• The KillerFrogs

Righthaven's copyright enforcer lawsuit tossed

froginaustin

Active Member
but there's still no reason for us not to be damn careful about what we post. :happy:


http://www.vegasinc.com/news/2011/jun/14/judge-rules-righthaven-lacks-standing-sue-threaten/


. . .

If adopted by the other federal judges hearing Righthaven lawsuits in Nevada, Colorado and South Carolina, Hunt's ruling could shut down Righthaven's lawsuit campaign -- though it can always appeal or amend its lawsuit contracts with the newspapers. Righthaven has filed 274 lawsuits over Review-Journal and Denver Post material since March 2010, though many of those suits have been settled.

. . ..
 

TopFrog

Lifelong Frog
Important:
This became one of Righthaven's most-regretted lawsuits as a message-board poster had posted just four paragraphs of a 34-paragraph Review-Journal story about then-U.S. Senate candidate Sharron Angle. By crediting the Review-Journal and linking to the R-J story, this was essentially an invitation for Democratic Underground readers to click on the link and go to the R-J website. And later fair-use rulings against Righthaven in two more cases virtually guaranteed the post on the Democratic Underground site was protected by the fair use doctrine of copyright law.

Interesting. IIRC at the time of the lawsuits, it was thought or stated Righthaven actually purchased the copyrights from the LVRJ, which to me didn't make sense because a publisher would never sell its copyrights (at least in my mind) even to raise capital. So this story certainly clears that up.
 

froginaustin

Active Member
If Righthaven unambiguously told the court by pleadings or oral statements on the record that they were the only owners of the copyrights,

and if that isn't so,

and if the contract(s) concerning Righthaven's interests in the copyrights was/were forced out in the discovery process, with Righthaven resisting discovery (submission of the documents under seal),

and if the contracts that Righthaven tried to keep secret give the lie to its claims of ownership,

then Righthaven and probably their lawyers are set up for serious punishment by the court.

Depending on how much the publishers knew about what was going on (probably everything), they could be in a jamb, too. Knowledgeable "silent partners" are exposed to possible contempt charges, too.

If Righthaven IS their lawyers, then these lawyers are likely exposed to criminal barratry charges, too.



Isn't law fun? :laugh:
 

Frog-in-law1995

Active Member
Important:


Interesting. IIRC at the time of the lawsuits, it was thought or stated Righthaven actually purchased the copyrights from the LVRJ, which to me didn't make sense but a publisher would never sell its copyrights (at least in my mind) even to raise capital. So this story certainly clears that up.
My thoughts exactly. Check out Judge Hunt's ruling...that was a fun read. I love how he slammed Righthaven for bringing up previous cases as proof of standing by saying basically, "listen jerkweeds, one of those previous cases was in my court, and you lied to me about who owned the copyright." Looks like Righthaven has two weeks to come up with some believeable spin or they're gonna get hammered.
 

BrewingFrog

Was I supposed to type something here?
This does my heart good to see a bunch of thieves like Righthaven taken out back of the Courthouse and thrashed.

They set this up to game the system. Generally such creature get away with it, but this time at least, actual justice prevailed.
 

frogbyproxy

New Member
Thanks for posting Top! Sooo glad they are going to get bashed by the courts. If you abuse the system and you are caught be prepared to reap what you sowed! They knew they had a iron clad method to scam money but instead they will become paupers! I love good stories. :tongue:
 

TopFrog

Lifelong Frog
Thanks for posting Top! Sooo glad they are going to get bashed by the courts. If you abuse the system and you are caught be prepared to reap what you sowed! They knew they had a iron clad method to scam money but instead they will become paupers! I love good stories. :tongue:
Thought it was underhanded how they went about it, especially with a site like this one, including the site in the lawsuit without first sending a letter or having some communication asking for the previous practice to stop. It was a pure attempt at a money grab that fortunately Frognosticator and perhaps another of the board legal Frogs were able to get KFc out of it, and the way stories are now posted would seem to be in compliance with the fair use citation.
 

wes

KIllerfrog Emeritus
I hope those two guys burn in hell.

