5-Years Ago Righthaven Unleashed Copyright Trolling Operation; Gibson Still Practicing Law

Journalist Steve Green, formerly with the Las Vegas Sun and now with the Orange County Register, who worked tirelessly reporting the depths and doings and eventually the complete undoing of Righthaven LLC has written a long follow up five years to the day that Righthaven began its copyright trolling scheme. If you were a follower of this website from 2010 to 2012, back during Righthaven's "shakedown" lawsuit heyday, the memories will flood back ten fold, particularly Righthaven's numerous PR blunders and the key cases that defeated Righthaven and ultimately threw them into bankruptcy.

Some of Righthaven's worst PR blunders included filing their typical "without warning" lawsuits against a woman who had a blog that was written from a cat's point of view and mistakenly posted a Review-Journal article about a bird sanctuary. There was also the suit filed against U.S. Senate Candidate Sharron Angle. After being sued for posting an R-J editorial and story to her website, the R-J endorsed Angle. Righthaven's tide-turning PR blunder, however, was a lawsuit against 20-year old Brian Hill, a blogger from North Carolina who suffers a mild form of autism, diabetes and hyperactive disorder.

At Chapman forum, 'Righthaven' copyright outfit still controversial five years later

It was five years ago -- March 13, 2010 -- that Righthaven LLC launched its assembly line-like copyright lawsuit campaign over newspaper content. Righthaven is long gone, but the controversies it stirred up linger today.
Righthaven was a Las Vegas company created to sue over material copied without authorization from news websites, its partners being the Las Vegas Review-Journal and the Denver Post. Between March 2010 and June 2011 it filed 275 lawsuits over content from those papers in federal courts in Nevada, Colorado and South Carolina.
Righthaven was a company, not a law firm, and it ultimately fell apart after defense attorneys discovered it lacked authority to file the lawsuits.

See: Orange County Register article in full
See: Righthaven archives from VEGAS INC/Las Vegas Sun
See: March 2010 Righthaven lawsuits

More Maneuvers by Copyright Troll Righthaven to Avoid Paying Court Ordered Legal Fees

Righthaven Asks Appeals Court to Block Dismantling of the Company

Despite its backing by billionaire Arkansas investment banker Warren Stephens, copyright lawsuit filer Righthaven LLC of Las Vegas said Sunday it has been unable to secure a $34,045 bond to guarantee payment of a defendant’s attorney’s fees.
In an "urgent motion" filed Sunday with the 9th U.S. Circuit Court of Appeals in San Francisco, Righthaven asked the court to strike a Nevada judge’s order that it post the bond to ensure attorneys for copyright lawsuit defendant Wayne Hoehn get paid, should Righthaven lose its appeal in the Hoehn case.

See: VEGAS INC article in full

Recent Backdrop

Righthaven LLC recently made several maneuvers concerning Judge Kane's September 27 ruling dismissing all open Colorado Righthaven infringement lawsuits due to lack of standing. Both Friday and Saturday filings by Righthaven show more attempts on their part to avoid paying attorneys' fees to prevailing defendants and to preserve the right to refile lawsuits over Denver Post material. The maneuvers also come four weeks after the Denver Post did not renew its contract with Righthaven.

Since the September 27 ruling, several "pity articles" have been written about Righthaven because "normal" people are starting to feel sorry about the way Righthaven is digging themselves into an abyss. Stop feeling sorry for this copyright troll -- In a heartbeat, Righthaven would refile as many cases as possible. If for some reason an appeals court overturns rulings by judges John Kane, Phillip Pro, Roger Hunt, James Mahan or others, Righthaven will quickly resume their "practices."

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

Public Interest Law and Policy Group Distributes Righthaven Informational Paper to Hundreds

On Friday, Washington Legal Foundation (WLF), a nonprofit public interest law and policy group based in Washington D.C., released a paper regarding the severe harm Righthaven is inflicting upon copyright holders and groups who seek to advance educational and informational exchanges. WLF distributed the paper, Selling Legal Standing? Righthaven LLC and the Judiciary’s Response to Copyright Trolling, to hundreds of judges, lawyers, reporters, business leaders and others.

