As I see it: Prenda's behavior is criminal extortion. Whether you are guilty of copyright violation or not, requesting cash in exchange for silence is extortion (No, I'm not a lawyer. If you're involved in such a case, ask a bona fide lawyer.) If they have evidence against a perpetrator of a crime, it's their duty to report the crime to the authorities. Similarly, if you receive one of their letters, it's your duty to report same. To your local DA, I guess. Understandably, if you think you may be guilty of their allegation(s), you may not want to involve the law immediately. But if you simply refuse their demands, the ball will now be in their court (Tennis, not judicial.). If they pursue a civil action, they will have to take you to court and convince a judge that they have the preponderance of the evidence on their side. As the BestNetTech stories make clear, Prenda is having a hard time convincing judges (in more than one state) to award them any damages. If I understand correctly, you could have some success winning an award for your legal fees, if the presiding judge is convinced their suit is ill-founded, abuses the judicial system and you, and diverts the courts from doing their real job.
This is what most worries me about NSA, or any counter-intelligence gathering agency possessing my content or even the pattern of my contacts.
The best defense being an offense, sooner or later or already, it will occur to these agencies that their critics as well as our enemies can be manipulated using that collected information. If publicizing the methods and goals of our counter-espionage agencies constitutes treason, the giving of aid and comfort to our enemies, as many of our elected officials claim, then they must be viewing the public as an enemy. So the logic is simple: opposition movements among the public are enemies, so disrupting them is simply an extension of the counter-espionage charter. There is a precedent in operation Cointelpro, in which the FBI used its information gathering and provocateurs to disrupt radical anti-war and black power groups and individuals.
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Extortion
As I see it: Prenda's behavior is criminal extortion. Whether you are guilty of copyright violation or not, requesting cash in exchange for silence is extortion (No, I'm not a lawyer. If you're involved in such a case, ask a bona fide lawyer.) If they have evidence against a perpetrator of a crime, it's their duty to report the crime to the authorities. Similarly, if you receive one of their letters, it's your duty to report same. To your local DA, I guess. Understandably, if you think you may be guilty of their allegation(s), you may not want to involve the law immediately. But if you simply refuse their demands, the ball will now be in their court (Tennis, not judicial.). If they pursue a civil action, they will have to take you to court and convince a judge that they have the preponderance of the evidence on their side. As the BestNetTech stories make clear, Prenda is having a hard time convincing judges (in more than one state) to award them any damages. If I understand correctly, you could have some success winning an award for your legal fees, if the presiding judge is convinced their suit is ill-founded, abuses the judicial system and you, and diverts the courts from doing their real job.
Cointelpro anyone?
This is what most worries me about NSA, or any counter-intelligence gathering agency possessing my content or even the pattern of my contacts.
The best defense being an offense, sooner or later or already, it will occur to these agencies that their critics as well as our enemies can be manipulated using that collected information. If publicizing the methods and goals of our counter-espionage agencies constitutes treason, the giving of aid and comfort to our enemies, as many of our elected officials claim, then they must be viewing the public as an enemy. So the logic is simple: opposition movements among the public are enemies, so disrupting them is simply an extension of the counter-espionage charter. There is a precedent in operation Cointelpro, in which the FBI used its information gathering and provocateurs to disrupt radical anti-war and black power groups and individuals.