Porn Troll Panics, Dismisses Pending Lawsuits 106
JayRott writes "According to Ars, 'The embattled copyright trolling firm Prenda Law is seeking to contain the fallout from a looming identity theft scandal by voluntarily dismissing lawsuits filed by the shell company AF Holdings. A Minnesota man named Alan Cooper has charged that Prenda fraudulantly used his name as the CEO of AF Holdings, allegations that have attracted the attention of a California judge. Ken at the legal blog Popehat broke the news that Prenda attorney Paul Duffy has sought dismissal of at least four pending infringement cases involving the Prenda-linked shell company AF Holdings. All four dismissals occurred in the Northern District of Illinois.' I don't see how Prenda thinks this is going to make one lick of difference to an already angry Judge."
Too late to run and hide now (Score:5, Insightful)
I think this is akin to getting caught stealing money from the tip jar and trying to make it look like you were just "making change".
Too late, you woke the dragon.
They're not trying to please the judge (Score:4, Insightful)
Re:If you notice on the front page of ""slashdot"" (Score:5, Insightful)
Re:They're not trying to please the judge (Score:2, Insightful)
Not sure if survival is what they are trying to do, more like mitigating the damage and hoping there is something left afterwards.
It will make a difference ... a bad difference (Score:5, Insightful)
Given what's happened so far, this will probably make the judge MORE angry than he already is, and he will still expect the lawyers in question to show up on April 2nd and explain their actions so far even if they don't have a single other case pending in the country. Also, if they're madly filling requests for dismissals in other jurisdictions, it's going to be awfully difficult to offer the usual suite of lame excuses for not complying with the order (i.e. if you had the time to file these other requests for dismissal, then you certainly had the time to respond to a judge's order).
I think the only options left for these guys are either to rat each other out first and hope for leniency (standard prisoner's dilemma), flee the country, or pick a new career. And some of those aren't mutually-exclusive options.
Re:If you notice on the front page of ""slashdot"" (Score:4, Insightful)
If all nerds stay in their basements, then you're right, but...
There is a world out there and patent trolls influence the great work we nerds do.
So if one is going down, we celebrate and drink a root beer.
Re:If you notice on the front page of ""slashdot"" (Score:0, Insightful)
Re:Too late to run and hide now (Score:5, Insightful)
Lawyers are a protected privileged class in the USA. Everyone from the President to members of Congress to Supreme Court justices are all lawyers. If you were to shoot all lawyers, you would no longer have a United States.
(what you'd have is a nice place to live)
Re:Too late to run and hide now (Score:5, Insightful)
Lawyers are a protected privileged class in the USA. Everyone from the President to members of Congress to Supreme Court justices are all lawyers.
Well, kinda. They're not practicing lawyers. They've evolved into LAWYER's next form, POLITICIAN. As lawyers they learn how the law can be twisted and screwed into new shapes to benefit the wealthy, and to win at any cost and on any viable basis. As politicians, they are wealthy, and in a position to make laws.
Re:If you notice on the front page of ""slashdot"" (Score:4, Insightful)
The very heart of these lawsuits is the bittorrent protocol, IP address tracking, and wireless networks. These lawsuits are a dirty disgusting consequence of the technology *we* created. And the reason nerds should be more interested in these lawsuits than others is because we fully understand how absolutely absurd it is to say just because you saw an IP address on a tracker doesn't mean the subscriber to the account that was assigned that address is an infringer.
So while the Prenda lawsuits are not failing on the technical lack of merits of their absurd claims, it is nice to see this law firm imploding nonetheless.
Re:It will make a difference ... a bad difference (Score:5, Insightful)
From what I've read, they are trying to minimize the possible damage. The biggest change that these dismissals make is from an ONGOING fraud on the court, to a PAST defraud on the court. Using that rationality, however, you can then conclude that the only reason to drop the case(s) is that the allegations are true. If they were false, they'd simply fight the accusation and allow the other cases to proceed (probably continued pending outcome of the allegations).
I do note however that most (not all) the relevant cases were dropped without prejudice, meaning that if they survive, they plan on re-filing the cases. I seriously wonder if the top people involved are busy buying up land in a non-extradition country. The judge might include flight risk in his next order, and get their passports revoked.
Re:Stopping Prenda Law is not enough (Score:4, Insightful)
I would seriously hope that "sanctions" includes:
(a) permanent disbarment in ALL states for the primary lawyers (and suspensions for the rest of the plaintiff lawyers),
(b) disgorgement of all settlement income from all entities involved as it was obtained by the fraud,
(c) reversal of all assignments of copyright as they were clearly made to further the fraud,
(d) complete closure of all business entities involved after reassignment of copyright and disgorgement of income, and
(e) the top people involved should be unable to open any more businesses of any kind ever,
(f) referral to state attorneys general and DOJ prosecutors to bring criminal charges.
Not hoping for jail time, but a message needs to be sent to these law-twisting nasties and all their ilk that this is not acceptable and will be punished. You don't often hear of lawyers being punished, simply because they're "in the club". The law community needs to seriously start thinking about an internal purge of these types of lawyers.
Porn troll porn (Score:4, Insightful)
Is porn troll a new fetish?
That would be "troll porn", probably a relatively obscure fetish.
This story is tending towards "porn troll porn", which might even become widely known.
Re:Who are the owners and operators of Prenda Law? (Score:5, Insightful)
Re:Too late to run and hide now (Score:4, Insightful)
It is all too easy to slam lawyers, but a lawyer is your best friend when you need one.
You should be slamming the ignorant electorate that keeps electing these politicians that only care about getting elected, getting rich, and pleasing the rich.
You can't waste a vote. A the only wasted vote is the one that wasn't exercised.
Re:Too late to run and hide now (Score:5, Insightful)
Until you realize the only reason you need a lawyer, is because of other lawyers...
Re:Too late to run and hide now (Score:5, Insightful)
It is all too easy to slam lawyers, but a lawyer is your best friend when you need one.
Wrong. A lawyer is a necessary evil when I need one, and I only need one because of the efforts and actions of other lawyers. Even a good lawyer is part of a broken system designed to maintain the status quo, and therefore part of the problem even when they try to be part of the solution.
Re:I'll slam BOTH, thank-you.... (Score:5, Insightful)
I'm sorry you and your buddy have only met truly reprehensible lawyers. I know several who are good, honest, thoughtful people who genuinely try to make the world around them a better place. Granted, I've also met a hunch who are slimeballs I would just as soon push in front of a bus, but I've met a lot of people who are slimeballs that I would just as soon push in front of a bus who aren't lawyers, so it doesn't seem fair to say lawyers are necessarily any worse than the rest of humanity.
If anything, I've met a greater percentage of sales and corporate management types who would contribute more to the benefit of mankind by dying messily than I have lawyers, but YMMV.