The question in my mind is this, if all of the litigation is dismissed does that mean Righthaven has to refund any settlements from the people they sued?

That poor guy who owned the New Mexico site was hit with something like 35 "violations" and ponied up in a settlement. I wont say how much he had to pay but it was not an insignificant amount of money.

Anyway, if those two guys were dying of thirst in the desert, I would not give them the sweat off my testicles to help keep them alive
 

weklfrog

New Member
I hope those two guys burn in hell.

The question in my mind is this, if all of the litigation is dismissed does that mean Righthaven has to refund any settlements from the people they sued?

That poor guy who owned the New Mexico site was hit with something like 35 "violations" and ponied up in a settlement. I wont say how much he had to pay but it was not an insignificant amount of money.

Anyway, if those two guys were dying of thirst in the desert, I would not give them the sweat off my testicles to help keep them alive
No disrespect intended Wes, but death might be the preferrable option there. :mellow:
 

sous vide

Member
I hope those two guys burn in hell.

The question in my mind is this, if all of the litigation is dismissed does that mean Righthaven has to refund any settlements from the people they sued?

That poor guy who owned the New Mexico site was hit with something like 35 "violations" and ponied up in a settlement. I wont say how much he had to pay but it was not an insignificant amount of money.

Anyway, if those two guys were dying of thirst in the desert, I would not give them the sweat off my testicles to help keep them alive

Depending on how the settlement was written, very likely not.

If you did not settle and want to countersue for expenses now, that might be an option: I'd send a modest donation your way to the "Legal Counterattack Fund" for recovering your own expenses if you decide to go that way. Jackals really don't deserve any consideration: Rape them.

Or maybe there's a Gekko, Pirahana, & Shark Associates out there who'd take such a case on spec!
 

TopFrog

Lifelong Frog
You would have to look at how the NM guy was reposting content. Wonder what grounds he had under this judge's finding of the improper legal tactics. He might have a claim there. But if he settled, probably little he can do.
 

steelfrog

Tier 1
Aright, here's the story, uncensored. And not violative of our settlement agreement with the Jackals. We filed a motion to dismiss because they lacked standing. Reason being, in their original lawsuit, they alleged but didn't pony up with their "assignment." They called and threatened sanctions against kf.c lawyers, etc. kf.c lawyers, after they got done giggling, said send us the "assignment." When we received the "assignment," and the Jackals called up and said "Aha! See, now you better take out that frivolous motions." we responded--Au contraire, we now REALLY have a legitimate motion because under a NV supreme court case, NV is one of the few states that still recognizes a concept called "champerty" and therefore their "assignment" was a nullity as violative of public policy. Hence, no contract and hence, no standing and hence, no subject matter jurisdiction by the court.

In another line of attack, we had investigated the ownership of Righthaven, Stephens Enterprise, etc. Turns out the Jackal lawyer hisownself was the president of the GP of Righthaven, so he is a material fact witness. Under the fed rules, there is a requirement to disclose, at the beginning of a lawsuit, all "interested" parties, in part so that witnesses can be identified, etc. They did not do that. The upshot of that is that a lawyer cannot serve as both a witness and an advocate in a trial, the concern being that the jury will be confused, so the lawyer is subject to being disqualified from trying the case.

So, when presented with this, Jackal's tough exterior gave way to his mushy interior, et voila!

When other parties saw what happened with kf.c, lawyers for kf.c were called and, since only the settlement amount is confidential, all the legal issues were explained to anyone who asked (which, they are a matter of public record anyway, so who cares?). And the hounds of hell have been unleashed on these D-bags.

We were just happy to see them in our rear view mirror, no Wes?
 

BrewingFrog

Was I supposed to type something here?
It read that the EFF people (or somebody) were talking about "emotional distress" in their motion for penalties. I'd say that everybody who these jokers threatened has grounds under that...
 

steelfrog

Tier 1
The lawyers certainly try to be bullies. One of them, anyway. It was considered to sue them here and see how that plays in Tejas! But we just wanted them gone. Wasting our time.
 

