IP-WARS.NET - a forward command post of the IP Wars
create account| Front Page|Mission|Standard Operating Procedures|Operating Instructions(aka FAQ's)|Privacy Policy|Site Stats/Info|Admin Actions|Search
Sections:General|IP|SCO v World |Microsoft|grok*/OSRM|IPW Site Meta|Logbooks|Diaries|Legal Documents|View All Articles
Display: Sort:
Eagle Broadband Gets Some Cheap PR | 20 comments (20 topical, editorial, 3 hidden)
Re: Eagle Broadband Gets Some Cheap PR (4.00 / 3) (#4)
by Al Petrofsky (al@petrofsky.org) on Thu Apr 27th, 2006 at 00:43:31 EST
(User Info) http://scofacts.org

Jeff:

In stark contrast to EAG's PR claiming the case was order to proceed, Judge Elfving actually ruled in favor of one of the defendants

... The only defendant in which it appears EAG could even come close to claiming success to this point is with regard to the defendant richwill21.

One might as well say that "in stark contrast to IPW's PR claiming Eagle lost, Judge Elfving actually ruled against one of the defendants", and "The only defendant who could even come close to claiming success to this point is Benderanddundat".

Look, the ruling was quite evenly mixed: one anti-SLAPP motion was granted, one was denied, and two were neither granted nor denied. I agree that Eagle put quite a positive spin on things, but it doesn't seem much worse than what you've done in the opposite direction.

You also wrote:

In the case of a second defendant, richwill21, Judge Elfving denied the motion to dismiss per Anti-SLAPP. However, he did indicate the only issue was whether the post in question was a parody or not. As such, he denied discovery into the defendant's trading history and financial records.

I think you misunderstand. Section II of the ruling (pages 2-9) is on Eagle's motion for permission to conduct discovery to oppose the anti-SLAPP motions. One doesn't normally need to move for permission to conduct discovery, but when an anti-SLAPP motion is filed, discovery is normally stayed until the motion is decided. Eagle then moved for permission to conduct some discovery before the anti-SLAPP motion was decided. Judge Elfving explains all this on page 2. He then denied the motion for discovery with respect to Richard Williams (Doe 4 / Richwill21), but he also then decided Williams's anti-SLAPP motion, denying it. Thus, the time period of the anti-SLAPP discovery stay that was at issue in Eagle's motion is now over, and there is nothing in the order to prevent discovery from proceeding now, on any topic, with respect to Williams. However, Williams has stated that he is going to appeal Judge Elfving's order (see docket item 46), which is a separate basis to stay discovery.

Jeff:

any reasonable person would surely recognize [the Williams post] as parody, but Judge Elfving apparently felt that was a question he could not rule on.

It's a little unclear there what you mean by "that" in "that was a question he could not rule on". The question of whether or not any reasonable person would "surely" recognize it as parody is a question that Elfving did rule on. His ruling was No, such recognition is not a sure thing:

Although DOE 4 may have intended the publication to be a parody, it cannot be said that the average reader, as a matter of law, would have recognized it as a parody.

(p. 12). I happen to disagree, and I'm guessing that the appeals court will, too, but the current situation is that the only judge who has ruled on the matter disagrees with us.

As for Azevedo, I think she did a reasonable job of reporting Eagle's side of the story. The problem is that she quotes Eagle's attorney, but makes no mention of even attempting to contact either of the defendants' attorneys.

(The March 7 ruling is docket item 44, which can be found at eagle.petrofsky.org.)

  • Re: Eagle Broadband Gets Some Cheap PR by JCausey, 04/27/2006 09:19:20 EST (4.00 / 2)
  • Re: Eagle Broadband Gets Some Cheap PR by team3339, 05/02/2006 19:59:27 EST (4.00 / 2)
    • Re: Eagle Broadband Gets Some Cheap PR by JCausey, 05/05/2006 08:53:31 EST (none / 0)
      • Re: Eagle Broadband Gets Some Cheap PR by Potential Recruit, 07/21/2006 20:36:46 EST (4.00 / 2)

Eagle Broadband Gets Some Cheap PR | 20 comments (20 topical, 0 editorial, 3 hidden)
Display: Sort:

