Comment Re:Okay [sounds like a decent result] (Score 3, Informative) 267
Christoph, well done overall and I'm certainly on your side with respect to the copyright issue, but your position on the lawyers doesn't hold up as well.
Attempting to quash a subpoena is almost standard procedure. Under precisely what law is that "willful ignorance"?
Your response mixes together what the other party knew and did and what his lawyers knew and did. It also mixes together the court's findings-of-fact with what the lawyers knew, should have known, were told, and were required to do. Moreover, you are simply wrong about what the lawyers' responsibility was. Lawyers need not have "personal knowledge" of the facts claimed to be true. They need only believe the facts claimed to be true based on information from the client. We could certainly argue about whether that's good public policy, but that's the way it is. And finding out midway that the client's story may be false does not necessarily equate to malicious prosecution or abuse of process.
Attempting to quash a subpoena is almost standard procedure. Under precisely what law is that "willful ignorance"?
Your response mixes together what the other party knew and did and what his lawyers knew and did. It also mixes together the court's findings-of-fact with what the lawyers knew, should have known, were told, and were required to do. Moreover, you are simply wrong about what the lawyers' responsibility was. Lawyers need not have "personal knowledge" of the facts claimed to be true. They need only believe the facts claimed to be true based on information from the client. We could certainly argue about whether that's good public policy, but that's the way it is. And finding out midway that the client's story may be false does not necessarily equate to malicious prosecution or abuse of process.