Righthaven Ordered to Pay Attorney's Fees in Case Involving the Democratic Underground

Righthaven Ordered to Pay Attorney's Fees in Another Case

Righthaven LLC, the Las Vegas copyright infringement lawsuit filer, was ordered Thursday to pay $131,457 in attorney's fees to a defendant that prevailed against Righthaven in court.
U.S. District Judge Roger Hunt in Las Vegas ordered that Righthaven pay the fees to attorneys for the Democratic Underground, a political website operator in the Washington, D.C., area.

The order raises the amount Righthaven has been ordered to pay copyright defendants to $318,138. The article also notes that only 24 of its lawsuits remain open, excluding four appeals cases.

See: VEGAS INC article in full

Mega Legal Fee Bill in Case Defending the Democratic Underground is Revealed: $774,00

Review-Journal Owner Facing $774,000 Fee Demand in Righthaven Case

"Righthaven and Stephens Media had an improper motivation in the pursuit of this lawsuit and their litigation campaign more generally. They sought to shake down website operators and bloggers for nuisance-value settlements with threats of seizure of their domain name and huge statutory damage awards, regardless of whether those defendants’ uses of the works at issue were actually infringing,'' said a filing Tuesday in federal court in Las Vegas seeking recovery of legal fees by Democratic Underground attorneys. ''As to deterrence, an award of fees is necessary to dissuade these parties and others from any similar scheme of shakedown lawsuits threatening staggering statutory damage awards and seizure of websites. Righthaven and Stephens Media pursued these claims such that numerous instances of legitimate fair use, like that here, would necessarily be dragged into their litigation machine."

The Democratic Underground was represented by the Electronic Frontier Foundation (EFF) and attorney Laurence Pulgram at Fenwick & West LLP in San Francisco. In their motion to be reimbursed for fees, Pulgram and EFF attorney Kurt Opsahl said over 1,000 hours were spent fighting Righthaven and Stephens media. Part of this included a counterclaim involving Stephens Media, which led to the discovery of the Strategic Alliance Agreement, and Righthaven's lack of standing to sue.

See: VEGAS INC article in full

Righthaven is Finito; Judge Strips Bottom Feeding Group of Copyrights and Trademark

Judge Strips Righthaven of Rights to 278 Copyrights and Its Trademark

Like a gunfighter with no bullets, Las Vegas copyright company Righthaven LLC no longer has any copyrights to sue over.
A federal judge in Las Vegas on Monday stripped Righthaven of whatever interests it has in its 278 federal copyright registrations as well as its trademark.
Judge Philip Pro ordered that the copyrights and trademarks be transferred to a court-appointed receiver so they can be auctioned to cover some of Righthaven’s debts.

Isn't this a fine ending for our "little friend" called Righthaven? The legal outfit didn't have standing to sue before this ruling and now they don't even own the copyrights. This is it finito -- except for defendants seeking attorney fees and recovering damages. The ruling came Monday in the case of defendant Wayne Hoehn. Marc Randazza, a Las Vegas attorney representing Hoehn, said that Pro’s order wipes out Righthaven’s interest in all of its pending lawsuits and appeals -- "It moots them."

See: VEGAS INC article in full

Righthaven LLC State Business License in Default (Again); Another Case Dismissed

Righthaven in Default Again with State

Righthaven LLC’s financial position appears to have deteriorated further: For the second year in a row, the Las Vegas company's state business license has expired and now it’s listed in default ... The development indicates the copyright infringement lawsuit filer either can’t or won’t come up with the $200 needed to reactivate the license. A request for comment was placed with Righthaven on the issue.

The most recent VEGAS INC article continues the dissolving tale of the former "copyright enforcement partner" of the Las Vegas Review-Journal and Denver Post known as Righthaven. Separately, U.S. District Judge Richard Mark Gergle in Charleston, South Carolina, recently dismissed Righthaven's sole lawsuit in the state against Tea Party activist Dana Eiser. Kudos out to defendant Dana Eiser and attorney Todd Kincannon representing her. Next up is Eiser's request for attorney's fees.

