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

Showing posts with label Denise Nichols. Show all posts
Showing posts with label Denise Nichols. Show all posts

Thursday, September 8, 2011

Blogger Ken: MediaNews Group Will Not Renew Contract with Copyright Troll Righthaven

UPDATE 09/08/11: VEGAS INC has published an important update to the MediaNews Group announcement (See: Denver Post owner not renewing Righthaven contract after PR debacles). The article discusses the numerous PR blunders that likely led MediaNews to its decision, including "headaches" caused by defendants Brian Hill, Dana Eiser, Denise Nichols and Reporters Without Borders. The now broken relationship may have legal implications for 34 open Righthaven cases.

MediaNews Group Will Not Renew Contract with Righthaven
The Denver Post is reporting that MediaNews Group, its parent company along with the Salt Lake Tribune, will not be renewing their contract with the controversial drive-by litigation group Righthaven. According to the report MediaNews Group stopped working with them "some time ago."
--snip--
MediaNews Group’s relationship with Righthaven dealt almost exclusively with one image that of the TSA agent performing a patdown that became a symbol of the "Don’t touch my junk" movement. This image had gone viral because of the national debate over the enhanced pat-downs and both MediaNews Group and Righthaven thought they had a potential goldmine. They began suing bloggers by the scores including Matt Drudge of the Drudge Report. In the beginning most settled including Drudge until Righthaven made the fatal tactical mistake of suing a mildly autistic blogger from North Carolina.
See: Related blog post in full

The news comes just after opponents appealed again to a Colorado judge to end Righthaven lawsuits over Denver Post material. See related news article: Foes seek decisive ruling against Righthaven.

Wednesday, July 13, 2011

Righthaven Wrangles Over Legal Fees; Hit with New Charges, 'Just a Gang of Con Artists'

UPDATE 07/13/11: TechDirt reports that judge Navarro wasted little time in responding to the situation. In a decision dated July 12, she ordered Righthaven to pay the full fee award by July 25.

New developments occurred this week in the ongoing dispute of attorney's fees in the case against former defendant Michael Leon. On July 5, U.S. District Judge Gloria Navarro's ordered Righthaven to pay attorney Malcolm DeVoy and Randazza Legal Group $3,815 for representing Leon on a pro bono basis. Righthaven allegedly balked at the order, so on Saturday the Randazza firm asked for an injunction against Righthaven, freezing $3,815 of its assets to ensure payment. On Tuesday, Righthaven responded by asking Navarro to temporarily stay judgment of the fee award.

Details of the argument, as reported by VEGAS INC, include that Righthaven is refusing to pay based on the belief that any fee award would go to a non-profit legal group not to opposing council. "Had this fact been made clear, Righthaven would have unquestionably dismissed its claims against Leon with prejudice," they argued. Except that Righthaven did not agree to this and only agreed to dismiss Leon's case without prejudice. Later the same day, the Randazza group filed a brief opposing Righthaven's motion to stay the fee award. See parts of this brief below:
The Firm is well aware of the fact that scores of poor defendants in Righthaven cases have been bullied into making payments to Righthaven, despite the clear indications that the cases had no legally supportable foundation. If Righthaven can simply frustrate pro bono counsel’s efforts to collect fees, there will be less of an incentive for experienced counsel to get involved in these kinds of cases.  For example, while the Electronic Frontier Foundation (“EFF”) is a non-profit entity with a noble mission to protect civil liberties on the Internet, it likely would have found it frustrating to secure co-counsel if there was a certainty that there would be no possible fee award, and no possibility of collecting that award...
--snip--
The undersigned made numerous offers to Righthaven to resolve the attorney’s fee issue at the then much lower costs of the fees by donating them to non-profit entities such as the EFF or the Citizen Media Law Project, which Righthaven rebuffed. The Firm’s interest in rewarding non-profit organizations is evident from the Firm’s Reply briefing in the fee motion dispute. Righthaven cannot now complain that it would have made a different decision, had it only known that a firm, which took this case for public interest purposes, would be the recipient of a fee award rather than a non-profit entity. Not only should it make no difference where the fee award is paid, Righthaven’s “would have, could have, should have,” arguments are not in line with the facts...
--snip--
Finally, it is not as though the relief sought is in any way extreme. All the Firm has sought is the maintenance of the status quo – that Righthaven should not be able to disgorge any of its assets, such as they are, until it pays the lawfully entered fee award. This injunctive relief is so soft in nature that it is shocking that Righthaven would even oppose it – unless it has some design or scheme up its sleeve to do exactly what the undersigned suspects. Righthaven’s stated reason for the stay is to ensure that “potential appealable issues related to the July 5th Order are properly evaluated and, if sufficient grounds exist, allow of adequate time to post any security required for appeal.” A stay would change nothing; the Firm has already met the requirements for a preliminary injunction.
See: Opposition to Temporary Stay of Fees Award

The same VEGAS INC article also addresses the Denise Nichols case, who was not awarded attorney's fees by Navarro on Monday. Former defendant Leon, a friend of Nichols, expressed disappointment, but predicted that "Righthaven will get their comeuppance before the end of this calendar year." Lastly, attorneys for Dana Eiser, who are now litigating against Righthaven in four U.S. courts, filed a new motion Monday. Attorney Todd Kincannon wrote in the filing, "The lies worked for a while, but now the jig is up," and "Righthaven is just a gang of con artists, and bad ones at that."

