Righthaven seeks to dismiss suit over posting of R-J story(Democratic Underground)

[RamboLiberal]

Source: Las Vegas Sun

The Las Vegas Review-Journal's copyright enforcement company no longer wants to litigate one of its more controversial cases: a complaint against the big political website the Democratic Underground.

Righthaven LLC on Aug. 10 sued the website after a message-board poster copied to the site four paragraphs of a 34-paragraph May 13 Review-Journal story about Republican Nevada U.S. Senate candidate Sharron Angle titled "Tea Party power fuels Angle."

-----

In moving to dismiss the Democratic Underground suit this week, attorneys for Righthaven noted one of the Nevada federal judges hearing Righthaven cases, Larry Hicks, last month dismissed one of the suits on fair use grounds -- a suit involving the unauthorized copying of eight sentences of a 30-sentence story by a Realty One Group agent.

-----

"This motion represents Righthaven's sensible reaction to the intervening, immediately relevant fair use ruling recently issued by this court, all in the spirit of judicial economy," Righthaven said in its dismissal motion. "Though Righthaven firmly believes that the defendants are liable for copyright infringement, the non-holistic nature of the defendant's unauthorized textual reproduction is such that reasonable minds may disagree as to the legitimacy of a fair use defense."



Read more: http://www.lasvegassun.com/news/2010/nov/16/righthaven-seeks-dismiss-suit-over-posting-r-j-sto/

[onehandle]

1. Did they sue any of the right-wing sites that did the same?

Like this one:

http://www.exposeharry.com/tea-party-power-fuels-angle

[RamboLiberal]

2. They were actually pressured to sue Sharron Angle

Also sued Free Republic who settled with them. HA!

And they sued a number of gun sites.

Democratic party of Nevada as well.

Kind of equal opportunity for $$$$$.

[gateley]

7. Yes, $$$ always encourages bipartisanship. nt

[Ian David]

41. I'm sure the money they get from right-wing sites goes right back to right-wing causes.

In fact, I bet some "unknown benefactor" paid the fine for the right-wing sites.

They probably "settled" with a wink.

[LiberalArkie]

63. Does that mean that Righthaven now owns FreeRepublic?

I read where they usually settle for $150,000 and their domain name.

[RamboLiberal]

68. Nah they settle for less & so far haven't grabbed a domain name n/t

[DURHAM D]

3. Could someone post the original 4 paragraph violation that was placed on DU?

:evilgrin:

[onehandle]

4. Here you go...

http://www.youtube.com/watch?v=oHg5SJYRHA0">4 paragraphs

[gateley]

9. Could I see you down below for a moment?

:spank::spank::spank::spank::spank::spank::spank::spank::spank::spank::spank::spank:

[bahrbearian]

67. Your sick, Rick

[Jackpine Radical]

70. Aw, crap. I haven't had that happen in months.

Maybe years.

[RamboLiberal]

6. I don't know what 4 paragraphs - but it was small part of extensive article

Righthaven lawsuit over the posting by a message board user of four paragraphs of a 34-paragraph Review-Journal political article.

http://www.lasvegassun.com/news/2010/sep/28/r-j-owner-faces-counterclaim-copyright-lawsuit-cam/

[byronius]

5. Great news. A little justice. The Democratic Underground lives forever.

[DissedByBush]

40. Not great news, they're trying to avoid precedent

They want to bring these extortion suits as much as they can.

Those who pay up quickly will make the venture worthwhile as long as they can quickly back out of suits against those who fight back.

They need to take this all the way, lose, be forced to pay attorney fees and costs, and have precedent for fair use against them.

[gateley]

8. Can "we" counter-sue for legal fees and expenses?? nt

[struggle4progress]

12. Expenses seems fair if they're decided to drop their own frivolous suit

[RamboLiberal]

14. EFF did file a countersuit

EFF is seeking legal fees, no damages and a judgment that Democratic Underground did not infringe, he said.

http://www.wired.com/threatlevel/2010/09/righthaven-sham/

[struggle4progress]

18. Far be it from me to second guess the EFF lawyers

:D

[laughingliberal]

47. +1000 nt

[Dystopian]

52. I believe Skinner said it was pro bono

With only minimal expenses ....:D


peace~

[gateley]

10. K&R!! The good guys win! Congrats, Skinner!! nt

[MilesColtrane]

11. I hope Skinner presses them.

They need to lose the case and be forced to pay for their harassment and extortion.

