I wouldn't doubt at all that the Judge has made a mental note of that comment for the next time that Mr.Voelker has an appeal in front of her.
Much like the clients he was defending, I would be of the opinion that Voelker when questioned by the court on the issues at hand and Team Prenda finding's in other courts didn't have much of a defense that resonated well with the Judges, nor do I think he liked the limb Team Prenda had him perched on.
I agree with what you said. I doubt that Hansmeier, Steele or Duffy would wan't to try an argue for an appeal themselves for fear that they would get questioned on the facts surrounding their case.
Duffy would have them in jail if past performances are any indication IMHO, and Steele and Hansmeier would just wow the appeals court with their awesome "Lawyer Speak".
That was a good catch SJD. I had a moment of deja-vu there with Mary Shultz brilliant comment at the end of her hearing.
I doubt that Voelker would have wanted to answer it after the Judge pointed it out to him. I am suprised though that Voelker would insult the court with that remark during an appeals hearing.
So basically after listening to the hearing what I have gleaned is we are hearing is Voelker more or less reciting what we have heard Team Prenda plead in other courts when they have been on the end of an OSC or when a sanctions judgement has been entered against them.
So they basically just have re-hashed pretty much every argument we have read in past decisions that have come against Team Prenda.
The transcript from the last hearing were Team Prenda basically said "we didn't do this" "we shouldn't be held accountable" "we didnt do anything wrong" So what is really new here..nothing....zip...nada
This is basically another hail mary to get out from under the weight of the courts sanction finding and the monetary penalties from the Judge in the Smith/Lightspeed case.
Once again the DOJ & the U.S Government have shown a wanton disregard for due process of law. Kim Dotcom and Megaupload should be allowed to keep the servers up.
As it could have evidence that proves their innocence. The U.S. Government and the DOJ could release some of Megaupload's seize bank account fund and give some of that cash to preserve the servers to Carpathia till the end of the trial.
There would be no cost to the government or to the DOJ, it would be coming from Megaupload's cash. I doubt even Megaupload would have an issue with this nor would the EFF.
The mere fact that the government want's to stack the deck in their favor, and deny Megaupload and Dotcom the preservation of the servers makes one wonder what the government is afraid of.
Once again this just proves what we have all been seeing is that there is no right to a fair trial and access to the evidence as far as the government is concerned.
Another sign of just how far the U.S. government has strayed into the abyss.
While I would hope your right and this is stashed somewhere, I doubt it ever will be officially found by the Government. It would take a whistle blower to bring it forward IMHO
he fact that the DOJ knew full well of the fact that the EFF was going to file a request to preserve the evidence, and the DOJ went out of it's way to convince or suggest that the request to preserve didn't need to be made by the EFF ought to signal to the court that there was evidence vital to the EFF's case.
The DOJ knowing full well that they destroyed the data that the EFF got an order to preserve, is a crime in itself. The DOJ will know pull a Team Prenda and tell the court they were confused or couldn't interpret the court's order and they are sorry.
It is amazing how much the Government will break their own laws and the DOJ and it's lawyers will lie at will to cover their Government and the DOJ's abuse of the power in regards to their own citizens.
It is no wonder that the American people have no faith in their government and their Justice system when they are brought before them as the government seems to stack the deck in their favor at all times.
When questions are raised by those where the government has committed mis-deeds and they know they are in trouble they just destroy the evidence in question and give the defense counsel and the court the "aw shucks, we're sorry" routine.
It is amazing how far the government will go to manufacture evidence to serve their own interests in crimes against their own citizens.
I would hope this Judge would demand that these lawyers for the DOJ be charged with contempt and a criminal prosecution, but we all know they will get the Prenda Treatment and the Judge will give their illegal actions a finger wagging and they will be sent on their way to sin no more.
It is now wonder that everyday more and more people see how out of control the government is and why their faith in equal justice is no longer their and mis-trust of the government is on the rise
And therein lies the issue, in that you have a for profit entity (FACT) giving the police the so called evidence to go after the alleged infringer.
