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February 2021
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Louisiana AG Sues Journalists To Keep Them From Obtaining Documents Detailing Sexual Harassment By Top Prosecutor

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Another public official is attempting to make the public records request process even more aggravating and expensive than it already is.In many cases, the public does what it's allowed to do: request records. And, in many cases, governments refuse to do what they're obligated to do. So, people sue. They dig into their own pockets and force the government to do what they were always supposed to do. And when they do this, the general public digs deep into their own pockets to pay government agencies to argue against the public's interests.This is diabolical enough. It's also, unfortunately, the standard M.O. for government agencies. Pay-to-play. Every FOIA request is a truth-or-dare game played on a field slanted towards the government, which has unlimited public funds to gamble with.But when just being dicks about isn't diabolical enough, government agencies and officials go further. When it's simply not enough to engage in litigation as defendants and argue against accountability and transparency, these entities go on the offensive.That's right. Government agencies and officials occasionally engage in proactive lawsuits, daring the defendants (i.e., citizens making public records requests) to prove they're entitled to the documents. This shifts the burden away from the government and onto the person with limited funds and almost nonexistent power. It's no different than demanding millions for the production of PDFs. It's an option deployed solely for the purpose of keeping everything under wraps.The latest participant in the "fuck the public and our obligations as public servants" is Louisiana's Attorney General.

Louisiana Attorney General Jeff Landry on Friday sued a reporter for The Advocate and The Times-Picayune over a public-records request she filed, asking a judge to issue a declaratory judgment denying the request and seal the proceedings.The unusual action came a few days after the newspaper warned Landry that it intended to sue him if he didn’t turn over the requested records.
Welcome to Louisiana -- a state where government officials and employees don't even need to camouflage their desire to screw the people they're supposed to be serving because a whole bunch of local laws encourage this screwing. In this case, the AG undid the lawsuit threat -- one predicated on the state's refusal to hand over requested documents -- by firing off a lawsuit of his own. And just like that, the burden of proof needed to keep these documents out of the public's hands has been shifted to the public, as represented by the Times-Picayune.One has to ask why the AG would need to keep these records hidden. There's alleged malfeasance afoot, and the sooner the public has some straight answers, the sooner this can be taken care of. The AG's decision to insert himself and his disingenuous lawsuit into the proceedings makes everyone involved look guilty... especially since the malfeasance is coming from inside the house.
The matter dates to Dec. 14, when the reporter, Andrea Gallo, first filed a public records request with Landry’s office seeking copies of sexual harassment complaints against Pat Magee, the head of the office’s criminal division, and records of how the complaints were handled. Magee was placed on administrative leave pending an investigation that day.
It's a terrible move in terms of optics. But it's a brilliant move if you care less about optics than protecting your government brothers (and, to a much lesser extent, sisters).This is the sort of thing that would be greatly served by proactive transparency. Maybe the allegations are false. Maybe they're substantiated. But deciding to sue records requesters rather than turn over documents suggests it's the latter. And it suggests a cover-up in the works -- one that, at the very least, will allow the accused to resign before it can affect the accused's career or pension.Optics matter. And they matter even before the facts are in. Being upfront with the people you serve generates goodwill -- something that's valuable to have in your pocket when government employees screw up. Suing the public before they can sue you says the public is subservient to their supposed public servants. It says the government would rather anger people and drain them of their money than engage honestly with the problem and carry out their obligations to the public.This is garbage. But it's the same overheated garbage we've seen for years. And nothing will change as long as government agencies can use tax dollars to pay for legal arguments against transparency and accountability.

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posted at: 12:00am on 12-Feb-2021
path: /Policy | permalink | edit (requires password)

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Epic Games' Case Against Teenage Fortnite Cheater Finally Settles

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As you may recall, back in 2017 Epic Games went on something of a crusade against cheating in its online hit game Fortnite. While much of Epic's attention was focused on websites that sold cheating software for the game, the company also set its sights on individuals who were actively promoting the use of cheating software in online videos. One of those Epic sued was a 14 year old who, if I'm being frank, sounds like a bit of a jackass. While the teen, identified in court documents only as "C.R.", was having his own mother defend him in letters to the judge in the case, he was also then going around uploading still more videos advocating the use of cheating software and taunting Epic Games. Epic's lawyers defeated the teen's mother, which, real feather in their cap for that I suppose. And so the trial continued.Until recently, when, as Epic has done in other cases against underage targets for its litigation, the company and the defendant managed to come to a settlement.

Epic Games has settled a three-year-long lawsuit against a teenage Fortnite player who was accused of using cheats in the game (thanks Law360). C.R., who was 14-years-old at the time of the 2017 lawsuit, was alleged to have been using and advertising Fortnite hacks on his YouTube channel.The Notice of Voluntary Dismissal doesn't reveal any details about the settlement, just that Epic, C.R. and his court-appointed guardian have agreed to dismiss all claims and action following the Court's approval of the settlement agreement.  
It is unlikely that any serious money changed hands as part of this. What Epic Games was after was a cessation of advocating of cheating software in order to curb its use. But, still, a three year long case against a large company for a teenager and his family had to come at a massive price tag in legal bills alone. And, frankly, the real question is what the point of this all was? If it was the stomping out of cheating in Fortnite that Epic was after, well, it sure as hell didn't accomplish that mission.Hell, it was just over the past summer that cheating in Fortnite tournaments appeared to reach its crises apex.
For the last couple of years, Fortnite has been considered one of the few titles that catches and removes cheaters fairly effectively. However, with cases recently skyrocketing, it seems that a lot of foul play may simply go undetected.Following Sunday’s fourth and final round of FNCS qualification, Twitter was flooded with posts relating to a player named Kona. They openly used cheats to get through opens and semis, and were only banned after going live on Twitch with the client still onscreen.
So the company went legal on a teenager and his mother to combat cheating, an effort that completely failed. That was really worth all the trouble, Epic?

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posted at: 12:00am on 12-Feb-2021
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