Colorado Judge Dings Righthaven for Another $33,000 in 'Reasonable Attorney's Fees'

U.S. District Judge John Kane ordered Righthaven to pay attorney's fees to defendant Leland Wolf today in the amount of $33,148.35. Bond was set at $50,000. During comments by the court, attorney for Righthaven, Shawn Mangano, was admonished for his "lack of civility." Wolf is represented by Andrew Contiguglia, who was in court today, and Randazza Legal Group. Thus far, the Randazza group has helped round up fee awards for defendants Michael Leon, Wayne Hoehn and Leland Wolf.

See: Judge Kane's order in full

Righthaven CEO Steven Gibson and His Wife (Chief Admin Officer) Asked to Explain Finances

Attorneys Seek to Examine Righthaven CEO about Company Finances

Attorneys trying to collect $63,720 in fees from Righthaven LLC stepped up the pressure Sunday, asking a court to require that Righthaven’s CEO and his wife be ordered to appear for an examination about the company’s finances.
--snip--
Hoehn’s attorneys at Randazza Legal Group of Las Vegas, in a Sunday U.S. District Court filing, said that in order to assist the Marshals Service in locating Righthaven assets, they want copies of Righthaven’s financial records and a judgment debtor’s examination of Righthaven CEO Steven Gibson, a Las Vegas attorney; and a woman they say is his spouse, Raisha Y. "Drizzle" Gibson, identified as Righthaven’s chief administrative officer.

See: VEGAS INC article in full

Righthaven Ordered to Pony Up $119,488 in Legal Fees in Failed Copyright Lawsuit

Righthaven Ordered to Pay Nearly $120,000 in Attorney Fees, Court Costs

Newspaper copyright infringement lawsuit filer Righthaven LLC of Las Vegas was hit Wednesday with an order to pay $119,488 in attorney's fees and costs in its failed lawsuit against former federal prosecutor Thomas DiBiase.
This was by far the largest fee award against Righthaven, but likely will be dwarfed by an upcoming award in Righthaven's failed suit against the Democratic Underground. Before Wednesday the largest fee award against Righthaven was for $34,045 — an amount Righthaven says it's having trouble paying or even posting a bond to cover.

See: Las Vegas Sun article in full

Judge Dismisses All Colorado Righthaven Lawsuits; Orders Righthaven to Pay Legal Fees

Judge: Righthaven Lacked Standing, Abused Copyright Act

Righthaven LLC of Las Vegas lacked standing to file copyright infringement lawsuits in Colorado under its lawsuit contract with the Denver Post and abused the Copyright Act in doing so, a federal judge ruled Tuesday.
Senior U.S. District Judge John L. Kane in Denver granted summary judgment for Righthaven lawsuit defendant Leland Wolf and the It Makes Sense Blog against Righthaven.

See: VEGAS INC article in full
See: U.S. District Judge John Kane's ruling in full

The article notes that 23 Colorado cases had closed prior to Judge Kane's ruling. It is likely that Righthaven lacked standing to bring those lawsuits as well, several of which included settlements with big names, such as white supremacist David Duke and website operator Matt Drudge.

Part of Judge Kane's Order:

Righthaven’s only interest in the Work is “the right to proceeds in association with a Recovery.” The Copyright Assignment Agreement defines “Recovery” as “any and all sums . . . arising from an Infringement Action.” Thus, when read together, the Assignment and the Copyright Assignment Agreement reveal that MediaNews Group has assigned to Righthaven the bare right to sue for infringement – no more, no less. Although the assignment of the bare right to sue is permissible, it is ineffectual. Standing alone, “[t]he right to sue for an accrued claim for infringement is not an exclusive right under § 106.” Silvers, 402 F.3d at 884. Furthermore, neither the Assignment nor the Copyright Assignment Agreement provide Righthaven any beneficial interest in the dissemination of the Work. Accordingly, Righthaven is neither a “legal owner” or a “beneficial owner” for purposes of § 501(b), and it lacks standing to institute an action for copyright infringement.
CONCLUSION
It is apparent from the terms of the Assignment and the Copyright Assignment Agreement that Righthaven lacks standing to institute an action for copyright infringement. Because the jurisdictional issues raised in the Motion to Dismiss are intertwined with the merits of the case, I convert Mr. Wolf’s Rule 12(b)(1) motion to a Rule 56 motion and GRANT him SUMMARY JUDGMENT. Furthermore, in light of the need to discourage the abuse of the statutory remedies for copyright infringement, I exercise my discretion under Section 505 of the Copyright Act and ORDER that Righthaven shall reimburse Mr. Wolf’s full costs in defending this action, including reasonable attorney fees.