Those involved with or affected by intellectual property lawsuits are likely familiar with the term “patent troll.” “Patent trolls” have been described as patent-holding entities that do not use their patents for actual production; instead, they accumulate patents to pursue profit through litigation. This practice is controversial to say the least, but it pales in comparison to the actions of the recently formed litigation group “Righthaven LLC.” Righthaven was incorporated to be a “copyright troll,” and its actions, as courts are beginning to rule, have little justification under the law.

See: Legal opinion paper in full (PDF format)

The two page paper summarizes what Righthaven LLC has been up to since March 2010 and how U.S. federal courts are responding to the copyright trolling group. Issues covered include Righthaven 1.) Exploiting a loophole in the Digital Millennium Copyright Act (DMCA); 2.) Using a "shoot first ask questions later" approach to propel defendants to quickly settle; 3.) Lacking the legal standing to sue; 4.) Endlessly modifying the assignment agreement in hopes of meeting legal standards and more.

Judge Hunt's Response to Extension: Focus on Material Issues, Not 'Wishful Research' Efforts

In response to Righthaven's application for extension, Chief U.S. District Judge Roger Hunt granted the 10 additional days, then scolded the copyright trolling group and again clarified the July 14 order by defining legal terms such as "parties" and "pending matters" for Righthaven. Hunt also wrote that Righthaven's situation is "largely—if not entirely—of his and Righthaven’s own making" and that, "its counsel should concentrate their efforts on material issues and court orders, not wishful research."

First, as Righthaven points out in its motion, when the Court issued the sanctions the Court and counsel referred to “parties,” not merely cases. Accordingly, it is insufficient to merely file the required documents; Righthaven must produce the documents to the parties in those cases as the Court clearly stated. The reason for this is simple: the Court is fully aware of Righthaven’s practice of filing suit against a party and then entering settlement negotiations (and frequently settling) without ever serving the party. The Court concludes that depriving those parties of the benefit of the Court’s order would be unjust.
Second, Righthaven must produce the required documents to all parties in all pending matters. The Court stated that the order would “not apply to those cases that have been dismissed unless there’s going to be an appeal in those cases.” The Court clearly ordered that Righthaven produce these documents in cases that have been dismissed but are later appealed. This logically includes cases that have already been appealed. Further, if there are any pending motions in a case, that case is still pending in some fashion. Accordingly, Righthaven must produce the required documents in those cases as well even if all that remains pending is a request for attorney’s fees or some similar matter.

See: Judge Hunt's Response to Application for Extension

Service of process costs money; yet another fee Righthaven has been trying to avoid when filing their no-warning lawsuits. Hunt knows Righthaven's game and effectively just tightened up the screws.

Adweek: Maybe Someone Should Sue Him for Posing Such an Unoriginal Question

Judge Takes Dim View of Righthaven

A newspaper publisher’s copyright attack dog got a swat on the nose last week. Righthaven LLC has filed over 250 infringement lawsuits in Nevada, Colorado, and California on behalf of Las Vegas Review-Journal, the Denver Post, and other newspapers.
But a federal judge has declined to indulge its latest episode of copyright trolling, ruling that 100 percent reproduction of an article for a website falls under fair use.

See: Article in full

Social Media Law Newsletter by Morrison & Foerster Examines Righthaven Lawsuits

Socially Aware: The Social Media Law Update - Vol. 2, Issue 2 - April 2011
Socially Aware, a Morrison & Foerster social media newsletter, recently examined Righthaven's copyright lawsuits. In the April 2011 issue (Vol 2, Issue 2) the ninth article, "The Rise (and Possible Demise?) of Copyright Trolls," covers the history of Righthaven's lawsuits up to the most recent news, including the CIO ruling by Judge Mahan and the unveiling of the Strategic Alliance Agreement.

It's a well researched piece, packed with hot links as well. This is a great piece to share with persons new to Righthaven's copyright lawsuits. The newsletter is freely downloadable at the JDSupra website.

Simultaneously, the Intellectual Property Brief newsletter published an article, "Why Comprehensive Copyright Education is Necessary in United States K-12 Education Curriculum." In addition to being scary, the article unwittingly highlights the horrendous complexity of current U.S. copyright law.

