Tech Giant Google Weighs in on Righthaven in Amicus Brief; Numerous Case Updates

Google Sides Against Righthaven in Appeal of Copyright Case

The Supreme Court repeatedly has emphasized that the fair use analysis must be a flexible one, leaving courts room to find fair use (or not) depending upon examination of all the relevant facts and circumstances and how they interplay with one another in a particular case,” said Google’s brief.
Google urged the Court to reject “Righthaven’s false assertion that there is ‘almost a per se pronouncement’ in the 9th Circuit precluding the application of the fair use doctrine when an entire work has been copied.”

See: VEGAS INC article in full

Google was not alone in filing a friend of the court brief in the Righthaven case concerning the Center for Intercultural Organizing (CIO), which involved the posting of an entire 33-paragraph R-J story without authorization. The Electronic Frontier Foundation (EFF), the Digital Media Law Project, Public Knowledge and several law professors joined together and filed a friend of the court brief as well.

See: Brief of Amicus Curiae Google (Righthaven v. CIO)
See: Brief of Amicus Curiae EFF et al (Righthaven v. CIO)

RIAA, APP May Intervene on Behalf of Righthaven; Sent Letter Warning of PR Disaster

UPDATE 12/06/11: The RIAA and AAP did file an amicus brief Monday on behalf of Righthaven. The EFF offers explanation and copies of the brief (RIAA and AAP File Amicus Brief in Righthaven Appeal)

RIAA and AAP's motion for leave to file amicus brief
RIAA and AAP amicus brief

Music, Book Industries May Back Righthaven
Attorneys representing defendant Wayne Hoehn sent a letter to the law group representing the Recording Industry Association of America (RIAA) and the Association of American Publishers (AAP) warning them of the negative public relations repercussions that will result if they intervene on behalf of Righthaven in this case. Former defendant Brian Hill, who created the worst public relations scenario for Righthaven, has written about this recent development and posted a YouTube video.

"Wayne Hoehn is a highly decorated Vietnam veteran who, while handing a series of humiliating defeats to Righthaven, has expended much of his savings in this battle," Randazza wrote in his letter. "He has further become a symbol of resistance to the abusive litigation tactics engaged in by Righthaven.
"If you have actually managed to convince your clients that it is a good idea for them to spend tens of thousands of dollars (or more) in this case for the sole eventual purpose of merely costing Mr. Hoehn money, you can rest assured that it will be a public relations negative for them, in no small part due to Righthaven’s poor handling of this case, along with hundreds of others," Randazza wrote. "Your clients will waste money and all the money will buy them is the opportunity to look like idiots."

See: VEGAS INC article in full

Attorneys Respond to Re-Filing of Mostofi Claim; Key Pahrump Hearing Next Week

Attorneys: Righthaven’s Latest Action Amounts to Fraud

The day Dawson dismissed that suit, July 13, Righthaven simply filed a new suit over the same alleged infringement against Mostofi. Only this time, Righthaven says its standing to sue is bullet-proof as it has obtained complete control of the copyright at issue with the latest amendments to the Stephens Media lawsuit contract, called the Strategic Alliance Agreement (SAA).
That contention is false, attorneys in another case involving the Pahrump Life blog charged in a new court filing this week.
“The restated SAA seeks to perpetuate, in fact, to revitalize Righthaven’s fraud by denying its victims the dismissals of Righthaven’s claims that they deserve,” said the filing by attorneys including Laurence Pulgram.

See: Related VEGAS INC article

More from CALA's Request to File Amicus Brief

Blogger Ken recently highlighted parts of CALA's request to file amicus brief in the claim against Leland Wolf. (CALA is also a friend of the court in the Pahrump Life and DU cases.) Another part of the motion addresses Righthaven's continuous re-filing of claims with an amended SAA.

However, there is a much deeper, much more fundamental problem with Righthaven's standing, one wholly unrelated to the Copyright Act. CALA's amicus brief presents arguments and authorities that conclusively demonstrate—as a matter of black letter law—that Righthaven's assignments are void ab initio and no amendments could ever rescue them. The CALA brief presents a way for this Court and others to conclusively resolve these issues with permanence, which will save Righthaven defendants from endlessly defending themselves against rewritten agreements.

