Revenge Porn Scumbags Spanked With $385,000 Judgment

March 18, 2014
Kevin Bollaert

Kevin Bollaert

Founders of the revenge porn site You Got Posted, Eric Chanson and Kevin Bollaert, have been ordered to pay an Ohio woman $385,000, including $75,000 in punitive damages, for distributing child pornography – photos of her when she was underage. (judgment) The plaintiff, represented by Randazza Legal Group, sued You Got Posted’s operators after finding several sexually explicit images of herself as a minor on the site. The $385,000 judgment is the end of her case against two of You Got Posted’s operators.

The woman sued as “Jane Doe,” and the federal court for the Southern District of Ohio awarded her a judgment of $385,000 against Kevin Bollaert and Eric Chanson on March 18, 2014. The Court awarded the plaintiff $150,000 each on two child pornography claims, and $10,000 on her right of publicity claim. Additionally, the Court awarded the plaintiff $75,000 in punitive damages based on Bollaert and Chanson’s conduct. In total, the Court awarded $385,000 against Kevin Bollaert and Eric Chanson. Additionally, the Court prohibited Kevin Bollaert and Eric Chanson from ever again publishing her images.

In May of 2013, the plaintiff sued Kevin Bollaert Eric Chanson, and other defendants for publishing sexually explicit images of her on the website You Got Posted. In related legal action, on December 10, 2013, the California Attorney General’s Office indicted and arrested Bollaert on counts of conspiracy, identity theft, and extortion in connection with You Got Posted. (Arrest Warrant Here)

The judgment comes on a default. But, it was not an ordinary default. The Chanson defendants retained the services of a law firm in India to defend them — yes, a law firm that doesn’t even have a single license required for this litigation, much less the court where this matter was pending. They tried to pretend that they were actually pro se, while using these unlicensed “attorneys” as their counsel. When we figured that out, we moved to strike all of their pleadings. (Motion here). The court granted the motion. (order) Eric Chanson didn’t bother trying again and after a prove-up hearing he and his compatriot got their just desserts.

The message this $385,000 judgment sends to people who run revenge porn sites is unambiguous. These sites irreparably harm their victims, and often without any criminal action against them. In this case, a civil suit allowed our client to obtain justice against the people who exploited her. Marc J. Randazza of the Randazza Legal Group and Prominent First Amendment Bad Ass, H. Louis Sirkin handled the case on behalf of Jane Doe.


Update – Comfort Women Video

February 26, 2014

Yesterday’s post, Mayer Brown, shame on you. (日本、ストライサンド効果へようこそ), might come into better focus (if you need it) if you watch this video.

These are the women that the lawsuit referred to like this:

During World War II and the decade leading up to it, an unknown number of women from Japan, Korea, China, and a number of nations in Southeast Asia, were recruited, employed, and/or otherwise acted as sexual partners for troops of the Japanese Empire in various parts of the Pacific Theater of war. These women are often referred to as comfort women, a loose translation of the Japanese word for prostitute. (Complaint at Para. 14) (emphasis added)

“or otherwise acted as sexual partners”


Mayer Brown, shame on you. (日本、ストライサンド効果へようこそ)

February 25, 2014

The offensive statue. Photo Courtesy of Melissa Wall, Ph.D. under a creative commons license.

The offensive statue.
Photo Courtesy of Melissa Wall, Ph.D. under a creative commons license.

Every law firm gets confronted (on a pretty regular basis) with the question: “should I put my name on this?

That soul searching comes into play when you wonder, “is this honorable?” You know when it is, and when it isn’t.

I’m not talking about representing a client that you know is guilty — they deserve a defense. I’m not talking about representing a really evil client — because there might be an important legal issue in play.

I’m talking about when you do something truly disgusting.

That bar is pretty low. Despite the lawyer jokes, I have encountered few lawyers who have ever even approached that line.

If a law firm takes on the Nazi party as a client, in furtherance of some greater good, I do not look down on them. Nobody should. Represent a child pornographer? I can see plenty of justification there. There is almost no cause that doesn’t have some justification.

But, sometimes you gotta say “no.” Or, at least if you say “yes,” you must do so with class and dignity.

For example, if you represent a child molester, that is ok. You take it on from the point of “I may not condone what my client did, but he has a right to a defense.” But, if you put in your pleadings “the kid had it coming to him, he just looked so fucking sexy in that altar boy outfit,” well then… you are a dishonorable and filthy-taint-licking-piece-of-shit.

Ok, got that? That is the bar you need to step over. It doesn’t take strong leg muscles.

