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(EFF)   Scanners suggest large amounts of Win in Judge Wright's Prenda Sanction Order   (eff.org) divider line 71
    More: Hero, Prenda Sanction Order, port scanner  
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4720 clicks; posted to Business » on 07 May 2013 at 12:13 AM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-05-06 08:41:45 PM  
Highlight for some from order


"Without better technology, prosecuting illegal BitTorrent activity requires substantial effort in order to make a case. It is simply not economically viable to properly prosecute the illegal download of a single copyrighted video "
 
2013-05-06 09:09:37 PM  
Footnote #5 on page 10 is perfect in every way.
 
2013-05-06 09:10:18 PM  
That is a nuke.
 
2013-05-06 09:11:42 PM  

kronicfeld: Footnote #5 on page 10 is perfect in every way.


It brings a tear to my eye.
 
2013-05-06 10:45:18 PM  
The trolls sue for a sum calculated to be just below the cost of a bare-bones defense.

A judge with a sense of humor setting the trolls damages just below the amount it would cost for them to mount an effective appeal.

weknowmemes.com
 
2013-05-06 10:51:47 PM  
From the Ars Technica Coverage:

The harshest penalties are saved for last. First, Judge Wright suggests the Prenda lawyers should be disbarred, writing "there is little doubt that Steele, Hansmeier, Duffy, [and] Gibbs suffer from a form of moral turpitude unbecoming an officer of the court." In many states, including California, crimes reaching the standard of "moral turpitude" lead to automatic disbarment. Wright will be referring the four lawyers to every state bar in which they are admitted to practice.

I sincerely hope every one of them is disbarred, and that other judges that see these types of cases come up on their radar start scrutinizing them as thoroughly as Judge Wright has.
 
2013-05-07 12:13:39 AM  
Live long and prosper, Judge Wright.
 
2013-05-07 12:19:33 AM  
The full Ars wrap-up on this is worth a read (linky pops)
 
2013-05-07 12:26:07 AM  

TuteTibiImperes: The full Ars wrap-up on this is worth a read (linky pops)


Reminds me of the Dover Area School judgement
 
2013-05-07 12:31:47 AM  

vygramul: kronicfeld: Footnote #5 on page 10 is perfect in every way.

It brings a tear to my eye.


It's a perfect piece of poetic justice. Love it.
 
2013-05-07 12:46:40 AM  
Good to see some humor used in the legal arena instead of a bland document.  While it is not necessarily the most professional thing to do, it is a sight to see when done well in a legal document.
 
2013-05-07 12:52:09 AM  

sethstorm: Good to see some humor used in the legal arena instead of a bland document.  While it is not necessarily the most professional thing to do, it is a sight to see when done well in a legal document.


I see it as the judge doing his part to make sure this ruling goes viral and that as many people (whether they be defendants in similar cases from other firms, defense attorneys, or even other judges) see this and become wise to this sort of scam.
 
2013-05-07 12:57:27 AM  
Popehat had one of the best comments about this order,"Referring to the U.S. Attorney's Office and the IRS's CID is like siccing both the Klingonsand the Romulans on Prenda, except that the Romulans have a somewhat better grasp of due process than IRS CID."
 
2013-05-07 01:01:24 AM  

norahc: Popehat had one of the best comments about this order,"Referring to the U.S. Attorney's Office and the IRS's CID is like siccing both the Klingonsand the Romulans on Prenda, except that the Romulans have a somewhat better grasp of due process than IRS CID."


Full write up from Popehat can be found here.  They've done a great job covering the entire Prenda case and make all the legal jargon understandable for the non-lawyerly types.
 
2013-05-07 01:48:24 AM  
Brutal. "You're assholes. I'mma give the defendant's attorneys double fees, forward all y'all to your respective state & federal bars, tell the D.A. to go after you, and let the IRS know that you exist. Good luck, guard your cornholes. I'm out."
 
2013-05-07 02:10:57 AM  

FormlessOne: Brutal. "You're assholes. I'mma give the defendant's attorneys double fees, forward all y'all to your respective state & federal bars, tell the D.A. to go after you, and let the IRS know that you exist. Good luck, guard your cornholes. I'm out."


my god I loved reading this legal doc
WTF

a judge with a sense of humor and right from wrong?
we might survive as a society.

