[net-gold] LAW: CASES : COPYRIGHT: LAWS: FAIR USE : BUSINESS: COMPANIES: NAMED COMPANIES: RIGHTHAVEN : CORPORATE TROLLS : BANKRUPTCY: Copyright Trolls Assets Targeted for Seizure

  • From: "David P. Dillard" <jwne@xxxxxxxxxx>
  • To: Net-Gold -- Educator Gold <Educator-Gold@xxxxxxxxxxxxxxx>, Educator Gold <Educator-Gold@xxxxxxxxxxxxxxxx>, net-gold@xxxxxxxxxxxxx, Net-Gold <Net-Gold@xxxxxxxxxxxxxxx>, NetGold <netgold@xxxxxxxxxxxxxxx>, Net-Gold <net-gold@xxxxxxxxxxxxxxxx>, K-12ADMINLIFE <K12ADMIN@xxxxxxxxxxxxxxxxxxx>, K12AdminLIFE <K12AdminLIFE@xxxxxxxxxxxxxxx>, MediaMentor <mediamentor@xxxxxxxxxxxxxxx>, Digital Divide Diversity MLS <mls-digitaldivide@xxxxxxxxxxxxxxx>, NetGold <netgold@xxxxxxxxxxxxxxxx>, Net-Platinum <net-platinum@xxxxxxxxxxxxxxx>, Sean Grigsby <myarchives1@xxxxxxxxxxxxxxx>, Net-Gold <NetGold_general@xxxxxxxxxxxxxxxxx>, Temple Gold Discussion Group <TEMPLE-GOLD@xxxxxxxxxxxxxxxxxxx>, Temple University Net-Gold Archive <net-gold@xxxxxxxxxxxxxxxxxxx>, Health Lists -- Health Diet Fitness Recreation Sports Tourism <healthrecsport@xxxxxxxxxxxxxxxx>, Health Diet Fitness Recreation Sports <healthrecsport@xxxxxxxxxxxxxxx>, HEALTH-RECREATION-SPORTS-TOURISM@xxxxxxxxxxxxxxxxxxx
  • Date: Tue, 20 Sep 2011 07:55:53 -0400 (EDT)


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LAW: CASES :

COPYRIGHT: LAWS: FAIR USE :

BUSINESS: COMPANIES: NAMED

COMPANIES: RIGHTHAVEN :

CORPORATE TROLLS :

BANKRUPTCY:

Copyright Trolls Assets Targeted for Seizure

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Copyright Trolls Assets Targeted for Seizure

By David Kravets

September 19, 2011  |  11:29 am

Wired

http://www.wired.com/threatlevel/2011/09/righthaven-assets-targeted/

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The legal woes of Las Vegas-based copyright-trolling firm Righthaven continued Sunday when one of its creditors moved to seize its assets.

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The development comes a week after the deadline passed for the former litigation factory to pay defendant Wayne Hoehn $34,000 in legal fees for successfully defending himself against a Righthaven copyright lawsuit. Righthaven had asked U.S. District Judge Philip Pro of Nevada to stay the fee award, saying it might slip into bankruptcy if forced to pay.

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No stay was granted. So Hoehns attorney, Marc Randazza, asked Judge Pro on Sunday to authorize the U.S. Marshalls to execute Hoehns judgment through seizure of Righthavens bank accounts, real and personal property, and intangible intellectual property rights for levy, lien, auction or other treatment appropriate for satisfaction of Hoehns judgment. (.pdf)

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snip

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Judge Pro ruled in June that Hoehns posting of an entire Las Vegas Review-Journal article was fair use, and later ordered opposing legal fees. The Copyright Act allows for legal fees to the prevailing party.

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Lawyer wants US Marshals to seize copyright troll's bank account

By Nate Anderson

Tech Dirt

http://arstechnica.com/tech-policy/news/2011/09/righthaven-deadbeat-
lawyer-wants-us-marshals-to-seize-copyright-trolls-bank-account.ars

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A shorter URL for the above link:

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http://tinyurl.com/3ogn93d

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After the judge awarded the $34,045.50, Righthaven asked for a stay, which the judge has not yet granted. It has also appealed the case, and Hoehn's lawyers say that all this work has already added another $14,000 to their legal bills. They also expect to ring up another $100,000 in the future to oppose Righthaven's appeal of the case. Instead of the original $34,045.50, then, Randazza Legal Group now wants a bond for $148,045 from Righthaven.

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Righthaven has already missed its September 14 payment date, so last night Hoehn's legal team filed for a "writ of execution" with the Nevada federal court handling the case. "The Court is entitled to authorize the U.S. Marshals to execute Hoehns judgment through seizure of Righthavens bank accounts, real and personal property, and intangible intellectual property rights for levy, lien, auction or other treatment appropriate for satisfaction of Hoehns judgment," says the filing.

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snip

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Righthaven doesn't want to pay, of course. In its emergency appeal for a stay of the judgment against it, the company warned that having to pay even the $34,045.50 would involve "the very real threat of being forced out of business or being forced to seek protection through bankruptcy." In addition, it has developed proprietary "copyright infringement search engine software." If Righthaven's assets are placed in liquidation to pay the judgment, this software might be "sold to any one of a host of infringers or other supporting organizations that would attempt to reverse engineer the software in order to devise methods for evading detection."


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The complete article may be read at the URL above.

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Sincerely,
David Dillard
Temple University
(215) 204 - 4584
jwne@xxxxxxxxxx
http://daviddillard.businesscard2.com

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  • » [net-gold] LAW: CASES : COPYRIGHT: LAWS: FAIR USE : BUSINESS: COMPANIES: NAMED COMPANIES: RIGHTHAVEN : CORPORATE TROLLS : BANKRUPTCY: Copyright Trolls Assets Targeted for Seizure - David P. Dillard