Update on the nicknamed “crab king” case: the hearing details are changed. The information below is no longer accurate. See a more recent update.
Oral argument is scheduled Monday June 10, 2019 at 2:00 PM before Honorable Judge Joseph M. Chiarello, JSC in Court Room 235, Cumberland County Court House, Broad and Fayette Streets, Bridgeton NJ for State vs. Tony Novak, Appeal #2-19. The state will be represented by Danielle Pennino, Esq. of the Cumberland County Prosecutor’s Office. The hearing is open to the public.
Because of the case’s potential impact on the future of social media marketing of the Philadelphia region’s “farm-to-table” and “dock-to-table” grower cooperatives, I have invited inquiries for an amicus brief (friend of the court) from other similarly situated groups. So far, no response. Preparing a brief is often an expensive undertaking and I suspect that not many grower and harvester cooperatives are aware of the potential legal threat.
The core issue is whether the state has the ability to hold off-site, online marketers who are not growers, harvesters, buyers or sellers responsible for keeping physical catch records of content they sell that might be related to New jersey fisheries. The language of the statute was written long before the age of social media when the word “marketing” and “selling” had the same implication and were typically under common management control. That is no longer true today. Now in the age of networked online “sharing” of other users content these two words have entirely different meanings. Sharing online content is not selling under most legal authorities. The goal of this legal action is to establish this as the legal standard under New Jersey fisheries management law.
The brief on behalf of Baysave’s controller Tony Novak is filed and the state has until May 28 to respond. The brief, the state’s response and the rebuttal documents will be available to the public.