Guardaley | X-Art
Adult Filmmakers get Legal Smackdown!
Since we broke the news about a game-changing ruling by a New York judge Gary R. Brown, a dozen or so news outlets wrote about this fantastic news, and I’m aware of at least three non-English articles (Spanish, German and Swedish). Good folks from SourceFed, Joe Bereta and Elliott Morgan, brought the most hilarious of all the stories about this groundbreaking event. There is nothing to add or remove. Enjoy and share:
This video has 114,000 hits at this moment, and I couldn’t be happier: it is exciting that general public is getting aware about the rampant abuse of judicial system.
12 responses to ‘Adult Filmmakers get Legal Smackdown!’
This has been a good week for the Does, let’s hope the trend continues.
How binding is this ruling. Does it shut them down in New York at least?
Cautious optimism that troll activity will slow in some of New York state is a good attitude right now. This was an order and a Report and Recommendation to District Judges. Judge Gary R. Brown is a U.S. Magistrate Judge of the New York Eastern District. There are 14 other Magistrate Judges in that district. New York has 3 other districts.
Judge Gary R. Brown’s report is thorough, well reasoned and well presented. Trolls will file objections, of course. Since Judge Brown and staff have investigated the issue at length, other judges in the same district may be guided considerably by his recommendations. Since Judge Brown has developed a background in these issues, it’s possible that many porn purveyor video allegation cases will be assigned to him.
I would guess this opinion would help shape decisions in other Federal civil court cases. especially in other New York districts. Judge Brown’s report has reasoning and recommendations with factual & case references. It may factor in to Doe defense in major cases.
have a look at the original FCT SJD post. The full report document is there:
Thanks, you preempted my reply and did it better than I would. In addition I want to note that this order has been already weaponized: it was filed as a Notice of Supplemental Authority in one of the most critical cases, a troll Armageddon, the one assigned to infamous Beryl Howell. Duffy wrote (or his master Steele is a ghost writer, since Duffy is rather inarticulate third rate lawyer) an objection at the same day, but he is out of league where EFF, ACLU, and now judge Brown are the players.
Glad I did not settle. I was sorely tempted to. So it is great to have some good news. Hope it continues. Maybe they will disbar or sanction the troll lawyers if they continue this scam?
I commented in an old post but wanted to reissue my plea for advice. A friend received a threatening letter from prenda Saturday may 5. He is now receiving threatening phone calls. The demand has gone up from 3k to 100+k. He was in the hospital for a prolonged period when the file was supposedly downloaded from his isp. He is angry with me as I was supposed to be checking on his home. I don’t know what I can do to help him or how dire the situation really is. Overwhelmed and concerned and frankly a angry that someone could legally try to ruin a man who has done nothing wrong.
I’m not sure if this is a troll posing as a Doe. There’s a separate discussion page for John Steele & Prenda Law. 100+K is a ridiculous demand, practically the price of the maximum award. The maximum award figure may have been mentioned.
Your friend can tell the Prenda goons to stop calling and they should follow that.
Hospitalization during the time of allegation is a defense that many Does would be relieved to have. Explain to your friend that there are many tens of thousands of innocents targeted in this very bad scam. So far things are only at the scary demand stage. Read the FAQ’s & Resources here and at DTD.
This is not legal advice and is for discussion purposes only
Thank you very much. Definitely not a troll. Just very concerned. Have been reading more of the posts and am beginning to feel much better. I just never thought when I agreed to drive past his house twice a day to make sure his house wasn’t broken into I should have also been on the lookout for anything like this.
Yet your friend definitely misinterpreted trolls’ words. There is no way they could ask for 100K. Most likely they mentioned this number as a statutory damages max (actually it’s 150K). This max is for willful infringement only, and it was never awarded against an individual. So threatening with this insane amount, designed for large scale commercial infringement, trolls blatantly lie.
I spoke to him again and you are correct. It was pay this much or face the maximum. When I speak to him tomorrow I will let him know about this site and hopefully it will ease his mind some.
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