Righthaven Turnover Rate Resembles Fast Food Chain Operation

One Attorney Not Even Registered with the Nevada State Bar

Just how many months can a Righthaven attorney be expected to do the "heavy lifting" in their ongoing "sham" copyright claims? According to the Las Vegas Sun, not very long. In yet another article posted Friday, they reported the following:

Righthaven observers note another attorney for the firm, Anne Pieroni, has left Righthaven for undisclosed reasons. Attorneys John Charles Coons, Joseph Chu and Ikenna Odunze left earlier.
With Righthaven CEO and attorney Steven Gibson working on unrelated cases for the Detroit-based firm Dickinson Wright PLLC, the heavy lifting at Righthaven lately has been handled by Las Vegas attorneys Mangano and Steven Ganim. Another attorney, who hasn't been named, is expected to come on board soon.

One has to wonder how Righthaven employment on a résumé is perceived by potential new employers? As for the unnamed new attorney, one has to wonder the questions thrown out in the interview process: Are you up for the task of being called a copyright troll, copyright extortionist, parasitic bottom feeder, perpetrating a fraud upon the court, engaging in unclean hands and more?

Are you up to squeezing autistic individuals on a fixed income, or having your correspondences leaked to the media? (Pieroni and Odunze have since left the firm.) Are you up to "name-calling and saber-rattling" in what observers believe to be a set up for a recusal motion, which may invite severe consequences? It's unknown how long attorneys Shawn Mangano and Steve Ganim will last.

Attorney Steven Ganim is not even registered as a member of the Nevada State Bar.

Colorado Federal Judge Rebukes Righthaven

Judge John L Kane of the Federal Court of the District of Colorado has denied Righthaven's motion to grant a three week extension to respond to Brian Hill's motion to dismiss that was submitted to the court by his attorney David Kerr.

In Judge Kane's denial to extend he issued a scathing rebuke against Righthaven stating his court will not be used as a tool to encourage and exact settlements from defendants who may be intimidated due to the high cost of litigation and potential liabilities. Thus cutting to the heart of Righthaven's business model.

See: Judge Kane's ruling

"the courts are not merely tools for encouraging and exacting settlements from Defendants cowed by the potential costs of litigation and liability."

The very fact that Righthaven requested an extension suggests they are having difficulty answering David Hill's dismissal petition by David Kerr and are stalling for time in hopes of strong arming some kind of settlement which, according to court documents, they are far from getting.

The Judge also stated that after Righthaven responds this case will not proceed further until he rules on the motion to dismiss which is a good sign he will grant the motion.

The Judge appears to have little patience for Righthaven and their business model. This is consistent with Federal Judges in Nevada who have not been kind to Righthaven. Federal Courts do not like being used for profiteering and this ruling is another sign that Righthaven has a lot of trouble ahead in the courts.

See: Related VEGAS INC article

Righthaven vs Brian Hill Dismissal Petition

I just finished reading the entire 52 page affidavit from Attorney David Kerr who is representing Brian Hill of North Carolina. He is a 20 year old mildly autistic man who is currently being sued by Righthaven for posting the TSA image that originally appeared in the Denver Post. Righthaven is seeking $150,000 from Brian along with his domain name http://uswgo.com which is a non-profit alternative news site. His site was shut down when he first heard of the lawsuit against him.

Here is a link to Mr. Hill's entire dismissal petition by Atty. David Kerr.

As David Kerr eloquently points out in his riveting law brief shows the absolute cruelty that Righthaven is subjecting Brian Hill to by continuing this lawsuit.

The present case is even more problematic. Mr. Hill is a 20 year old mentally and physically disabled young man who has been unwittingly swept up in this unforgiving “business model.” Mr. Hill is a resident of North Carolina, was the registrant domain name holder of the not-for-profit website www.uswgo.com Mr. Hill suffers from autism, as well as a rare and severe form of diabetes known as brittle type-1 diabetes, Attention Deficit Disorder and hyperactivity. These severe medical conditions require around the clock attention which is provided by his Mother Roberta Hill. Due to these medical conditions, Mr. Hill cannot work, and will likely not be able to work for the rest of his life. In particular, Mr. Hill’s blood sugar must be monitored around the clock

Righthaven was made aware of Brian Hill's health problems and his financial situation when they first contacted Brian and told him they would settle for $6000 dollars, which would almost be his entire years income from a Social Security Disability Check that is his and his mother's only source of income. According to Mrs. Hill, Righthaven was cold as ice when they explained this to them. Righthaven made their demands knowing full well they cannot, by law, collect from a Social Securty Disability check.

