Anonymous Comes for Hunter Moore – Moore’s Man Card Revoked

December 1, 2012

Anonymous has now targeted Hunter Moore.

In a release published today, Anon writes:

Greetings citizens of the world, We are Anonymous.

This is a call to all Anonymous worldwide, you have a chance to make a real difference in the lives of hundreds of bullied teenagers and protect them from real harm such as rape or stalking.

Hunter Moore, Founder of previous revenge pornography site http://www.isanyoneup.com is coming back stronger than ever from the shutdown of his previous website. This capitalist makes money off of the misery of others.

People submit pictures of others naked to his website and he posted their social networking profiles along with the pictures.

This time he is taking it a step further and plans to list physical addresses next to the victims pictures along with a map to their house, self proclaiming that he has singlehandedly enabled the stalking of hundreds.

His servers are up. he already has domains he is secretly testing and will go public soon. He hides behind a loophole of section 230 of the United States online decency act which states he cannot be held legally accountable for third party submitted content.

This is a call to all of anonymous. We Will hold hunter moore accountable for his actions, we will protect anyone who is victimized by abuse of our internet, we will prevent the stalking, rape, and possible murders as byproduct of his sites.

Operation Anti-Bully. Operation Hunt Hunter engaged. We are Anonymous, we are Legion, we do not Forgive, we do not Forget, Hunter Moore, EXPECT US. (source)

I applaud them for it. I do have one issue with the missive — I don’t think that Moore is as protected by Section 230 as he likes to believe.

But, lets set the legal issues aside for this post: Moore is a douchebag, and deserves everything that Anonymous may throw at him. Here’s why:

Once upon a time, girls weren’t all paranoid about being raped, having shit slipped in their drink, or being stalked. Then, douchebags discovered rohypnol, stalking, etc., which ushered in a new era of “Why has this asshole just showed up at my table with a drink in his hand? Does he think I’m an idiot?”

Now, thanks to these clowns, you need to convince the girl that she should have sex with you AND that you’re not going to rape her or cut her into little pieces. Girls who were once approachable are scared to death to even have a conversation with you in a bar. All because of douchebags who need to circumvent rejection with drugs. And stalking. Lots and lots of stalking.

The douchebag’s MO is to shit out a cloud of fear. That cloud of fear supports an ecosystem that only benefits two kinds of people — other douchebags and second-wave feminists who absolutely love women in fear, because it makes their bullshit message resonate with just enough terrified women to keep a few of them signing up for their classes. Never forget the best way to control behavior is through FEAR. Just like the TSA, fear creates a justification for existence. There is the implied message of “If you challenge me, I’ll fucking spank you, so you better choose wisely.” But, if you take away fear, the assholes evaporate.

Involuntary Porn sites (like those run by Hunter Moore, Eric Chanson, Craig Brittain, and Chance Trahan) are the online equivalent of the asshole who goes to a bar with roofies in his pocket, or who stalks a girl who won’t give him the time of day. They punish all women through fear because they got rejected by their high school prom date or some chick in a bar or…whatever. They get off on the smell of fear and the resultant power over a woman and this is the drug that gives them the warm tinglys.

Imagine if no women had to live in fear of a shithead ex-boyfriend or these dickless fucks. Forget the morality of what they do, if you want, and think about from a purely utilitarian / economic perspective. Without these nimrods, a woman would always feel comfortable letting you take naked pictures of her. Women would feel comfortable sending you those pics as a “hey good morning” present. More naked pictures of girls means a better world for everyone, in my humble opinion.

Real men don’t get off on scaring women. Real men get off on trying to take that fear away.

Not because we are nice, or chivalrous. OK, some of us are, but more importantly, it’s because we want more naked pics and Hunter More and Craig Brittain are fucking with that.

So fuck you, Hunter Moore. Fuck you, Eric Chanson. Fuck you, Chance Trahan. And Fuck you, Craig Brittain.

Any man who gets off on putting women in fear loses his man card.

Good hunting, Anonymous.


The Copyrightability of Porn

August 18, 2012

Back in April, I wrote an article “Challenging The Copyrightability Of Porn” (html versiondigital mag version)

This was to confront a growing chorus of voices questioning whether porn can be copyrighted. You likely don’t need to read my article to know where I come down on it.

