Prenda Lawyer Says Georgia Court Should Ignore Judge Wright's Order Because... Look! Hackers!

from the great-moments-in-lawyering dept

Remember Jacques Nazaire? He's the local counsel for Prenda in a case in Georgia who was trying desperately to get the judge there to ignore Judge Wright's order in California, which lays out how Prenda's lawsuits are highly questionable, and likely against the law. He was so desperate that he said the judge should ignore the ruling in California because California recognizes gay marriage, among other differences, despite that having nothing to do with anything related to the actual case (which covers federal copyright laws, rather than state laws, and which was filed in the case to provide additional background, rather than as any sort of binding ruling).

Well, it appears that Nazaire seems to believe that if he just keeps telling the court crazier and crazier things, perhaps it will ignore Judge Wright's ruling. The latest filing tries, once again, to give the judge in Georgia a reason to ignore Judge Wright's ruling, but again it doesn't make much sense. The filing is rambling and somewhat wacky, seemingly trying to argue that, even though Prenda and AF Holdings are implicated in both cases, they're completely and totally unrelated. He also seems to argue that these filings are just designed to rack up higher billing fees. Note, for example, the slightly paranoid use of capital letters:
That motion was NOT written by the undersigned; nevertheless the defense has filed it in THIS docket apparently for two reasons. 1) to bill for the same and 2) to give THIS Court the impression that either the undersigned or a friend of his drafted and filed the same.
But where it gets really wacky is when Nazaire just starts tossing in totally random claims about hackers:
Why would the defendant in this case file a copy of a motion (ECF No. 31, Defendant’s Exhibit B) from the California case and into THIS docket when that motion has nothing to do with this case?

The undersigned does not know the answer to that question. However, it must be noted that defendants (not the one herein) in these types of cases, typically employ various crafty and intimidating schemes against prosecutors and plaintiff’s attorneys. A newspaper article mentioning other types of intimidation is attached hereto as Plaintiff’s Exhibit A.
What is Exhibit A, you ask? Why it's a random story about hackers claiming to be a part of Anonymous hacking into Paypal. What does that have to do with anything? The answer is nothing.

Here's what I find most incredible about Nazaire's line of reasoning. It is basically "please ignore this other case where the same companies that I'm working for have been called out for fraud on the court, because that's totally unrelated, even though they're the same companies" while at the same time saying "we can't trust anything the defense says because, hackers! And, as proof, here's a random totally unrelated story about hackers."

He goes on to suggest that these hackers are after him, because some moron sent him a stupid email.
Furthermore the undersigned has been personally harassed by these types of defendants (not the defendant in this instant case nor the individuals listed in Exhibit A) because of THIS case alone. (Please see Plaintiff’s Exhibit B attached hereto).
Exhibit B is a silly email from someone using the email address "evilpiratemonkey@gmail.com" saying:
You are about it get justifiably screwed by the justice system.

It's nice to see.

You aren't very smart, are you?
Of course, this is a stupid email by whoever sent it, but it's hard to see how that's necessarily "harassment," nor does it show that the person who sent that email is one of "these types of defendants." It's just a stupid email from someone mocking Nazaire (the email address should have been a giveaway on that front).

Either way, if I'm the judge in this case, each of these filings only makes me more interested in whatever must be in Judge Wright's order...






Reader Comments (rss)

(Flattened / Threaded)

  •  
    identicon
    Anonymous Coward, May 23rd, 2013 @ 11:20am

    Thank you Prenda! You've provided me with tons of FREE entertainment.

    They never fail to deliver!

     

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  •  
    identicon
    Anonymous Coward, May 23rd, 2013 @ 11:22am

    They say that a thousand monkeys typing randomly on a typewriter would eventually be able to produce the works of Shakespeare.

    Maybe this monkey thinks that he can take the same approach to litigation?

     

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  •  
    identicon
    Anonymous Coward, May 23rd, 2013 @ 11:30am

    "even thought they're the same companies"

    even though, not thought.

     

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  •  
    identicon
    Julian Perez, May 23rd, 2013 @ 11:37am

    This strategy makes sense

    If you consider that what they're trying to do is construct a narrative all these bad things are happening to the Prenda people because they're Copyright's Greatest Heroes, and their opponents are anarchists who despise copyright law.

    To them, the only real reason you could ever despise their obviously criminal endeavor is because you're a filthy pirate downloading on the sly.

    This has a basis in truth: I despise people using existing copyright law, using the courts as a type of extortion scheme, the majority of which are totally innocent people who settle not out of guilt but because it's more convenient than legal fees.

    What you have to remember is this: the Prenda people aren't "bad lawyers" or a single aberration. They are able to do what they do as a direct result of outrageously backward copyright law.

    What's interesting about the Prenda people's worldview is this: they view themselves as defenders of copyright law. They see themselves the same way that the wild-eyed fanatics at Copyhype do, or other blogs run by people without knowledge of economics or technology...as defenders of the law, unfairly railroaded and persecuted by "scary" tech types.

