create precedent that the Georgia ruling is required to follow.

Nor has anyone suggested otherwise.

as for the gay marriage comments, I'm guessing that Prenda is hoping to establish in the mind of the judge that California is different enough for the precedent not to apply.

This isn't about precedent. It's about the finding of fact.
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Mike Masnick (profile), 10 May 2013 @ 10:46am

Re: Re:
What they said was that "because Judge Wright's order came from a different state than here in Georgia, which happens to hold to some very legal precedents than Georgia does, (and here's a list of several important ones, such as gay marriage,) it should not be honored here."

That would only matter if they were saying that there's a precedent here or that Wright's ruling was binding on the GA court, but no one said that.

They're just putting this into the record as a finding of fact.

So, yes, it is ridiculous. Very, very ridiculous. And crazy.
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Mike Masnick (profile), 10 May 2013 @ 10:46am

Re: Re: Re:
Mike, no need to be sensationalist, I think TD should achieve more with more factual and informative titles than hype.

It was factual. It was not hype. We stand by the title.
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Anonymous Coward, 10 May 2013 @ 12:19pm

Re: Re:
besides, more people wrongly accused will receive some recompense.

if you replace receive with awarded you will probably be more accurate. An award =/= received, especially when shell companies are involved.
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sehlat (profile), 10 May 2013 @ 2:47pm

Steele translated into geek
California runs on Macs, Georgia runs on Windows. So you can't run California applications in Georgia.
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Anonymous Coward, 10 May 2013 @ 3:42pm

Someone ought to confirm the details of Nazaire's resume
Someone ought to confirm the details of Nazaire's resume. Some on-line sources (important: could be true, could be someone with the same name, could be a fake entry) appear to claims he is an NYU law graduate who has been awarded a Bronze Star.

Any of the obvious possible outcomes -- truth, lies, forgery -- are interesting.
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That Anonymous Coward (profile), 10 May 2013 @ 7:53pm

Re:
no can't possibly be true!

Because he was in the military and... and... gay marriage!!

oh and OHAI!
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That Anonymous Coward (profile), 10 May 2013 @ 7:57pm

Re: Prenda: The new SCO
No. Just no.
They can have the slow death once someone gets the list of names out of their hands.
Even as these rulings were coming they were still "negotiating settlements" with targets.
They need to be made unable to inflict themselves on others expediently.
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Tom Anderson, 11 May 2013 @ 1:34am

Jail time please
Please, give these guys jail time. Punishment for a crime shouldn't be a slap on the wrist. They have extorted millions of dollars from people they have accused of pornography related charges, and instead of accepting the $80K punishment, continue to pursue vapid trains of logic. Nothing will stop these guys from continuing to harangue people who never get a fair trial because they keep dropping the cases if it seems like it might be heard out in court.
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Tom Anderson, 11 May 2013 @ 1:43am

Jail time please
Please, give these guys jail time. Punishment for a crime shouldn't be a slap on the wrist. They have extorted millions of dollars from people they have accused of pornography related charges, and instead of accepting the $80K punishment, continue to pursue vapid trains of logic. Nothing will stop these guys from continuing to harangue people who never get a fair trial because they keep dropping the cases if it seems like it might be heard out in court.
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Gwiz (profile), 11 May 2013 @ 6:55am

Re: Re: Re: Re: Death Throws
nasch -- keeping Techdirt down to earth and grammatically correct since 2009....

PS: Kudos on hitting the 5k comment mark, dude.
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nasch (profile), 11 May 2013 @ 9:27am

Re: Re: Re: Re: Re: Death Throws
nasch -- keeping Techdirt down to earth and grammatically correct since 2009....

That's me!

PS: Kudos on hitting the 5k comment mark, dude.

Thanks, I hadn't even noticed. :-)
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Anonymous, 11 May 2013 @ 6:06pm

Re: Re: Re: Re: Re: Death Throws
A "grammatically correct" dude who doesn't even capitalize his own nick?
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nasch (profile), 12 May 2013 @ 6:45am

Re: Re: Re: Re: Re: Re: Death Throws
A "grammatically correct" dude who doesn't even capitalize his own nick?

I'm also rebellious, or inconsistent, or something.
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Anonymous Howard (profile), 12 May 2013 @ 11:48pm

Re: Re: Re:
We agree on the "ridiculous" part, but the title suggest a causal relationship, while the text tells he used them as an example of different views of the two states.
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