Links

Firefox 2

Use OpenOffice.org

Add to Technorati Favorites

Join EFF Today

ToTehMoon web site button

~ Merkey v The Internet et al Docs
~ Yahoeuvre
~ tuxrocks.com (SCO cases legal docs)
~ scofacts.org
~ eagle.petrofsky.org
~ Zen's Den
~ Yahoo SCOX Message Board
~ Lamlaw
~ Microsoft Watch
~ Groklaw
~ Korgwal - a Groklaw mirror
~ nosoftwarepatents.com
~ Flame Warriors
~ SCOXE Wars
~ Get your Merkey Number here!
~ Digital Law Online

Recent Comments

Breaking News and External Article Comments
General News – General Articles
by ColonelZen, January 5
60 comments
» SCO Lifeboat List from Stats_for_all – AncientBrit, May 6
» Not a single comment on the Novell... – sphealey, Jul 22
» Re: Not a single comment on the Novell... – AncientBrit, Aug 8

Eagle Loses Appeals
General News – General Articles
by JCausey, December 15
1 comment
» Re: Eagle Loses Appeals – br3n, Jan 7

The Chinese Room Revisited, Thoughts on...
General News – Diary
by ColonelZen, November 24
1 comment
» Re: The Chinese Room Revisited,... – ColonelZen, Nov 24

How to Transition a Windows Shop to Linux
General News – General Articles
by JCausey, November 21
3 comments
» Re: How to Transition a Windows Shop to... – ColonelZen, Nov 22
» Re: How to Transition a Windows Shop to... – JCausey, Nov 23
» Re: How to Transition a Windows Shop to... – ColonelZen, Nov 23

Advocacy
General News – Diary
by br3n, October 29
3 comments
» Re: Advocacy – br3n, Nov 2
» Re: Advocacy – ColonelZen, Nov 2
» Re: Advocacy – br3n, Nov 4

Very Bad News for Darl and Ralph
SCO v The World – Diary
by ColonelZen, October 13
7 comments
» Re: OT advocacy – br3n, Oct 26
» Re: OT advocacy – JCausey, Oct 28
» Re: OT advocacy – br3n, Oct 29

Some SCOX Financial Analysis
SCO v The World – SCO Related Articles
by JCausey, September 21
13 comments
» Re: Some SCOX Financial Analysis – br3n, Oct 3
» Re: Some SCOX Financial Analysis – ColonelZen, Oct 3
» Re: Some SCOX Financial Analysis – br3n, Oct 6

Open Source in Education - Opening Doors
General News – General Articles
by JCausey, September 28
1 comment
» Re: Open Source in Education - Opening... – br3n, Sep 29

An IPOWER ful experience
General News – Diary
by ColonelZen, September 25
6 comments
» IPOWER SysAdmin Doesn't Do Weekends!! – ColonelZen, Sep 29
» Re: An IPOWER ful experience – ColonelZen, Sep 29
» Re: An IPOWER ful experience – ColonelZen, Sep 29

Learning C#
Microsoft – Diary
by ColonelZen, September 23
1 comment
» Re: Learning C# – ColonelZen, Sep 23

Comment search...

Recent Diaries

SCO has a Potential and Credible BILLION Dollar Liability
by ColonelZen - March 15

The Chinese Room Revisited, Thoughts on Consciousness
by ColonelZen - November 24
1 comment


Advocacy
by br3n - October 29
3 comments


An IPOWER ful experience
by ColonelZen - September 25
6 comments


Learning C#
by ColonelZen - September 23
1 comment


Getting ruby DBI for Mysql and Postgresql working on FC 6
by ColonelZen - March 7

Declaration of Linus Torvalds
by nedu - February 13
1 comment


Declaration of M. Douglas McIlroy
by nedu - February 12
6 comments


Declaration of Ulrich Drepper
by nedu - February 11
1 comment


Declaration of K. Y. Srinivasan
by nedu - February 11


More Diaries...

Login

Make a new account

Username:
Password:

SourceForge Logo Powered by Scoop

All trademarks and copyrights on this page are owned by their respective companies or owners.
Comments, articles and logbooks are owned by the Poster. By posting on the ip-wars.net web site, all posters grant a license to ip-wars.net to publish the content and release it pursuant to the Creative Commons License that covers the rest of the site. For more details, please check out the Standard Operating Procedures. Also, please read the Privacy Policy for the site. Finally, DO NOT send e-mail to the site owner (Jeff Causey) unless you have read and agree to the terms regarding e-mail included in the Standard Operating Procedures.
Everything else © 2004, 2005, 2006, 2007 ip-wars.net and Jeffrey G. Causey and is licensed under a
Creative Commons License
This work is licensed under a Creative Commons License.