Personally my favorite part of the history is on the “Dishonest behavior by government lawyers” page:
https://cr.yp.to/export/dishonesty.html - the disclaimer at the top is hilarious: “This is, sad to say, not a complete list.” Indeed!
Are you implying that he didn’t contribute to the first win before or during EFF involvement?
Are you further implying that a stalemate against the U.S. government is somehow bad for self representation after the EFF wasn’t involved?
In my view it’s a little disingenuous to call it a stalemate implying everything was equal save EFF involved when the government changes the rules.
He challenged the new rules alone because the EFF apparently decided one win was enough.
When the judge dismissed the case, the judge said said that he should come back when the government had made a “concrete threat” - his self representation wasn’t the issue. Do you have reason to believe otherwise?
To quote his press release at the time:
``If and when there is a concrete threat of enforcement against
Bernstein for a specific activity, Bernstein may return for judicial
resolution of that dispute,'' Patel wrote, after citing Coppolino's
``repeated assurances that Bernstein is not prohibited from engaging in
his activities.'' - https://cr.yp.to/export/2003/10.15-bernstein.txt
Sure, EFF played a major role in that case as did Bernstein. It made several lawyers into superstars in legal circles and they all clearly acknowledge his contributions to the case.
Still you imply that he shouldn’t have credit for that first win and that somehow he failed in the second case.
EFF shouldn’t have stopped fighting for the users when the government changed the rules to something that was also unacceptable.
The original poster said “he won a case against the government representing himself” and I felt that statement was incomplete, if not inaccurate and wanted to correct the record. I’m pretty sure Dan, if he was here, would do the same.
You appear to be throwing shade on his contributions. Do I misunderstand you?
A stalemate, if you already want to diminish his efforts, isn’t a loss by definition - the classic example is in chess. He brought the government to heel even after EFF bailed. You’re also minimizing his contributions to the first case.
His web page clearly credits the right people at the EFF, and he holds back on criticism for their lack of continuing on the case.
Sorry I didn’t know that part. I have only seen Professor Bernstein once (he had a post QC t shirt on so that’s the only way I knew who he was ). I have never interacted with him really. He is also the only faculty that is allowed to have a non UIC domain. Thank you for correcting me .
Personally my favorite part of the history is on the “Dishonest behavior by government lawyers” page: https://cr.yp.to/export/dishonesty.html - the disclaimer at the top is hilarious: “This is, sad to say, not a complete list.” Indeed!
Are you implying that he didn’t contribute to the first win before or during EFF involvement?
Are you further implying that a stalemate against the U.S. government is somehow bad for self representation after the EFF wasn’t involved?
In my view it’s a little disingenuous to call it a stalemate implying everything was equal save EFF involved when the government changes the rules.
He challenged the new rules alone because the EFF apparently decided one win was enough.
When the judge dismissed the case, the judge said said that he should come back when the government had made a “concrete threat” - his self representation wasn’t the issue. Do you have reason to believe otherwise?
To quote his press release at the time: ``If and when there is a concrete threat of enforcement against Bernstein for a specific activity, Bernstein may return for judicial resolution of that dispute,'' Patel wrote, after citing Coppolino's ``repeated assurances that Bernstein is not prohibited from engaging in his activities.'' - https://cr.yp.to/export/2003/10.15-bernstein.txt