Barry Sookman – I stand by my post

I feel awful. My ‘Post Nasal Drip’ has reached the point, that if I don’t post this tonight, I’ll have to post it ‘Posthumously.’

I got up this morning, and noticed Barry Sookman had deigned to respond to my criticism. He wrote:

barry said…

I stand by my post. The quotes in my blog were collected several months ago, so any deviations could be due to subsequent changes at the sites.


And yes Barry, I moderate too. Unlike you I approve all responses that aren’t link spam. This is Liberty Hall. You can spit on the mat, and call the cat a bastard. Though I really wouldn’t recommend doing that. Both of my dogs are scared witless of her, and she’s less than half the size of the beagle.

As to your response, I’m sorry Barry, but I just don’t buy this. You remember what was on the sites months ago, but can’t provide any proof? How do we know that your memory is any good? How do we know that you aren’t just making this up?

You are a lawyer. If you went into court with something like this, the judge would have your head, and quite rightly so. I’ve seen what happens to lawyers who don’t do their work properly, and raise the judge’s ire. And I’m not a lawyer, I’ve just been involved in several very interesting lawsuits.

You claim you stand by your post. But you edited it to remove the points I had complained about, did so without indicating to your readers that you had any problems (indeed there is no evidence in the article to indicate that you removed over a third of it). I didn’t even get mentioned in the updated article, though it could be argued that I had more to do with it’s current state than you do.

If you had come out and said, ‘Oops, I messed up,’ I would have had some respect for you. Instead you’ve just gone on my watch list. I’ll be reading everything you post. If you mess up, I’ll let you know. I’ll let everyone else know as well, since I don’t trust you to do so.

Oh, and you still haven’t fixed several other obvious errors. I’ll leave you the job of finding them, it will be good for your soul. And I’ve noticed while you posted the news about Argentina, that you haven’t posted the news about Chile. Naughty, naughty. Trying to hide defeats for your side is typical of the man you are showing us.


10 thoughts on “Barry Sookman – I stand by my post

  1. You can believe whatever you want to. I have screen shots for every quote I referred to and so know I was 100 percent accurate on them. I have nothing to prove to you and do not intend to debate my integrity with you.

  2. If you had nothing to prove to me, you wouldn't be here.But anyway, don't debate the issue, prove it. If you have the screen shots, post them. Of course if you don't post them, you know what conclusion you are leading me to.

  3. I think debating Barry is a great way to learn how some of the old economy incumbents think. We've met in person and he is a very nice person. I question his knowledge and experience on certain key economic and technical questions, but I do not question his integrity. I believe that he actually believes what he is saying.Like many lawyers I know he doesn't have a technology background, so his ideas on how DRM or the Internet works will tend towards being as accurate as the average grandmother. I also think if he were ever directly asked he would side with protecting incumbent business models over protecting private property rights. I think like many who work for incumbents he is fearful of transformative changes for all the reasons documented in the Innovators Dilemma.We've had a chance to discuss how I consider DRM to be anti-copyright (It is a replacement of copyright, not a protection of copyright) and anti-property Through these conversations I have been able to better understand my own thinking on these critical issues.So, engage Sookman whenever you can. Unlike others who work for or otherwise support the old-economy incumbents, he is quite willing to have civil and informative conversations with you.

  4. Russell,I have spent most of the last 35 years dealing with and making money off people who don't understand things. That is what our economy is based on. Knowledge. Barry sells his knowledge of law. I sell my knowledge of a wide range of technologies (for example I am one of a few people in North America capable of designing a 3-Way catalytic converter for an automobile engine). So if Barry doesn't understand things, that's fine. There's a lot of things I don't understand either.Where I have issues, is when someone either doesn't do their homework, or when they don't do the math to support their conclusion, and that's why I've been picking on Barry. He doesn't always include references in his writing, and often the references that he does include are useless (a reference to a book that I don't own a copy of is useless to me). He also doesn't always think things through, for example his numbers are wrong on his post about Torrent sites. They just don't add up. Is he going to fix this? I don't know. But I'm going to leave it for a couple of days, to see what he does.As to whether he is a nice guy or not, well, most people that I meet are pretty nice once you get to know them. I've only ever meet one person that I considered 'evil.' So whether he is a nice guy or not really doesn't matter. What matters is whether he is:1) Accurate2) TruthfulI have issues with his accuracy level, which based on the last six months worth of his blog postings isn't all that good. I don't know if the problem is that he's rushed, or if he just doesn't take his blog seriously, but he's made some really basic blunders, and I'm calling him on some of them.In closing – on Digital Copyright you mentioned posting this to Michael Geist's blog:But if you look at the source of the claim that Canadian law is lax, it is his clients. The legitimate solution would be for him and his clients to stop misleading people (ranging from politicians to torrent sites) about the state of Canadian law. If more Canadians believe that Canadian law is lax, then Mr Sookman and his clients are to blame — not Canadian law.As a 'clerk of the court' is his responsibility to his clients, or the Canadian public? This makes a huge difference. Now I'm not a lawyer, and I don't know the answer. Barry, would you enlighten us?

  5. Wow, this guy is classic – you'd think with the cash that CRIA etc. have they could afford afford to upgrade the standard lobbyist bot to include a brain.BTW, that cat of yours is a real bastard 🙂

  6. Barry,Considering you've publicly called upon our government to enact a 3 strikes graduated response, I think your "integrity" is worth debating under the circumstances.Confronted with facts, your side of the debate loves to tuck tail and run. All the more reason why the public has every right to question and debate your "integrity".

  7. "spit on the mat, and call the cat a bastard"Dang, I've always appreciated your posts on Groklaw, but didn't know you were a Commodore Grims fan. Should have known.

  8. OK – shameless plug (after all, these are friends of mine!)Heh. Go take a look at this: That's Shirley Meier, author, Brown Belt, and mother under the armor and fake blood. She was an extra in a local production called Journey to Promethia, you can see the trailer here: movie is in post production, I'm not sure when the release will be yet. Oh, and they are looking for funding for the next movie, so if anyone wants to toss some cash in the pot, I'll be happy to provide contact information.

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