While the Cashman Law Firm, PLLC and its clients were celebrating “freedom,” I am sure some of my readers will be wondering the fate of Prenda Law Inc. / Steele Hansmeier, PLLC / John Steele / Paul Duffy / Mark Lutz / Brett Gibbs et al. after their hearing today before Judge Wright. Today was the big day where the world of those who have been injured by Prenda Law Inc.’s activities looked on to see their demise.
In sum, the hearing was short, and John Steele and his “gang” showed up as they were ordered to, but they decided to plead the Fifth Amendment to the United States Constitution rather than answer Judge Wright’s questions. As a result, the judge did not allow them the pleasure of “pleading the fifth” as he appears to have no interest in lawyer gamesmanship. Thus, after 12 minutes, he walked off the bench and ended the hearing.
While there was no immediate gratification for those who flew over to attend the hearing, in my opinion, “Popehat” described their fate better than I ever could:
“Prenda Law may still be standing. But it’s dead.”
I would be very surprised if I saw any further activities coming from this law firm. I expect that in a few days (if not sooner), Judge Otis Wright will write an order which will make any copyright troll shake in their boots, and it is my hopes that this order will serve as a warning shot to any of the other copyright trolls who go after individual downloaders using the tactics and corporate structures that Prenda employed.
It is my opinion (although I *am* still cautious until I actually see Judge Wright’s order,) this will likely be the end of Prenda Law Inc., John Steele, and Paul Duffy, as I expect that this will evolve into inquiries which will endanger their law licenses. I don’t think we’ll see the end of them, per se, as it is not so difficult to find a hungry lawyer who will agree to have his hand held while he lets others practice under his law license in the shadows.
On the other hand, I believe the result of this case (and Judge Wright’s influence over the the future penalties of unlawful copyright enforcement tactics) will force the bittorrent cases to evolve from its current state (which comprise mere pre-trial settlement “or else” tactics) to actually taking clients to court on the merits. Also, while the inquiry in this case surrounded plaintiff copyright trolls who “invent” corporate figureheads, who seem to falsify copyright assignment documents, and who structure their business tactics to allow their activities to proceed with limited affects on the attorneys furthering their scheme) no doubt, this will be a damaging blow to those copyright holders who try to enforce their copyrights against individual downloaders.
Articles on the topic:
Forbes: Porn Copyright Lawyer John Steele, Who Has Sued More Than 20,000 People, Is Now The One In Legal Trouble
ArsTechnica: Prenda lawyers take Fifth Amendment; judge storms out: “We’re done” — Those in attendance describe Judge Otis Wright as “incandescently angry.”
TechDirt: Team Prenda Shows Up In Court, Pleads The Fifth… Angry Judge Ends Hearing In 12 Minutes
TorrentFreak: Prenda Copyright Trolls Plead the Fifth
Fight Copyright Trolls (SJD): Prenda trolls appear in Judge Wright’s courtroom only to plead the Fifth. Furious judge ends the hearing after 12 minutes
ArsTechnica: Judge smash: Prenda’s porn-trolling days are over
Popehat: Prenda Law’s Attorneys Take The Fifth Rather Than Answer Judge Wright’s Questions
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