Mr. Kerr's petition to dismiss mainly covers the inappropriateness of holding the lawsuit in a Colorado Federal Court and request the case either be moved to North Carolina or outright dismissed. The dismissal petition sites several grounds including the fact that neither Righthaven nor Brian Hill reside in Colorado, nor has Brian had any dealings with anyone in Colorado. Since The Denver Post is not a party to this lawsuit then no alleged "infringement" could possibly have occurred in Colorado.

Rightaven claims, without proof, that Brian knowingly took the photo from the Denver Post when in fact Brian Hill first found this photo from a parody site called 'deadseriousnews.com' that to this day still has the TSA image and has not been sued by Righthaven even though they are the source of many Righthaven victims.

The supported facts of the case are as follows: Mr. Hill’s first contact with the photo in question came when he accessed through the internet, what he reasonably believed to be a California based humor and parody website, www.deadseriousnews.com. Mr. Hill, being politically opposed to what he views as intrusive physical inspections conducted by employees for the Transportation Security Administration.

The story along side the image in deadseriousnews leads the reader to believe the photo was taken in San Fransisco and the site does not attribute the photo leaving no indication this was a copyrighted photo from the Denver Post.

One revelation in Brian Hill's affidavit shows that Righthaven may not even have standing in this case and that Brian Hill's site was shutdown before Righthaven even "acquired" the copyright and registered it with the US Copyright office.

Righthaven alleges that Mr. Hill infringed upon its copyright. While Righthaven specifically claims ownership of the photo in question, it however fails to plead the relevant dates of its ownership interests, or the transfer of any accrued rights. prove such infringement, Righthaven must allege that it is the owner of a valid copyright as well as any accrued actions of infringement. Righthaven alleges that Mr. Hill first displayed a copy of this photo on his website on, or about December 1, 2010. Righthaven also admits that the United States Copyright Office only granted the registration on December 8, 2010. However, Mr. Hill’s website was suspended for excessive resource usage on December 7th, 2010, one day before the grant of registration.

The affidavit also demands that Righthaven be made to pay legal fees because they filed the suit with "unclean hands" and are are engaged in "potentially champertous and barratrous relationship with Media News Group"

This Court is presented with a most curious and problematic case. Plaintiff, Righthaven LLC, (“Righthaven”) appears to be what is often referred to as a “copyright troll.” Righthaven is believed to be acting as a proxy plaintiff for reluctant media corporations. On information and belief, Righthaven might even be in a potentially champertous and barratrous relationship with Media News Group, Inc., the parent corporation of the Denver Post, Corp., to serve as a proxy
Plaintiff against Defendant Brian D. Hill, (“Mr. Hill”) - as well as hundreds of other similarly situated persons across the country.

Righthaven has yet to respond to the charges leveled against them in this dismissal petition. It is clear they will have a hard time refuting many if not all of the carefully thought out and maticulously sited court precedences that are contained within this legal document.

The arguments can help other Righthaven victims as well. If Righthaven loses this case it will put their entire operation in jeopardy which has already suffered two devastating court losses over fair use that if upheld will effect every newspaper in the country.

Righthaven surely cannot go on much longer with so many counter claims and court losses. As well as the PR problems and embarrassment their client papers our receiving over cases like Brian Hill's. Only if their backers are willing to lose millions of dollars and risk setting more unfavorable court precedents can Righthaven continue on. Righthaven is a failed experiment by Stephens Media. They should acknowledge this failure by pulling the plug on Righthaven before the courts do it for them.

Denver Post should not be held blameless for this. They sold an image they knew had gone viral for the express purpose of not stopping infringments put to profit from it.

To contact the Denver Post to let them know how you feel about Righthaven and their unholy alliance:

Kevin Dale
News Director
THE DENVER POST
101 W. Colfax, Suite 600
Denver, Co. 80202
O - 303.954.1213
F - 303.954.1090
kdale@denverpost.com

See: Related Las Vegas Sun article

To send a message to all papers associated with Righthaven feel free to put this image on your blogs and sites to send a message that we will not send traffic their way if they continue to sue bloggers who are exercising their fair use rights. I created this image myself and you have my full permission to use it.

