[net-gold] COPYRIGHT : LAW: CASES: DECISIONS : COMPANIES: NAMED COMPANIES: RIGHTHAVEN : CORPORATE TROLLS: Digital Freedom Group Gains Another Victory Over R-J, Righthaven
- From: "David P. Dillard" <jwne@xxxxxxxxxx>
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- Date: Mon, 12 Mar 2012 23:24:54 -0400 (EDT)
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COPYRIGHT : LAW: CASES: DECISIONS :
COMPANIES: NAMED COMPANIES: RIGHTHAVEN :
CORPORATE TROLLS:
Digital Freedom Group Gains Another Victory Over R-J, Righthaven
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Digital Freedom Group Gains Another Victory Over R-J, Righthaven
By Steve Green (contact)
Sunday 11 March 2012 3:04 p.m.
Righthaven Archives
http://www.vegasinc.com/news/2012/mar/11/
digital-freedom-group-gains-another-victory-over-r/
A shorter URL for the above link:
http://tinyurl.com/7k4tbwb
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Digital freedom group the Electronic Frontier Foundation (EFF) has won
another victory against the Las Vegas Review-Journal and its copyright
enforcement partner.
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On Friday, U.S. District Judge Roger Hunt in Las Vegas issued a
declaratory judgment finding that the Democratic Underground did not
infringe on the copyright to an R-J story when a user of the groups
website posted to the site a four-paragraph excerpt of a 34-paragraph R-J
story.
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The excerpt credited the information to the R-J and linked to the R-J.
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In an age in which newspaper stories are regularly linked to by special
interest websites, this post could be viewed as doing the R-J a favor by
driving traffic to its website.
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But in this case, R-J copyright enforcement partner Righthaven LLC in 2010
hit the Democratic Underground with a no-warning lawsuit demanding $75,000
in damages and forfeiture of the Democratic Underground website domain
name to Righthaven.
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The Democratic Underground, represented by the San Francisco-based EFF,
attorneys at the law firm Fenwick & West LLP, and Las Vegas attorney Chad
Bowers, fought back against Righthaven and hit R-J owner Stephens Media
LLC with a counterclaim.
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The counterclaim charged Righthavens lawsuit resulted from a sham
copyright assignment from Stephens Media to Righthaven. It said Righthaven
which is not a law firm was doing Stephens Medias bidding in court in
exchange for a cut of lawsuit winnings.
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Hunt eventually dismissed Righthaven from its own lawsuit, finding
Stephens Media was the "real party in interest."
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Thats because the R-J maintained control of the story despite Righthavens
claims it owned the story.
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In another Righthaven case litigated by the EFF, Hunt struck down
Righthavens standard lawsuit demand that defendants forfeit their website
domain names to Righthaven.
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Case 2:10-cv-01356-RLH -GWF Document 179 Filed 03/09/12
LAURENCE F. PULGRAM (CA State Bar No. 115163) (pro hac vice)
lpulgram@xxxxxxxxxxx
JENNIFER J. JOHNSON (CA State Bar No. 252897) (pro hac vice)
jjjohnson@xxxxxxxxxxx
CLIFFORD C. WEBB (CA State Bar No. 260885) (pro hac vice)
cwebb@xxxxxxxxxxx
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, California 94104
Telephone: (415) 875-2300
Facsimile: (415) 281-1350
KURT OPSAHL (CA State Bar No. 191303) (pro hac vice)
kurt@xxxxxxx
CORYNNE MCSHERRY (CA State Bar No. 221504) (pro hac vice)
corynne@xxxxxxx
ELECTRONIC FRONTIER FOUNDATION
454 Shotwell Street
San Francisco, California 94110
Telephone: (415) 436-9333
Facsimile: (415) 436-9993
CHAD BOWERS (NV State Bar No. 7283)
bowers@xxxxxxxxxx
CHAD A. BOWERS, LTD
3202 West Charleston Boulevard
Las Vegas, Nevada 89102
Telephone: (702) 457-1001
Attorneys for Defendant and Counterclaimant
DEMOCRATIC UNDERGROUND, LLC, and
Defendant DAVID ALLEN
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
RIGHTHAVEN LLC, a Nevada limited liability company,
Plaintiff,
v.
DEMOCRATIC UNDERGROUND, LLC, a District of
Columbia limited-liability company; and DAVID ALLEN,
an individual,
Defendants.
