I know that the Popehat
crowd is sensitive about copyright and encourage linking to their musings rather than copying wholesale (otherwise they couldn’t afford their famously posh living style resulting from the sidebar advertisement commissions). Usually I follow the recommendations, but today I’m going to copy one particular Ken White’s post
in its entirety. There are two reasons for that:
- The subject of this post: it discusses the event that happened yesterday to yours truly: after reading one of Prenda’s filings (by Jacques Nazaire), I was visited by a fairy who told me to write a personal message to Mr. Nazaire expressing my
butthurt disappointment (you’ll understand what I mean by reading along). So I did, and I received a reply shortly.
- This reply, published on Twitter, prompted Ken “Popehat” White to write a post, and, unfortunately but not surprisingly, he did it better that I would ever do. So, the same fairy told me: go ahead and copy it, all of it! It’s about you for the God’s sake!
Thus, I consider the inclusion of the entire post from the Popehat blog a fairy use.
Team Prenda Is A Classy, Classy Bunch | Popehat
Aug 27, 2013. By Ken White.
All of Popehat’s Prenda coverage is collected here.
It really can’t be easy to be on Team Prenda these days. Hordes of detractors scrutinize your every legal filing. Mean bloggers say embarrassing things about you. The threat of sanctions always looms. A tangled web of legal proceedings across the country complicates your efforts and constantly generates new evidence and assertions.
So, I guess I can see how a Prendarast could lose his cool on occasion.
Take Jacques Nazaire. Nazaire has found the waters in the Prenda lagoon to be unstill and unpleasant. Craigslist court appearances never generate such negative attention. It’s enough to make a man go off on a rant about a witness or launch an ill-conceived detour about gay marriage or rend his garments and bewail how posts by mean blogers “lead to anger.”
So: when Mr. Nazaire asked a Georgia federal judge to quash some subpoenas calculated to uncover facts about Team Prenda, it is perhaps understandable that he indulged in a little dig at his detractors:
In addition to the facial defects of the subpoenas, these subpoenas should be quashed because the “Google” and “Comcast” subpoenas are issued for the sole purpose of gathering information of third parties and the undersigned and putting them in display on such websites as “techdirt”, “dietrolldie” and “Popehat”.
Actually, I suspect that the purpose of the subpoenas is to gather evidence to test the theory that Team Prenda, far from being a victim of piracy of pornographic videos, deliberately posted the videos on piracy sites to attract downloaders in a scheme to manufacture copyright violation claims. Watch this space for a discussion of the legal significance of that theory.
Anyway, Mr. Nazaire’s gripe was banal and unsurprising — but also rudely exclusionary. How could he have forgotten the site Fight Copyright Trolls, one of the most steadfast foes of Team Prenda? The proprietor of Fight Copyright Trolls wanted to know, too. So he wrote Mr. Nazaire, and got a response. And such a response!
Dear Mr. Nazaire,
In 2:12-cv-00262-WCO Document 68 (filed 08/26/13) you wrote:
10. In addition to the facial defects of the subpoenas, these subpoenas should be quashed because the “Google” and “Comcast” subpoenas are issued for the sole purpose of gathering information of third parties and the undersigned and putting them in display on such websites as “techdirt”, “dietrolldie” and “Popehat.”
I cannot express the extent of emotional distress this paragraph caused to the undersigned. You mentioned three of the major resources that cover Prenda, but failed to include my “fightcopyrighttrolls.” FYI, while my blog is not the oldest, it has the most extensive coverage of the Prenda soap opera: if you navigate to the “Prenda” tag (http://fightcopyrighttrolls.com/category/clans/prenda/), you will find 122 posts, not to mention numerous informative pages. Thus, not including “fightcopyrighttrolls” where it belongs is offensive and scandalous.
Please govern yourself accordingly and refrain from hurting my feelings in the future.
Very truly yours,
Quoth Mr. Nazaire in response:
I like your Mom. She’s a nice lady but not so good in the sack. I guess she has too much mileage on that poon.
Tsk Tsk Tsk. All worn out.
You think that you are funny, huh?
How’s that for funny?
Now, insulting somebody’s mother is a venerable rhetorical device. It can be a stylized vehicle for creativity, as in a yo’ momma competition, where it’s not actually about any real person. (The geeky ones are the best. “Yo momma so fat, her patronus is a Ding Dong.”) It can be delivered to inflame with some degree of style. (“I wrote a paragraph about your blog, SJD, but I left it on your mother’s nightstand.”) But it can also fall flat and just sound creepy and angry and needy. So it has here.
For someone who spends so much of his time angry, you would think that Mr. Nazaire would be better at it.