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If you want to know the standard of legal arguments among the copyright patent trolls, you need look no further than the Prenda case in Georgia.
The copyright troll Prenda was about to face the music when its antics were ruled illegal by Californian judge Otis Wright. Wright demanded that a copy of his ruling be submitted in every other case involving Prenda.
According to TechDirt, Prenda lawyers operating in the Northern District of Georgia refused to do so. In the end the defendant, Rajesh Patel, and his lawyer, Blair Chintella, submitted judge Wright’s ruling themselves to the court in the case.
Prenda’s local counsel in Georgia, Jacques Nazaire, attempted to counter this with one of the most ridiculous filings seen by legal experts.
It argues that the court should not allow Judge Wright’s order to be entered into the docket because California recognises gay marriage and Georgia doesn’t.
The reasoning is this. The ruling was made by a Californian judge and everyone knows they are all suspect because they allow gay marriage. This court is in Georgia where men are men and all sleep with women. Therefore Prenda has the right to screw over anyone it thinks illegally downloaded a movie using whatever dodgy tactics it likes. QED your honour.
Just to make sure that the Georgia judge throws out the ruling, Prenda points out that California has different immigration rules.
What Prenda appears to be hoping, in its appeal to knee jerk right wing reactionary politics, is that the Georgia judge will froth at the mouth and ignore the fact that the Californian ruling is not precedential. It is a flat out misconduct case against Prenda including potential racketeering and tax evasion claims.