Case No. 2:10-cv-01356-RLH (GWF)
[PROPOSED] FINAL
DECLARATORY JUDGMENT
http://ia600509.us.archive.org/5/items/
gov.uscourts.nvd.75386/gov.uscourts.nvd.75386.179.0.pdf
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A shorter URL for the above link:
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http://tinyurl.com/6qv46ho
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"THE COURT HEREBY DECLARES AS FOLLOWS: 1. That Counterclaimants Democratic
Underground and David Allen have committed no volitional act giving rise
to a claim for direct copyright infringement. Counterclaimants neither
posted the excerpt nor encouraged the posting. Nor did they have any
knowledge of the posting until after this suit was filed. See Religious
Tech. Ctr. v. Netcom On-line Commncn Servs., 907 F. Supp. 1361 (N.D. Cal.
1995) (direct copyright infringement requires some element of volition or
causation which is lacking where a defendants system is merely used to
create a copy by a third party); see also CoStar Group, Inc. v. LoopNet,
Inc., 373 F.3d 544 (4th Cir. 2004) and
Cartoon Network LP v. CSC Holdings, Inc,, 536 F.3d 121 (2d Cir. 2008).
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2. That the act of posting this five-sentence excerpt of a fifty sentence
news article on a political discussion forum is a fair use pursuant to 17
U.S.C. 107, and that the fair use doctrine provides a complete defense to
the claim of copyright infringement from which this suit arose. Judgment
on the Counterclaim is accordingly entered in favor of Democratic
Underground and against Counter Defendant Stephens Media, LLC."
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Stephens Media Could Face Legal Bill For Unleashing Righthaven
by Wendy Davis, 5 hours ago
Media Post Blogs
The Daily Online Examiner
http://www.mediapost.com/publications/article/170015/
stephens-media-could-face-legal-bill-for-unleashin.html
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A shorter URL for the above link:
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http://tinyurl.com/7wy9pgo
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Two years ago, Stephens Media, parent company of the Las Vegas
Review-Journal, tapped the startup Righthaven to sue bloggers, nonprofits
and small publishers who allegedly posted news articles on their sites
without licenses.
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Righthaven -- which filed around 275 lawsuits total -- claimed in court
papers that it could sue because it owned certain rights to the news
articles. Judges disagreed and ultimately ordered Righthaven to pay
hundreds of thousands of dollars to lawyers for some of the people it
sued. Righthaven hasn't paid, which has resulted in defense attorneys
seizing its domain name and other assets.
.
Now Stephens Media might also be ordered to take out its checkbook. U.S.
District Court Judge Roger Hunt in Nevada just issued summary judgment
against Stephens Media in a case stemming from a Righthaven lawsuit
against Democratic Underground.
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Copyright Troll Righthaven Put In Their Place
Nevada federal court decides to rule against Trollhaven lawsuit business
By Shawn Hess
Web Pro News
http://www.webpronews.com/
copyright-troll-righthaven-put-in-their-place-2012-03
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A shorter URL for the above link:
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http://tinyurl.com/7cuqu36
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The court system is sick and tired of organizations building businesses
around petty copyright infringement cases. Righthaven is an LLC that has
formed just for that reason. Essentially, once a copyright has been
infringed upon, online newspapers sell the rights of the articles to
Righthaven so that they may pursue the matter in court without involving
the original publisher. Under this system, both parties stand to gain
something.
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Just before the weekend a Nevada federal district court decided they have
had enough of these type of nuisance lawsuits and decided to make it
harder for trolls like Righthaven to profit off of them. Judge Roger Hunt,
who presided over the latest Righthaven case ruled that the material in
question is now considered fair use and therefor not infringement.
.
snip
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This case should set a precedent for others who seek to profit off petty
infringements and discourage future lawsuits which tend to tie up court
systems and punish those who have no intent on stealing other peoples
intellectual property.
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Meanwhile, Righthaven has had the tables turned on them and various courts
are seeking reparations for clients who have had to payout huge sums to
defend against legal advances from the copyright troll LLC. Recently the
CEO of Righthaven has had his bank accounts seized by the government and
his assets auctioned off. Perhaps we have seen the end of petty
infringement cases like these.
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Righthaven criticized for missing hearing and briefing deadline
By Steve Green (contact)
Tuesday 6 March 2012 5:15 p.m.
http://www.vegasinc.com/news/2012/mar/06/
righthaven-criticized-missing-hearing-and-briefing/
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A shorter URL for the above link:
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http://tinyurl.com/7vxx6rb
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Newspaper copyright lawsuit filer Righthaven LLC was hit with more
criticism Tuesday, this time focusing on what an observer suggested was
disrespect for the court system.
