Tag Archives: lawfare

China Acting Stupidly

China boycotts the World Games Opening Ceremony in Taipei
China arrests Australian employees, after a take-over deal is cancelled.

Bizarrely, this is all happening at the same time as another inexplicable act: China agrees to personal sanctions against individual North Korean government officials.

Who knows what is happening here. Perhaps the Australian arrests are a result of guanxi corruption, and the Taipei boycott was how the government looks tough before working with Washington on North Korea. Or maybe something else. Certainly the first two stories are as disappointing as the third one is encouraging.

Update: For a different perspective, see this post that misses the point.

China has engaged in a series of lawfare attacks against Rio Tinto after a business deal with Rio Tinto went south. First talk about a brand new anti-monopoly which would have been aimed at Rio Tinto, now this sudden ‘espionage’ arrests of Rio Tinto execs, etc.

Anyone wanting to do business with China now knows that if China does not get the price it wants, arrests might follow.

China is current a system with a rule-by-law, but not any rule-of-law. The laws are applied selectively against those who displease powerful interests in business and government (largely, the same thing).

Ars Doziera

Ars Technica, a popular website on the technical arts that includes breaking news, user forums, and other features, prominently features the Dozier Internet Law / DirectBuy scandal by comparing it to another bizarre lawsuit.

The Ars Technica article focuses mostly on the contributions of Public Citizen and Willam Patry (who, I learned, is also Google’ top copyright lawyer).

One of the hardest things about following the story is how quickly people are coming forward. Wicked Boring discusses this as a strategic lawsuit against public participation, New York Attorney Malpractice Blog quotes an length an earlier essay, Citizen Media Law Project is not impressed, and Curtis (who previously discovered by John Dozier is a plagiarist) tries to throw cold water on collective non-violenct self defense

That’s it for now!

Lawfare Backlash: DirectBuy + Dozier Internet Law

As I wrote on Dreaming 5GW, these are some of the many blogs:

that are reacting to Public Citizen‘s posting of a legal threat (pdf) and subsequent reply (pdf) in the attempt of Direct Buy (and Dozier Internet Law) to shut down negative reviews online.

The case is informative because it shows how the generations of struggle depend on the scale you are looking at. Looked at one way, Public Citizen is engaging in a 4G campaign against aggressive legal threats on speech. But in another way, Public Citizen is a 5G organization, essentially unconcerned with the fate of DirectBuy or Dozier Internet Law, and looking to change the rules of the game under which the company and the lawyers operate This is because “generations” just measure the degree of kinetic dispersal, and a broader frame of reference allows one to see more dispersion.

The Real-Time Consequences of the JL Kirk Associates kirking

The story is now famous. A blogger pens a negative review of a job placement agency (J.L. Kirk and Associates). The agency responds with a mean-spirited comment and then threatens legal action. A national media outlet picks up the story, and now “to kirk” has a new meaning. In particular, “kirking” means to damage one’s own reputation by the incompetent use of strategic lawsuits against public participation (SLAPPS).

One way to measure this is to look at the first three pages of google results for the phrase j.l. kirk. This is the term a potential client or business partner of JL Kirk Associates would most likely use to find out information about the company. As of now, these are the first three pages worth of google results for that term:

(The hyperlinked entries go to negative reviews of the company for its attempted use of the law-courts to silence a critic.)

If the kirking becomes complete, and all but the J.L. Kirk & Associates homepage drops off the first three pages of google links, then (as things stand now) the following 9 pages must move up:

And to round out the top 11, let’s remember Jim River Report‘s first announcement, and the tdaxp SLAPP (strategic lawsuits against public participation) category, which also contain information on lawfarite thugs such as Active Holdings, Jim Abourezk, and NationMaster.

And we need one more, so why not the fark summary?