    Have a look in the mirror, trolls, and luddites like Terrence Hart or Devin Hartline. These guys aren't an aberration - they're YOU.

     

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    •  
      icon
      Josef Anvil (profile), May 23rd, 2013 @ 11:58am

      Re: This strategy makes sense

      "What you have to remember is this: the Prenda people aren't 'bad lawyers' or a single aberration."

      Ummm yeah, I agree. Extortion and Fraud make them criminals and they should be dealt with as such.

       

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  •  
    identicon
    Loki, May 23rd, 2013 @ 11:37am

    Why would the defendant in this case file a copy of a motion (ECF No. 31, Defendantís Exhibit B) from the California case and into THIS docket when that motion has nothing to do with this case?

    Might have something to do with the fact that Judge Wright ordered it to be so? Why does it seem that most of the people on team Prenda struggle so much with simple reading comprehension (not to mention simple logic)? And how in the hell did these people manage to pass the bar?

     

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    •  
      identicon
      Anonymous Coward, May 23rd, 2013 @ 11:53am

      Re:

      I'm sure they have perfectly good reading comprehension skills. They're just hoping others don't have the same.

       

      reply to this | link to this | view in chronology ]

  •  
    icon
    That Anonymous Coward (profile), May 23rd, 2013 @ 11:43am

    I'm guessing it must be all my fault...

    I am the loudmouthed gay guy with the word Anonymous in his nym calling this tragic moron an idiot and his bosses scammers.

     

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    •  
      icon
      DannyB (profile), May 23rd, 2013 @ 11:48am

      Re:

      You do not need to have "Anonymous" in your nym in order to be a loudmouthed gay guy that calls Prenda lawyers idiots and their bosses scammers.

      My nym doesn't have "anonymous" in it.

       

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      •  
        icon
        dennis deems (profile), May 23rd, 2013 @ 12:46pm

        Re: Re:

        I'll join this conga line :)

         

        reply to this | link to this | view in chronology ]

      •  
        icon
        That Anonymous Coward (profile), May 23rd, 2013 @ 8:41pm

        Re: Re:

        Well he filed something to claim it was all because of gay marriage, then he filed something blaming it all on Anonymous... I'm pretty much the poster child for that when it comes to Prenda... (see the exhibits in the defamation cases and I'm quoted a few times in the actual filing.)

        Maybe the 'fame' went to my head?

         

        reply to this | link to this | view in chronology ]

    •  
      identicon
      Julian Perez, May 23rd, 2013 @ 11:48am

      Re:

      Wait...are you serious? The evilmonkey guy is you? I see you on like, every blog ever, but this is "becoming a part of the story."

       

      reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, May 23rd, 2013 @ 11:46am

    Maybe he's just freaking out?

    I'd be pretty spooked too if an evil pirate monkey with 1337 h@x0z 5ki11z started emailing me.

     

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  •  
    icon
    GMacGuffin (profile), May 23rd, 2013 @ 11:58am

    Chewbacca Defense

    Pure and simple.

     

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    •  
      icon
      dennis deems (profile), May 23rd, 2013 @ 12:44pm

      Re: Chewbacca Defense

      Logged in to say this but you beat me to it. Look at the monkey!

       

      reply to this | link to this | view in chronology ]

    •  
      icon
      Franklin G Ryzzo (profile), May 23rd, 2013 @ 12:46pm

      Re: Chewbacca Defense

      I humbly request that the Chewbacca Defense now be called the Nazaire Defense. I feel Chewbacca and Wookies in general are disparaged by the original naming, and that they would provide a significantly better defense... albeit one of laser crossbows and being beaten with droid arms.

       

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  •  
    icon
    cosmicrat (profile), May 23rd, 2013 @ 12:01pm

    Look...

    Squirrel!

     

    reply to this | link to this | view in chronology ]

  •  
    icon
    Anon E. Mous (profile), May 23rd, 2013 @ 12:09pm

    Does Prenda hire there Lawyers from Craiglist or something? This guy perfectly fits Prenda's modus operandi perfectly.

    Lets have a checklist of his submission:

    1) Submit arguments and exhbits that have nothing to do with case at hand. Check

    2) Take Federal Judge's order filed with the court that involves Prenda case and deny that it relates to said Prenda case. Check

    3) Blame opposing council for difficulties in arguing said case. Check

    4) Ask Judge to ignore submissions by anyone not affiliated with Prenda. Check

    By chance before he became a lawyer , was he entertaining at kids parties and making balloon animals and honking a horn while wearing big red floppy shoes? Just curious.

     

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  •  
    icon
    GeneralEmergency (profile), May 23rd, 2013 @ 1:04pm

    Announcing the next EXHIBIT B contest!!!

    .

    Hi there Boys and Girls!

    Why let EvilPirateMonkey@gmail.com have all the fun and glory? You too can get included in Jacques Nazaire's next wacky court filing just by dashing off a hastily composed missive.

    Here's all you need to do:
    1) Think up crazy or insulting or even completely factual stuff.
    2) Email it off to Jacques Nazaire.
    3) Sit back and bask in the resulting fame.