Also, U.S. District Judge Howard McKibben in Reno dismissed a Righthaven lawsuit against a “Ben Jones”, after Righthaven served the wrong Ben Jones with the lawsuit -- and failed to show it had served the correct Ben Jones with the suit. That claim was originally filed over a year ago.

South Carolina Group (CALA) Granted Approval to Appear as Friend of Court in Pahrump Case

New Attacks Launched on Righthaven Litigation Campaign

In another development, Righthaven will have to deal with South Carolina attorney Todd Kincannon and his group, Citizens Against Litigation Abuse Inc., in the Pahrump Life case in Las Vegas.
Mahan has granted the group’s request to appear as a friend of the court, where it will argue Righthaven has been practicing law without a license.
“The court has reviewed the proposed brief and agrees that it may be useful to the court in ruling on the pending order to show cause why the case should not be dismissed for lack of standing,” Mahan wrote in a June 29 order.

See: Article in full | See: Brief of Amicus Curiae by CALA

The Kincannon law group is already litigating against Righthaven in three courts. Gibson and MediaNews Group (The Denver Post) must really be kicking themselves for filing the case against activist Dana Eieser.

1. State of South Carolina Supreme Court
2. U.S. District Court - District of South Carolina
3. State of South Carolina, County of Charleston - Court of Common Pleas

The Media Bloggers Association Intervenes on Behalf of Righthaven Defendant

National Bloggers’ Group Intervenes in Copyright Lawsuit Campaign

A national bloggers’ group intervened in the Righthaven LLC newspaper copyright infringement lawsuit campaign Wednesday, urging a federal judge not to reward Righthaven for what the bloggers call its “get-rich-quick scheme.”
The Media Bloggers Association filed a friend of the court brief in one of the Righthaven lawsuits, urging a Nevada federal judge to award only minimal damages — if any — and no attorney’s fees to Righthaven against a defaulting defendant.

See: Article in full | Read: Amicus Brief in full

Excerpts from the Amicus Brief

The vast majority of the victims of this scheme are under the impression that by giving proper attribution to a source, they are within their rights to use such excerpts. Almost none of them could ever afford legal representation; flummoxed by the threat of a $150,000 potential statutory damage award – an amount that it can safely be said none of them could dream of satisfying...
--snip--
Phony “assignments” are not the only venal and manipulative aspects of the Righthaven scheme. By design, Righthaven sues mostly retirees who, terrified of losing their retirement savings, generally settle their cases quickly and without discovery...
--snip--
Without revealing exactly what exclusive rights Righthaven has acquired in the works, if acquiring any at all, Righthaven essentially buys the bare right to sue for copyright infringement – which purchase is banned by copyright law – and uses it to sue small website operators by the hundreds...
--snip--
In every Righthaven case, Righthaven discovered a small website or blogger’s use of an article – which very well may have been fair use – and then claimed to acquire the story’s rights, followed by a copyright registration and federal lawsuit. This case follows the same formula...
--snip--
Righthaven’s agreements with Stephens Media include a mysterious “right of reversion” that allows whatever rights Righthaven does acquire to revert back to Stephens Media under circumstances unspecified in the parties’ written agreement. This raises serious questions as to whether Righthaven truly owns the copyright at all...
--snip--
Righthaven’s business model is simple, cynical, and ethically questionable. Righthaven finds instances of infringement relating to newspaper articles and pictures of essentially trivial economic value on blogs and other small websites without significant readership, advertising or other resources...
--snip--
This model, if sustained by law and emboldened by this Court granting Righthaven the damages it seeks, poses a singular and unique threat to Amicus’ membership. The interests of bloggers acting under Amicus’ umbrella will be adversely affected by any award of damages granted to an entity that collects illusory copyright rights for the sole purpose of litigation...

These excerpts do not reflect the thoughtful and informative depths of this 22-page document, but do provide insight into Righthaven's shocking predatory lawsuits.