[net-gold] BUSINESS: CORPORATE TROLLS : COPYRIGHT: LAW : LAW: CASES: Rights Holder Uses Non-Existent Law to Enforce Copyright
- 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: Sat, 23 Apr 2011 20:45:43 -0400 (EDT)
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BUSINESS: CORPORATE TROLLS :
COPYRIGHT: LAW :
LAW: CASES:
Rights Holder Uses Non-Existent Law to Enforce Copyright
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Rights Holder Uses Non-Existent Law to Enforce Copyright
April 23, 2011
Zero Paid
http://www.zeropaid.com/news/93209/
rights-holder-uses-non-existent-law-to-enforce-copyright/
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A shorter URL for the above link:
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http://tinyurl.com/3jrq5ec
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Youd think that someone who uses the law to enforce copyright would know
the laws, at least, reasonably well, before they go threatening people
with legal action. Apparently, in one legal threat, one rights holder
opted to cite a law in court documents that doesnt even exist.
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Theres been a lot of legally questionable legal threats over the years in
the world of copyright. Sometimes, rights holders use American law to
threaten people in other countries. Other times, people are threatened
with vague references to the law. In this case, one rights holder has
opted to take a website owner to court citing sections of the law that
actually doesnt exist.
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Righthaven has been in the news since 2010 over their lawsuit against 250
websites they claimed were infringing on their clients rights. They
demanded $150,000 in damages and forfeiture of the domains. If Righthaven
hoped to set a standard and create more enforceable rights for the
newspaper industry, that case ultimately backfired. The ruling found that
the websites in question did not infringe on copyright as this was a case
of fair use. The ruling even went so far as to say entire articles being
copied and re-posted was also fair use.
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April 22nd, 2011
Righthaven Defies Court, Ignores Domain Name Ruling
Commentary by Kurt Opsahl
Electronic Frontier Foundation
http://www.eff.org/deeplinks/2011/04/
righthaven-defies-court-ignores-domain-name-ruling
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A shorter URL for the above link:
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http://tinyurl.com/3vz43zt
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Last Friday, the Chief Judge of the federal court in Nevada, which is
overseeing more than 200 Righthaven copyright cases, dismissed
Righthaven's meritless claim to seize its victim's domain names. In each
case so far, Righthaven contended that the mere hosting of any infringing
material means that the entire domain name was forfeit to the copyright
troll. Chief Judge Hunt rejected that claim, explaining that the "Court
finds that Righthavens request for such relief fails as a matter of law
and is dismissed."
Last night, Righthaven filed a new copyright case in Nevada federal court,
and - guess what? - demanded forfeiture of the domain name. Indeed, unable
to take "you're wrong as a matter of law" for an answer, Righthaven upped
the ante, and asked the Court to:
Order the surrender to Righthaven of all hardware, software, electronic
media and domains, including the Domain used to store, disseminate and
display the unauthorized versions of any and all copyrighted works as
provided for under 17 U.S.C. 505(b) and/or as authorized by Federal Rule
of Civil Procedure 64.
Not only has the domain name claim been specifically and completely
rejected by that very court, but Righthaven's new citations do nothing to
help its claim.
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Copyright Trolls
Electronic Frontier Foundation
http://www.eff.org/issues/copyright-trolls
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Righthaven
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If you are the target for a Righthaven lawsuit in need of representation,
please contact Rebecca Reagan at rsreagan@xxxxxxxx Please understand that
we have a relatively small number of very hard-working attorneys, so we do
not have the resources to defend everyone who asks, no matter how
deserving. However, if we cannot represent you directly, we will make
every effort to put you in touch with attorneys who can.
Righthaven LLC, has brought over a hundred lawsuits in a Nevada federal
court claiming copyright infringement. They find cases by searching the
Internet for parts of newspaper stories posted online by individuals,
nonprofits, political organizations, and others; buying the copyright to
that newspaper story; and then suing the operator of the website for
copyright infringement. Like the U.S. Copyright Group, Righthaven relies
on the threat of copyright liability (and in a unique twist, an entirely
bogus threat of loss of the targets domain name) to scare the posters into
a quick settlement. Reported settlements have fallen between $2,000 and
$3,000.