    Just think about it! You could be the very next winner* like EvilPirateMonkey@gmail.com in the hilarious Prenda Circus of Copyright Litigation Shame!


    (*Contest not legal in Rhode Island and Cochise County, Az.)

    .

     

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  •  
    icon
    Nastybutler77 (profile), May 23rd, 2013 @ 1:10pm

    I'd say the Plaintiff's Exhibit B was pretty accurate. Or perhaps prescient.

     

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  •  
    icon
    apauld (profile), May 23rd, 2013 @ 1:22pm

    I'm beginning to think that I've been mispronouncing "Jacques" for many years. Always thought it was /jak/ turns out it is pronounced /jak as/.

     

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  •  
    identicon
    Anonymous Coward, May 23rd, 2013 @ 2:13pm

    At this point that wall he is aiming at is covered in hyper-non-sticky coat already.

     

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  •  
    identicon
    Lucy, May 23rd, 2013 @ 2:53pm

    So he is trying to get the judge to ignore any information on Prenda by saying "Here look at some mug shots of random hackers." Also, ďAn internet stranger sent me an email."

    Very compelling arguments indeed. Is he billing for these shenanigans?

    He forgot to include pictures of his dinner and a status update.

     

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  •  
    icon
    Squirrel Brains (profile), May 23rd, 2013 @ 3:05pm

    It would be funny if the author of Exhibit A sued Jacques Nazaire for copyright infringement for reproducing the entire article (I jest... mostly...).

     

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  •  
    icon
    sophisticatedjanedoe (profile), May 23rd, 2013 @ 3:15pm

    For the record, I'm very sympathetic to those 14, mainly due to a huge disproportionality of the punishment they have been receiving (even before the trial or judgement).

    So I just made a gift to Nazaire: next time you, Jacques, can build your pleading on the fact that the owner of a blog critical to your (fake) client and your scumbag masters expressed sympathy to evil hackers.

     

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  •  
    identicon
    Zem, May 23rd, 2013 @ 3:29pm

    Extend the hand of friendship.

    These guys need our help. It's time we extended the hand of friendship and remind them of the excuses that always worked in the past. I will go first.

    "Your honour, the dog ate my motion"

     

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  •  
    identicon
    Anonymous Coward, May 23rd, 2013 @ 6:34pm

    The best and brightest of copyright enforcement, ladies and gentlemen.

    average_joe and horse with no name just hate it when due process is enforced.

     

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    mac insand (profile), May 23rd, 2013 @ 7:11pm

    Nazaire needs to keep on filing

    There are a couple of reasons that Nazaire needs to keep this up. One is that we get entertainment from seeing which variant of the Chewbacca defense he tries next. After the gay marriage and Paypal hacker defenses, what's next? The other reason is that there might be a handful of attorneys that were drunk at the bar during his past filings, and additional meandering, reason-free, antilogical missives like this will eventually guarantee that there is no-one in the legal field unaware of his incompetence.

     

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  •  
    icon
    That Anonymous Coward (profile), May 23rd, 2013 @ 9:00pm

    One would hope that the court would look on this filing and issue the needed bench slap.

    He is hoping to mislead the court in order to make them sympathetic to his plight, and ignore how he and his employers have been violating the law.

    Oooh he got 1 email. Isn't this the same fellow who about shit himself when his emails were submitted to the court? Did he get permission from the sender? Or are his rules different each time?

    How many harassing letters has Pretenda et al send out?
    How many harassing phone calls have they made?

    You pound on your military record, you pound on but but but gays, you pound on but but but hackers... you should go pound sand you moron.

    You either placed or answered an ad on Craigslist to get into this case to make money. This leads people to make judgements about your skills. Your filings confirm those judgements as maybe not being harsh enough.

    You have no case and wasting the courts time should be punished.

    And the person who emailed you is right, you aren't very smart, are you. Had you actually been harassed (by the way Gibbs tried the whole they are picking on me trick as well and he had cancer on his side and failed with this gambit) you would file an actual complaint. An actual complaint would let you attempt to get the records to locate your single email sending harasser. Unless of course you already know who created and sent that email and have no need to investigate further. Your bosses forged documents and carried out fraud on the courts, to think for a second an unverified email that you refused to investigate counts as evidence assumes the Judges are as gullible as you. Bonus points for not posting the whole headers, it makes it much harder for anyone to take you seriously.

    You really aren't very smart are you.

     

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  •  
    icon
    sophisticatedjanedoe (profile), May 24th, 2013 @ 11:41am

    Defendant, through Blair Chintella, replied to Nazaire's bizarre pleading. Translation from Legalese:

    Exhibits A & B: WTF??


    Also, Chintella tweeted that the sanction motion hearing is set to June 20, 2013.

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, May 27th, 2013 @ 7:53am

    I suspect that if you followed the IP address of the evilpiratemonkey email it would lead to Jacques place.

     

    reply to this | link to this | view in chronology ]

  •  
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    abiyramanado, Jul 30th, 2013 @ 10:17pm

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