So lets look at the last ditch effort.
Lets use a State court for a round the way copyright case.
Lets not mention our expert (IIRC) is also the person who missed seeing the systems he ran being hacked for months.
Lets use the new company name and have Duffy sign, because all of the other names are shot if they google.
Their day of reckoning needs to come much faster and end these threats.
Oh and Mike - I still am curious what reports that at the time seems outlandish and now look factual.
"We need not address here whether or how the doctrine of patent exhaustion would apply in such circumstances."
Because we can't without looking more foolish. We have to make different rules for different things at different times depending on who will benefit, rather than address the idea of patent exhaustion and issue a clear ruling.
"It is utterly improper to bring proceedings for the sake of abusing the defendant—absent belief that you will ultimately prevail."
Any case brought forward by Prenda, USCG, Evan Stone... the list continues
Run down the list of stories here at TechDirt and you can find a long list of cases being used to punish and/or harass using "interesting" versions of the law to support the claims.
Prenda has been handed lists and lists of names by courts who never took the simple step of limiting their use of them once the Doe cases were dismissed for failure to serve. It appears the single time a court told them to not use the list of names they filed named cases in another district.
What you imagine should be happening, does not happen.
People with money and power are routinely removed from the lists trolls pursue, by their own admission. Because they could fight back and expose the scam.
Prenda did not get here in a month, this has been going on as the world turned a blind eye to people being crushed by a legal system all to willing to give their names to lawyers who routinely managed to never name anyone in court, unless they thought they could get a default.
"Intent to impair the public confidence in the upright intentions of said court, and to bring odium upon the court, and especially with intent to impress the public mind, and particularly many litigants in this court, that they are not to expect justice in the cases now pending therein."
As there appears to have been pressure on other Judges in the district to support rulings not in the interest of justice, the ignoring the courts duty to make sure it actually has jurisdiction over people facing it, disallowing any challenge by people to protect their data being released by a court so far removed from their home because they are not a party to the case seeking their information, and the hand wringing that defendants should have been doing more than the law requires them to...
Note I said some sort of punishment, not impeachment. While I am very familiar with the cases, not familiar with all of the ins and outs of the Judicial system.
As it appears she makes rulings based on her former position lobbying rather than on the rule of law, one really needs to wonder is this someone we can trust to be the impartial figure at the head of trials?
I know of at least 1 Judge who recused herself from a case because she held stock in a company with a similar name to a plaintiff, but to avoid anyone questioning she removed herself from the case.
They use xbiz and other places to spew forth singing their own praises. They post on forums used by the porn company people. They aren't worried about getting good press with everyone else, they are worried about finding more clients.
I am very familiar with Judge Howell.
This is the Judge who didn't care that she lacked personal jurisdiction over the people targeted in her court.
This is the Judge who went on the record complaining that ISPs and users had to do more to protect copyrightholders, ignoring that there is nothing in the law to support that view.
There are other oddities to come out of her district as well where it is suspected she applied pressure to other Judges to reverse decisions they made to allow discovery and such. There is a reason DC was such a popular district for Trolls.
One hopes after her decision is reversed she gets some sort of punishment for her behavior in these types of cases.
This keeps getting worse and worse...
As SJD reported Duffy is still sending out letters from the newest incarnation of their shell game of firm names seeking payments and they flat out plainly say they will call the targets neighbors asking if they are responsible for downloading the porn on your account...
Isn't it time that someone actually stops them from extorting the long list of names they have obtained by defrauding the courts? This is one of those times when Justice needs to move faster to protect citizens.