NO FUCKING BULLSHIT!!
"An actual phone call from New Jersey."
The inquiry to the New Jersey court of the status of the PACER-listed case, to see whether it was filed truly under Copyright Infringement or Electronic Harrassment. You can barely hear the lady's voice on the other end, though.
The inquiry to the New Jersey court of the status of the PACER-listed case, to see whether it was filed truly under Copyright Infringement or Electronic Harrassment. You can barely hear the lady's voice on the other end, though.
posted by BFAnon at 2:07 PM
5 Comments:
an optimistic copypasta:
Cut your hair, take a shower, and go to law school.
I'm rather surprised indeed that this would have been accepted due to many of the inconsistencies. The whole mix up with hal having the stamped documents already is one HUGE issue; another one is the fact that he used the wrong cover sheet, the correct one being a JS44 document (which is supposedly MANDATORY in New Jersey); then there is the issue about his complaint PDF where he already has the docket number and the judge's name, BEFORE he filed the complaint; then also the issue that he has paid the wrong price for a civil pro se case in New Jersey (New Jersey has a $150 fee; in some way, shape, or form; for a pro se litigant - either just the $150 fee, or that on top of the $350 fee civil case fee); then there is the issue of him providing additional copies of his complaint to every defendant, 25 pages for each of 1000 John Does is a lot of paper; and on top of that, the numerous legal errors and mess-ups made in the document itself... The legal system is extremely stringent, and things like this would not be allowed, even from a pro se litigant. Those stack up to quite a list. There could also be a point to be made that it may be illegal in New Jersey to post legal documents (fake or real) as a means of threat or intimidation... that would be an interesting avenue to explore...
For the legal case itself, it is pretty much hopeless. THE RIAA AND THE MPAA SPENDING MILLIONS OF DOLLARS PER LAWSUIT AND HAVE TROUBLE SUBPOENAING A SINGLE ISP FOR THE INFORMATION OF A SINGLE IP. As a public figure he is also liable to parody, that is protected as free speech. Even so, he couldn't find anyone who actually did cross the parody line; let alone prove that they had done it anyways. Since it is a civil case, and he is pro se litigant, most ISPs will pretty much completely ignore him. Then the very specific comments he has made about publishing private information for "street justice" are easily grounds for dismissal of a subpoena. For information on that, look into some of the off-shoots of the witness protection program, and more importantly cases dealing with suspected drug cartels and suspected drug informants. The drug cartel boss of an area would file a baloney case so he can subpoena the person involved in ratting out the works of the organization, the subpoena is denied on the grounds that the person's life would be in danger. Even so, as a copyright case, what exactly is he claiming copyright too? What is he claiming infringement for? A public website is a public website, in that sense anyone who wishes to, can access it. Since it is a copyright case, it no longer falls under the jurisdiction of a possible DDoS law. It also removes any criminal allegations involved (racketeering, fraud, harassment), as civil cases are for resolving money issues only. So I am very uncertain what he is suing over... Then comes the fact that the copyright he has there at the bottom of his site won't hold up for more then around 40 seconds in court, let alone the fact that I believe he has changed it very recently (which could be possible ground for tossing his case out the window).
And this is coming from a LAWYER, not some pimply face 14 year old boy or some greasy redneck; but a practicing lawyer. This case is going nowhere, and hal is just going to keep shoveling money into it. I hope he gets his lulz out of it, we certainly will.
Most of you won't read that since it is rather long, but I hope some of you do and understand just how pointless this really is
One more
I have PACER access. Yes, I can confirm Hal has filed a lawsuit. He also filed a motion for some injunctions that were denied (IANAL myself).
Here 2 documents of interest:
http://tinyurl.com/2evars http://tinyurl.com/22zrhe
and a response
Those are very helpful, thank you.
I'm going to go over those now, and try to figure out what he's trying to do. The judge has already denied and removed almost all of his allegations. Hal was trying to make it a criminal case in some way, but it was the judge who filed it as a copyright case. Hal is fucked already. If I'm reading it correctly (or assuming that the judge added those as he did the other notions), the crossed out sections have already been removed from his complaint.
It's basically already over. Hal currently needs to come up with more information or else it is going to get thrown out of court.
Or I could be just blowing it out my ass, since I don't know the judge.
i'm just doing this for the feel of being useful;)
Wow. This is getting it's own entry. My thanks, Anonymous.
yet another one and i'm done
There is absolutely no need to worry.
1) Hal has filed Pro Se, implying (along with his "financial ruin" statement that he has, essentially, no money, and cannot even afford a lawyer.
2) Not all courts will allow civil cases to proceed Pro Se--so if Hal cannot get a lawyr for the proceedings, well... lolz.
3) Hal will have to subpoena ISPs, the fees for which will DESTROY him.
4) Assuming he does idenitfy people, he'll have to subpoena them to come to New Jersey, and no sane judge won't grant a motion to quash here, so Hal's finances will have to bear the additional burden of meeting you in your jurisdiction.
5) If Hal does post your information, I'm sure you can get some sort of court order to remove it, or sue him for endangering you based on his statements.
6) Even if you DO get dragged into court, Hal'd going to have a devil of a time proving you responsible for 5000 dollars of damages.
7) Remember--he does not have every attacker's IP by their own statements, and their mere use of 7chan if by some total inconceivability he gets the server logs does not ensure him a suit against you.
Oh, and uh... there's always the possibility that though this was filed, the judge throws it out.
Which really doesn't look too unlikely.
Thanks again; I'll edit the new post to include this latest bit.
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