Frustrating. Bellwether has lost its bell and is confusingly standing under the rain, a miserable castrated sheep that does not lead anyone anywhere anymore.
The following was stipulated during today’s hearing in Judge Baylson’s chambers: there will a bench trial (no jury), which will start (and most likely end) on Monday, June 10, 2013. It seems that the case is essentially settled, only a few unresolved issues are left (the exact amount of money, given the statutory and stipulated ranges). As Raul emotionally put it in a tweet,
Dammit! Bellwether was settled the same way you would a fucking slip and fall case. Nothing was determined, nothing was gained. #sad
— Raul (@Raul15340965) June 7, 2013
In all the fairness, defendants must share the blame for this epic failure. To the best of my understanding, Judge Baylson did want to destroy Lipscomb’s “business model,” hinting and almost guaranteeing the recovery of attorney fees for those defendants who would do it right. Alas, they didn’t. Doe 16’s alleged perjury is the worst thing that could happen. I’m still not sure if it is true, but if it is, it is much worse than admitting the smut-sharing. In the latter case, it is still possible to save face, fight for the cause, and prompt the condemnation of copyright trolling (and possibly reduce the fine to a reasonable level).
|Listen the audio transcript of today’s hearing on SoundCloud (you can also download it from there).|
I don’t have any desire to comment on what happened today: too frustrated. One thing keeps me going: a year ago I was similarly depressed looking at Prenda’s relative success. We know where Prenda is now. Although today Lipscomb tried to distance himself from “copyright trolling” (and Prenda in particular: ~20:00 of the audio), his words have little value: in my opinion, Lipscomb’s extortion enterprise is worse than Prenda’s, the harm he and his “clients,” greedy pornographers, inflicted upon the society is immeasurable. It was not easy to defeat Steele & Co. It will be more difficult to get rid of the substance that has been clogging the plumbing of the judiciary, a hairball named M. Keith Lipscomb, but sooner or later we will wash this parasite away, no doubt.
DieTrollDie has posted a great analysis of this event: PA Bellwether Case — Recap Of The 6 June 2013, Hearing.