On 30 Nov 2010
Realtors attempt to deny patrick.net first amendment protection,
Katy Perry says
They are not going to file a frivolous lawsuit
what do they have to lose.
#1 It’s a waste of their time and money. You don’t fight when you know you are going to lose. You bully yes, but you don’t fight.
#2 Depending on the jurisdiction, the other side can get their attorneys fees paid by the filer of the frivolous lawsuit.
#3 Also depending on the jurisdiction, judges can penalize the attorneys for filing a frivolous suit, although this is rare.
Let's see. Let's assume this site has an order of 100,000 readers. Given its quality and word-of-mouth marketing in full swing, it is reasonable to expect it to go up to 1,000,000 in the next year or two. Let's assume that reading this site results in delay/cancellation of real estate purchase plans, accelerated strategic foreclosures etc. for 80% of readers. Let's further assume that average value of such unfulfilled real estate transaction is $300,000. And let's take the real estate agent commission as 6%. 1,000,000*0.8*300,000*0.06 = $14,400,000,000.
It's $14 billion in potentially lost commissions folks! Now, granted, this site is not the only one "telling the truth", and readers numbers growth is speculative. Yet still, even if we dilute the numbers by 1/10 the influence, 1/10 the growth, and 1/10 the "goodwill value", it's still order of $10M.
Makes perfect sense to spend couple million dollars to protect at least 10, doesn't it? They don't even have to win the case, they only need to strangle the Patrick's ability to maintain the quality site. With quality down, the readers will depart. Seen it done over and over to sites I subscribe to. The attack is for real, take it to the bank. On 30 Nov 2010
Realtors attempt to deny patrick.net first amendment protection,
Patrick, I find the advices that Ellimae compiled and extended most relevant. With all due respect, it appears you are not yet reacting properly. I will put the situation in more graphic terms.
Imagine a criminal on the street has attacked you with a knife. Regrettably, most “normal” people end up dead in this situation. Number one reason, as related by police experts who specifically researched typical situations and typical victim responses, is that the victims have no prior frame of reference to quickly and fully believe that the attacking thug has intent to kill them.
Some people freeze, a natural and beneficial reaction in everyday life – it is reasonable to not act before the situation is completely clear and plan of action is finalized. Yet those people end up stubbed and bleeding the soonest. I’m glad to see that you did not freeze but at the very least cried for help – a much better response.
Some people try to run – way better reaction than freezing. Some of them get stubbed in the back or buttocks anyway, yet the probability of survival goes way up. In some situations (e.g. your loved ones are with you) running away is not an option. I have reasons to believe that you love what you do strongly enough to exclude running.
The third option is protecting oneself. Once again, most victims don’t do it correctly as they were never trained in that. The autopsies routinely show that the deceased victims repeatedly tried to intercept the knife with the palms of their hands, the way one instinctively do it and the way we often see little kids intercept opposing kid’s hands in kindergarten scuffles. I regret to say that I observe this behavior in you too, Patrick.
Lawsuit, just like knife, is a human-made killing tool, for which normal people do not possess instinctive means of defense. So one has to learn and practice the defense techniques, including armed ones, ask others for help, employ “defense professionals” etc. All of that are quite unnatural activities, yet absolutely necessary if one ventures out on the dark streets filled with criminals, as you did.
Here are steps for the proper defense:
(1) Quickly and fully believe that you are under a life-threatening attack. Your situation is akin to someone who stumbled upon a band of thugs robbing a hapless victim on a street, tried to help, and had one of the criminals come after you with a knife. You really came to the help and tried to push the thugs away, thus materially impeding their business of separating the victim from his money. They are bound to retaliate ferociously.
(2) Quickly assume defensive posture. There are many schools of defense and corresponding defensive postures, yet all of them have common goals of becoming less vulnerable, more mobile, and prepared to deliver a counterblow. You received many advices here on practical steps of protecting yourself – all of them good IMHO. Just don’t stand there relaxed and erect pretending that nothing has happened! (Actually, I was trained a bit in a martial art that suggest relaxed and erect defensive posture, it also suggests hyper-relaxation for deceptive and quick whip-like blows and readiness to move sideways with incredible speed using the force of gravity and natural body mechanics, yet it is quite esoteric and requires long time to attain mastery, something you don’t have at the moment).
(3) Get the hell away from the line of attack! Against knife, this could be as simple as stepping aside, or twisting your torso, or jumping back. The trick is to do it without hesitation and very quickly. If none of this is doable due to physical constraints, deflect the knife arm thrust with your forearm. If this is not doable either, block the thrust with your forearm.
In your case, you need to immediately get away from the line of present attack, which progresses along the copyright issue. Just don’t be there! Remove the references to their copyrighted name. You are kind of trying to block by editing the logo and adding copyright symbol, yet this is the riskiest option during the step (3) as you are getting in contact with the knife hand and trying to stop it, and a tiny little slip may result in your blocking arm getting injured by the blade. The sheer force of impact from the attacker’s forehand can also injure it, as the thug delivering the blow is very large, muscular, and experienced in this kind of fights. Deflection in combination with evasion is much safer. Once again, just don’t be there!
(4) Counterattack! Simultaneously with the evasion and deflection, deliver a series of incapacitating blows aiming to the most vulnerable areas, preferably head and neck. Don’t bother striking the knife arm and especially trying to fight the knife itself. The thug will naturally drop the knife (notice the correspondence – drop the lawsuit) once his brain is sufficiently rattled by your counterattack. The analog of head in this case is of course the management. The analog of your fists is the media, politicians, and prosecutors. You got quite a few of valuable suggestions related to whom you could engage in this matter. Do it now! Do it with full power! Turn the tables and let them be on defense, for instance, for committing a conspiracy to silence a publisher who may be helpful to prosecutors bringing up a federal case against them.
(5) Once the immediate danger is eliminated, disengage. Your actions and cries for help will have resulted in police and other people taking up the issue with the thugs. Watch your back, look around, and move out of the engagement area. A very important step! If you stay in too long, the friends of the thugs, or a thug you haven’t noticed in all the commotion and stress-induced tunnel vision you’ve developed may come along to stub you in the back. Don’t make it personal. Criminals do respect civilians able to protect themselves and tend to stay away from them. Yet they have to protect themselves too from over-eager civilian crime fighters. Use your best judgment to only pick fights that matter.