back to article Crim charges slapped on copyright trolls who filmed porn, torrented it then sued downloaders

More than a dozen criminal charges have been filed against Prenda Law lawyers, who are accused of using porno movies to extort millions of dollars from victims. Attorneys Paul Hansmeier and John Steele have each been charged in a US federal indictment with ten counts of wire fraud, five counts of mail fraud, and one count each …

  1. Anonymous Coward
    Anonymous Coward

    Edited for hindsight.

    "The conduct of these defendants was outrageous – they used deceptive lawsuits and unsuspecting judges to extort millions from vulnerable defendants," - Again.

    "Our courts are halls of justice where fairness and the rule of law triumph, and my office will use every available resource to stop corrupt lawyers from abusing our system of justice." - Again.

    So can we expect another article in another state in 2019 ? Here's a radical idea; change the law allowing prosecution of individuals and make threatening legal letters "extorting money with menaces".

    1. Anonymous Coward
      Anonymous Coward

      Re: Edited for hindsight.

      It can't be done. The RIAA and the MPAA would have huge piles of lawyers out of a job, and unable to make the payments on their summer homes! The money also goes to paying bribes, er lobbying gifts, to the people who make the laws that could stop them. Lather, rinse, repeat.

  2. Michael Thibault
    Mushroom

    Slowly. Very slowly. On a spit. For education. For entertainment. And for 'encouragement'.

    1. Anonymous Coward
      Anonymous Coward

      Dead lawyers craft no frivolous lawsuits.

      1. Anonymous Coward
        Anonymous Coward

        nor kiddie fiddle.

      2. Anonymous Coward
        Anonymous Coward

        Voltaire .... "pour encourager les autres" .....

  3. Queeg
    Mushroom

    Old Will had the right idea

    William Shakespeare's Henry VI, Part2, Act IV, Scene 2.

    1. frank ly

      Re: Old Will had the right idea

      "No question of that; for I have seen him whipped three market-days together."

      Yes, that sounds like a reasonable punishment.

      1. Anonymous Coward
        Anonymous Coward

        Re: Old Will had the right idea

        Q: How many lawyers does it take to shingle a roof?

        A: Three ... but you have to slice them really thin.

  4. MNGrrrl
    Trollface

    Not News!

    I don't get it: The RIAA and MPAA have been doing this for the better part of a decade. We've got major corporations suing each other over bevels on devices. We're flushing billions of dollars down the drain a year because we don't want IP and patent reform, and by we, I mean our infallable meat bags in office. And don't even get me started on 'pharma bro' and the nationwide shortages of critical medications because someone wanted a billion percent markup.

    But we're going to go after a bunch of law students for doing the same thing all these other actors are doing in our legal system? What am I supposed to believe, that they weren't "too big to fail" so down comes the ban hammer? This isn't justice, it's a joke. It's selective enforcement. And if the law isn't applied equally to everyone, the law has no value. It's worse than vigilantism at that point, because we've thrown the rule of law to the wolves.

    1. Voland's right hand Silver badge
      Devil

      Re: Not News!

      I don't get it:

      What these guys did is leaking it online via a pretend hack. That is the fraud part. They went in at least one case as far as to get the pretend hack part to police and court. That bit of overdoing was what undid them.

      Some RIAA and MPAA members had "leaks" and seeded torrents initially too. They abandoned the practice based on legal advice - this is an entrapment in most legislations and courts did not look at it kindly.

      For their purposes it is also unnecessary - there is more than enough torrents floating around for them to plug in a heavily modified client and listen on the network chatter collecting participating IPs. In fact, the average time until your IP is recorded after joining a torrent is ~ 12 minutes if memory serves me right. So from there on, they can wait until enough evidence is accumulated against a person and deep six you with an infringement notice.

    2. This post has been deleted by its author

    3. Doctor Syntax Silver badge

      Re: Not News!

      "we're going to go after a bunch of law students"

      Law students? Go read Ken White's account at Pope Hat to find out in detail what this bunch were up to.

      1. Jonathan Richards 1
        Devil

        Re: Not News!