The problem here is thereis no way of knowing whether there evidence is good to begin with or how it was obtained and the police seem to be willing to accept it carte blanche on it's face and act upon it.
The part that FACT is allowed to come into your home, collect supposed evidence and then do the talking while you are being detained makes them a arm of government, even though they have no standing and should be letting the police handle this themselves.
The mere fact that the Britsh government seems to think that a private entity should get to run around the U.K. playing cop seems unfathomable.
I sincerely hope anyone charged takes this to court and airs it out for a Judge to hear. I think they will have a trouble with the fact that a private U.S. entity is supplying evidence, playing police officers, interrogating people and then bring this into a court room.
Why do I have a sense of Deja-vu here. This bring's back memories of the late 80's when they wan't ban porn and criminalize those that made it.
And once again if we yield under pressure from a segment of society, which claims moral superiority over others will have added repercussions in the future. It also infringes on personal privacy and one's own choices and can only be described as a form of censorship.
The bad thing is that if TIPP/TPP get's pushed thru by the politicians in some back room deal, their won't be any Back to The Future moment after this.
The corporations and various goverments will fight tooth and nail to thwart any changes to the agreement, so there will be no going backwards in time to change the events of the future and no Marty McFly to save the day.
It used to be that the Artist/Band and the Producers/Actors needed the record and movie's big conglomerate to put out their albums/movies because they ran a monopoly to manufacture, distribute, market, stock, and sell the older forms of media.
The Artists/Bands Producers/Actors have other options to get their media to the masses now. The music/movie industry fears losing their grip on huge profits and control.
I don;t think this is really a surprise considering the basis for her contempt motion and what was described in it as a violation to put Google in contempt according to her and her counsel.
With that being said I see Google taking this as far they need to to get this ruling reversed. The ruling in itself had seem to go beyond the realm of what one would term as justified.
I see this being struck down due to the Judge's over reach in deciding her case in the first place with so many fundamental errors in law and how it was achieved
This is the effect you get when Lobbyists for companies hijack a committee and throw gobs of money to get their agenda and list of wants in something that is suppose to benefit various nations governments and it's citizens.
The leaked drafts read like an extended Christmas wish-list for big business. This would set a global standard of companies imposing their will on various governments through an opaque system of tribunals.
The companies and lobbyists behind the push are all doing this to protect their way of doing business, but we all know it is really they will do anything to protect anything they view that threaten their profits.
Ask most folks if the know anything about this negotiation or what it is about. Folks will just look at you blankly, practically no one has heard of the TIPP/TPP!
The talks are so secretive that not even our elected lawmakers know what’s in it just the negotiators and corporate lobbyists who have been pushing this crap agreement.
The leaks that have come out now have politicians and citizens from other countries coming out and voicing their opposition, and know we are seeing some countries and their people starting to push back on the U.S. Trade reps pushing this deal.
The US that is hell-bent on getting a deal agreed before there is too much public scrutiny. The TTIP/TPP will effects everyone from companies big and small to the citizen's of the various countries whose government are trying to have this for fed to them.
The agreement will infringe on our rights and undermines our various nation's government democracies just to protect the corporate bottom line.
It used to be that the Artist/Band and the Producers/Actors needed the record and movie's big congolmorate to put out their albums/movies because they ran a monopoly to manufacture, distribute, market, stock, and sell the older forms of media.
With the internet and technology the Artists/Bands produscers/Actors can crowdfund to get a movie or albume made or even do it themselves and put their music and films online and cut the Labels and Studio conglomorate out of the mix and the profits which you see more artists doing nowadays.
The Artists/Bands Producers/Actors have other options to get their media to the masses now. The music/movie industry fears losing their grip on huge profits and control.
They have always failed to change and adapt and have always "screamed the sky is falling" as new media formats have evolved...but they stopped screaming as long at they got a cut.
Now you don't need the industry monopoly to get your favorite band or movie from this or that outlet and Artist/Bands Producers/Actors aren't hamstrung to the big colomorate if they choose not to be.
