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Ah, it's pleasant to see a lawyer doing his job well
device
jducoeur
For those following the JonMon debacle, I commend to you this letter from Ron Newman's attorney to JonMon's lawyers. It is *not* short, but it's magnificently detailed, and kind of a fun education in various aspects of legal theory.

It's much too polite to come out and actually say, "What the *fuck* are you people thinking?", but goes through the matter point-by-point, detailing why it's essentially nonsense from a legal perspective -- frequently mis-applying the laws in questions, often outright lying, sometimes just not even making sense. (With a particular emphasis on the way that JonMon is essentially attempting to sue Ron for everything bad anybody has ever said about him online, ever.)

And it finishes with the point that this whole thing has been handled so abysmally, it probably opens JonMon (and maybe his counsel) to a much better-supported countersuit. One especially interesting detail is that JonMon's threating letters, demanding that comments be taken down, can be constituted as suborning spoilation of evidence, which I gather the courts frown upon.

It goes into particular detail about a point that's been gradually emerging: that JonMon's new *business* is about identifying people without going through the usual processes, and this whole thing may have been an incredibly poorly-thought-out publicity stunt. He's been making a big point of finding the real-world info about all of his targets, apparently without any court orders, and handing them legally-threatening letters. The business idea might actually have been a bit clever, but it's hard to think of a more idiotic way to demonstrate it.

Anyway -- it's long and dense, but rather a fun read. Recommend for those interested in the realities of the laws concerning defamation, online conversation and the like, or simply if you enjoy a well-executed smackdown...

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I had to fan myself a couple of times, because that letter is sexy as hell.



Edited at 2013-05-16 04:32 pm (UTC)

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...do you honestly think I didn't read to the bottom?

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It begs one to create the term "Prenda-like".

Yeah -- as I was reading it, I was very struck by the fact that my fairly casual comparison between the cases last week looks a *lot* less flippant now...

That letter is awesome. The required legal response part is pretty short, just the first few pages, but the part after, where he slaps the other lawyers and the lawsuit six ways to Sunday is just beautiful. A perfect example of 'You're wrong. And now I will show you why.'

Did you see this comment on UHub? Apparently the NC lawyer's "office suite" is a mailbox at The UPS Store in a strip mall.

Comedy gold.

I felt that letter should have come with sound effects that emphasized each point: BIFF! ZOWIE! SOCK!

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