Over the past week, The First Amendment Lawyers’ Association has honored me by permitting me to file amicus briefs on its behalf in Colorado and Massachusetts, confronting this issue in the courts. (The MA one is a little better refined)


ABA Journal Magazine Tackles Righthaven in May 2012 Issue

April 23, 2012

By J. DeVoy

Remember Righthaven?  While it has been stripped of its intellectual property and claims against it keep piling up, the fat lady has not yet sung – and the ABA has noticed.

The May 2012 ABA Journal’s cover story is the aftermath of Righthaven.  Eriq Gardner, who Righthaven once sued for posting an image of an exhibit from one of its court pleadings, examined both sides of the copyright enforcement equation.  Marc Randazza and Ron Coleman are quoted in the lengthy piece, which centers on Righthaven but touches on the RIAA’s litigation campaign, the mass-joinder suits brought by porn studios, and the realities of plaintiff-side copyright enforcement.

Righthaven’s CEO, Steven Gibson, is quoted with the following observation:

“One of the questions for the article is why is it so difficult for copyright owners to hire competent copyright litigation counsel?” he said. “There’s not a lot across the country. Definitely not like personal injury lawyers. You can’t go into the phone book and find a listing. Why is it this difficult? Why isn’t there more copyright litigation?”

Yet, even with Righthaven.com no longer belonging to Nevada’s Righthaven LLC, he is optimistic about the venture’s future.

“Righthaven remains the vehicle for dealing with infringements on the Internet,” Gibson told me recently.

A motion by the EFF seeking personal sanctions against Gibson at a rate of $500 per day is still pending as of this writing.

The problems of online copyright infringement and enforcement are real, and few would argue that there is not some useful role of copyright in society.  These controls, however, cannot and should not completely gobble up protected speech – especially since the 1976 Copyright Act codified fair use in 17 U.S.C. § 107.  Even allowing breathing space for hilarious derivative works, much work needs to be done with respect to fighting infringement, even as the law for doing so remains in flux.


Paramount Throws Down Gauntlet to Academia

February 6, 2012

By J. DeVoy

In the past few weeks, the MPAA and RIAA have been humbled by the defeat of SOPA and PIPA in Congress.  Eric Goldman has posted a letter that Paramount has apparently sent to various academics, seeking to open a dialogue about piracy and exchange ideas about how to address it.  The letter seeks to include students in the discussion as well.

The copyright abolitionist community’s plaintive cry is always that the big bad evil content creators need to change their business models.  Nobody denies that this is true, and the MPAA has a better track record on innovation than the RIAA (and I contend that the porn industry has the best record on that issue, but that’s neither here nor there).  I look forward to seeing whether any academics and students take Paramount up on its offer.  Some have had good ideas in the past, such as Voluntary Collective Licensing (though there would have to be some adjustments before taking it to market).

Arriving at solutions that are cost-effective, viable and efficacious is difficult.  Criticism, however, is easy.


Shocking revelation: Piracy hurts individuals!

October 10, 2011

By J. DeVoy

In a stunning revelation sure to be devastating to freetards everywhere, not everyone who creates copyrightable work is Lars Ulrich or some ponytailed douchebag driving a BMW 7-series while demanding that the RIAA sue more people so his fat, dumb and entitled daughter can have a pony.  The common plea from the anti-enforcement community can be summarized as: “How can you sue PEOPLE?!”

Well, it’s easy – people commit piracy.  We don’t let thieves and rapists off the hook because they’re people.  And while copying files is not analogous to either of those crimes, it is still an unlawful act, and one committed by individuals.  In fact, there is no one better to sue, and more deserving of a lawsuit, than the individual infringer.

Here’s an example why.  Athol Kay wrote a book about how to save and improve your marriage.  He’s been writing a blog for at least a few years now, and consolidated all of his knowledge into an impressive tome about how to keep your wife thin, happy, and sexual.  Pretty important stuff if you ask me, or even if you just don’t want to be one of the nearly half of married men who get financially pwned by divorce.  He sold a PDF copy for a modest sum of money – $10 – that let him keep a decent chunk of change for himself.

Kay knew that piracy of his book was inevitable.  He possibly even bought into the meme that free content generated sales.  He thought it would balance out because people would pay the $10 in recognition of his work in compiling a sizable and massively important book.  He was wrong.