I’m sort of disappointed that I have to draw that distinction for anyone. But, I come to you with proof that this lesson is actually necessary.

Mayer Brown brings you this masterpiece– a lawsuit where they are trying remove a memorial for World War II “comfort women” from a public park. You see, it “offends” some of their clients. The cause itself is a bit slimy, but how they’re going about it qualifies them as “the least honorable law firm in the world.

For those of you who do not know what the “comfort women” were — they were about 200,000 women (some say as many as 400,000) who were forced into working in whorehouses for Japanese soldiers during World War II. (source)

Many were abducted, and some were barely in their teens. “I was taken at the age of 11,” one former sex slave Kim Young-suk said.(source)

As you can imagine, these women were not terribly pleased with this treatment. And, wouldn’t you know it, but some of them are still all harping on the past.

The few surviving comfort women, all in their 80s and 90s, cry foul.

“I was walking along the side of the road when I was captured and taken away,” says Ok-Seon Yi.

It was 1942, and Japanese and Korean soldiers grabbed her and threw her in the back of a truck. Her family never knew what happened to her, she said, and gave her up for dead. She spent three years at a military brothel in China. She was 15.

She’s 87 now and lives in a home for survivors like her outside of Seoul. She’s tiny, with white hair, frail and quiet — until the subject turns to Japan.

She shakes her fist. “The Japanese government are thieves,” she says. “They’re trying to rewrite history.

“They have no right to take away my honor and dignity,” she adds.

She says she’s thankful for the memorials in the United States, and says America is the only country that can right the historic wrong. (source)

So in comes Mayer Brown to try and put and end to this outrage. Not the outrage of forcing a couple hundred thousand girls and women to suck the cocks of filthy imperial soldiers, mind you — but the atrocious conduct that happened in the City of Glendale, California. You see, the City of Glendale has done something awful — it put up a memorial to the “comfort women.”

“They were raped maybe 10 times a day. On weekends, as many as 40 to 50 times a day. The majority of them were teenagers,” says Phyllis Kim, who as part of Los Angeles’ Korean-American Forum helped bring the statue to Glendale. “There are victims who are still alive, and waiting for an apology.” (source)

This little statue does not sit well with… well, lets scratch our heads for a minute about that, shall we? Who are Mayer Brown’s “clients” in this lawsuit?

Two of the plaintiffs are Japanese-Americans who live in Glendale. The third plaintiff is an “organization” called “GAHT-US.”

Plaintiff GAHT-US Corporation (“GAHT-US”) is a non-profit public benefit corporation organized under the laws of the State of California. The purpose of GAHT-US is to provide accurate and fact-based educational resources to the public in the U.S., including within California and Glendale, concerning the history of World War II and related events, with an emphasis on Japan’s role. (Complaint at Para. 7)

Well, if we look for GAHT-US (The “Global Alliance for Historical Truth”), what do we find? We find that it is a corporation that someone created on February 6, 2014. After 14 days of legal existence, this lawsuit was GAHT-US’s first act — well after slapping up a web page.

This “Global Alliance’s” address is 1223 Wilshire Boulevard #613. That’s a UPS Store.

The world headquarters of GAHT-US

The world headquarters of GAHT-US

Ok, so with that illustrious organization out of the way, lets look at the two people that they managed to get to stand up for this noble cause…

As a Glendale resident of Japanese heritage, [Michiko Shiota Gingery] believes the Public Monument presents an unfairly one-sided portrayal of the historical and political debate surrounding comfort women…” (Complaint at 2).

The other Plaintiff, Koichi Mera, had similar gripes. I do see their point. I mean, on one side you have all these women who were kept in sexual slavery and essentially gang raped for 4-5 years. But, where is the side of the poor Japanese soldiers who had to fuck them? What of them? Have you ever had to fuck a woman who was captive and crying? I mean, think of it? Those poor Japanese rapist soldiers. The fact that nobody thinks of the other side in this discussion is really distressing. Bravo, Mayer Brown, Bravo.

Additionally, the Plaintiffs are upset because the monument offends them. They “would like to use Glendale’s Central Park,” but they now avoid the park because they are offended by the Public Monument’s pointed expression of disapproval of Japan and the Japanese people.(Complaint at 2, 4)

Guess what? I bet the City of Glendale actually loves Japan and the Japanese People. Aside from the fact that they seem to have a disproportionately large number of scat porn enthusiasts (second only to Germany), and this little “comfort women” thing, the Japanese are a-ok by me. For fucks’ sake, they gave us Godzilla. After being the only country to ever get nuked into the stone age, they staggered around for about 18 months, and then they kicked the entire world’s ass at technology, amassing wealth and power on a level that it took 17 Italians to equal the productivity and innovation of one Japanese high school girl with a Hello Kitty purse.