Defendant Leland Wolf is represented by Randazza Legal Group. (Huge kudos to both!)

Attorneys for Wayne Hoehn File Motion for Seizure of Righthaven's Bank Accounts

Attorneys representing Wayne Hoehn filed a motion Sunday asking the court to issue a writ of execution for Hoehn's judgment against Righthaven after the group defied the court ordered payment due date last week. The motion states, "No stay prohibiting Hoehn’s execution of his judgment is in place, nor would any such future stay have retroactive effect." It also states that the "Court is entitled to authorize the U.S. Marshalls to execute Hoehn’s judgment" through seizure of bank accounts.

Court is entitled to authorize the U.S. Marshalls to execute Hoehn’s judgment through seizure of Righthaven’s bank accounts, real and personal property, and intangible intellectual property rights for levy, lien, auction or other treatment appropriate for satisfaction of Hoehn’s judgment.

See: Motion for Writ of Execution
See: Affidavit and Request for Issuance of Writ of Execution
See: Proposed Writ of Execution for completion by the court

Former Defendant Posts on Veterans Website

By Michael Leon
In August 2011, Wayne Hoehn was awarded $34,045 in attorneys’ fees and costs in a judicial order that doomed Righthaven LLC, a fraudulent outfit operating out of Las Vegas pretending to own copyrights and then suing 100s of defendants, scaring them into settlements.
Righthaven has filed some 275 federal copyright lawsuits claiming text from the Las Vegas Review-Journal and [formerly] the Denver Post has been used without regard to copyright law by the Internet users including bloggers and message board posters.
Righthaven lost its case against Hoehn who knew that he could not live up to his oath he once gave to defend the U.S. Constitution if he gave up without a fight. Hoehn stood up for fair use and free speech – and he prevailed.

See: Related Veterans News Now article

Legal Fees Pay Date Looms for Righthaven; 'Nobody is Playing a Violin' for Them Either

The date for Righthaven to pay $34,000 dollars in legal fees to defendant Wayne Hoehn is Wednesday, September 14. Thus the emergency motion by Righthaven last Friday to stay U.S. District Judge Philip Pro’s order to pay the fees. In an article published by Wired today, Hoehn's attorney Marc Randazza of Randazza Legal Group said that Righthaven should hand over the fees. "Remember, it’s not like we sued them," Randazza said. He added, "Nobody is playing a violin for these guys."

It's unknown how Rigthaven can pursue multiple appeals and pay attorney Dale Cendali, a partner at Kirkland and Ellis. According to PaidContent.org, Kirkland was one of the first firms where some New York partners "broke the $1,000-per-hour billing ceiling a few years back." Righthaven is in a needy position to be sure. Yet it is of their own making, which has cost the financial and emotional suffering of at least 500 victims if one includes codefendants in Righthaven's 276 "no warning" lawsuits.

Judge Denies Attorney's Fees to Defendant Who Inspired Many Other Victims to Fight Back

Earlier today, U.S. District Judge John Kane denied a motion by defendant Brian Hill’s attorneys that Righthaven be required to pay his legal fees. Brian Hill, who suffers from autism and other disabilities, captured the attention of the New York Times, Reporters Without Borders and many other groups and individuals for refusing to cave into Righthaven's intimidation tactics. After the ruling, Brian Hill's attorney David Kerr told VEGAS INC that he was disappointed in the ruling but that he respected it.

"I think Brian deserves to be recognized for being the first Colorado defendant to really refuse to give into Righthaven’s heavy-handed tactics and stand up and fight. I certainly do think there is a correlation between Brian’s case and the MediaNews Group’s decision not to continue their relationship with Righthaven," Kerr said.
MediaNews Group, owner of the Denver Post, disclosed this week it’s not renewing its copyright protection contract with Righthaven. The decision came after several public relations debacles, most notably about the Hill case.

See: Related VEGAS INC article
See: Judge Kane's ruling in full
See: Brian Hill's website (uswgo.com)
See: Brian Hill's Scribd collection

Righthaven LLC Issues Bankruptcy Warning; Who Could Have Foreseen?

