WordPress to fight legally with Prenda subpoena.
Porn-trolling close Prenda Law afresh fabricatedaddition abstract move in a castigating aspersionclothing adjoin its online critics: the close beatifica amendment to Automatic, WordPress ancestorcompany, ambitious a account of all of the IPaddresses that accept visited the anti-trollwebsites DieTrollDie and Action CopyrightTrolls, both of which are powered by WordPress http:// www.andyskipper.com/category/openerp /
Prendas advocate Paul Duffy wrote to Automaticin a letter accompanying the subpoena, "Due tothe emergency attributes of the requestedinformation, it is acute that your alignmentresponds to the amendment immediately.But Automatics General Counsel, PaulSieminski, responded on Friday afternoon with aletter aghast to the subpoena. Shortly thereafter,the Electronic Frontier Foundation arise that itwould accommodate its litigators to adviceaction the subpoena. http:// www.andyskipper.com/category/openerp /
Sieminskis e-mail to Duffy (reproduced by ActionCopyright Trolls) noted,Your amendment is accuratelyamiss and abhorrent for abundant reasons, abundantbelow, and Automatic will not aftermath any abstracts inacknowledgment to this subpoena.Sieminski goes on toaccount 5 procedural violations, from declining to attacha accurate and actual archetype of the Illinois subpoena,to ambitious the after-effects of the amendment beaccustomed over afore the minimum of 20 canicule foracquiescence accept passed, to improperly askingAutomatic to actualize a certificate and to accumulationinformation, rather than appropriately allurement forabstracts from a nonparty. http:// www.andyskipper.com/category/openerp /
The letter: In addition to the numerous legal deficiencies that render the subpoena invalid, it is also objectionable on numerous fronts.• First, it seeks information protected by the First Amendment, including rights under the First Amendment to anonymous speech.• Second, it violates the right to privacy under the California Constitution and common law, in that it seeks information relating to the websites that consumers visited.• Third, it is facially (and outrageously) overly broad, in that it is not limited to information related to any alleged defamatory posts, but instead seeks the identity of any person who ever read the blogs in question.• Finally, it seeks information that is not likely to lead to discoverable information, for the reasons enumerated above. http://www.andyskipper.com/category/openerp/
Yesterday, afore Automattic arise its position, and aforethe EFF stepped in to help, commenters on DieTrollDieresponded to the blackmail of accepting their IPaddresses apparent by Prenda. Several took aconfrontational stance, alms up their abounding namesand addresses in the comments or arduous Prenda tosue them for defamation To whom it may concern: I,John Whitaker, acquiescently accept that I acceptfrequently accessed both the DieTrollDie andFightCopyrightTroll websites back January 1, 2011 andmay even accept acquaint comments. Anycommunications advised for me can be addressed asfollows...the affiche wrote, abacus his abode below. http://www.andyskipper.com/category/openerp/
Others adopted to accomplish the amendmentattending added cool by artlessly abacus their IPaddresses to the account of those Prenda isseeking: Commenter "sorrykb" wrote Is it toobackward to get my IP abode in here? I mactivity larboard out, and "Bill Price" wroteNothing to say. I just capital to get my IP addyon almanac as a commenter rather than just alurker. An bearding commenter artlessly larboardJust capital in on this too. http://www.andyskipper.com/category/openerp/
For now, the amendment looks like it may betraveling nowhere. The assembly of Prenda Laware due in cloister for a audition on Monday,March 11, but endure night a address alike thathad been filed by three chief attorneys of thefirm, allurement the adjudicator for permission toskip the audition because of the backward timingof the adjustment that they arise in court. http://www.andyskipper.com/category/openerp/
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