But yes, we all have our blemishes — and government-organized mass rape is a pretty bad one.

So if the consequence of such a sick-as-fuck act is that there’s a bronze statue in the corner of some obscure park 10,000 miles from the nearest piece of Japanese territory, I think that’s pretty fair.

Ok, so their clients are offended and rich, (I presume the rich part). The complaint has at least some rational points. They seem frivolous, but not completely off the wall. One part of the complaint discusses how this memorial interferes with the foreign relations between the United States, Japan, and South Korea. (Complaint at 14). I’m not saying it is a supportable argument, as Boos v. Barry, 485 U.S. 312 (1988) seems to dispense with the key point here. In that case, a D.C. ordinance sought to suppress speech that might chafe foreign powers. This is a little different, since it is private citizens trying to suppress governmental speech, but the core of the matter is the same — smooth foreign relations are not a sufficient justification to suppress speech.

The complaint also makes one rational argument –That the monument went in without the proper procedure being followed before the Glendale City Council. (Complaint at 16). I have to agree with this one (if it is true) — cities should not be engaging in ultra vires acts. And, the complaint could have made those arguments, stating that the complaint was brought reluctantly. Or, just lay off the victims, but make the dull legal points.

But no.

No.

Instead, Mayer Brown put its name to gems like this:

During World War II and the decade leading up to it, an unknown number of women from Japan, Korea, China, and a number of nations in Southeast Asia, were recruited, employed, and/or otherwise acted as sexual partners for troops of the Japanese Empire in various parts of the Pacific Theater of war. These women are often referred to as comfort women, a loose translation of the Japanese word for prostitute. (Complaint at Para. 14) (emphasis added)

You know… “whores.” They just “acted as sexual partners.”

I mean, lets just call them what they really were, BATTLE SLUTS!!!

Right now, my face is figuratively bright red and in searing pain from the epic facepalming that I am imagining doing to myself.

The complaint reads like a who’s who of hypocritical trash. Yoshikazu Noda, the poor mayor of Higashiosaka, Glendale’s sister city is quoted as saying that the installation of the monument was an extremely deplorable situation and the people of Higashiosaka are hurt at a decision made by [Glendale] city to install a comfort woman monument.” (Complaint at Para. 38).

Awwww… does it hurt, Noda? Can you describe the pain? Is it anything like being kidnapped, and then being raped repeatedly, every day, for four or five years? Does it hurt like that? Or just like when you step on a Lego brick in the middle of the night — because that, I tell you, absolutely fucking smarts.

The Plaintiffs want the monument removed and kept off of any and all public property in Glendale, and of course, they want money. (Complaint at 17).

I will give them some credit — at least the complaint did not call for all the remaining comfort women to be rounded up and shipped off to Manzanar.

Despite that small bit of tactful omission, I have never seen anything this dishonorable with a law firm’s name attached to it. I’ve seen dumber shit. I’ve seen more frivolous shit. I’ve seen more unethical shit. But, never seen anything this foul or shameful with a law firm’s name attached to it.

The silver lining in this? Mayer Brown’s abject stupidity and dishonorable behavior will bring their clients into complete disrepute (which they deeply deserve), and will educate more people than ever on the history of the “comfort women.” The “comfort women” have already won this battle – and they aren’t even really on the field.

Don’t let the bastards get you down, “Comfort Women”… Mayer Brown just made your critics into complete laughingstocks.

UPDATE: Looks like Popehat is pissed off about it too

I have written about many maddening lawsuits at Popehat. But I cannot remember a lawsuit that so immediately repulsed and enraged me. (source)


Alleged Copyright Troll Sues Critics

March 4, 2013

By Jay Wolman

In a page out of Rakofsky vs. The Internet, it appears that one of the law firms and attorney groups frequently criticized as representing copyright trolls, Paul Duffy, John Steele, and Prenda Law, has gone on the offense against its critics.

