Lawyers Cite Evidence of Fraud in Righthaven Copyrights

As posted on this site, lawyers for the EFF defending lawsuits in Nevada over LVRJ articles have uncovered the working agreement between Righthaven and Stevens Media, parent company of the Las Vegas Review Journal. The agreement was unsealed by a Nevada Federal Judge and has set off a firestorm of controversy as to the illicit nature of the agreement that proves Righthaven has absolutely no real interest in the works. They claim in their cookie-cutter law-suites to be the "exclusive owner" of the copyrighted works. Documents prove the exact opposite and Righthaven has no exclusive or even inclusive rights to anything except to sue.

"Despite any such Copyright Assignment, Stephens Media shall retain (and is hereby granted by Righthaven) an exclusive license to Exploit the Stephens Media Assigned Copyrights for any lawful purpose whatsoever and Righthaven shall have no right or license to Exploit or participate in the receipt of royalties from the Exploitation of the Stephens Media Assigned Copyrights other than the right to proceeds in association with a Recovery.."

However in their court filings:

• 7. Righthaven is the owner of the copyright in and to the Work.
• 30. Righthaven holds the exclusive right to reproduce the Work, pursuant to 17
• 31. Righthaven holds the exclusive right to prepare derivative works based upon the
• Work, pursuant to 17 U.S.C. 106(2).
• 32. Righthaven holds the exclusive right to distribute copies of the Work, pursuant to 17 U.S.C. 106(3).
• 33. Righthaven holds the exclusive right to publicly display the Work, pursuant to 17

Lawyers from the EFF now say this agreement shows FRAUD among Righthaven and Stevens Media and possibly Media Newsgroup, parent company of the Denver Post and Salt Lake Tribune. It is apparent now that Righthaven and their media masters are in deep trouble. Every new suit will only compound their troubles so we will see if any new suits are filed.

One thing we have learned from this is that Righthaven does nothing without Stevens Media approval. They are really just a front group for Stevens Media. All counter claims against Righthaven should include Stevens Media or in other venues include Media News Group. Stevens Media probably considers Righthavan to be a throw away company. In case there becomes massive lawsuit liabilities they can just fold up Righthaven and walk away from liable. The wording in their agreement shows this.

"Stephens Media's Potential Liability. Stephens Media understands and acknowledges that Stephens Media and Righthaven may be liable for an Infringer's attorneys' fees as required by Law in connection wi th an Infringement Action. Stephens Media further understands that a lawsuit brought solely to harass or to coerce asettlement may result in liability for malicious prosecution or abuse of process. If any Claim made by an Infringer in an Infringement Action results in Losses, other than Losses described in Section 8, Righthaven shall be solely liable for such Losses and shall indemnify Stephens Media from and against any such Losses but only if such Losses do not arise out of a missrepresentation by Stephens Media or other breach by Stephens Media of a provision of this Agreement."

This section shows malice of forethought among Stevens Media. They knew what Righthaven was doing was underhanded and had the great potential for counter-suits, so to get around this they set up Righthaven to take the fall for any such liability. Righthaven goes bankrupt and Stevens Media walks away with no liability. At least that was their plan. It will not work and Stevens Media WILL be subject to all Righthaven related liabilities possibly even those involving the agreement between Righthaven and Media News Group because RIGHTHAVIN IS STEVENS MEDIA.

One thing is for sure, Righthaven's REIGN OF TERROR IS OVER!