by Mike Masnick
Wed, Mar 6th 2013 3:27pm
by Mike Masnick
Wed, Jan 30th 2013 12:41pm
from the cut-and-run dept
In one case involving Ingenuity 13, Prenda was represented by lawyer Brett Gibbs. Opposing lawyer Morgan Pietz asked Gibbs to confirm whether or not Ingenuity 13's Alan Cooper was a different Alan Cooper than Steele's caretaker, leading to a ridiculous conversation in which Gibbs played dumb and refused to answer the simple question. Pietz than took the issue to the court, who ordered Gibbs to answer some questions about Cooper. Gibbs' response was to claim that the judge should be thrown off the case for bias. Since that failed, Gibbs has moved onto the next strategy.
Simply try to walk away. He filed a notice saying he was dismissing the case (though he could file it again at some point). Effectively, he's trying to cut and run before having to answer those questions about Alan Cooper. Of course, in a situation where he should be trying to get out of court as quietly as possible, he chose, instead, to give the judge the equivalent of the middle finger: whining that he was dropping the case because the judge had made it "futile" to continue.
Plaintiff maintains its contention that it is factually impossible to identify a John Doe through an IP address without obtaining ISP subscriber information; as such, Plaintiff now dismisses this action without prejudice in order to avoid the futility of attempting to litigate these cases under such circumstances.Of course, that's got nothing to do with anything. Gibbs appears to not want to answer the questions. Unfortunately, he may not be so lucky. After the case was already dismissed, the judge ordered a status report, and a future conference, concerning the questions raised by Pietz.
As a lawyer explained to the Fight Copyright Trolls site, it appears that, while the judge can't stop the case from being closed, he can still continue this line of exploration:
...the Judge retains authority/jurisdiction as to all remaining collateral issues such as sanctions as well as potential inappropriate conduct of counsel/parties. I believe that since the discovery order was issued after the dismissal, it is likely that the Court sees the dismissal as potentially motivated to hide inappropriate conduct or even perjury etc… Technically the judge could still allow discovery on the Alan Cooper issue or even order Gibbs or Steele or even “Alan Cooper” to appear and testify. If they refuse, the court can invoke its plenary contempt power. That’s when the ____ hits the fan.We'll see where this goes, but Gibbs trying to sneak out on answering the questions, while at the same time whining about it to the judge, just seems to be him asking for trouble.
by Mike Masnick
Tue, Jul 3rd 2012 4:45pm
from the put-down-the-popcorn dept
Update: Carreon is apparently declaring victory, claiming that the lawsuit gave him what he wanted. Uh, yeah. He sued to make sure that Matthew Inman and IndieGoGo did exactly what they said they were going to do... and then when they did exactly what they promised to do, he claims that's a victory? At best, he did two things: had Inman limit the donations to just two charities rather than four, and made Inman take some of his own money out of the bank to photograph it (as promised) for Funnyjunk, rather than use the actual money raised during the IndieGoGo campaign. If his goal there was to force that to prevent embarrassment I don't see how that's a victory. Does anyone honestly believe that Carreon came out of this with a better reputation than if he'd just let the original plans happen? Carreon could still face requests for legal fees from those he sued, though it wouldn't surprise me if they all just dropped it. Carreon seems to think the newfound attention he's received is a good thing, which just shows how completely out of touch he is. As Ars Technica notes:
But if the defendants pursued attorney's fees, the attention might be worth it for Charles Carreon. After asking for comment on his voluntary dismissal of charges, Carreon lilted over the phone, "I'm famous, I'm notorious." Which, from the looks of it, is exactly what he wants.There are times that it's worthwhile to be notorious. And there are times that it's not. This is the second one.