Eben Moglen, a professor at Columbia Law School and founder of the Software Freedom Law Center, has recently been barred from attending the depositions of two key individuals in a legal case centering around software rights. As a high-profile case that resounds within the spheres of legal and technological communities, the unfolding situation casts an illuminating light on the conduct of litigations and how they are regulated within the legal realm.
Karen Sandler, a lawyer for the Software Freedom Conservancy and former law student of Moglen’s, along with programmer Bradley Kuhn, were the subjects of the depositions in question. Moglen has opposed the application for the trademark and logo of the Software Freedom Conservancy, a story interesting in itself. However, the order given by Trademark Trial and Appeal Board Judge Jennifer L. Elgin has brought the case into focus. Judge Elgin’s order dictates that Moglen is not allowed to attend these depositions due to potential psychological harm to the witnesses.
Moglen’s abrasive behavior has been chronicled both in past incidents and during this litigation. Kuhn claimed that his experiences with Moglen, involving verbal abuse and occasional physical intimidation, contributed partially to his PTSD. The ABA Journal highlights numerous allegations including insults pertaining to Kuhn’s technological skill, berating Sandler publicly during a conference panel, and even making public comments that may have been intended to refer to the murder of Kuhn’s mother.
Further insights from Law360 depict Moglen as exhibiting aggressive behavior in depositions. William John Sullivan, former director of the Free Software Foundation, communicated an instance where Moglen allegedly interrupted legal proceedings to berate other lawyers and threatened a young lawyer with the statement, ‘you would be going home in a body bag’.
In response, Moglen argued that the depositions are within his state-granted right to practice law and that subjective fear does not form a basis for barring him. However, he has yet not entered an appearance as counsel in the case. Given the serious nature of the allegations and the implications for practitioners in the legal field, it is expected the unfolding case will be closely followed by the legal community at large.