Prenda
Prenda is essentially done
We have been waiting for this moment for a long time. Congratulations to everyone involved, especially Morgan and Nick.
Coverage

- TechDirt: Judge Wright Tells Team Prenda To Pay $80k, Refers Their Activity To State Bars, Feds & IRS by Mike Masnick.
- Wired: Judge Asks IRS, Feds to Investigate Copyright-Trolling Attorneys by David Kravets.
- Popehat: Does Prenda Believe In No-Win Scenarios? Because Judge Wright Just Gave Them One by Ken White.
- ArsTechnica: Prenda hammered: Judge sends porn-trolling lawyers to criminal investigators by Joe Mullin.
- TorrentLawyer (Rob Cashman) has reblogged this post adding some interesting thoughts.
- DieTrollDie: Judge Wright Fires One Hell Of A Photon Torpedo at Prenda Law — 2:12-cv-08333 (CA).
- StarTribune (MN): California judge slams Minneapolis attorneys in copyright trolling cases by Dan Browning.
- Los Angeles Times: Judge fines firm for improperly enforcing porn copyrights by Stuart Pfeifer.
- TorrentFreak: Federal Judge Fires Phasers, Photons at Prenda for $80k Damages by Ben Jones.
- Madison-St. Claire Record: Wrath of Wright: Federal judge applies ‘Star Trek’ theme in sanctioning copyright lawyers by Ann Maher.
- The Register (UK): Judge hands copyright troll an epic smack-down By Richard Chirgwin.
- Gizmodo: Judge Unleashes Star Trek Assault on Prenda Porn Troll After “Blatant Lie” by Gary Cutlack.
- Slashdot: Judge Refers Prenda Copyright Trolls To Criminal Investigators.
- BoingBoing: Prenda law judge says porno copyright trolls are frauds, identity thieves; $80K in fines and disbarment pending by Cory Doctorow.
- Salon: Bad day to be a porn lawyer by Andrew Leonard.
- XBiz: Sanctions Ordered Against Porn Piracy Litigants by Rhett Pardon.
Steele on Tuesday told XBIZ that he plans on appealing Wright’s order with the 9th U.S. Circuit Court of Appeals.
“Obviously we don’t agree on the ruling,” Steele said. “Judge Wright based his order on an eight-minute hearing where there was no testimony, no evidence introduced. Clearly Judge Wright does not like this type of litigation and he’s no fan of intellectual property law.”
- Above the Law blog: Prenda Boldly Benchslapped Where No One Has Gone Before by Joe Patrice.
- The unofficial Otis D. Wright, II Statue Fundraiser on indiegogo.
- TechDirt: John Steele Plans To Appeal Judge Wright’s Order; Says Judge Is ‘No Fan Of IP Law’ by Mike Masnick.
- The National Law Journal: Judge Lashes Out at ‘Fraud’ in Porn Infringement Claims by Amanda Bronstad.
- The Guardian: The best judicial ruling you will ever read (Trust us, just read it) by Adam Gabbatt.
- ArsTechnica: Why weren’t the Prenda porn trolls stopped years ago? by Nate Anderson.
- Courthouse News Service: Judge Refers ‘Porno-Trolling’ Law Firm to Feds by Matt Reynolds.
- EFF Deeplinks blog: Prenda Law Is The Tip of the Iceberg by Mitch Stoltz.
- ArsTechnica: Prenda lawyer downplays devastating order, promises appeal by Joe Mullin.
- Business Insider: Judge Slams ‘Troll’ Lawsuit Against Illegal Porn Downloaders by Erin Fuchs.
- Forbes: Sanctions May Be Least Of ‘Copyright Troll’ Worries As Matter Is Referred To Feds, IRS by Kelly Phillips Erb.
- Techdirt: John Steele, Silent In Court, Keeps Talking To The Press; Says New Lawsuits Are Being Filed by Mike Masnick.
- ABC: Judge Slaps Attorneys For Alleged Porn Shakedown by Alan Farnham.
- TechDirt: Why Prenda Has Been Able To Proceed For Years: The Whole Setup Was Too Brazen by Mike Masnick.
Followup
5/4/2015
Prenda appealed. Almost exactly two years later US Court of Appeals for the Ninth Circuit heard oral arguments. And it didn’t went well (to put it charitably) for Prenda and its principals.
How much do you want to bet that this “position” with Lutz was created very quickly after the twitter exchange that ID’d Steele as bittorrentbull?
“I work part-time with Livewire Holdings, one of the entities that Lutz owns. My role is on the business side. I acquire other adult content companies and deal with expanding the holding company. The main goal is to handle a lot of content and websites and to be involved in the adult space. For that, I’m paid a flat fee. I won’t say how much, but it’s a modest flat sum. I’m not getting a percentage or a piece of settlements or anything like that.”
If Lutz was the owner of Livewire Holdings, and that’s how Duffy and he met, why was Lutz making phone calls for Duffy Law Group, Anti-Piracy Law Group, and Prenda claiming that he worked for them?
