Well...it would appear that Prenda Law and some of it's associates are about to discover what happens when a firm of attorneys abuses the legal process in a manner that amounts to fraud and coercion - and then runs into a judge who can see it for what it is.
For those who haven't followed this, Prenda Law is the firm that has been going after alleged "John Doe" torrent downloaders of pornographic materials by threatening to sue and make their names public unless they agree to out of court cash settlements in exchange for continued anonymity. The technical term for this sort of thing is
blackmail.
TechDirt has been following these guys and their antics pretty much from day one. If you'd like to catch up, their posts on Prenda can be found
here.
Ken over at Popehat also did a nice write-up on how Prenda and it's so-called client 'AF Holdings' has been trying to operate in an earlier post
here that shows just how insane their "business model" is.
But it gets better...
In a post yesterday, Ken does a follow-up that walks you through the new legal challenges Prenda is facing now that it has come under the close examination of a judge that has concluded their activities amount to an attempt to commit fraud on his court. Something that does not bode well for those in the crosshairs since jail time is no longer out of the question.
If seeing someone who so richly deserves it "get theirs" makes your day, web on over to Popehat
here and give Ken's article a read. It's lengthy - but worth it since he breaks down incredibly complex legal issues in a manner that makes me wonder why more legal reporting can't do the same for much simpler cases.
What Prenda Law Is Facing In Los Angeles, And How They Got There
Mar 6, 2013 By Ken.
In my post about Prenda Law's defamation lawsuits, I mentioned that Prenda is facing an inquiry by United States District Judge Otis Wright in Los Angeles.
A remarkable new order yesterday by Judge Wright moves me to describe that situation in greater detail based on my experience as a litigator and federal practitioner. The bullet: holy crap!
To sum up, yesterday Judge Wright ordered the principals of Prenda Law — and a man who accused them of stealing his identity — to appear in his court next Monday as part of Judge Wright's inquiry into whether anyone associated with Prenda Law should be sanctioned or otherwise punished for alleged fraud on the court. This is, to put it very mildly, unusual, and signifies grave danger for Prenda Law and its attorneys.
It wasn't always like this. Here's how Prenda Law got there.
And now, the long awaited comeuppance may be just around the corner thanks to a no-nonsense US federal district judge by the name of Otis Wright who has apparently had it with Prenda's antics and has taken an
unusual degree of interest in what is normally a routine part of court proceedings: the discovery phase.
from the Popehat article (emphasis added):
Judge Wright is questioning an assertion that is at the core of Prenda Law's litigation strategy — that identifying the IP address of an infringing download is a sufficient basis to force disclosure of the corresponding subscriber. This represents a challenge to the legal theory underlying Prenda Law's approach to these cases. It's also significant because it shows that Judge Wright believes what Prenda Law's critics have been saying — that it might be using the threat of identification to "coerce" settlements, and that this danger should be a factor in evaluating whether Prenda Law should be able to uncover the identity of IP subscribers.
This level of judicial initiative in early discovery matters is quite unusual. For one thing, in federal court — at least in vast and busy districts like the Central District of California — most discovery issues are resolved by Magistrate Judges, who are appointed by the Article III district judges. Magistrate Judges do the less glamorous work of the federal justice system — non-substantive hearings, discovery disputes, and the like. But here, a district judge — black-robed, with a lifetime tenure, appointed by the President and confirmed by the Senate — is getting involved in very specific discovery issues. At this point, Prenda Law was no doubt becoming very concerned.
Good reading if you're into the whole legal quagmire the issue of copyright enforcement has become.
Highly recommended.
Recent Posts