40,000 illegal downloads later, Kay is out about $300,000 in royalties that he would have earned if people had purchased his book legally.  He did everything the freetards told him to – he optimized his model for portability and low cost, efficient sales.  He still got screwed by the basement dwelling turds who think everything should be free because the creator has not exhausted every last possible option in protecting his intellectual property.

To be fair, I would not have advised Kay to distribute a PDF copy of his book.  But he made a business decision with his eyes open.  He did not recognize, however, the extent of piracy for such a niche book.  Kay also recognizes that not every one of those 40,000 downloads would have translated into a sale.

Now I know that if people actually had to pay for the book, 40,000 extra people wouldn’t have purchased it, but if even 10% of them did, that’s still a fair chunk of change and to be completely blunt… I deserve it. (source.)

Indeed he does, and the Constitution itself even says so, as it empowers congress:

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. U.S. Const., Art. I, Section 8, cl. 8

Not everyone who benefits from copyright laws is some fat cat raking in millions of dollars.  In fact, few are.  Most are just regular guys who had an idea, poured their heart and soul into creating it, and hope to get a return on investment for being smart and motivated enough to see their vision through to completion.  I’m sure Kay is flattered that so many people want his book.  But warm fuzzies don’t put food on the table – money does.  If creators cannot get it on the front end with sales, they’ll recoup it on the back end with litigation.

UPDATE 10/21 – As Mike Masnick and others point out, including Kay, his initial figures were way off due to illusory downloads stated in order to generate interest in the files.  His estimates were off, as were the stated lost profits.  Sorry, I was busy.


Give it a rest already – Myths and Facts about mass copyright litigation

September 29, 2011

by Vaughn Greenwalt

The latest criticism of mass-copyright litigation follows the same mantra of previously-pissed patrons: “I know I stole your porn but I’ll be embarrassed if anyone finds out so you can’t sue me!” Cut the crap already, “shame” is not a legal defense.

Lets play fact or fiction with the latest misleading article which was, oddly enough, endorsed by the EFF:

1. FACT: “The lawsuits name ‘Doe’ defendants until they can unearth the true identities of those accused of downloading porn through their Internet providers.”

Naming Doe defendants is the only way to bring suit against thieves who steal Copyright protected works over the Internet. The identities of those thieves is only ascertainable once the personally identifiable information associated with the thieves Internet Protocol address (“IP address”) has been subpoenaed.

The industry isn’t blackmailing thieves with the prospect of naming a Doe defendant, it is the only legal course to obtain requisite discovery.

2. FICTION: “The adult entertainment industry has dubbed [John] Steele the ‘Pirate Slayer.’ Steele calls the lawsuit a simple defense against copyright theft.

Fact: Steele named himself “Pirate Slayer,” and most of the industry mocks him. When he showed up to a conference wearing a badge that said “Pirate Slayer,” he immediately gained the nickname “Buffy.” That’s what the adult entertainment industry calls him — Buffy. And it isn’t a compliment.

Every studio has separate and distinct legal counsel and thus a separate and distinct legal strategy. While I cannot speak to the strategy employed by Mr. Steele, I can speak to the strategy employed by the Editor of this blog – it is anything but simple.

Without violating my ethical duty of confidentiality and privilege, I have been in many a meeting in which special emphasis was placed on “doing it right.” Efforts to safeguard the privacy of the defendants, fairness to the defendants, an opportunity to defend before being named as a defendant, and forewarning of the suits before suits were filed. In addition, some studios offered amnesty to those who sought to protect their privacy.

3. FICTION: “The intent of these lawsuits is to get peoples’ identifying information and attempt to extort settlements out of them” – Corynne McSherry, EFF’s Intellectual Property Director.

Ms. McSherry’s dogmatic whining borders on mental illness. Perhaps she should look up the definition of “extortion.” Words mean something. This word means to obtain money or property to which one is not entitled by threats or coercion. When a copyright owner seeks redress under the copyright act, the copyright owner is seeking restitution in a manner specifically authorized under the law. McSherry should not use big words without supervision if she doesn’t know what they mean.

Copyright’s purpose is to foster the creation of creative works. The music industry has already been economically gutted thanks to the likes of Napster, Kazaa and Limewire; the porn industry is seeking to avoid that very same fate. If protection is weakened so too is the drive to create and thus all suffer (even those of us who enjoy it late at night while our partner is sleeping). If copyright protected content is freely distributed among torrenters, then studio membership is impacted, which then impacts studio revenue, which then impacts studio quality and quantity, which then in-turn further impacts studio membership, which ultimately impacts the studio’s very existence.