All that one needs is a PC and an internet connection With online music/movies gaining popularityalong with streaming media, the recording/movie industry needs to rethink their strategy of how they movie with an ever changing society and technology
The Prenda gang once again trying to weasel their way out of paying an order of the court. It's amazing to listen to these clowns whine and plead poverty.
I wonder how Steele will fair in his poverty plea with the court when he is doing a pool, spa and deck to his Miami home... must be tough scraping by and still be able to do reno's ( A great find by SJD )
Have a look at Steele's Notice Of Commencement permit of his renovations that were filed with Miami's Dade county: and note the date of the permit was filed on: Jan 30 2014
The thing about the Prenda gang is that when they write motions or submit briefs to the court that are chock full of BS (to put it lightly) that they seem to believe everything they put in is fact.
Steele, Hansmeier and Duffy have for so long inserted fiction into their case filings that I don't think they can separate fiction and reality any further.
They all used to know where the line was on right and wrong within their profession, the problem is that the endless pursuit of cash whether made illegally or not has blurred the line for them.
There is no way any of the Prenda gang can say this is a one of occasion with regards to the pron suits. The Prenda gang has done this with the class action objection scheme, and the latest in the ADA scheme.
So the fact that they are all about going after settlement cash because their is very little risk and big reward means they won't stop, until they are rattling the bars in their cell.
Wait till we see some Federal Judge or Politician have to go thru the border and some Border Agent has no idea who they are and they pull this shenanigan on them, then Holy Hell will break out over what a travesty this unjustified and demoralizing search is.
Only then will the shit hit the fan so to speak, if your just not important they dont care, they say this is about terrorism... That's B.S. your average terrorist is going to sneak over the border, they have Visa's and other phony documents to walk in with.
And they sure aren't going to have a laptop with how to blow up white house folder on it nor are they going to have Osama and Jihad Central in their contacts lists.
This is all about snatching anyone and everyones information and feeding it back to the mother data base for future reference or to further criminal cases against you.
They want to hoover up every piece of information on everyone they can and it has shit to do with terrorism... This is all politics.
On the post: Appeals Court Not At All Impressed By Prenda's Appeal
Re: Re:
Much like the clients he was defending, I would be of the opinion that Voelker when questioned by the court on the issues at hand and Team Prenda finding's in other courts didn't have much of a defense that resonated well with the Judges, nor do I think he liked the limb Team Prenda had him perched on.
On the post: Chamber Of Commerce, Main Lobbyists Behind SOPA, Suddenly Wooing Silicon Valley
Sigh...Another day, another set of Government officials that are willing to screw over the masses to pad their own pockets.
On the post: Appeals Court Not At All Impressed By Prenda's Appeal
Re: At least they did one thing right
Duffy would have them in jail if past performances are any indication IMHO, and Steele and Hansmeier would just wow the appeals court with their awesome "Lawyer Speak".
On the post: Appeals Court Not At All Impressed By Prenda's Appeal
Re:
I doubt that Voelker would have wanted to answer it after the Judge pointed it out to him. I am suprised though that Voelker would insult the court with that remark during an appeals hearing.
On the post: Appeals Court Not At All Impressed By Prenda's Appeal
So they basically just have re-hashed pretty much every argument we have read in past decisions that have come against Team Prenda.
The transcript from the last hearing were Team Prenda basically said "we didn't do this" "we shouldn't be held accountable" "we didnt do anything wrong" So what is really new here..nothing....zip...nada
This is basically another hail mary to get out from under the weight of the courts sanction finding and the monetary penalties from the Judge in the Smith/Lightspeed case.
On the post: DOJ Continues To Obstruct Efforts For Megaupload Users To Get Their Files Back
As it could have evidence that proves their innocence. The U.S. Government and the DOJ could release some of Megaupload's seize bank account fund and give some of that cash to preserve the servers to Carpathia till the end of the trial.
There would be no cost to the government or to the DOJ, it would be coming from Megaupload's cash. I doubt even Megaupload would have an issue with this nor would the EFF.
The mere fact that the government want's to stack the deck in their favor, and deny Megaupload and Dotcom the preservation of the servers makes one wonder what the government is afraid of.