Righthaven Says it Might Have to File for Bankruptcy

Despite its backing by the billionaire Warren Stephens family, Las Vegas copyright lawsuit filer Righthaven LLC warned today it may have to file for bankruptcy because of a series of setbacks in its litigation campaign.
The warning came in an emergency request by Righthaven to a federal judge in Las Vegas that he stay his order that Righthaven pay $34,045 in legal fees to attorneys who successfully defended Kentucky message board poster Wayne Hoehn against a Righthaven lawsuit.

See: Related VEGAS INC article

Desperation is never fun to watch, but do read the full article. It's packed with jewels including, "the software could be sold to any one of a host of infringers or other supporting organizations that would attempt to reverse engineer the software in order to devise methods for evading detection."(?) PaidContent.org also writes about this news (See: Righthaven: We Might Have To Declare Bankruptcy) and offers a delightful "plain language version" of Righthaven's emergency filing.

Boing Boing: Copyright Troll Handed Ass (Again), Tries Saddest Trick Ever...

Copyright Troll Handed Ass (Again), Tries Saddest Trick Ever...

Everyone's favorite copyright troll Righthaven has once again had its ass handed to it. The company, which was spun out of a Nevada newspaper, sublicenses the right to sue people from copyright holders, then sends legal threats to bloggers and website owners who publish articles or images from newspapers, including short quotations or thumbnails. Judges keep telling Righthaven that this isn't legal -- there's no such thing as a sub-licensable right to sue -- but Righthaven keeps on keeping on.

See: Related Boing Boing blog post

Judge Orders Righthaven to Pay Attorney's Fees to Defendant Wayne Hoehn (34k+)

On Monday, U.S. District Judge Philip Pro signed an order requiring Righthaven to pay attorney's fees and costs to defendant Wayne Hoehn, who is represented by Randazza Legal Group. The amount awarded by Pro is $34,045.50 and must be paid no later than September 14, 2011. On July 5, U.S. District Judge Gloria Navarro ordered Righthaven to pay attorney's fees for defendant Michael Leon, also represented by Randazza Legal Group. –Kudos to some great lawyering by this group!

In this case, the Court finds that Defendant Hoehn is the prevailing party and the attorney’s fees and costs sought on his behalf are reasonable and supported by Defendant’s Memorandum of Law and the Affidavit of J. Malcolm Devoy, Esq.
IT IS THEREFORE ORDERED that Defendant Hoehn’s Motion for Attorney’s Fees and Costs (Doc. #32) is GRANTED, and that Plaintiff Righthaven, shall not later than September 14, 2011 pay to Defendant Wayne Hoehn the sum of $34,045.50 as and for reasonable attorney’s fees and costs.

See: Judge Pro's order in full

Former Defendant Michael Leon

Leon's blog, MAL Contends, posted about this news and offers additional details:

Congratulations are in order for Vietnam War veteran, Wayne Hoehn (Recon Company, E 2/12, 12th Cavalry Regiment (1969-70)), who won another major First Amendment victory over Internet troll, Righthaven LLC today.
It was announced today in the United States District Court, District of Nevada that Hoehn was awarded $34,045 in attorneys' fees and costs...

See: Blog post in full

Free Speech Advocate Ken Bingham

Free speech advocate Ken Bingham also posted about this news at his OneUtah blog:

Chock up another win for the amazing Randazza Legal Group. U.S. District Judge Philip Pro of Nevada ordered Righthaven to pay $34,045 in legal fees for war veteran Wayne Hoehn of Kentucky. Judge Pro also dismissed the case for lack of standing on Righthaven’s part and said even if Righthaven had standing Mr. Hoehn’s use of the Las Vegas Review Journal article was protected by fair use. Righthaven said they will appeal but they are already appealing several cases with no guarantee the appeals court will be anymore receptive than the lower courts.

See: Blog post in full

VEGAS INC (The Heavy Lifters)

The heavy lifters over at VEGAS INC have of course posted about this news as well.

In yet another stunning reversal for Las Vegas copyright lawsuit filer Righthaven LLC, the company won’t be collecting any damages from a man it once branded as a copyright infringer.
Instead, it’s Righthaven that must pay the man's legal fees of $34,045.

See: Related VEGAS INC article