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Righthaven Keeps Asking For Web Domains, Defying Court Order
Paid Content.org
The Economics of Digital Content
http://paidcontent.org/article/
419-righthaven-keeps-asking-for-web-domains-defying-court-order/
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A shorter URL for the above link:
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http://tinyurl.com/42q7zwh
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Last weeks unsealing of the contract between the Las Vegas Review-Journal
and Righthaven overshadowed another, smaller bit of bad news for the
controversial copyright enforcer. On the same day, in a separate case, a
judge ruled that Righthaven cant ask for the domain names of the
defendants it sues for copyright infringement, because such a remedy isnt
authorized under copyright law. But in its most recent lawsuit [PDF],
filed late yesterday, Righthaven appears to be simply moving ahead as if
that ruling never happened.
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The ruling in the domain names came in a case against Thomas DiBiase, a
former prosecutor who blogs about no body murders at nobodycases.com.
DiBiase is one of two Righthaven defendants being defended by pro bono
attorneys at the Electronic Frontier Foundation. (The other EFF client is
Democratic Undergroundthats the litigation that resulted in the unsealing
of the contract. So, yes, EFF is beating the pants off Righthaven in
court.)
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Righthaven Wants More than Domains Now
Follows claim dismissal by going after even more
Chris Crum | April 22, 2011 @ 5:04pm
Web Pro News
http://www.webpronews.com/righthaven-suit-domains-hardware-2011-04
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Not only has the domain name claim been specifically and completely
rejected by that very court, but Righthavens new citations do nothing to
help its claim, says EFF Senior Staff Attorney Kurt Opsahl. As an initial
matter, Section 505 does not have a subsection (b), and concerns attorneys
fees, not the surrender of domains and hardware. While Righthaven probably
meant to cite to some other section and was simply sloppy in the drafting,
no section of the Copyright Act will help them. Indeed, Righthaven has
already concede[d] that such relief is not authorized under the Copyright
Act.
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Nor is the citation to Rule 64 going to help Righthaven, he adds. This is
the same argument it raised in Righthaven v. DiBiase, and which the court
flatly rejected. Indeed, the argument was silly to begin with, since Rule
64 concerns state law remedies and copyright is a federal law.
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Last time we covered Righthavens doings they had filed a suit against a
contributor for Ars Technica, who had written a story about Righthaven and
included an image of an image from a court document. The suit was quickly
withdrawn by Righthaven in an embarrassing sequence of events.
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Intellectual Property Law
Threat Level: Whats Lower Than a Copyright Troll? A Sham Copyright Troll
Licensed to Litigate
Posted Apr 19, 2011 5:11 PM CDT
By Martha Neil
ABA Law Journal
http://www.abajournal.com/news/article/
threat_level_whats_lower_than_a_copyright_troll_a_sham_copyright_troll/
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A shorter URL for the above link:
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http://tinyurl.com/4xu999d
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No fan of so-called copyright or patent trolls that litigate over
purchased intellectual property rights, a law blog has discovered that it
is possible, in its moral scheme of things, to sink even lower.
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A "copyright litigation factory," known as Righthaven, doesn't even own
the copyrighted newspaper articles at issue in litigation it is pursuing
against bloggers in federal court in Nevada, seeking damages for alleged
infringement, reports the Threat Level blog of Wired. Instead, the group
has apparently obtained licenses to litigate on the true copyright owner's
behalf, the post explains, relying on information from the Electronic
Frontier Foundation and a copy (scroll down) of the "Strategic Alliance"
licensing agreement at issue (PDF).
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Initially filed under seal and then made public by a federal judge in
Nevada, the agreement gives Righthaven an exclusive right to pursue
copyright claims on behalf of the actual owner, Stephens Media.
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The complete articles may be read at the URLs provided for each.
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WEBBIB1011
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Sincerely,
David Dillard
Temple University
(215) 204 - 4584
jwne@xxxxxxxxxx
http://daviddillard.businesscard2.com
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