Battle Stations! – Prenda Law Sends WordPress An Overly Broad Subpoena For Information On Who Accessed DTD & FCT

9 March 13 Update

Previously the Legal department at WordPress (Automattic) promised to review the subpoena from Prenda Law prior to taking any action.  True to their word, they conducted their review.  On 8 Mar 13, WordPress sent word to Paul Duffy that they were not going to honour it for the following reasons.

  • Violation of CA Civil Code Sections 2029.350 and 2029.390 – Not on the proper form for a subpoena for production of business records in an action pending outside of California (Illinois), as well as not attaching a true and correct copy of the IL subpoena.  Prenda also violated the instruction of the subpoena when they asked that the business records be sent to them and not and not to the clerk of the court as required.
  • Violation of CCP Section 2025.250 – The subpoena purports to require production of business records in Chicago, Illinois.
  • Violation of CCP Section 2029.350(b)(4) – The subpoena was issued in Marin County, CA, when the discovery is to be conducted in San Francisco County, CA.
  • Violation of CCP Section 2020.410 – The subpoena was issued on 22 Feb 13, with a demanded compliance NLT 4 Mar 13; CCP Section 2020.410 requires a minimum of 20 days to respond to a subpoena.
  • Prenda Law Inc., improperly asks WordPress to create a document and to supply information, rather than properly asking for documents from a non-party.
  • The subpoena seeks information protected by the First Amendment, including rights to protect anonymous speech.
  • The subpoena violates the right to privacy under the California Constitution and common law, in that it seeks information relating to the websites that consumers visited.
  • The subpoena is “outrageously” overly broad, in that it is not limited to information related to any alleged defamatory posts (from Does 1-10).  It wants the public IP address of anyone who ever read the blogs in question.
  • Lastly, it seeks information that is not likely to lead to discoverable information, for the reasons enumerated above.

It warms my heart to see that people and organizations take the time to review a request such as this and not just pass the buck.  Thank you WordPress.

DieTrollDie :)

——————————————————————————————————-

As mentioned by Fightcopyrighttrolls.com and others (Thank you all), Prenda Law Inc., is making a flailing attempt to salvage their cases.  Fightcopyrighttrolls article  Today I finally received a copy of the subpoena that was sent to WordPress.

Automattic(WorPress)Subpoena_Prenda

I expected it to be specific in its request for information on DieTrollDie.com, Fightcopyrighttrolls.com, and the eight posters of comments to our sites.  Well in true Prenda fashion, they are asking for this.

WPSub1

Really!  Where do you (Prenda Law Inc.,) think you can reasonable get the IP addresses (as well as date/time) of ALL people who accessed Fightcopyrighttrolls.com and Dietrolldie.com since 1 January 2011!

A reasonable request (if you even had the legal justification for it) would have been for the specific post and comments you referenced in you complaint.

As I stated, this is a sad attempt to prevent the China Syndrome that Prenda Law Inc., has brought on themselves.  Please take a read of the transcript for the 19 Feb 13, deposition of Paul Hansmeier, Prenda Law, Inc.   Even if you can only read a small portion of it, you will see how evasive Paul Hansmeier is to any simple straight forward questions concerning AF Holdings LLC.   PHanmeier_Redac_Trans_08333(CA)   Unbelievable!

Note: the two remaining cases are in the process of being removed to the Federal courts, but WordPress could release this information.  I’m working to prevent this.  Notice:  I don’t know if WordPress will laugh at this overly broad request.  As there is a possibility that a release could occur, the public IP address (date/time stamp) could fall into the hands of Prenda.  I would expect that they would then try to cross-reference the IP address with their list of alleged BitTorrent infringement IP addresses.

If you have ever gone to this site or Fightcopyrighttrolls.com since 1 January 2011, you may want to contact WordPress and tell them you want them to refuse this overly broad request and at least wait until the issue of the case being removed to the Federal court is answered, before releasing ANY information.  As of posting this I have been informed that the case has been removed to the Federal court.  I will post more details as I get them.

Thank you.

DieTrollDie :)  “Some ships are designed to sink… others require our assistance.”  ;)

About DieTrollDie

I'm one of the many 'John Does' (200,000+ & growing in the US) who Copyright Trolls have threatened with a civil law suit unless they are paid off. What is a Copyright Troll? Check out the Electronic Frontier Foundation link - http://www.eff.org/issues/copyright-trolls
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99 Responses to Battle Stations! – Prenda Law Sends WordPress An Overly Broad Subpoena For Information On Who Accessed DTD & FCT

  1. Pingback: Copyright Trolls to Judge: Nope! We’re Not Coming to Scary Hearing | We R Pirates

  2. Pingback: Copyright Trolls to Judge: Nope! We’re Not Coming to Scary Hearing | Best Seedbox

  3. Pingback: #breakingnews Prenda Law wants IP address of every anti-troll blog reader |

  4. Charles says:

    I would hate to think that my IP address might not have been logged so: HI!