Sean

Administrator
Aright, here's the story, uncensored. And not violative of our settlement agreement with the Jackals. We filed a motion to dismiss because they lacked standing. Reason being, in their original lawsuit, they alleged but didn't pony up with their "assignment." They called and threatened sanctions against kf.c lawyers, etc. kf.c lawyers, after they got done giggling, said send us the "assignment." When we received the "assignment," and the Jackals called up and said "Aha! See, now you better take out that frivolous motions." we responded--Au contraire, we now REALLY have a legitimate motion because under a NV supreme court case, NV is one of the few states that still recognizes a concept called "champerty" and therefore their "assignment" was a nullity as violative of public policy. Hence, no contract and hence, no standing and hence, no subject matter jurisdiction by the court.

In another line of attack, we had investigated the ownership of Righthaven, Stephens Enterprise, etc. Turns out the Jackal lawyer hisownself was the president of the GP of Righthaven, so he is a material fact witness. Under the fed rules, there is a requirement to disclose, at the beginning of a lawsuit, all "interested" parties, in part so that witnesses can be identified, etc. They did not do that. The upshot of that is that a lawyer cannot serve as both a witness and an advocate in a trial, the concern being that the jury will be confused, so the lawyer is subject to being disqualified from trying the case.

So, when presented with this, Jackal's tough exterior gave way to his mushy interior, et voila!

When other parties saw what happened with kf.c, lawyers for kf.c were called and, since only the settlement amount is confidential, all the legal issues were explained to anyone who asked (which, they are a matter of public record anyway, so who cares?). And the hounds of hell have been unleashed on these D-bags.

We were just happy to see them in our rear view mirror, no Wes?

Smiley-THumbs-up-3-300x249.jpg
 

wes

KIllerfrog Emeritus
Aright, here's the story, uncensored. And not violative of our settlement agreement with the Jackals. We filed a motion to dismiss because they lacked standing. Reason being, in their original lawsuit, they alleged but didn't pony up with their "assignment." They called and threatened sanctions against kf.c lawyers, etc. kf.c lawyers, after they got done giggling, said send us the "assignment." When we received the "assignment," and the Jackals called up and said "Aha! See, now you better take out that frivolous motions." we responded--Au contraire, we now REALLY have a legitimate motion because under a NV supreme court case, NV is one of the few states that still recognizes a concept called "champerty" and therefore their "assignment" was a nullity as violative of public policy. Hence, no contract and hence, no standing and hence, no subject matter jurisdiction by the court.

In another line of attack, we had investigated the ownership of Righthaven, Stephens Enterprise, etc. Turns out the Jackal lawyer hisownself was the president of the GP of Righthaven, so he is a material fact witness. Under the fed rules, there is a requirement to disclose, at the beginning of a lawsuit, all "interested" parties, in part so that witnesses can be identified, etc. They did not do that. The upshot of that is that a lawyer cannot serve as both a witness and an advocate in a trial, the concern being that the jury will be confused, so the lawyer is subject to being disqualified from trying the case.

So, when presented with this, Jackal's tough exterior gave way to his mushy interior, et voila!

When other parties saw what happened with kf.c, lawyers for kf.c were called and, since only the settlement amount is confidential, all the legal issues were explained to anyone who asked (which, they are a matter of public record anyway, so who cares?). And the hounds of hell have been unleashed on these D-bags.

We were just happy to see them in our rear view mirror, no Wes?

That pretty well sums it up. Justice was served and they got to take a bite of the [Craig James] sandwich

I will say this much. Killerfrogs.Com is blessed to have a lot of great attorneys on the site and many of them offered help but Steelfrog and the rest of the legal team's eyes were glowing red plus they were chomping at the bit to take this on.

I have no doubt that any of the attorneys on this site would have gotten the same result but none went after this with the glee, enthusiasm and sheer spite that Steelfrog and the team had for this case. Following their email chains and being privvy to their thought process was fascinating.

We had contingency plans, just in case, but never had to use them
 
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