[Hawkeye-X]

13. Sherman Frederick was fired

and rehired as a columnist instead of the editor. Karma?

[RamboLiberal]

16. Hah Hah Sherm your little friend lost this one

Here's story on his dismissal.

-----

The newspaper has been engaged in a controversial undertaking to protect its copyright. Frederick has been a champion of Righthaven LLC, a Las Vegas copyright enforcement company a Stephens Media affiliate had invested in.

Righthaven has sued 166 website operators throughout North America since March, alleging all or part of R-J stories, editorials and columns were posted on the defendants’ websites without authorization.

Righthaven CEO Steven Gibson, a Las Vegas attorney, said the changes announced Friday at the R-J “in no way diminishes the Righthaven business model.”

http://www.lasvegassun.com/news/2010/nov/12/review-journal-publisher-sherman-frederick-editor-/

[shimmergal]

56. Actually the Review-Journal just had

a complete turnover of its top editorial staff.

There's speculation that somebody (probably the umbrella company) was perturbed by the all-out way they supported Angle and her campaign. Especially after she lost, no doubt. But Sherm has a personal vendetta against Harry Reid, and wrote some columns about him that skirted the edge of insult, if not defamation.

[MrModerate]

15. Ghouls have mastered bipartisan leeching in a way that those of us . . .

Who are not undead could never hope to equal.

I think this particular collection of copyright vampires has been exposed to daylight a bit too much for its comfort and is retreating to its dark holes for a nap.

[kristopher]

17. Highly appropriate visualization, thanks.

It leaves the certain feeling they'll come creeping back.

[MrModerate]

38. You can bet on it. What's the next con? n/t

[dipsydoodle]

19. the big political website the Democratic Underground.

:thumbsup:

I'll vote for that.

[DesertFlower]

53. i like that wording too.

:thumbsup:

[aquart]

20. So who took those asses to the woodshed?

What bloody freaking nerve they had.

[pinto]

21. Yeah!

:thumbsup:

:thumbsup:

[Blue_Tires]

22. LOL good to see the bad guys cower away in shame

[truthisfreedom]

23. I trust this is good news.

I hope it's the last we hear of it.

[David Zephyr]

24. "big political website". Skinner, EarlG and Elad. How 'bout that?

This sounds like very promising news.

[Alexander]

25. "The" Democratic Underground?

"The Las Vegas Review-Journal's copyright enforcement company no longer wants to litigate one of its more controversial cases: a complaint against the big political website the Democratic Underground."

Is that like "The WB"?

:rofl:

[petronius]

33. At least they didn't say 'Democrat Underground'

;)

[laughingliberal]

48. Lol! nt

[Hepburn]

26. Maybe they fear a malicious pros law suit?

Have to have the defendant win on the merits...so maybe that is why they are dismissing against the DU?

:shrug:

[harun]

27. Victory

[Brother Buzz]

28. 166 website - 166 lawsuits - a thousand cuts

If even a fraction sue for attorney's fees, Righthaven et al.is going to be bleed dry.

[No Elephants]

29. Kv& R (& Congrats!)

[NeoConsSuck]

30. Good Job Skinner!!

now go after the bastards!

[Renew Deal]

31. I hope EFF and DU finish their countersuit

And bankrupt these dirtbags.

[nonoxy9]

32. See what happens when you stand up to a bully?!!!

Good work DU! I'm making a contribution right now!
I just wish the White House would pay attention!

[rAVES]

34. Be extra careful when posting from right wing sources to use the legal

fair use amount of text.

[X_Digger]

44. There is no concrete standard, that's part of the problem. n/t

[RamboLiberal]

69. The DU'er followed the rule here in this case

on what is usually fair use of text. 4 paragraphs out of 34. Righthaven is just greedy bottom suckers.

[sakabatou]

35. Watashi-tachi wa katta ze

[Soylent Brice]

36. K&R

[Kali]

37. excellent

congrats, skinner et al:toast:

[suffragette]

39. Translation

DU didn't immediately bend over to our threats of a lawsuit and pay us big bucks to make us go away and now we have to actually build a suit that has a chance in hell and we know any reasonable judge is going to hand us our backside in court.