NOW
to get Dexter to visit every lawyer involved with this
for a nice bloody visit
 
2013-05-07 02:15:36 AM  
Hmm... get a merchant account of some sort, mass email an empty threat, offer amnesty for $1429 in lieu of a detailed lawsuit, and make sure the money gets buried in a hurry. It's like an old "We know what you did." letter sent out to businessmen back in the day. Blackmail without the evidence, apply the laws of large numbers and watch the checks flow in.
 
2013-05-07 02:17:19 AM  
IT IS SO ORDERED.
 
2013-05-07 02:43:57 AM  
Vid-capture of Judge Wright leaving the courtroom:

www.blacklibrary.com
 
2013-05-07 02:45:00 AM  

TuteTibiImperes: From the Ars Technica Coverage:

The harshest penalties are saved for last. First, Judge Wright suggests the Prenda lawyers should be disbarred, writing "there is little doubt that Steele, Hansmeier, Duffy, [and] Gibbs suffer from a form of moral turpitude unbecoming an officer of the court." In many states, including California, crimes reaching the standard of "moral turpitude" lead to automatic disbarment. Wright will be referring the four lawyers to every state bar in which they are admitted to practice.

I sincerely hope every one of them is disbarred, and that other judges that see these types of cases come up on their radar start scrutinizing them as thoroughly as Judge Wright has.


That just costs them their careers. RICO  charges could get them locked up. The RICO penalties are harsh-

RICO authorizes severe penalties of fine and imprisonment. The maximum punishment for an individual on a single RICO charge is imprisonment for twenty years (life if any of the predicate acts charged, such as murder, would permit such a punishment), and a fine of $250,000 or twice the proceeds of the offense. In addition, RICO revived the punishment of forfeiture of property, which before 1970 had been little used in American criminal law.

Third, though Plaintiffs boldly probe the outskirts of law, the only enterprise
they resemble is RICO. The federal agency eleven decks up is familiar with their
prime directive and will gladly refit them for their next voyage. The Court will refer
this matter to the United States Attorney for the Central District of California.

And the IRS will be happy to pick their bones clean


The (court) will also refer this matter to the Criminal Investigation Division of the Internal
Revenue Service

Granted, weasels like these will try to weasel out of the consequences, but that has got to be a poop producing pronouncement.

/The judge actually seems to understand the technology
//I've had senior IT managers who didn't understand TCP/IP that well.
 ///Star trek reference too
 
2013-05-07 02:45:35 AM  
3.bp.blogspot.com
DAMN
 
2013-05-07 02:46:47 AM  
Also, the only bad thing about this decision is that CBS now has inspiration for a new alphabet-soup drama with IRS:CID
 
2013-05-07 03:23:59 AM  
I got a bunch of groundless headaches out of Gibbs and Hansmeier -- I've sent some of you my successful motions to help with your own BS -- and this, well, goddamn this is a beautiful few pages. Otis Wright is the man.
 
2013-05-07 03:31:05 AM  

eurotrader: Highlight for some from order


This seems more fitting:

"The Principals started their copyright-enforcement crusade in about 2010....most defendants settled with the Principals, resulting in proceeds of millions of dollars..."

"Therefore, the Court awards attorney's fees and costs ... as a punitive measure, the Court doubles this award, yielding $81,319.72"

Crime still pays. So far.
 
2013-05-07 03:43:35 AM  
While I applaud this decision and enjoy the overall tone of it, its grammar is truly atrocious. You'd think a district judge had some sort of higher education or like such as
 
2013-05-07 03:49:07 AM  

Chagrin: Crime still pays. So far.


Not when a federal judge has just told the IRS you've stiffed them. And when that stiffing is on the level of failure to disclose income, failure to file tax returns etc etc, well you know what Wesley Snipes went to prison for? Well that's what the bozos at Prenda will be facing. Except with possibly more counts. And that's before you even get into what the DoJ might get them for. If the DoJ does, as it would appear they are entirely justified to do, use RICO statutes to prosecute them, between that and the IRS, they're not going to have much money left. Nor are they going to be a part of the outside world for quite some time.
 
2013-05-07 03:51:22 AM  
BTW any of our law types know what all conspiracy charges might be in the offing? Given it's three people working together for the purpose of shaking people down figure conspiracy charges would be among what they'd be charged with down the road.
 