Once again this just proves what we have all been seeing is that there is no right to a fair trial and access to the evidence as far as the government is concerned.
Another sign of just how far the U.S. government has strayed into the abyss.
On the post: DOJ Apologizes For Misleading FISC Concerning Evidence; Hints Strongly That It Used Opportunity To Destroy Evidence
Re: Re:
On the post: DOJ Apologizes For Misleading FISC Concerning Evidence; Hints Strongly That It Used Opportunity To Destroy Evidence
The DOJ knowing full well that they destroyed the data that the EFF got an order to preserve, is a crime in itself. The DOJ will know pull a Team Prenda and tell the court they were confused or couldn't interpret the court's order and they are sorry.
It is amazing how much the Government will break their own laws and the DOJ and it's lawyers will lie at will to cover their Government and the DOJ's abuse of the power in regards to their own citizens.
It is no wonder that the American people have no faith in their government and their Justice system when they are brought before them as the government seems to stack the deck in their favor at all times.
When questions are raised by those where the government has committed mis-deeds and they know they are in trouble they just destroy the evidence in question and give the defense counsel and the court the "aw shucks, we're sorry" routine.
It is amazing how far the government will go to manufacture evidence to serve their own interests in crimes against their own citizens.
I would hope this Judge would demand that these lawyers for the DOJ be charged with contempt and a criminal prosecution, but we all know they will get the Prenda Treatment and the Judge will give their illegal actions a finger wagging and they will be sent on their way to sin no more.
It is now wonder that everyday more and more people see how out of control the government is and why their faith in equal justice is no longer their and mis-trust of the government is on the rise
On the post: City Of London Police Create Secret 'Pirate Site Blacklist' For Advertisers, With No Transparency
Re:
The problem here is thereis no way of knowing whether there evidence is good to begin with or how it was obtained and the police seem to be willing to accept it carte blanche on it's face and act upon it.
The part that FACT is allowed to come into your home, collect supposed evidence and then do the talking while you are being detained makes them a arm of government, even though they have no standing and should be letting the police handle this themselves.
The mere fact that the Britsh government seems to think that a private entity should get to run around the U.K. playing cop seems unfathomable.
I sincerely hope anyone charged takes this to court and airs it out for a Judge to hear. I think they will have a trouble with the fact that a private U.S. entity is supplying evidence, playing police officers, interrogating people and then bring this into a court room.
I find that very troubling
On the post: Federal Revenge Porn Bill Will Look To Criminalize Websites
And once again if we yield under pressure from a segment of society, which claims moral superiority over others will have added repercussions in the future. It also infringes on personal privacy and one's own choices and can only be described as a form of censorship.
This almost feels like a version of SOPA light.
On the post: EU Commission's Consultation On Corporate Sovereignty Ignores Key Issue, But Shows That Real Transparency Is Possible
The corporations and various goverments will fight tooth and nail to thwart any changes to the agreement, so there will be no going backwards in time to change the events of the future and no Marty McFly to save the day.
On the post: Hollywood Hires New Person To Make Same Old Mistakes In Fighting Against The Future
The Artists/Bands Producers/Actors have other options to get their media to the masses now. The music/movie industry fears losing their grip on huge profits and control.
On the post: Hundreds Of Thousands Take To The Streets Of Taiwan To Protest Against Trade Agreement's Lack of Scrutiny
Re:
On the post: Court Quickly Rejects Contempt Motion Against Google By Innocence Of Muslims' Actress
With that being said I see Google taking this as far they need to to get this ruling reversed. The ruling in itself had seem to go beyond the realm of what one would term as justified.
I see this being struck down due to the Judge's over reach in deciding her case in the first place with so many fundamental errors in law and how it was achieved
On the post: Hundreds Of Thousands Take To The Streets Of Taiwan To Protest Against Trade Agreement's Lack of Scrutiny
The leaked drafts read like an extended Christmas wish-list for big business. This would set a global standard of companies imposing their will on various governments through an opaque system of tribunals.
