wordpress to fight legally

7/29/2019 WordPress to Fight Legally

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WordPress to fight legally

with Prenda subpoena.


2/8

Porn-trolling close Prenda Law afresh fabricatedaddition abstract move in a castigating aspersionclothing adjoin its online critics: the closebeatific a amendment to Automatic, WordPressancestor company, ambitious a account of all ofthe IP addresses that accept visited the anti-trollwebsites DieTrollDie and Action Copyright Trolls,

both of which are powered by WordPress

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3/8

Prenda's advocate Paul Duffy wrote to Automaticin a letter accompanying the subpoena, "Due tothe emergency attributes of the requestedinformation, it is acute that your alignmentresponds to the amendment immediately.

But Automatic's General Counsel, Paul Sieminski,responded on Friday afternoon with a letteraghast to the subpoena. Shortly thereafter, theElectronic Frontier Foundation arise that it would

accommodate its litigators to advice action thesubpoena.



4/8

Sieminski's e-mail to Duffy (reproduced by ActionCopyright Trolls) noted,Your amendment is accuratelyamiss and abhorrent for abundant reasons, abundantbelow, and Automatic will not aftermath any abstracts inacknowledgment to this subpoena.Sieminski goes on to

account 5 procedural violations, from declining to attacha accurate and actual archetype of the Illinois subpoena,to ambitious the after-effects of the amendment beaccustomed over afore the minimum of 20 canicule foracquiescence accept passed, to improperly asking

Automatic to actualize a certificate and to accumulationinformation, rather than appropriately allurement forabstracts from a nonparty.



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The letter:

In addition to the numerous legal deficiencies that render thesubpoena invalid, it is also objectionable on numerous fronts.

First, it seeks information protected by the First Amendment,

including rights under the First Amendment to anonymous speech. Second, it violates the right to privacy under the California

Constitution and common law, in that it seeks information relatingto the websites that consumers visited.

Third, it is facially (and outrageously) overly broad, in that it is notlimited to information related to any alleged defamatory posts, but

instead seeks the identity of any person who ever read the blogs inquestion. Finally, it seeks information that is not likely to lead to discoverable

information, for the reasons enumerated above.



6/8

Yesterday, afore Automattic arise its position, and aforethe EFF stepped in to help, commenters on DieTrollDieresponded to the blackmail of accepting their IPaddresses apparent by Prenda. Several took aconfrontational stance, alms up their abounding namesand addresses in the comments or arduous Prenda tosue them for defamation To whom it may concern: I,John Whitaker, acquiescently accept that I acceptfrequently accessed both the DieTrollDie andFightCopyrightTroll websites back January 1, 2011 andmay even accept acquaint comments. Any

communications advised for me can be addressed asfollows...the affiche wrote, abacus his abode below.



7/8

Others adopted to accomplish the amendmentattending added cool by artlessly abacus their IPaddresses to the account of those Prenda isseeking: Commenter "sorrykb" wrote Is it too

backward to get my IP abode in here? I mactivity larboard out, and "Bill Price" wroteNothing to say. I just capital to get my IP addyon almanac as a commenter rather than just alurker. An bearding commenter artlesslylarboard Just capital in on this too.



8/8

For now, the amendment looks like it may betraveling nowhere. The assembly of Prenda Laware due in cloister for a audition on Monday,

March 11, but endure night a address alike thathad been filed by three chief attorneys of thefirm, allurement the adjudicator for permissionto skip the audition because of the backward

timing of the adjustment that they arise in court.

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