Righthaven LLC -- a bottom feeding legal outfit -- has teamed up with the Las Vegas Review-Journal and Denver Post to sue mom and pop websites, advocacy and public interest groups and forum board operators for copyright infringement. The strategy of Righthaven is to sue thousands of these website owners, who are primarily unfunded and will be forced to settle out of court.
Righthaven lawsuitsTo date Righthaven has been ordered to pay $323,138 in legal fees and sanctions.Righthaven lawsuits

Friday, April 22, 2011

Righthaven Becoming Defiant, Ups the Anti on Demands

Posted by Ken
Righthaven is upping the anti by adding to its list of demands. Righthaven has demanded the domain names of those it has sued and a Nevada Federal Judge has already rejected that demand. Instead of complying or at least challenging the judges ruling they are now brazenly defying the judge by not only demanding domain names but in their latest lawsuit they are demanding every domain name the defendant may possess as well as any computers, hardware and software used in the alleged infringement.

Correction: Righthaven is not asking for all domains owned by the defendant but..
"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"
Which is interesting because 17 U.S.C rule 505 does not have a section b, and even rule 505 mainly deals with attorney's fees.

See: Response from EFF
Posted by Ken at 11:46 PM

5 comments:

  1. KenApril 23, 2011 at 2:08 PM

    What is funny is Righthaven sites a law that does not even exist.

    They site 17 U.S.C. § 505(b) but rule 505 has no subsection b and even rule 505 only deals with costs and attorney's fees so Righthaven has taken it upon themselves as lawmakers.

    http://www.law.cornell.edu/uscode/17/505.html

    ReplyDelete
  2. UnknownApril 23, 2011 at 4:51 PM

    Ken, I think you are mistaken about them asking for all domains. I read that as asking for all domains used in the alleged infringement, along with hardware, software, etc.

    Also, there does seem to be a subtle difference in how they are asking for the domains.

    I don't it will make a difference in the end since the copyright law only allows for monetary awards, but I am not a lawyer.

    But there is something more important about this particular case. The website in question posts numerous stories everyday on an automated basis. Why is RH not asking for a TRO? And why is it suing over only a few instances?

    As I have said before, something is not right here.

    ReplyDelete
  3. KenApril 23, 2011 at 5:41 PM

    admin

    There is something very odd about this case. I am looking into it. I think you are right about the domains. I will make a correction. Thanks for pointing that out.

    What is interesting here is that the owner of this site is an internet service provider called Source One internet from Logan Utah. interesting how the website being sued is not hosted on their server but one in Houston.

    ReplyDelete
  4. Ben the DragonApril 25, 2011 at 1:02 AM

    Well then Ken you better start advising people to use active killdisk, eraser, and other disk erasing softwares. If Righthaven gets backed by the Obama Administration then this means people can start gaining blackmail if they start snatching computers.

    Also you need to be encrypting entire computer hard disk drives in military disk level encryption such as TrueCrypt.

    The United States used to be free but it ain't free no more! Americas no more!

    ReplyDelete
  5. Ben the DragonApril 25, 2011 at 1:08 AM

    My advice is start getting a disk erasing software then after wiping the hard drives clean then start using disk encrypting software software. Also transfer any computers with any embarrassing photos, videos, or god knows what they can use personal computer files, to friends or have them destroyed because if Righthaven gets them it will mean blackmail for those mafia b**tards.

    The RIAA used to want to go after peoples computers. Now it's Righthaven! Pretty soon everybody should use TOR, P2P friendly VPN Services just to run a blog.

    ReplyDelete

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