I hope the EFF recognizes the difference between dissent and disloyalty (I really love you guys!). However, I find it odd that the Director of Intellectual Property is tossing grenades at those who would seek to protect their own Intellectual Property.

4. FICTION: “The so-called “mass copyright” cases all follow the same format: an adult film company sues scores of anonymous defendants, alleging a particular movie was pirated using the popular file-sharing technology BitTorrent. The number of defendants can be staggering, dwarfing the scope of the music industry’s lawsuits; there were 2,100 Does named in one recent San Jose case, and 23,000 in the largest thus far in Washington, D.C.

As referenced above, every porn studio has independent legal counsel complete with independent legal strategy, while some attorneys may look for the quickest and most efficient way to make a buck for their clients, others, like my Editor, do not.

Some attorneys, while legally proper to sue 23,000 defendants in a single suit, put their law clerks through WEEKS OF PURE TORTURE to determine the location of the individual IP addresses and group them based on state and federal judicial district. Once determined, suit is brought against them in their home state and district and regularly reduces the number to less than 100 Doe defendants in any single suit.

Again, some attorneys take great pain to make litigation fair for thieves.

5. FACT: Mark Lemley is… eh…. brilliant?

I have been to many symposiums where Mr. Lemley has proposed theoretically brilliant additions to U.S. Intellectual Property Law. I have witnessed, in sheer awe, his ability to dismiss, answer and be condescending all in a single sentence.

However, Mr. Lemley’s brilliant theoretical ideas are not so brilliant when it comes to actual litigation and practice . Incredibly, Lemley provided a brilliant addition to the subject article regarding the porn industry’s torrent suits: “… it made people at the margins nervous about file sharing… people are going to think twice about doing this.” Lemley is absolutely correct in his assessment. THIS is the ultimate goal of the porn industry’s torrent litigation; not to shame the pron-viewing public (honestly, isn’t that all of us?) for their lunch money, but to deter the theft and infringement of their Intellectual Property.

The simple answer to EVERY concern opponents of mass-copyright litigation has is incredibly simple: Theft is theft – no matter the medium. STOP STEALING SHIT AND YOU WON’T HAVE TO WORRY ABOUT IT!!!!


USS Righthaven hits another iceberg

July 14, 2011

By J. DeVoy

Today, U.S. District Court Judge Roger Hunt held a hearing regarding the Order to Show Cause he previously issued in Righthaven LLC v. Democratic Underground LLC et al, Case No. 2:10-cv-01356 (D. Nev.).  Righthaven, represented by Las Vegas attorney Shawn Mangano and national law firm Kirkland & Ellis in this matter (though only Mangano was at the hearing on behalf of Righthaven LLC), received the following sanctions:

• $5,000.00 in sanctions, payable within 2 weeks.  This is in addition to Righthaven’s $3,815.00 due in Righthaven LLC v. Leon et al, Due July 25th. (Order available here.)  To date, thats $8,815.00 worth of water taken on, with approximately $34,000 and $119,000 sought in other cases. (source.)

• Righthaven must provide copies of Judge Hunt’s order dismissing Righthaven’s complaint for lack of standing in Democratic Underground in all pending cases. (discussed here.)

• Righthaven must provide its Strategic Alliance Agreement with Stephens Media LLC to all defendants sued for infringement of Stephens Media LLC copyrights. (Strategic Alliance Agreement available here.)

• Righthaven must provide copies of the transcript of today’s hearing to every Court in which there is a pending Righthaven case.  During the hearing, Hunt said Righthaven made misleading statements to the court – for which Hunt said a stronger word would be appropriate – and that its conduct was “not negligence,” but part of a “concerted effort to hide Stephens Media’s role in this litigation.”  Moreover, Hunt described Righthaven as a law firm masquerading as a company. (source.)

As Randazza Legal Group is involved in numerous open Righthaven matters, no further comments shall be made.  Additional information can be found via Steve Green at the Las Vegas Sun, who has comprehensively covered this saga from its inception, and at MAL Contends,  the blog of Michael Leon, former defendant in Righthaven LLC v. Leon et al.


Follow

Get every new post delivered to your Inbox.

Join 2,711 other followers