Utah Blogger Creates Chart Depicting Timeline and Number of Righthaven Lawsuits

Utah blogger Ken Bingham, who has written several blog posts in expectation that the Salt Lake Tribune will soon align with Righthaven & Company, recently created a chart depicting the timeline and number of lawsuits filed by the copyright trolling group. Bingham noted in an email to us that prior to the "TSA enhanced pat-down" photo -- the spike in January -- the filings were already in decline.

Righthaven Victim Chart: Mar 2010 - Feb 2011

I compiled the data from your site to make this chart showing the number of cases Righthaven has filed since the beginning. It is interesting to note that before they received the copyright to the pat-down photo they were already in decline. The pat-down photo gave them a boost but very short lived. There is a 70% drop in new lawsuits from January where there was a record 34 suits filed and February were there were only 10. It will be interesting to see the March numbers reflecting the decline. I have a feeling Righthaven is having difficulty acquiring new material particularly from the LVRJ and Denver Post. The pressure on them with counter suits and especially the Brian Hill effect has clearly had an impact. - Ken Bingham, Ogden Utah

Please leave all thoughtful analysis in comments.

The Denver Daily News Recaps Current Righthaven Situation

Denver Post Lawsuits Continue

The Denver Post, through its copyright enforcement firm, has filed nearly three dozen lawsuits against small bloggers for using their content, and has settled with mega news aggregation Web site Drudge Report over copyright infringement.
The lawsuits stem from a Denver Post photograph that appeared at DrudgeReport.com and several other smaller Web sites and blogs. The photograph complemented a story in the Denver Post and at DenverPost.com around the holiday travel time about intensified TSA security screenings at Denver International Airport...

See: Article in full

Righthavenlawsuits.com reports that the firm has earned at least $364,000 in settlements thus far.

Price Increase: Righthaven Now Asking Bloggers for $6,000 to Avoid Trial

Brian Hill: Hobby Blogger Sued by MediaNews & Righthaven...
According to blogger and activist Brian D. Hill, copyright trolling group Righthaven LLC recently demanded $6,000 for an out-of-court settlement. In 2010, the price was reported to be between $2,000 to $3,000 and $3,000 to $5,000. The price increase, particularly for individual bloggers, is significant at a time when many believe the U.S. economy is being sucked into a black hole. It's unknown how much Righthaven is asking of larger entities, such as Care2.com, Inc.

According to Hill, a Righthaven representative responded by telling me "that if I paid them $6,000 in an out-of-court settlement, it wouldn't go to trial."
Unfortunately for Hill, he has neither the $6,000 nor enough money to travel to Colorado for a hearing. He received a summons last week that gives him 21 days to respond -- "so me and my mom sent a letter to the judge to try to get him to dismiss the case." And if he doesn't? "Then the only way we can afford to go to Colorado is to countersue Righthaven and have them pay the filing fee."

See: Article in full

Brian Hill is the author of U.S.W.G.O., an alternative news website, and a video podcaster.

Salt Lake Blogger Launches Preemptive Strike Against the Righthaven + Tribune Alliance

Salt Lake Tribune Aligns With Copyright Troll Righthaven
On Saturday, blogger Ken wrote a very informative post on OneUtah.org regarding copyright troll Righthaven and the anticipated relationship between the firm and The Salt Lake Tribune newspaper. Ken also created a graphic for bloggers, message board operators and website owners who wish to make a statement opposing Righthaven's 'shakedown' tactics.

...What gives this story a local angle is the fact that the Salt Lake Tribune’s parent company News Media Group have signed on with Righthaven. Articles and images from the Denver Post are now subjects of Righthaven Lawsuits and signs are very strong that the Salt Lake Tribune will be following in the Denver Post’s footsteps. Only a few weeks before the first Denver Post lawsuit they issued a warning very similar in wording and tone to the one recently issued by the Salt Lake Tribune. Salt Lake City Weekly published an article recently warning Utah bloggers and website owners of possible lawsuits coming soon for articles and images posted on Utah websites...

