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March 2019
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Two Months Later, News Orgs Are Finally 'Allowed' To Report On Top Vatican Official's Child Molestation Conviction

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Back in December, we wrote about the insane attack on free speech perpetrated by the Australian court system, barring anyone from reporting on the fact that "third most powerful person in the Vatican," its CFO, George Pell, had been convicted of molesting choir boys in Australia in the 1990s. Only a very small number of news sites reported on this at all, out of fear of the Australian government going after them. Even the NY Times (of all sites) only published the story in its physical paper, and not online, to avoid the possibility that readers down under might see the story. We even got some pushback from some people for publishing the story, with them saying it was necessary to make sure Pell's second trial on similar charges was "fair." Of course, we've handled these issues differently in the US for decades, in a way that seems to work just fine: the press is free to report, but jurors are restricted from researching or reading about the case. That system inconveniences the fewest number of people, retains a system of fairness, and does not stifle a free and open press.Either way, on Tuesday, the Australian court system finally lifted the gag order allowing official reports to finally be written. As for why the gag order was finally lifted? Apparently that all important second trial? It's been called off.The Washington Post story above has many more details about the case that were kept secret, including the fairly graphic and horrifying details of what Pell did to some choir boys in the 1990s. It remains an insult to the work of the media that so many were forced to stay silent over these details. I recognize that not everywhere else has a First Amendment like the US does, and that protections for freedom of expression and freedom of the press vary from country to country, but Australia's press gag here is notable for keeping such important details secret and for scaring the media in other nations, including the US, from publishing their stories as well.

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Strike 3's Lawyer Sanctioned By Court, Excuses His Actions By Claiming He Can't Make Technology Work

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When it comes to the art of copyright trolling, part of that art necessarily pretends that all potential victims of the trolling effort are assumed to be masters of both technology and copyright law, such that they are both responsible for what goes on with their internet connections and that no action they take could possibly be a forgivable accident. These assumptions operate across the victim spectrum without regard to the the victim being of advanced age or incredibly young, or even whether the victim is sick or lacks the mental capacity to carry out the supposed infringement. The assumption in just about every case is that the accused is fully responsible.Which is the standard that then should be applied to Strike 3 Holding's lawyer, Lincoln Bandlow, who had to go to court to explain why he and his firm failed to provide a status update on 25 cases, despite the court ordering he do so, and was forced to explain why he thinks the court shouldn't just sanction him. Barlow attempts to explain this all away as a simple matter of he and his firm not being able to make their technology work.

The most recent sanctions hearing in Sacramento came as a result of Bandlow and Strike 3 failing to provide a status report related to at least 15 cases within a 45-day period. On Jan. 2, Magistrate Judge Carolyn Delaney ordered Strike 3 to explain why it shouldn’t be sanctioned $250 for missing those deadlines. At least 25 Strike 3 cases are at issue on Wednesday, according to a search of Strike 3’s court dockets.Bandlow said in court filings that Strike 3 failed to file the status reports because it had “encountered issues with its calendaring procedure” for cases in U.S. District Court for the Eastern District of California. He also said the filing mistakes were in part due to a lack of staff during the holidays and an inability to receive emails from the court.
In a separate interview, Bandlow complained that this whole issue is ridiculous, since he claims that in his copyright trolling cases there would be very little about which to update the court after a mere 45 days. He also blamed the failure to provide these status updates on his firm's spam filter. The claim is, apparently, that the firm's spam filter blocked several emails from this specific court. In addition, he and his firm also had issues using this specific court's docketing software.None of which, mind you, would have been valid excuses were this one of Bandlow's copyright cases. You can practically hear one of Strike 3's victims proclaiming that they weren't sure how to set up proper security on their wireless access point to make sure others couldn't come along and use it to infringe. It's obvious how that argument would play to Bandlow's ears were it to be made.It's also worth noting that this particular lawyer aand this particular law firm are not the typical copyright trolling outfits. Fox Rothschild is an enormous firm, employing more than 900 attorneys. Barlow is a higher-up at the firm. With the resources afforded to this lawyer at this firm, blaming technology for not meeting court-mandated deadlines is laughable. And, yet, here he is blaming his inability to whitelist the court's email server as the reason he should not be sanctioned for not following the court's orders.Well, that and the ridiculous claim by Bandlow that he's already sanctioned himself.
Bandlow voluntarily dismissed the cases in which he missed a deadline and told the court he would not file new cases in the Eastern District of California until he was able to fix the technical problems he was experiencing with the court.“In essence, we’ve sort of sanctioned ourselves in a weird way because that is $400 per filing, and all of that is down the drain,” Bandlow said.
It takes a lot to make me cry and this doesn't quite reach that bar. And it didn't meet the court's bar either, apparently as the decision came down to sanction Barlow despite his excuses and despite the voluntary dismissal of the cases in question.
In light of Mr. Bandlow’s representations at the hearing, the court recognizes that his bad faith is not the most egregious kind. The court believes that Mr. Bandlow’s apologies are sincere. At the same time, the fact remains that Mr. Bandlow delayed and disrupted the litigation here by willfully ignoring, and thereby disobeying, explicit orders and warnings from the court—conduct that is unacceptable from any attorney, let alone one with over twenty-five years of experience. See Chambers, 501 U.S. at 46. Therefore, for the foregoing reasons, the court determines that it is appropriate to impose monetary sanctions on plaintiff’s counsel, Lincoln D. Bandlow, but in a lesser amount than originally contemplated.
The sanctions only amount to $750. Still, this is the first time Barlow has ever been sanctioned by a court and it only happened once he decided to get into the trolling bed with a porn company infamous for copyright trolling. Perhaps that will serve as some kind of a warning for other attorneys out there.

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posted at: 12:00am on 01-Mar-2019
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