[Ian David]

42. Awww, and I was going to go around posting LVRJ articles on right-wing message boards...

... hoping to get the right-wing message boards sued.

[Misooks_cat]

43. pwn those sobs, please!

Counter sue for legal costs, NOW!

[BlueCollar]

45. "....all in the spirit of judicial economy.."...my ass!!!!

F**k that...They started this little pissing contest...I say we ask Skinner and the lads to finish it once and for all.

[jaybeat]

46. Chicken Shits!!

"the big political website"

YEAH, BABY! FUCK YOU!

DU was gonna OWN your ass, and you KNEW it, so you chickened out, in the hopes you could come back again someday and bully somebody else.

Thank GAWD for Skinner and Democratic Underground!!

:woohoo: :woohoo: :woohoo: :woohoo: :woohoo:

[MellowDem]

49. They should ask the court to sanction Righthaven...

under Rule 11 for bringing a frivolous lawsuit without legal merit. Of course, I just learned about that today in law school, but it might work!

[cory777]

50. KandR!!!!

[NBachers]

51. We walk tall here at the big political website the Democratic Underground.

I'm quite impressed with ourselves

[time_has_come]

54. This story is very badly written, imo. Too bad...

...people should understand this. It's a complicated story, requiring skill to cover. This journalist is obviously new at the game.

[pengillian101]

55. K&R! n/t

[tomm2thumbs]

57. justice! congrats DU'ers involved !!

[Celtic Merlin]

58. Congratulations to DU ! ! !

This is good news for a website that we all enjoy.

I'm happy for the site, its owner, and all of us!

Celtic Merlin
Carlinist

[DeSwiss]

59. K&R

:applause: Huzzah!

[muriel_volestrangler]

60. Righthaven vulnerable - hopes not to pay defendant's expenses

In a sign that Righthaven is on the defensive, the controversial copyright enforcement company has offered to permanently drop one of its lawsuits—provided it doesn’t have to pay legal fees to the attorneys defending the website it sued, Democratic Underground. The move shows the startup company’s concerns about the potential for mounting legal bills.

If Righthaven were forced to pay legal fees in even one or two of its dozens of cases, it could cripple the firm’s chances of turning copyright lawsuits into a for-profit business. News reports say that Righthaven generally gets less than $5,000 per settlement, and copyright defense bills can routinely be in the tens or even hundreds of thousands of dollars.

As part of their argument that attorneys’ fees are unwarranted, Righthaven promises in the same 26-page motion that it won’t file any more lawsuits unless the defendant has copied at least 75 percent of the text of an article that Righthaven owns the copyright to. Even though the partial-copying suits represent a small part of Righthaven’s overall campaign to make money off infringements of newspaper copyrights, those suits have engendered controversy.
...
Generally, when defendants win in U.S. courts, they aren’t able to recoup their legal fees unless the plaintiff filed a frivolous lawsuit or engaged in some type of misconduct. But the Copyright Act is different because it has special provisions making it easier for parties to win attorneys’ fees. In the case against Righthaven, Democratic Underground is being defended by experienced copyright lawyers from the Electronic Frontier Foundation.

http://paidcontent.org/article/419-righthavens-retreat-on-partial-copying-cases-shows-firms-vulnerability/

[Hawkeye-X]

66. Not bloody likely

DU should turn its guns back on them and get them to pay US to agree to settle it all, and in public.

[BrklynLiberal]

61. It is great to read some good news....

[Mad_Dem_X]

62. Good news.

Don't fuck with Skinner and DU!

[CLANG]

64. Call a WAAAAmbulance!

"This motion represents Righthaven's sensible reaction to the intervening, immediately relevant fair use ruling recently issued by this court, all in the spirit of judicial economy," Righthaven said in its dismissal motion. "Though Righthaven firmly believes that the defendants are liable for copyright infringement, the non-holistic nature of the defendant's unauthorized textual reproduction is such that reasonable minds may disagree as to the legitimacy of a fair use defense."

[Schema Thing]

65. marking n/t

[bobburgster]

71. YEAH!!!!!!!!!!!!!!!!!!!!!!!!!

:toast:

[katty]

72. sanity and 'the law' prevails - great news