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A gem of a legal opinion spanking a lawyer for a frivolous copyright claim

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Re: A gem of a legal opinion spanking a lawyer for a frivolous copyright claim

#21
post #8
post #3

Earlier quoted context omitted.

The fool paid $750 to register (an invalid) copyright in a listserv one-liner! Amazing, even if you don't consider the hundreds of thousands of dollars expended on this lawsuit ($70,000 claimed by the defendants, and I assume he'd claim something similar in costs if he was entitled to them). First time I've seen judgements with a heading that is subtitled - in chinese - with a Sun Tzu quotation! It's at p5, and says…

To the medical claim, the judge retorts with the quote "...which really boils down to ‘hurt feelings’". Heh. The Chinese quotation was startling. Having read the judgement, methinks I'm allowed to copy it. Overall the entire opinion impresses me both with the comprehensive wit and precision applied to eviscerate the claim, and with the sobering observation that current judicial practice calls for a 30-page comprehens…

In fairness, the thicket of citations and explanations are more a reflection of the way the plaintiff set up all sorts of procedural fallbacks and strategic maneuvers. Near the end the judge complains that the case could have been resolved quickly at the outset if the plaintiff hadn't bent over backwards to conceal his 'copyrighted' email as if it were something of enormous importance.

I suspect that as soon as he realized the email had been copied, it dawned on him that he would now have a reputation for casually disparaging people in public which would severely undermine his legal career both by word of mouth and in more formal ways. Deciding that the best defense was a good offense, he launched this absurd suit against the person who brought his loose talk to light. I feel like he'd have been reporting it to his local bar, and asking the accounting company he disparaged if they would settle or accept arbitration.

I wonder if he will face disciplinary sanctions on top of his courtroom humiliation? His reputation is already shot, perhaps his whole career. Note to self: reread this next time you feel cocky.

(IANAL)

Re: A gem of a legal opinion spanking a lawyer for a frivolous copyright claim

#22
post #8

Earlier quoted context omitted.

To the medical claim, the judge retorts with the quote "...which really boils down to ‘hurt feelings’". Heh. The Chinese quotation was startling. Having read the judgement, methinks I'm allowed to copy it. Overall the entire opinion impresses me both with the comprehensive wit and precision applied to eviscerate the claim, and with the sobering observation that current judicial practice calls for a 30-page comprehens…

In fairness, the thicket of citations and explanations are more a reflection of the way the plaintiff set up all sorts of procedural fallbacks and strategic maneuvers. Near the end the judge complains that the case could have been resolved quickly at the outset if the plaintiff hadn't bent over backwards to conceal his 'copyrighted' email as if it were something of enormous importance. I suspect that as soon as he re…

The Streisand Effect should be part of every law student's education. This attorney has received this lesson far too late in his (now stunted) career.
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