More details here:

http://phillylawblog.wordpress.com/2013/03/03/prenda-law-john-steele-and-paul-duffy-file-suit-against-alan-cooper-his-lawyer-paul-goodfread-and-anonymous-john-does/

Here:

http://fightcopyrighttrolls.com/2013/03/04/copyright-trolls-prenda-law-paul-duffy-and-john-steele-commence-three-lawsuits-v-paul-godfread-alan-cooper-and-our-community/

and here:

http://www.techdirt.com/articles/20130303/23353022182/prenda-law-sues-critics-defamation.shtml

copies of the complaints are linked by Jordan Rushie (1st Link). I have not read the entirety of the complaints, but I believe I saw quite a few protected statements that cannot form the basis of liability. Unclear what motivated the suits, but I have a feeling the Plaintiffs will come to regret them.

Editor’s note, the views in this post are those of Mr. Wolman. No other Satyriconistas have taken a public position on this dispute.


Updated: That “info” graphic about rape? Bend it over, slap its ass, and forcibly fuck it with facts

January 9, 2013

“I don’t know when, or where, but I can guarantee that every one of you will be raped.” -Deputy Trudy Wiegel, Reno 911

This “info” graphic is making the rounds. Too bad it is bullshit.

rapist_visualization_01

Of course, it is not fashionable to ever pollute the “rape culture” discussion with facts. Facts are sexist. So Mark Bennett must be sexist, because he’s forcibly sodomizing the dumb piece of shit who put this “info” graphic together with a throbbing cock made of facts right over here.

A 1996 study provides “Every year since 1989, in about 25 percent of the sexual assault cases referred to the FBI where results could be obtained (primarily by State and local law enforcement), the primary suspect has been excluded by forensic DNA testing.” More patriarchy sponsored oppression facts here.

Now go get your fuckin’ shine box. Because you know what? Crying “wolf” doesn’t help legitimate victims, it hurts them.

As counsel for the blogger in the Steubenville case, nobody can claim that I’m blind to the under-reported rape issue. Further, I have close friends who “didn’t bother” to report their rapes — and I actually daydream, occasionally, about hunting down the fuckers and cutting their cocks off. I’m as angry as an un-punished rape as the most rabid screaming women’s studies professor. But, it makes me pretty stabby when someone tries to help, but really hurts the cause.

The prior version of this piece erroneously interpreted a third party post.


Racist Bastards! (Or are they?)

January 7, 2013

Racist Bastards!!!

Take a look at the signs above – found at a Delaware elementary school.

If you’re reading this, chances are, your eye is drawn to the one in English. Nothing strange there, right?

My Spanish isn’t great, but if you look at the other sign, it essentially says “You need a permit to play in this field, or you will be subject to police action.”

Holy shit!

A while back, we might have seen signs that say “Whites Only,” but here we have some sneaky and sniveling racism.

Or do we?

This photo has been making the rounds, as an example of a community’s anti-immigrant bigotry.

“It seems we are not yet past the national embarrassment of ‘Whites Only’ signs marring the civil landscape in America,” blogger Frank Balsinger wrote on the website Scholarsandrouges.com. “If this isn’t a clear cut civil rights violation, I don’t know what is.” (source)

Someone once told me to never blame something on evil that can be explained by stupidity.

It seems like this might be that maxim in action.

Lets put Mr. Evil and Mr. Stupid up against the wall, and lets interrogate them to see who is more likely to be responsible.

The Superintendent of the school explained:

“Signs with the same message in English and Spanish are posted at the sports fields at the high school complex and the middle school, because you do have to have permission to use those fields,” she said. “The playgrounds at Mispillion and Ross are both relatively new and I think someone put the Spanish signs meant for the athletic fields at those locations by mistake.”

Kohel said the confusion doesn’t appear to have been limited to Spanish language signs, either.
“We found one today at Banneker Elementary School in English that said the same thing, even though those rules don’t apply to any of our playgrounds,” she said. “We expect people to use our playgrounds anytime, without any special permission. That’s what they’re there for.” (source)

Maybe I just want to believe that nobody could be such a huge asshole that they would put up signs to try and dissuade children from playing on the slide at an elementary school. But, lets really think about this. If Mr. Evil is really responsible, did he actually think that there wouldn’t be a single bilingual person who would notice the discrepancy? Meanwhile, do you think that perhaps Mr. Stupid was a municipal employee who wasn’t exactly fluent in Spanish, and who didn’t do his job with a lot of attention to detail?

I’m blaming Mr. Stupid.


Federal Circuit’s COCKSUCKER Decision Sucks

December 20, 2012

cork soaker

As many long-time readers know, Section 2(a) of the Trademark Act is one of my pet peeves. This is the section of the Trademark Act that gives pretty much unfettered discretion to a trademark examiner to deny a trademark registration on the basis that the mark itself is “immoral” or “scandalous.” The Federal Circuit just decided In Re Fox, in which it reaffirmed some very bad law, and in which it lacked the integrity to address some Constitutional fictions upon which most 2(a) denials are based.

