The Perplexing Law and Ethics of Copyright Violations On The Web

For once I’m not going to try to summarize a useful article, but will just suggest that you read it. From the future (the article is mysteriously dated May 1, 2012), journalist Eriq Gardner tells of his experience with Righthaven, the organization that was created explicitly to sue bloggers and others for copyright violations on the web. He tells of how he came to believe that the defenders of copyright law, not those who would destroy it, had fairness, logic and ethics on their side.

The article is well-timed, given my current travails with an unapologetic plagiarist, and my own position on copyright, which is consistent with the author’s. It also features a guest appearance by attorney Marc Randazza, the First Amendment specialist who came to my aid when  I was threatened with a lawsuit over an opinion someone didn’t like.

The article, titled The Righthaven Experiment: A Journalist Wonders If a Copyright Troll Was Right to Sue Him, is well worth your time.

The Plagiarist Strikes Back!

Move along, Atticus. Nothing to see here, and I wouldn't want you to barf.

Well, some of you called it. I was a sap. I expected better.

Mary Frances Prevost, the California criminal law attorney who substantially expropriated an Ethics Alarms post and placed her name on it, responded to my request for an explanation, and failing that, an apology, a retraction, and proper credit, with this (on her Facebook page), in which she said, in part:

“I received a histrionic run-on-sentence email from someone named “Jack Marshall” today accusing me of committing crimes, threatening to report me to my bar association(s), the Inns of Court, and essentially spend your days and nights harassing me.” I have also viewed a a highly unethical rant published purportedly by you on a blog suggesting strongly that I have engaged in unethical conduct throughout the entire course of my career. I have counseled with one of the country’s premiere ethics attorneys. Here’s the result: 1) accusing me of a crime is defamation per se and unethical; 2) suggesting that my entire law practice has been based on unethical conduct is defamatory and unethical. I maintained copies both of your email and blog. It is clear that you are hell bent on engaging in systematic harassment and unethical conduct, the likes of which can, and most likely will, develop into a lawsuit unless rescinded forthwith. It is clear you have little to do in your life besides sent me emails accusing me of crimes, and writing poorly written blog posts accusing me of immoral behavior. Interesting how one making such claims, engages in most egregious conduct himself….But the sheer amount of energy really suggests something more: a lack of work; too much time; off your meds. I suggest you take a look inward and remove your defamatory and unethical blog post regarding me. Indeed, you should come clean on your blog. You’ve practiced law only two weeks before giving up. Yet, your resume suggests far more experience. I think you should rethink what you’ve done.”

Now how do you like that? Continue reading →

Illegal Immigration Insanity

I wonder what HE thinks is the sensible way to handle illegal immigration. It can't be much crazier than almost everyone else's opinion.

Yesterday the U.S. Supreme Court heard arguments on the legality of Arizona’s anti-immigration legislation, and in today’s Washington Post, columnist Dana Milbank, one of the Post’s house liberals who has the integrity to be up-front about it, presented us with a related column that reminded me how ideology can become indistinguishable from insanity.

Illegal immigration is perhaps the best (or worst) illustration of this phenomenon, a problem that requires essential and obvious measures to address, one of which—finding a route to allow current illegal immigrants to achieve legal status—is opposed “on principle” by the Right though there is  no feasible alternative, and the other—taking effective measures to block entry by future illegals and to eliminate the benefits of breaking immigration laws through tougher enforcement—is opposed by the Left on humanitarian grounds, though it is irresponsible, expensive, and dangerous. In the middle of this absurd impasse is the government, which refuses to aggressively enforce the laws on the books, either because of unholy alliances with business interests that want cheap and exploitive labor (the Republicans) or because of a cynical strategy to court a large and growing demographic group to ensure future political power (the Democrats).

In short, Nuts, Nuts, Corrupt and Corrupt. Continue reading →

Is a Plagiarist a Trustworthy Attorney? Let’s Ask Mary Frances Prevost!

This is me, apparently.

San Diego criminal defense attorney Mary Frances Prevost has an interesting post on her blog about the ethics of George Zimmerman’s first set of attorneys.

MINE.

You wouldn’t know it was mine, of course, because blogger/attorney/ former Washington Post journalist Prevost has slapped her own name on it. There it is, right at the beginning: “by Mary Francis Prevost.” I think that’s interesting.

Her post, entitled “The Trayvon Martin Case Trainwreck: George Zimmerman’s Attorneys Need To Shut Up!”, was posted the same day as the Ethics Alarms post, “Next To Board The Trayvon Martin Ethics Train Wreck? Why, The Lawyers, Of Course!”, which began, coincidentally enough, by quoting John Steel’s post from the Legal Ethics Forum that read, “[S]hut up, guys. Shut the h*** up.”  It was two introductory paragraphs later, however, when “her” post got into the substance of “her” analysis of the ethical problems with the farewell press conference given by George Zimmerman’s attorneys shortly before the shooter of Trayvon Martin was charged, however, that I really began getting a serious dose of deja vu, also known as “Holy crap! This woman stole my article!” Continue reading →

The Messy Case of the Courageous/ Zealous /Inept/ Dedicated/ Venal/ Lying/ Unethical/ Ethical Lawyer

The courtroom chaos of Gilbert and Sullivan’s “Trial By Jury” was nothing compared to this!

One thing we do know for sure: the lawyer was rushed. And therein lies much of the problem.