The companies and lobbyists behind the push are all doing this to protect their way of doing business, but we all know it is really they will do anything to protect anything they view that threaten their profits.
Ask most folks if the know anything about this negotiation or what it is about. Folks will just look at you blankly, practically no one has heard of the TIPP/TPP!
The talks are so secretive that not even our elected lawmakers know what’s in it just the negotiators and corporate lobbyists who have been pushing this crap agreement.
The leaks that have come out now have politicians and citizens from other countries coming out and voicing their opposition, and know we are seeing some countries and their people starting to push back on the U.S. Trade reps pushing this deal.
The US that is hell-bent on getting a deal agreed before there is too much public scrutiny. The TTIP/TPP will effects everyone from companies big and small to the citizen's of the various countries whose government are trying to have this for fed to them.
The agreement will infringe on our rights and undermines our various nation's government democracies just to protect the corporate bottom line.
On the post: Russia Admits Its Strict Anti-Piracy Laws Aren't Working... So They'll Just Try Some More
With the internet and technology the Artists/Bands produscers/Actors can crowdfund to get a movie or albume made or even do it themselves and put their music and films online and cut the Labels and Studio conglomorate out of the mix and the profits which you see more artists doing nowadays.
The Artists/Bands Producers/Actors have other options to get their media to the masses now. The music/movie industry fears losing their grip on huge profits and control.
They have always failed to change and adapt and have always "screamed the sky is falling" as new media formats have evolved...but they stopped screaming as long at they got a cut.
Now you don't need the industry monopoly to get your favorite band or movie from this or that outlet and Artist/Bands Producers/Actors aren't hamstrung to the big colomorate if they choose not to be.
All that one needs is a PC and an internet connection With online music/movies gaining popularityalong with streaming media, the recording/movie industry needs to rethink their strategy of how they movie with an ever changing society and technology
On the post: Team Prenda Slammed Again, Found In Contempt; Judge Blasts Their Attempts To Plead Poverty
I wonder how Steele will fair in his poverty plea with the court when he is doing a pool, spa and deck to his Miami home... must be tough scraping by and still be able to do reno's ( A great find by SJD )
Have a look at Steele's Notice Of Commencement permit of his renovations that were filed with Miami's Dade county: and note the date of the permit was filed on: Jan 30 2014
http://fightcopyrighttrolls.files.wordpress.com/2014/03/steele-gets-a-new-pool-2014_redacted1.pd f
Gee, John how are you going to explain these reno's when you are going to plead how you can't afford to pay this courts order....good luck with that.
The Judge is smart not to believe these guys there seems to be more fiction in their filings with the court than you'd find in a Sci-fi novel.
On the post: UK Lawmakers Seeking Harsher Sentences For The Crime Of Being A Jerk Online
On the post: Judge Slams Prenda And Paul Duffy; Calls Them Out For Lying And 'Duplicitous Behavior'
Steele, Hansmeier and Duffy have for so long inserted fiction into their case filings that I don't think they can separate fiction and reality any further.
They all used to know where the line was on right and wrong within their profession, the problem is that the endless pursuit of cash whether made illegally or not has blurred the line for them.
There is no way any of the Prenda gang can say this is a one of occasion with regards to the pron suits. The Prenda gang has done this with the class action objection scheme, and the latest in the ADA scheme.
So the fact that they are all about going after settlement cash because their is very little risk and big reward means they won't stop, until they are rattling the bars in their cell.
On the post: Court Says Border Searches Of Your Computer Are Okay Because You Shouldn't Keep Important Info On Your Computer
Only then will the shit hit the fan so to speak, if your just not important they dont care, they say this is about terrorism... That's B.S. your average terrorist is going to sneak over the border, they have Visa's and other phony documents to walk in with.
And they sure aren't going to have a laptop with how to blow up white house folder on it nor are they going to have Osama and Jihad Central in their contacts lists.
This is all about snatching anyone and everyones information and feeding it back to the mother data base for future reference or to further criminal cases against you.
They want to hoover up every piece of information on everyone they can and it has shit to do with terrorism... This is all politics.
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