New York disbars infamous copyright troll
Scope of Disbarment & What He Can Still Do
- Order bars him from: practicing law in any form, appearing as counsel, giving legal opinions or advice, and holding himself out as an attorney.
- Debate over letters post‑disbarment:
- One side: he can still act as a non‑attorney “authorized representative.”
- Others counter: saying “you are infringing copyright” and demanding payment is itself a legal opinion and could violate the order.
Why He Was Disbarred
- Multiple commenters stress the disbarment stems from repeated lies to courts, sanctions, and noncompliance, not from bringing copyright suits per se.
- He often did minimal pre‑filing research, sometimes missing existing licenses, and then compounded problems by misleading judges.
- A quoted judicial opinion describes a long pattern of sanctions and court-resource waste.
Is Copyright Trolling Inherently Shady?
- Some argue the core problem is a scale-based, automated “spray-and-pray” model:
- High false-positive rates.
- Coercive settlements (“pay a little to avoid huge litigation costs”) even when targets may be innocent or covered by fair use or licenses.
- Others defend legitimate enforcement for small photographers, especially against large publishers that refuse to pay.
- Disagreement over whether a specialized copyright-enforcement practice can exist without drifting into trolling.
Appropriate Punishment: Disbarment vs Prison
- Some call for prison or racketeering charges, arguing this is extortion from a trusted officer of the court and victims aren’t made whole.
- Others see prison as disproportionate for nonviolent conduct and prefer monetary sanctions or community service.
- Discussion that fraud and extortion can be criminal even without violence, but evidentiary standards for conviction are higher than for disbarment.
Licensing, Trust, and Professional Discipline
- One view: revoking professional licenses as punishment is unfair; only criminal law should apply.
- Counterview: licenses are about trust and preventing harm (analogy to revoking a driver’s license for dangerous behavior).
- Meta-debate: disciplinary systems may be used instead of criminal prosecution; concern that the legal profession is reluctant to criminally charge lawyers for misconduct.
Broader System Critiques & Anecdotes
- Copyright and patent trolling likened to protection rackets, with huge value destruction and power imbalances.
- Examples of small creators and emulator businesses allegedly crushed by litigation costs from much larger entities.
- Note that many states lack permanent disbarment; in the relevant state, reinstatement is possible after several years.