This mind-blowing scenario, that could have easily been an episode on “Boston Legal” or “Ally McBeal,” occurred in California.  After a week long trial in a personal injury case where the brain-damaged plaintiff’s lawyer had asked for millions in damages, jurors  deliberated only four hours and announced they’d reached a decision. Both lawyers were certain a defense verdict, against the disabled man, was coming. Plaintiffs attorney C. Michael Alder pulled defense counsel  into the hallway for last-minute settlement negotiations, hoping that the defense would agree to some damages as insurance against a surprise plaintiff’s verdict. With his developmentally disabled client (who had suffered brain injuries in a fall from an ambulance) and his mother by his side, Alder exchanged figures and rejections with   defense lawyer James Siepler, who had an insurance claims adjuster on his cellphone.

Los Angeles County Superior Court Judge Michael Johnson was impatient, for the jury was ready to give its verdict. Literally at the last second,  Alder and Siepler agreed to a  $350,000 settlement, and returned to the courtroom. “The parties have advised me that they have reached a settlement of the case,” the judge informed the jurors, adding, “They will be happy to talk with you out in the hallway to get your views.”

They got the jurors’ views, all right. The jurors told the attorneys that they were going to award the plaintiff 9 million dollars. Continue reading →

Comment of the Day: “A Last Word on the Kevin Coffay Sentence”

Brain chemistry?

Michael, who is the reigning Comment of the Day champion, comes up with another here regarding the Kevin Coffay sentence and the mitigating factor in juvenile crimes, supported by brain chemistry research, that adolescents are not as capable of rational decision-making as adults, and therefor should not be punished as severely for their reckless acts. This is his post regarding “A Last Word on the Kevin Coffay Sentence.”

“Don’t go overboard with the studies that show adolescents are incapable of being responsible, thinking rationally, or evaluating risks. If you look at such studies, they are done in a vacuum and merely state that older people are BETTER at evaluating risks (duh). The main point is that our brains continue to develop until 25 or so. Much like Titanic research, however, this research is interpreted wildly and without considering evidence to the contrary. Continue reading →

Trayvon Martin-George Zimmerman Ethics Train Wreck Post-Bail Update

Sadly, still with a good head of steam...

George Zimmerman has been released on $150,000 bail, prompting more ethical misconduct from the media and the lynch mob on the Left:

  • Cable news was reporting that Martin’s parents are “devastated” at the news of Zimmerman’s release. They should not be devastated that an innocent man (in the eyes of the law) is not being forced to stay in prison for more than a year to await trial, and the fact that they are suggests that vengeance, not “justice”, is their true objective. Meanwhile, for CNN et al. to be reporting this as if releasing a defendant on bail is some kind of gift to Zimmerman or affront to Martin’s family is irresponsible and provocative. The news organizations have an obligation to explain that bail is based on the likelihood that the defendant is not a danger to others and not a flight risk. Zimmerman is neither: he turned himself into police as soon as he was charged, and has ties to the community. In America, we do not keep people in jail before they have been convicted unless it is absolutely unavoidable. Citizens interested in ‘justice” should not be devastated when any fellow citizen is afforded freedom up to and until his guilt of a crime has been proven. It is a right they may need themselves some day. Continue reading →

Ethics Dunce, Trayvon Martin-George Zimmerman Ethics Train Wreck Division: Mansfield Frazier

"Do the right thing, George. Or else."

Mansfield Frazier, whose name I was blissfully unaware of until I read his astounding opinion piece in The Daily Beast, thinks that in order to prevent another set of deadly riots along the lines of what occurred when the police who beat Rodney King were acquitted, George Zimmerman should be persuaded to accept a prison sentence without a trial by jury of his own. “The time is now for strong hands to take the helm and steady the ship of state—not to mention our national racial, political and legal discourse. The paramount concern has to be to avert a large-scale racial calamity.” he writes.

No, the paramount concern is for the justice system to give George Zimmerman the same due process of law, same fair trial, same guaranteed legal defense and same right to a trial before his peers as any other citizen accused of an alleged crime that has not been used to fan racial hate and suspicion on MSNBC. Those concerned about potential race riots should look to the people who irresponsibly lit the fuse to ignite them, and order them to snuff out the flame. Those concerned should observe the actions of the Florida prosecutors, who have given every indication that they either have no valid case or are incapable of presenting one. They should seek to discipline a national news media that has misinformed the public about the case, stating that there were elements of racism and profiling in Trayvon Martin’s death when the evidence so far firmly establishes neither. It is not George Zimmerman’s responsibility to sacrifice his freedom to prevent a social calamity that was not and will not be of his making. Continue reading →

A Last Word on the Kevin Coffay Sentence

Keven Coffay, the teen who drove drunk, killed three of his friends as a result and fled the wreck as they lay trapped and dying, has prevailed in his effort to get the original 20 year prison sentence (for involuntary manslaughter) reduced. Now he may be released as early as next spring, on parole from his new, lenient, 8 year sentence. I won’t re-iterate my views on Coffay’s case, which are already here and here. I will make this additional observation.

In his column today, George Will discusses the science behind the growing consensus that life sentences without the chance of parole qualify as “cruel and unusual punishment” prohibited by the 8th Amendment. I don’t disagree with his conclusion, nor do I doubt, as the father of a teen-age son, that the brain chemistry of teens dictate special calculations and analysis when trying to decide on what is just punishment for crimes arising from the recklessness and poor judgment of adolescents as opposed to adults. Continue reading →

An Unethical and Stupid Blue Line

Officer Tasca, defying a police taboo

Police have a hard, crucial and dangerous job, so it is not surprising that the profession has developed a culture of rigidly enforced mutual support, the famous “blue line” that represents order against chaos, with police protecting society from the lawless and the predators, and making solidarity among the components of that line a key element in its strength. I understand why the culture has evolved to be what it is, and why an ethic of unconditional loyalty and trust thrives in police departments. There are times. however, when enforcing the integrity of the blue line serves to undermine it, and the saga of Officer Regina Tasca of the Bogota (New York) Police Department appears to be one of them. Continue reading →