2013-05-07 03:53:27 AM  
farm3.staticflickr.com
 
2013-05-07 03:57:57 AM  

Chagrin: eurotrader: Highlight for some from order

This seems more fitting:

"The Principals started their copyright-enforcement crusade in about 2010....most defendants settled with the Principals, resulting in proceeds of millions of dollars..."

"Therefore, the Court awards attorney's fees and costs ... as a punitive measure, the Court doubles this award, yielding $81,319.72"

Crime still pays. So far.


The judge said that because the plaintiffs (Prenda Law) dropped their case against the defendants, he can't order further financial sanctions beyond the compensation of the defendants for legal fees and the punitive damages. Remember, this whole order is a ruling on Penda violating certain orders that the judge issued, like no early discovery and showing cause for the lawsuit against the defendants, not an official case *against* Prenda.

However, if the DoJ does file RICO charges against Prenda, those carry a fine of up to $20,000 & 20 years in prison. Per infraction.At $4000 a pop out of court settlement, Prenda making $1M would be 250 cases, which would mean up to $5M in fines and potential life imprisonment. Plus the forfeiture of the original proceeds. So the Prenda partners can potentially loose 5 times what they made, not to mention the jail time.

My guess is that if the DoJ files RICO, which I hope they do, the Prenda partners will agree to full restitution, plus some punitive amount (probably 2 or 3 times the extortion proceeds) and a flat 5-10 years in exchange for pleading guilty. Michael Milken was indicted on 98 counts and plead down to avoid a life sentence; he ended up with @2 years jail time.
 
2013-05-07 04:13:12 AM  
"Gibbs behavior in the porno-trolling collective" bwahahahahhhahahahahahahaha oh god I want to by judge Wright a beer or ten after reading that.
 
2013-05-07 07:09:32 AM  

Rincewind53: vygramul: kronicfeld: Footnote #5 on page 10 is perfect in every way.

It brings a tear to my eye.

It's a perfect piece of poetic justice. Love it.


Well spotted. Excellent writing.
 
2013-05-07 07:37:32 AM  
That was lovely.  And all of the Star Trek references were hilarious.
 
2013-05-07 07:38:18 AM  
Also, Hansmeier is cute.  I wonder if he'll be forced to turn to gay pornographic movies to make a living if he gets disbarred.
 
2013-05-07 07:39:55 AM  

SphericalTime: if he gets disbarred.


At this point it's not if, it's when.
 
2013-05-07 07:48:05 AM  

WhyteRaven74: "Gibbs behavior in the porno-trolling collective" bwahahahahhhahahahahahahaha oh god I want to by judge Wright a beer or ten after reading that.


New band name I called it first!
 
2013-05-07 09:22:32 AM  
Are they in jail? Because if they aren't in jail, then this doesn't matter.
 
2013-05-07 09:24:06 AM  

RoyFokker'sGhost: if the DoJ files RICO,


They won't because lawyers look after their own, just like police officers.
 
2013-05-07 09:27:39 AM  

Lost Thought 00: They won't because lawyers look after their own, just like police officers.


Just like they looked after that Pennsylvania judge who was taking kickbacks to send kids to juvenile detention?
 
2013-05-07 09:43:43 AM  

kronicfeld: Lost Thought 00: They won't because lawyers look after their own, just like police officers.

Just like they looked after that Pennsylvania judge who was taking kickbacks to send kids to juvenile detention?


They knowingly let him get away with it for decades.
 
2013-05-07 10:29:28 AM  

kronicfeld: Lost Thought 00: They won't because lawyers look after their own, just like police officers.

Just like they looked after that Pennsylvania judge who was taking kickbacks to send kids to juvenile detention?


What happened to that guy anyway?  I lost track of that case after it fell out of the news cycle here in PA.

Even so, there is a point about overlooking wrongdoing among professional peers.  Minor infractions will be overlooked, but if you get too greedy/piss off the wrong people, you'll get the hammer.  The same goes for accounting practices, etc.  It takes some like a Prenda law, or a cop punching someone on video, or Enron/Worldcom to get something done.
 
2013-05-07 10:42:20 AM  

Lost Thought 00: Are they in jail? Because if they aren't in jail, then this doesn't matter.