  5. wycks says:

    Hello Prenda , my IP is over there ————–>

  6. Raul says:

    Fantastic news, your post says it all!

  7. Csand says:

    Hey add me to the list! All aboard!!!!

  8. Pingback: #breakingnews WordPress to fight “legally deficient and objectionable” Prenda subpoena |

  9. Prenda Solicitor says:

    Take my IP. But you can never take my freedom.

  10. natefrogg says:

    i am leaving this comment so my ip is logged along with some known facts about prenda which i would like to publish to the internet, they are asshats and meanies, bullies and extortionists, they are working for the dark side and i look forward to their eventual destruction

  11. Nimble J Wright says:

    hey, here’s my IP address too… 127.0.0.1

  12. Pingback: Copyright Trolls Order WordPress To Hand Over Critics’ IP Addresses | Geekpolitic : on Freedom, Privacy and Security

  13. dendory says:

    Is posting a comment on a blog illegal yet?! Oh damn now I’m worse than a murderer!

  14. Just Some Geek says:

    Count me in too Prenda. I’ll even use my US VPN just to make things easy for you.

  15. Ratt says:

    I didn’t want to be left out…hopefully this gets in on time. DTD a heart-felt thanks for what you do.

    A fan and supporter! I have given to the EFF previously and I am going to do it again!

  16. warpath says:

    If you feel the need to hide your identity online, you must be guilty of something.

    Here is prendalaw.com’s whois report: http://www.whois.com/whois/prendalaw.com

    Instead of registering their contact info they instead used a proxy service:

    https://www.domainsbyproxy.com

    Domains By Proxy, a service prenda uses, posts the headline of their service:

    “your identity is nobody’s business but ours”

    It’s a tangled www we weave…

    • DieTrollDie says:

      Yes, it is often “Do as I say, not as I do” with the Trolls. Paul Hansmeier and other trolls have openly said they fear us doing something against them, so they try to shield themselves. Funny how John Steele (I believe it was him & he is welcome to deny it) would make comments on the sites and in legal documents about his critics hidng behind ficticous names or anononymous Web sites and proxys.

      DTD :)

  17. Jessica Rabbit says:

    I’ve been watching developments on this Prenda thing for a while. Note to Prenda who I’m sure is reading this blog and commentary – regardless of any legal rights Prenda had to pursue copyright infringements, an attempt to subpoena all the IP addresses of people who have merely “visited” this blog is nothing short of a thinly veiled attempt to chill free speech and scare people from reading this blog and posting responses. I’ve not posted until now but I’m going to exercise my first Amendment right to state my OPINION of Prenda Law. Prenda Law, you are all a bunch of idiot douchebags.

    Now Prenda I know how difficult it is for you to find people so just to help you out my IP address is 204.14.79.116, yesterday it was 86.170.42.155 tomorrow it will be something different.

    My name is Jessica Rabbit and I live at
    1313 Nonayabidness Lane
    Nowhere OH 66666

    My phone # is 1-874-PISS-OFF

    See you in court – that is if you can find me.

  18. Kin24 says:

    Dear Prenda Assclowns: I just wanted to be added to the list. I think youre a bunch of fraudulent douchebags guilty of everything that is wrong with the western world, and the copyright system in particular. You give Americans a bad name and you all deserve disbarment at the least, and public dismemberment at the worst. Im hoping for a good old tar and feathering in the middle of LA steets with a sign that says “Im an assclown who defrauds the American public, Kick me please”

  19. Drain the Troll Cesspool says:

    add mine to the list…..and good luck in making any sense of the routing you shit-for-brains trolls…..HA HA HA. Maybe have your Hannsmeir boys, who supposeldy have so much IP-tracking expert knowledge track it……yeah right!

  20. smackintheface says:

    What a bunch of morons, especially Steele. For the trolls to think that they could get all IPs of visitors to these sites is just ridiculous. Still cannot figure what they could gain from this other than intimidation and to stifle freedom of speech/sharing of information.

    It didnt take me long after being accused and threatened with a civil suit to learn about internet anonymity. Specifically a VPN service. I never use the internet without it any more. Thanks DTD & SJD for all the work you have out into your sites.

  21. Someone says:

    What happened today!!?? The suspense is killing me!!!

  22. Someone says:

    https://en.wikipedia.org/wiki/Otis_D._Wright_II

    “On October 28, 2005, California Governor Arnold Schwarzenegger announced that he would be appointing Wright to serve as a judge on the Los Angeles County Superior Court.”

  23. Pingback: Copyright Trolls Hand WordPress A Subpoena For Critics IP Addresses

  24. Pingback: DieTrollDie.com Is Two Years Old | DieTrollDie

  25. Pingback: Duffy vs. Godfread ,Prenda law vs. Godfread | Will County Pro-se

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