        > Go read Ken White's account ...

        +1

        Here is the link to the latest of Ken's articles, which the good Dr Syntax unaccountably failed to supply.

    4. a_yank_lurker

      Re: Not News!

      The MAFIAAs are not seeding the torrents. Once one the copyright holder releases the work free of charge they cannot sue for illegal downloading in this case. There is nothing in the copyright law that requires money to charged for the work.

  5. Anonymous Coward
    Anonymous Coward

    Fine ending

    Needless to say, this latest shot from the government could prove hard to swallow for Prenda's former ringleaders.

    Another fine money shot at the end of a Reg article. And also something this loathsome pair might have to get used to if they're sent down for that long list of crimes.

  6. Anonymous Coward
    Anonymous Coward

    I'll fix this when I'm president

    This is the way that business works in America - these are poor entrepreneurs being attacked by the press and left-wing activists. D.T.

  7. J. R. Hartley

    This should have worked...

    How did they get caught? Surely they didn't upload it from their own computers? Rookie mistake, scumbags.

    1. Anonymous Coward
      Happy

      Re: This should have worked... @JR Hartley

      "The US Department of Justice said that the attorneys either purchased the rights to or recorded their own smut scenes and then deliberately seeded"

      Perhaps the attorneys in the smut scenes were identifiable?

      (yes, the idiots DID upload from their own IP space...)

    2. Matt Bryant Silver badge
      Happy

      Re: J.R. HartleyRe: This should have worked...

      "How did they get caught? Surely they didn't upload it from their own computers? Rookie mistake, scumbags." Indeed, it does seem a quite clever scheme, just poorly implemented. I'm guessing their lack of forethought was due to thinking how could anyone resist the blackmail, the threat of being exposed as a giant, free-loading, immoral perv to their friends and family?

      But then someone from Hollywood downloaded the pr0n....

  8. John Smith 19 Gold badge
    WTF?

    Officers of the court engaging in illegal activities

    Is that not grounds for disbarment in any state of the US?

    The lives as practicing lawyers should now be over.

    1. This post has been deleted by its author

      1. Solmyr ibn Wali Barad

        Re: Officers of the court engaging in illegal activities

        "It's usually quite hard to get struck off by self-regulatory bodies"

        Yes, it's hard, but these dimbulbs have so painstakingly laboured to achieve it. Bar associations do not have much choice, they have to disown them.

    2. Mephistro
      Devil

      Officers of the court engaging in illegal activities

      "The lives as practicing lawyers should now be over."

      Please allow me to correct that typo:

      " The lives of all practising lawyers should now be over."*

      Here, FTFY!

      Note*: That's how I misread that line in your comment! ;-)

  9. Anonymous Coward
    Anonymous Coward

    Ha ha ha

    Petard.

  10. Anonymous Coward
    Anonymous Coward

    A line from the Shawshank Redemption comes to mind:

    "Lawyer fucked me"

    Those on the inside now have a chance to get their own back.

  11. Michael Thibault

    Gaming the justice system is sociopathic behaviour. Gotta be.

    OK, maybe not technically, but in the lay sense. There should be harsh penalties for using the justice system's own operations and attributes instrumentally e.g. by using it as a proxy bully/muscle, or as a 'weapon'. Self-defence is a universal, inalienable right. And the courts need to be in a position to exercise that right against 'disruptive innovation' within the whole justice system.

  12. Mephistro
    Angel

    "Disgraced smut-slinging catch one in the eye from Uncle Sam"

    There was a Japanese word for that, but I can't remember what it was. Something about buck cakes, I'm seemin' to recall. Definitely, not 'kawaii'. No, it wasn't 'sudoku' either...

    1. Mephistro

      Re: "Disgraced smut-slinging catch one in the eye from Uncle Sam"

      And I'm quite pussytive it wasn't 'sushi' either.

  13. A Non e-mouse Silver badge
    Mushroom

    Fair Justice

    Our courts are halls of justice where fairness and the rule of law the rich triumph.

    FTFY

  14. Fatman
    Thumb Down

    Prenda <s>Law</s> <b>Extortion Ring</b> leaders arrested....