That is the question!
While John is struggling with mastering the subtle art of keeping his mouth shut, some people are silently working. And some visit my site in their line of the duty. And I like it. I like it a lot.
Soo nice to see everyone’s investigative work isn’t going to waste. This site is practically one-stop-shopping for an IRS investigation. How is that appeal coming John?
I don’t know about the legal appeal, but the whole spectacle holds great appeal for me!
Yep. IRS. Just geolocated the ip through a free ip locating service. Guess what. It’s a static ip address, which means it’s theirs forever. Oh, i love this whole thing. Thanks SJD
I just got done reading the Arstechnica article and it’s funny how all the anti-Steele posts end up voted down so there’s not a single one with a positive rating. The tremendous amount of butthurt generated by Judge Wright’s order must be nothing short of phenomenal to get so many trolls repeatedly logging on to vote down the anti-Steele comments.
You mad, bro?
But of even greater note is why Steele is talking so much now but kept his face shut during the trial. Come on, Johnny, we know you’re out there. We know you visit here and you or one of yours is reading this. Why so much trash talking when the judge isn’t in front of you? If you’re in the right, why not sound off in court? Have a case of testicular atrophy or something? That’s okay, though, schmuck. Keep pleading the Fifth. Some of the other Does and I will share a fifth toasting the demise of the copyright troll industry.
Click to access gov.uscourts.cand.251860.65.0.pdf
http://ia600805.us.archive.org/7/items/gov.uscourts.cand.251860/gov.uscourts.cand.251860.docket.html
May is the month that keeps on giving. Seth Abrahams v. Hard Drive Productions, Inc. appeal is grinding through the system.
That qui tam claim is going to look a lot more legit after Wright’s ruling, and with the case before Chen about to blow up in their faces as well, these guys will be notorious in California.
http://myshingle.com/2013/04/articles/trends/prenda-the-law-firm-pretenda-and-lessons-for-the-future-of-law/
Jordan Rushie thinks “Prenda is a competent law firm”:
Jordan Rushie • a month ago:
Also, this opinion is on appeal right now in the D.C. Circuit:
http://www.scribd.com/doc/1025…
If there is one section of law where there is “federal common law” it’s bittorrent litigation. Almost all the authority comes from District Court.
In any case, when I did railroad defense, part of the problem is how national the issues were. There are only a few railroad defense law firms in the country, so it also involved having a law firm directing the litigation by using local counsel. It’s paramount to know the specific issues in railroad litigation.
It’s the same with Prenda and bittorrent litigation. There are only a few law firms that are competent to represent porn companies in intellectual property matters. Prenda is one of them. But due to the nature of piracy, they directed the litigation but had to use local counsel if the client had needs out of state. However, it’s more important to know the issues specific to bittorrent litigation than anything. Like it or not, Prenda is one of the few law firms that knows how to do it, and what the issues are.
I just think it’s very unfair to suggest they are not a “real” law firm. They’ve litigated a ton of cases successfully, and the model was built on the needs of the client.
I love that Heather Rosing pointed out the standard for validating an appellant’s request for a Stay by the District Courts:
(1) whether the stay applicant has made a strong showing that he is likely to succeed on the
merits;
(2) whether the applicant will be irreparably injured absent a stay;
(3) whether issuance of the stay will substantially injure the other parties interested in the
proceeding; and
(4) where the public interest lies.
It’s like an advertisement for why they shouldn’t get a Stay.
1. They are unlikely to succeed based on the fact that their business is built on fraud, which was noted by a District Judge.
2. I don’t think they care about their reputation. There is no way for them to appear the good guy in the scam that they are running. They know that they’re bottom feeders. The people who they extort will not feel any better or worse about them based on this case.
3. A stay will clearly and substantially injure other parties interested, because the settlement letters have not stopped. Prenda, Duffy and the gang continue the very behavior that got them sanctioned. If the Stay keeps other courts from being informed on the scheme being perpetrated by these guys, their is great risk that others could be taken advantage of.
4. Protecting the general public from malicious litigation is in the public interest
Therefore… No Stay.
I just wanted to put this up here in case the a_holes missed it…
“Further, Steele, Hansmeier, Duffy, Gibbs, AF Holdings, Ingenuity 13, and Prenda are hereby ORDERED TO SHOW CAUSE why they have contravened the Court’s order to pay the attorney’s-fee award. The Court hereby imposes a penalty of $1,000 per day, per person or entity,1 until this attorney’s-fee award is paid or a bond for the same amount is posted. This penalty shall be paid to the Clerk of Court on the same day the attorney’s-fee award is paid or the bond is posted. This penalty must be paid unless it is evident that the award was paid or the bond was posted on or before May 20, 2013. Failure to comply will result in additional sanctions.”
there is justice after all
Um . . . What???
Remember @bittorentbull a.k.a. John Steele? It all started peacefully when a million-dollar idea visited the head of bored/chased by flies Bull….
No free lunch, John: the last scene is happening as we speak:
This is great. How very appropriate.