Monday, March 4, 2013

Trolling firm digs deeper hole with defamation suit against critics

Prenda sues man who accused it of identity theft, various Internet commenters.

Last week we wrote about a growing community of online activists who have organized to oppose the activities of pornographic copyright trolling firms. Many of these community members have been targeted by troll lawsuits themselves, and they have created or commented on websites like Fight Copyright Trolls and Die Troll Die to help other victims fight back.
One of the most controversial trolling firms, Prenda Law, has filed a defamation lawsuit against a collection of anonymous online Internet commenters, including at least two we profiled in our story. Also targeted in the lawsuit is Alan Cooper—the man who accused Prenda Law of stealing his identity to use as the CEO of two litigious shell companies—and Cooper's attorney Paul Godfread.
Three lawsuits were filed in Illinois and Florida state courts in mid-February. They were moved to federal court late last week. The complaints are similar, but the plaintiffs are different. One lawsuit was filed by Prenda Law itself. The other two were filed by Prenda attorneys John Steele and Paul Duffy.

“What assclowns they are”

The majority of each complaint is a catalog of allegedly defamatory statements made by various Internet commenters. "Prenda employs a brain-damaged attorney," reads one comment to a post on Die Troll Die. "It is hardly a surprise to those who follow Prenda and other trolls: cockroaches tend to explore cracks in the floor (in this case, the floor of the US judicial system)," wrote SJD, the owner of Fight Copyright Trolls, in a January post.
In another case of alleged defamation, Fight Copyright Trolls reader James Donnaught commented on Prenda's alleged habit of regularly adopting new corporate identities: "Too many of the marks were Googling 'Prenda' and discovering what assclowns they are. Not good for business. Am I the only one wondering if they plan to keep changing their skin every year, just as the annual report comes due?"
"These are the kind of people who would rob their families blind if it suited their ambitions," wrote reader SaveADoeStarveATroll on a Fight Copyright Trolls post. "A few decades ago, Psychologist would be diagnosing these clowns as Criminal Psychopaths... This is the same psychosis that drives people like Bundy and Dahmer."
Fight Copyright Trolls reader CTVic described the Prenda attorneys as "just a bunch of bumbling idiots playing a massive game of 'Who's on first?'"
In Prenda's view, all of these authors and commenters on Fight Copyright Trolls and Die Troll Die are guilty of libel. But Prenda's critics aren't scared.
"I stand by everything I wrote," said SJD in a Monday post. "Maybe the words I have chosen were overly emotional, but everything I said has been based on provable facts and good faith. In addition, I never tried to smuggle my opinions as facts."
"This country is still a world leader in free speech, and I hope that the outcome of these lawsuits will only strengthen my and many others’ pride," SJD wrote.
The anti-troll activist DieTrollDie also stands by his comments, according to a comment on SJD's post. He was mentioned by name in the Prenda complaints. "It was done in good faith with the available information and facts," he wrote. "Their actions speak louder than words and they paint the picture I try to make available so others can make their own decisions."
Filing a defamation lawsuit is a high-stakes gamble for Prenda. Alleging that the defendants have made false and defamatory statements gives those defendants the right to seek documentation from Prenda to determine whether the statements are, in fact, false. If Prenda's critics are right that the firm has been engaging in ethically questionable activities, Prenda's own lawsuit could become a vehicle for revealing evidence confirming those accusations.
Of course, Prenda may be running out of options. Next week, Prenda attorney Brett Gibbs is scheduled to appear in a Los Angeles federal court to explain why he shouldn't face sanctions related to Alan Cooper's identity theft accusations. Perhaps Prenda has calculated its dirty laundry was going to come out one way or the other, and it was better to stay on offense.
We attempted to contact Prenda by phone and e-mail for a comment but have not yet heard back. We will update the story should this change.

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