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U.S. District Judge Norman Moon in Lynchburg, Va., said he believes Brewton-Parker College President Ergun Caner’s lawsuit filed against two bloggers in 2013 was intended to silence critics and not a legitimate copyright claim....While not required to award attorney fees to defendant Jonathan Autry, Judge Moon said he chose to do so after concluding that Caner “acted with improper motive” in bringing the lawsuit and offered “frivolous arguments” to unnecessarily extend the litigation’s length and costs. “A fee award is needed to encourage defendants like Autry to protect their rights against those who, like Caner, seek to suppress criticism,” the judge said. “Equally, those like Caner should be deterred from exploiting the court system for their own purposes”....

....Judge Moon said Autry made good-faith efforts to mediate the dispute by removing uncontested videos of Caner and agreeing not to post videos of him in the future, and to sign a non-disparagement agreement. Autry balked, however, when Caner asked him to force his wife and three children — ages 4, 5 and 7 — to sign similar agreements, and he refused to turn over private correspondence without a subpoena....

....If Caner’s motives might not be clear solely from his settlement conduct, the judge said, his behavior during legal proceedings cleared up any doubt. “This case contains too many instances of Plaintiff’s dilatory conduct and objectively unreasonable litigation positions to credit his recent assertions of good faith,” the judge said. At one point, the judge said Caner portrayed Autry as a disgruntled former employee seeking revenge after losing his job, bent on harming his former boss financially by engaging in “cyber-terrorism.” Later, in his motion asking for fees, Caner claimed he “had no prior knowledge or relationship with Mr. Autry and has no desire to, in bad faith, vex and harass him.”

1 posted on 07/04/2014 3:08:45 PM PDT by Alex Murphy
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To: Alex Murphy

Not a surprise. Judges hate these kinds of suits that seem unnecessary.


2 posted on 07/04/2014 3:21:16 PM PDT by RIghtwardHo
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To: Alex Murphy

Does this mean we can now post articles on FreeRepublic from news media who “seek to suppress criticism,” under the pretense of copyright protection.


3 posted on 07/04/2014 3:25:09 PM PDT by joshhiggins
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To: Alex Murphy

Pride goeth before destruction, and an haughty spirit before a fall.


5 posted on 07/04/2014 4:42:40 PM PDT by .45 Long Colt
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