“[n]o trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it[] (a) [c]onsists of or comprises immoral, deceptive, or scandalous matter.” 15 U.S.C. § 1052.

One of the most absurd elements of a 2(a) denial is that the evidentiary standard is so open to abuse. An examiner may prove “immorality” or “scandalousness” by simply establishing that the mark is “vulgar.” In re Boulevard Entm’t, Inc., 334 F.3d 1336, 1340 (Fed. Cir. 2003). Essentially, if the examiner finds a single online dictionary or chat board where someone says “that’s vulgar,” then that is usually enough for the examiner, the TTAB, and the Federal Circuit.

So, another 2(a) denial is just a “ho hum” event. But, this portion of the opinion shows just how little respect the Federal Circuit has for Constitutional issues. I mean, come on guys, at least try and make it look like you didn’t just mail it in.

The prohibition on “immoral . . . or scandalous” trademarks was first codified in the 1905 revision of the trademark laws, see Act of Feb. 20, 1905, Pub. L. No. 58- 84, § 5(a), 33 Stat. 724, 725. This court and its predeces- sor have long assumed that the prohibition “is not an attempt to legislate morality, but, rather, a judgment by the Congress that [scandalous] marks not occupy the time, services, and use of funds of the federal government.” In re Mavety Media Grp. Ltd., 33 F.3d 1367, 1374 (Fed. Cir. 1994) (quotation marks omitted). Because a refusal to register a mark has no bearing on the applicant’s ability to use the mark, we have held that § 1052(a) does not implicate the First Amendment rights of trade- mark applicants. See id. (Op. at 2)

I find it outrageous not just because the court is wrong, but because the court was so glib and dismissive of the First Amendment.

Trademarks propose a commercial transaction; speech that proposes a commercial transaction is “commercial speech” and thus subject to First Amendment protection. Virginia State Bd. Of Pharmacy v. Virginia Citizens Consumer Council, 425 U.S. 748, 762 (1976). Trademarks convey messages about the type, cost and quality of the product or service associated with the mark. See Friedman v. Rogers, 440 U. S. 1, 11 (1979). The trademark is a tightly targeted bit of expressive activity that seeks to persuade a potential customer to choose one product over another, either due to the identification of goods or to the communicative element of the trademark itself.

Thus far, all USPTO decisions regarding the constitutionality of Section 2(A) rely upon the improperly decided case In re Robert L. McGinley, 660 F.2d 41 (Fed Cir. 1981).

McGinley is where we get the idea that since trademark applicants are still free to use the trademarks, then there is no abridgment of speech if your trademark is denied registration due to its content. However, this reasoning is simply shoddy and contrary to a body of First Amendment jurisprudence. For example, in striking down New York’s “Son of Sam” law, which prohibited criminals from profiting from writing books about their crimes, the Supreme Court held “[a] statute is presumptively inconsistent with the First Amendment if it imposes a financial burden on speakers because of the content of their speech.” Simon & Schuster v. New York State Crime Victims Bd., 502 U.S. 105, 115 (1991). In the Son of Sam case, the authors were still free to write, but were denied the financial benefits of their labors. That was the end of that law. This appears to completely dispense with the McGinley reasoning.

Bad Frog Brewery, Inc. v. New York States Liquor Authority, 134 F.3d 87 (2d Cir. 1998) analyzed a similar issue. In that case, the appellant sought to use a trademark of a frog giving the finger. The Second Circuit held that since trademarks are commercial speech, prohibition on use of so-called “offensive” trademarks did not advance the stated governmental purpose of protecting children from vulgarity or promoting temperance, nor was it narrowly tailored to serve that purpose. Not binding on the Fed. Cir., but I think that the Fed. Cir. is the wrong place to challenge McGinley. There is no indication that the Fed. Cir. will ever admit that it was wrong in McGinley, and every time it gets a chance, it doubles down.

Finally, there can be no clearer authority for the death of Section 2(a) than Lawrence v. Texas. (“The fact a State’s governing majority has traditionally viewed a particular practice as immoral is not a sufficient reason for upholding a law prohibiting the practice.”)

“Morality” is not a valid reason to confer or deny a governmental benefit – instead the government must articulate a reason why registration of a mark might be harmful, and then apply that reason to the particular circumstances at hand, in a narrow manner. The government has done none of this in this case, nor in any other 2(a) denial.

2(a) Delendum Est!


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