Copyright Trolls Sue Bloggers, Defense Lawyers 219
Posted
by
samzenpus
from the if-you-don't-have-anything-nice-to-say dept.
from the if-you-don't-have-anything-nice-to-say dept.
davecb writes "Prenda Law has commenced three defamation, libel and conspiracy suits against: defense lawyers, defendants and all the blogger and commentators at 'Die Troll Die' and 'Fight Copyright Trolls'. The suits, in different state courts, each attempt to identify anyone who has criticized Prenda, fine them $200,000 each for stating their opinions, and prohibit them from ever criticizing Prenda again."
Thats a lot of lawsuits... (Score:4, Interesting)
I wonder if the Troll knows they will probably have to pay all the defendents costs if they lose?
First Amendment (Score:3, Interesting)
One thing that I don't understand is why the blatant abuse of a individuals first amendment rights is not actively protected more than "don't do that" kind of slap on the wrist when legal entities who know it's a violation commit these acts. These kind of abuses should be treated more as criminal offenses as they violate what the US has defined as a human right and be treated with such weight. I don't mean a heafty fine, but more akin to dis-Bar and a felony charged on the grounds of violating basic human rights by way of abusing social position (IE Lawyers abusing their knowledge of laws and funding to hold back the public, who may lack of knowledge of law or are unable to protect themselves due to lack of funding).
Re:First Amendment (Score:4, Interesting)
In the era in which the Constitution was written, this wasn't a common practice. A good federal SLAPP law might classify then actions as an abuse of power, or a fraud upon the court, depending on whether one was a lawyer or a plaintiff, in order to make the punishment fit the crime.
Anyone want to start a White House petition for criminal sanctions against anyone who defrauds a court?
--dave (I can't, I'd have to start a 24 Sussex Drive petition) c-b
Re:Sorry, Prenda (Score:3, Interesting)
The trolls' lawyers should be disbarred for taking the case.
Re:Thats a lot of lawsuits... (Score:5, Interesting)
I wonder if the Troll knows they will probably have to pay all the defendents costs if they lose?
You don't live in the USA. Am I right?
That's how law works in the UK. My best friend is a lawyer (we're both Americans) and he's taught me a lot about how the law really works. One of the things he taught me is that it's incredibly difficult in the USA to get costs paid, even when the lawsuit is frivolous. The problem is that courts in general really don't like to award this kind of thing because all judges and lawyers feel that the system works pretty well, darn near close to perfect, as it is right now and anything that punishes people for bringing lawsuits and losing would "hurt the little man" who will be too afraid to pursue his justified lawsuit against some true injustice because he might lose and have to pay the other guy's court costs. So almost certainly this will not be a factor, although if the defendants are attorneys they might push for it anyway as they know the system well enough that it might give them a slightly better chance of getting it than would normally happen.
Re:Sorry, Prenda (Score:5, Interesting)
in the UK at least I can claim loss of earnings from the litigant when I win the case
Is that true in general, or only in specific circumstances?
I was called as a third party witness in a minor court case a while back. One of the things that surprised me was that the accused, having been found not guilty, did not seem to be entitled to much in the way of compensation at all. This was a criminal case, though, not a civil one.
In that case, the defendant had been charged with an offence, presumably suffered more than a year of distress with the case hanging over them before it was finally resolved, spent whatever time and money it cost them to mount their own defence (they represented themselves in court), and obviously incurred the lost time and inconvenience of having to attend court itself. I was genuinely disappointed in our legal system when it seemed they were sent on their way as if they should somehow be grateful that, after suffering all of that distress and inconvenience, at least they hadn't been found guilty of what they'd been charged with and fined/thrown in jail.
Re:Sorry, Prenda (Score:5, Interesting)
Terrorism of a different class. (Score:4, Interesting)
This idiotic firm is quite simply a group of terrorists using the law to scare people.
What needs to happen is these assholes need to get not only an anti-SLAPP suit filed against them, and get them declared vexatious litigants, but also have terrorism charges brought upon them as well. There is a clear threat for political motivation. It is terrorism, pure and simple.
These total morons need to be exterminated by the very system they seek to abuse.
Hey, Prenda, don't like my comments? Yea, I'm on Die Troll Die, bring it. I'll give you the same treatment I gave Electronic Arts in the courtroom. Trust me, that wasn't pretty for them, and it won't be for you.
My info is quite public, if you want the most recent, go ahead, look it up RIF1200346 Riverside California court system. You can get my updated information there.