Tuesday, June 17, 2014

I'd like to suggest a change in nomiclature

The actions of Prenda, Malibu Media, and the Dallas Buyers Club are "Copyright trolling", but that's really not accurate because it doesn't convey the seriousness of their misconduct. In fables a troll is a brutish creature that lives under bridges.  On the net, a troll is a bully who enjoys riling people up.  While I agree that Malibu Media and Prenda are indeed bullies, that is not all that they are. They are extortionists.  Judge Wright put it best.

Plaintiffs have outmaneuvered the legal system. They’ve discovered the nexus of antiquated copyright laws, paralyzing social stigma, and unaffordable defense costs. And they exploit this anomaly by accusing individuals of illegally downloading a single pornographic video. Then they offer to settle—for a sum calculated to be just below the cost of a bare-bones defense. 
That is extortion, but don't take my word for it.  Take it from Webster:
ex·tort -- verb (used with object)--  to wrest or wring (money, information, etc.) from a person by violence, intimidation, or abuse of authority; obtain by force, torture, threat, or the like.
Prenda and Malibu Media threaten to sue people to sue people for downloading files, regardless of whether or not the file can be found on the computer.  Regardless or whether or not the person was even in the country.

We call that copyright trolling.  But its not.  Its copyright extortion.  And it should be referred to as such.


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