It wasn't a criminal proceeding. Why should they be in jail?
 
2013-05-07 10:46:11 AM  

WhyteRaven74: Chagrin: Crime still pays. So far.

Not when a federal judge has just told the IRS you've stiffed them. And when that stiffing is on the level of failure to disclose income, failure to file tax returns etc etc,..


Did they do any of that, though? There's only one mention of the IRS in the order, and nothing about failure to disclose income or tax returns.

My completely unsupported guess is that it's actually a reference to money laundering, via transfer of assets around the various shell entities.
 
2013-05-07 10:48:58 AM  

Lost Thought 00: RoyFokker'sGhost: if the DoJ files RICO,

They won't because lawyers look after their own, just like police officers.


media.tumblr.com
There are few things lawyers love more than screwing other lawyers.
 
2013-05-07 10:54:27 AM  
"Third, though Plaintiffs boldly probe the outskirts of law, the only enterprise they resemble is RICO."

upload.wikimedia.org
 
2013-05-07 11:00:41 AM  

Theaetetus: Lost Thought 00: RoyFokker'sGhost: if the DoJ files RICO,

They won't because lawyers look after their own, just like police officers.

[media.tumblr.com image 479x344]
There are few things lawyers love more than screwing other lawyers.


Especially when you've failed as hard as this bunch has at not being douchebags. Most lawyers of the copyright/patent troll ilk will at least TRY to put on a face of non-douchebaggery. Most fail, but this bunch failed so hard that I'm surprised there's not a crater. Oh.. wait. The crater is coming. It's going to be where their careers (if you can call it that) were.

/Judge Wright's Gavel... Soon to replace Thor's Hammer as a tool of super-heroes.
//Can we get someone to photoshop that?
 
2013-05-07 11:17:01 AM  

qorkfiend: Lost Thought 00: Are they in jail? Because if they aren't in jail, then this doesn't matter.

It wasn't a criminal proceeding. Why should they be in jail?


Because they defrauded the justice system. If they don't go to jail, they will simply mass file claims in another court system and win more money.
 
2013-05-07 11:23:33 AM  

Lost Thought 00: qorkfiend: Lost Thought 00: Are they in jail? Because if they aren't in jail, then this doesn't matter.

It wasn't a criminal proceeding. Why should they be in jail?

Because they defrauded the justice system. If they don't go to jail, they will simply mass file claims in another court system and win more money.


So, your plan to address abuse of the justice system is to abuse the justice system by putting people in jail without charges or a trial?
 
2013-05-07 11:33:10 AM  

Ken at Popehat: Lost Thought 00: qorkfiend: Lost Thought 00: Are they in jail? Because if they aren't in jail, then this doesn't matter.

It wasn't a criminal proceeding. Why should they be in jail?

Because they defrauded the justice system. If they don't go to jail, they will simply mass file claims in another court system and win more money.

So, your plan to address abuse of the justice system is to abuse the justice system by putting people in jail without charges or a trial?


Well, of course. As he said, lawyers look after their own, so we can't trust the justice system to charge them or try them. So instead, any time a lawyer is accused of wrongdoing, we should summarily execute them. And since people can file pro se, we should probably extend this to non-lawyers, too.
 
2013-05-07 12:00:38 PM  

Ken at Popehat: Lost Thought 00: qorkfiend: Lost Thought 00: Are they in jail? Because if they aren't in jail, then this doesn't matter.



What are you doing here? You should be furiously writing about this so I can read it. SCRAM YOU.
 
2013-05-07 12:00:41 PM  

Theaetetus: Ken at Popehat: Lost Thought 00: qorkfiend: Lost Thought 00: Are they in jail? Because if they aren't in jail, then this doesn't matter.

It wasn't a criminal proceeding. Why should they be in jail?

Because they defrauded the justice system. If they don't go to jail, they will simply mass file claims in another court system and win more money.

So, your plan to address abuse of the justice system is to abuse the justice system by putting people in jail without charges or a trial?

Well, of course. As he said, lawyers look after their own, so we can't trust the justice system to charge them or try them. So instead, any time a lawyer is accused of wrongdoing, we should summarily execute them. And since people can file pro se, we should probably extend this to non-lawyers, too.


BLOOD FOR THE BLOOD GOD! SKULLS FOR THE SKULL THRONE!
 
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