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May 18, 2013
When A Lawyer Isn't Enough, Get an IP Lawyer
Mike Masnick has a long but really excellent column up on a tempest in my local teapot. The short form is that Jonathan Monsarrat and his lawyer/business partner have caused quite a stir in my part of the world by filing a raft of copyright, defamation, and generic John Doe claims over a years'-old incident.
I don't plan to write much about this because I know the named defendants and many of the John Does personally but I wanted to point out how Masnick's column illustrates something important: If you are involved in an IP-related legal action, get a lawyer who knows that part of the business. Monsarrat's lawyer-partner Mark Ishman apparently does not, which results in a serious, and epic-level funny takedown from lawyer Dan Booth. Booth and his firm Booth Sweet LLP (not LLC as printed) have been involved in fighting the Prenda nonsense and thus know a thing or two about copyright laws and their abuses.
A significant chunk of the takedown involves Booth schooling Ishman, who is no doubt a fine lawyer in his own area but appears not to know jack squat about copyright law. If you've got IP litigation on your mind, make sure you've got IP-savvy counsel, too.
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