    ALL I can say is:

    It's

    About

    Fucking

    Time!!!!!

    Icon chosen as it was often used in ancient Rome to signal the end of life for a defeated Gladiator. Let's hope the courts put these two down also.

    1. Norman Nescio Silver badge

      Thumbs up-down not Roman

      Thumbs down didn't mean 'kill the defeated gladiator'.

      Hiding the thumb in the fist ( pollice compresso, “compressed thumb” ) was the sign to spare the defeated gladiator's life, and pollice verso, “turned thumb”, was the sign for death, but no-one knows what pollice verso actually looked like, as no classical record of it exists.

      http://www.todayifoundout.com/index.php/2014/10/give-thumbs-gesture-get-start/

  15. John Smith 19 Gold badge
    Unhappy

    People don't like lawyers

    But they do sometimes have uses.

    I agree this is not one of those times.

  16. Mephistro
    Angel

    re: People don't like lawyers

    "But they do sometimes have uses."

    True! I usually bury two or three of them every year under the flower beds in my garden. Don't need to waste a buck in fertilizers and my peonies have won several contests!

  17. Arctic fox
    Happy

    The reactions from the tech community, proffesional and amateurs alike can be summed up as:

    "Bliss was it in that dawn to be alive."*

    The threads connected to articles about this in the US itself make very entertaining reading.

    eg. This from Arstechnica:

    http://arstechnica.com/tech-policy/2016/12/breaking-prenda-law-copyright-trolls-steele-and-hansmeier-arrested/

    *Wordsworth.

  18. x 7

    but were the films worth watching?

    1. Aus Tech

      RE: but were the films worth watching?

      They were porn, so that's your judgement call. If you like porn, the answer is yes, otherwise, no. I hazard a guess that they were better than "Dallas Buyers Club" as a cinematic production.

  19. Geoff Campbell Silver badge
    Thumb Up

    Splendid!

    Send 'em down.

    Now, who's next on the list?

    GJC

  20. teebie

    "unsuspecting judges"

    Is that really a sort of judge that we ought to have?

  21. Anonymous Coward
    Anonymous Coward

    Call me anon

    There are a lot of music album videos on Youtube. Programs called "downloaders" allow one to convert the stream provided by youtube to .MP4 or .FLV. IANAL, but the crystallization of a stream into a file may have legal implications in some jurisdictions. But since that transformation takes place via a program on one's own computer, away from prying eyes, many may feel at ease with the consequences.

    The video portion of many of these music albums is simply a single image. This suggests, might the user strip away the video and remain with a pure-audio format such as .MP3 or even .FLAC? For later listening-only pleasure. It's an old concept, and some computers may have de-muxing or ripping software already installed. But I see that the standard way to obtain an MP3 from a video is not on your own computer. There are dozens of on-line converters. You paste the youtube video URL then moments later download the music. There are even sites which tell you how to do this. How late I am to the game is evidenced by this never having entered my mind, and it's now almost 2017. But the bell started going ding-ding-ding in that mind. So a third-party has your IP address and full knowledge of the music album which you, ah, commandeered, from youtube. Isn't that asking for copyright troll trouble? Are they saving up all the data for one almighty pain purge? Trolls are trolls, after all. And the method used is far simpler than the ones in this story.

    Might a VPN help, or at least make you a more complex target? If there were an inkling of possible pain, users would do what they've always done, which is to rip the files on their own computer. Purely for education, I tried doing an .MP4 to .MP3 conversion in VLC 2.2.4 over Win7. It didn't fully work. But foobar 2000 did. You don't even need specialized ripping software. A free program that you might already have on your computer to play music will suffice. Although the first iteration is more complex than ^find ^copy ^paste, subsequent rips should be almost that simple.

  22. John Brown (no body) Silver badge
    Thumb Up

    stop corrupt lawyers from abusing our system of justice

    That sounds like a lifetime of employment for some honest people.

    1. Swarthy
      Trollface

      Re: stop corrupt lawyers from abusing our system of justice

      No to find some honest people......

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