See: Article in full

EFF Calls on IP Attorneys: Help EFF Defend Against Righthaven Trolls

Help EFF Defend Against Righthaven Trolls

The copyright troll Righthaven has brought over 190 cases—and counting—against bloggers, online journalists and others since March of this year. While EFF has taken on two of these cases directly (Democratic Underground and DiBiase) we have also been attempting to help those sued to secure counsel. If the tactics of these trolls trouble you and you are a member of the bar with experience in copyright litigation, these defendants need your help.
--snip--
The pace at which EFF is hearing from Righthaven defendants is increasing, and we and our cooperating attorneys are presently working at capacity. We need more attorneys versed in copyright issues to whom we can refer people who need pro bono help defending themselves from Righthaven. EFF has already briefed several of these issues in the cases we're handling and those resources are available to counsel. Almost all of the cases are filed in the District of Nevada and we do have good links to possible local counsel.

See: Article in full | Contact rsreagan --at-- eff.org

If you are not an IP attorney, please make a donation to the EFF. They are defending your digital rights!

Righthaven Sues Drudge Report Owner, Matt Drudge

Drudge Report Owner Sued by Righthaven

Las Vegas copyright enforcement company Righthaven LLC on Wednesday filed its second copyright infringement lawsuit over Denver Post material, this time suing a big target: Drudge Report operator Matt Drudge.
The suit, filed in U.S. District Court for Nevada, charges a Nov. 18 Denver Post "illustration" called "Transportation Security Administration agents perform enhanced pat-downs" was posted without authorization the same day on the Drudge Report website as well as the drudgereportarchives.com site.
A court exhibit, however, indicates the illustration is actually a Denver Post photograph of a TSA officer patting down a passenger at Denver International Airport.

Read: Article in full

See more on Fox News, The Register, Politico, Colorado Independent, Wired and Westword.

Still no mention on the HuffingtonPost, whose Wikipedia page compares it to the Drudge Report. The Post has been given a number of "Best Blog" awards. Despite this, bloggers being sued by Righthaven and the threat Righthaven poses to all bloggers has been rejected by the Post as "unimportant." The Post also covers Denver, but remained silent on the recent Denver Post + Righthaven marriage.

EFF: Democratic Underground Responds to Righthaven Copyright Troll Lawsuit

Democratic Underground Responds to Righthaven Copyright Troll Lawsuit

EFF - Righthaven is attempting to make a business out of suing Internet websites for copyright infringement. It has filed 180 copyright actions so far —without ever first asking that a work be removed from the target website—in each case alleging “willful infringement” and attempting to extract settlements by threats of statutory damages (up to $150,000), attorneys’ fees and seizure of the domain name.
Democratic Underground -- represented by the Electronic Frontier Foundation (EFF), Fenwick & West LLP, and attorney Chad Bowers -- was sued by Righthaven on August 10 for a five-sentence excerpt of a Las Vegas Review-Journal news story that a user posted on the forum, with a link back to the Review-Journal website.

Read: Article in full | Read: Response

Alert: MediaNews Group Signs on with Righthaven Copyright Trolling Scam

The Righthaven Block List Grows to 178 Newspaper URLS.

The Las Vegas Sun reports that Righthaven LLC is now doing business with MediaNews Group, whose properties include the Denver Post, the San Bernardino Sun, the San Jose Mercury News, the Detroit News, the Salt Lake Tribune and more.

Righthaven Now Working with Media News, Sues Over Denver Post Column

An attorney for Righthaven filed the suit Thursday in federal court in Charleston, S.C. This appears to be the first lawsuit Righthaven has filed in a federal court outside of Nevada, where since March it has filed 179 copyright infringement lawsuits.
Thursday’s suit would seem to raise the stakes in Righthaven’s litigation campaign as it now involves Media News, which calls itself the nation’s second-largest media company, with major newspaper operations in Colorado, Northern and Southern California, Salt Lake City, El Paso, Minneapolis/St. Paul, Detroit and elsewhere.

Read: Article in Full

It was reported in January 2010 that Affiliated Media Inc., the holding company for MediaNews Group Inc. newspapers, filed for Chapter 11 bankruptcy protection.