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