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Righthaven on Monday, without explanation or warning, skipped a Las Vegas
court hearing during which it lost control of its 278 copyrights and its
trademark.
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Unless Righthaven successfully appeals, the intellectual property items
will be auctioned to cover a portion of the $186,680 in legal fees
Righthaven owes to people it sued people who then defeated Righthaven in
court. The auction would be on top of the earlier auction of Righthaven's
website.
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The copyrights had been used by Righthaven in some of its 275 lawsuits
alleging copyright infringement a two-year lawsuit spree that has ground
to a halt.
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The lawsuit campaign is stalled, perhaps permanently, because of rulings
finding Righthaven lacked standing to sue over Las Vegas Review-Journal
and Denver Post material or that defendants posting material online from
those papers were protected by fair use.
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Also Monday, for the second time and again without explanation, the Las
Vegas company missed a deadline to file the important opening brief in one
of its own appeals in the 10th Circuit Court of Appeals in Denver. On
Tuesday, a court clerk there gave Righthaven a third chance to file the
brief, but warned that the appeal would be dropped if the brief was not
filed by March 14.
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Righthaven LLC v. Smith
Loeb & Loeb LLP
USA
March 7 2012
.
USDC D. Nevada, March 1, 2012
Association of Corporate Counsel
http://www.lexology.com/library/detail.aspx?g=
7d27d193-cdcf-4a2f-a70c-fbc891362612
.
A shorter URL for the above link:
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http://tinyurl.com/7e5my4t
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District court dismisses plaintiff assignees copyright infringement
complaint in this and nine other cases, holding that plaintiff had not
received, by assignment, the exclusive rights necessary to confer
standing, and that subsequent agreements, executed after suit was filed,
could not create standing.
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snip
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The court granted defendants motion to dismiss (in this and the nine other
cases), holding that plaintiff did not have standing to sue because the
SAA did not transfer to plaintiff any of the exclusive rights necessary to
maintain standing in a copyright infringement action. Section 501(b) of
the Copyright Act establishes that only the owner or beneficial owner of
an exclusive right under a copyright law has standing to sue for
infringement. Although the different exclusive rights, as defined by
Section 106 of the Act, may be transferred and owned separately, the right
to sue is not one of those exclusive rights, and the assignment of a bare
right to sue does not confer standing on the assignee. A party can only
obtain the right to sue on a copyright if that party also obtains one of
the exclusive rights in the copyright. Agreeing with other courts in the
district that the language of the SAA grants Righthaven only the bare
right to sue and deprives Righthaven of any of the rights normally
associated with ownership of an exclusive right, the court concluded that
Righthaven lacked standing and dismissed the claims for lack of subject
matter jurisdiction.
.
The court also rejected plaintiffs argument that additional agreements
conferred on Righthaven the standing to sue.
.
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
* * *
RIGHTHAVEN LLC, a Nevada limitedliability
company,
Plaintiff,
v.
BRIEN SMITH, an individual; and
FULLTHROTTLETV.NET, an entity of
unknown origin and nature,
Defendants.
)))))))))))))))
2:10-CV-01031-LRH-VCF
ORDER
http://www.loeb.com/files/Publication/
0a4db40a-fc28-41b7-87ed-a7aa2b2b4745/
Presentation/PublicationAttachment/
c732274a-30f8-4cfc-856f-b033a817c0bb/
Righthaven%20v.%20Smith.pdf
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A shorter URL for the above link:
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http://tinyurl.com/7jhx8fg
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The complete articles may be read at the URLs provided for each.
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WEBBIB1112
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Previous Net-Gold posting regarding Righthaven
.
https://www.google.com/webhp?sourceid=navclient&ie=UTF-8#q=
%22NET-GOLD%22+AND+%22TEMPLE.EDU%22+AND+RIGHTHAVEN&hl=en&prmd=
imvns&filter=0&bav=on.2,or.r_gc.r_pw.r_cp.r_qf.,cf.osb&fp=
fb2e33546f0a907c&biw=1920&bih=845
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A shorter URL for the above link:
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http://tinyurl.com/79wa3h4
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Sincerely,
David Dillard
Temple University
(215) 204 - 4584
jwne@xxxxxxxxxx
http://workface.com/e/daviddillard
Net-Gold
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The Russell Conwell Learning Center Research Guide:
THE COLLEGE LEARNING CENTER
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Information Literacy
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Nina Dillard's Photographs on Net-Gold
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and also
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Twitter: davidpdillard
Bushell, R. & Sheldon, P. (eds),
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Wellness Tourism: Bibliographic and Webliographic Essay
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