See: Eiser's Amended Response to Righthaven's Motion to Dismiss
See: Related VEGAS INC article

Saturday, June 4, 2011

VEGAS INC Reports on Waiting Game; Updates on Numerous Righthaven Lawsuits

Judges Still Weighing Key Righthaven Cases
U.S. District Judge James Mahan in Las Vegas on Friday canceled a hearing set for Monday on the issue and rescheduled it for June 30. That will accommodate the schedules of the attorneys and provide time for more briefs to be filed in the case involving the Pahrump Life blog – a case in which Mahan has said it appears Righthaven doesn’t have standing to sue over a story that appeared in the Review-Journal.
--snip--
In this case, against Leland Wolf and the It Makes Sense Blog, the lone Colorado judge handling the Righthaven cases, Senior U.S. District Judge John L. Kane, is expected to decide if Righthaven has standing to sue under its lawsuit contract with the Post and its owner MediaNews Group.
(Righthaven has agreed to provide the MediaNews Group contract)
See: Article in full

Case updates include: Pahrump Life, Leland Wolf, Dana Eiser, Michael Leon, Denise Nichols, Brian Hill, Thomas DiBiase, Wayne Hoehn, Dean Mostofi, Pak.org, Bill Hyatt and The Law Med Blog.

From The Law Med Blog:
The Law Med Blog can state without hesitation that should the lawsuit filed be served, Law Med will NOT enter into a settlement but will file an answer and any motions, counterclaims, etc. that are warranted and avail itself of all legal avenues and remedies in its defense. We will not simply soil ourselves and take out our checkbook because a ‘big scary lawsuit’ has been filed. We are fortunate to have the knowledge and resources that allow us to see this for what it is and exert our rights under the law to successfully defend against it. The outrage is that other defendants do not…and Righthaven counts on that fact when targeting them.
Kudos to The Law Med Blog!

Monday, May 23, 2011

Many Denver Residents Remain 'In the Dark' About the Post's Involvement with Righthaven

Unlike the situation with the Las Vegas Review-Journal, whose competitor, the Las Vegas Sun, has been keeping local residents aware of the Review-Journal's role in Righthaven's "sue without warning" lawsuits, the situation in Denver is quite different. The Denver Post has no local large competitor (it shut down in 2009). So if one only reads the Post and neglects free area newspapers, like Westword or the Denver Daily News, one might not know the role the Post is playing in these lawsuits.
The Denver Post barely covers Righthaven copyright lawsuits. The Las Vegas Review-Journal was similarly tight-lipped.
I recently emailed a Denver friend, who practices law in a different area than Intellectual Property. I asked him to, "Keep your ears open about the class-action suit being brought by Brownstein Hyatt Farber Schreck LLP." He replied back, "Will do....but since the Denver Post won't cover the story, and the main news radio station, KOA 850 AM, is a 'partner' with the Denver Post, they probably won't report on the story either...so I really wonder if the local media will talk about it at all!"

I then searched for the Denver Post's mission statement, but came up empty handed. When searching "About" and "Denver Post," I found their Media Kit, which lacks a mission statement too. This contrasts greatly to what I found after switching gears to the Las Vegas Sun's website. At the bottom of each page is a link: Learn more about the LasVegasSun.com. "Fighting for the little guy" is the first part of the Sun's mission statement. Having not seen this page before, I was moved to tears.

Lights Out for Denverites

The Post's backing of Righthaven lawsuits in conjunction with an absent local competing newspaper is deeply disconcerting. Too many Denverites do not know about the frame-up jobs on defendants Brian Hill, Dana Eiser, Denise Nicols and many others, whose use of the Post's material clearly falls under Fair Use. If I were a Denver Post employee, I would be ashamed, and perhaps some of them are. Then again, we are talking about a company that is "missionless," by their own editorial choice.

"Righthaven" search results for the Denver Post
"Righthaven" search results for the Review-Journal

Thursday, May 19, 2011

Follow Up: Veteran Nurse Seeks Attorney's Fees from Righthaven

The MAL Contends blog, written by veteran's advocate Michael Leon, reports a follow up about the copyright infringement case against veteran nurse Denise Nichols, yet another Righthaven victim (along with Leon) eligible to seek attorney's fees after her case was dismissed (or rather terminated in the case of Nichols). Also mentioned in the post is a potential Rule 11 Violation filing against Las Vegas attorney Shawn Mangano who continues to represent Righthaven in court proceedings.
"Righthaven and Attorney Mangano admitted in Court they made a mistake in serving on the me a complaint that fails to even mention my name. So, I should pay for their mistake? No. They should pay full attorneys' fees and costs, and that's giving these people a break," said Denise Nichols. "What should happen is Shawn Mangano should be slapped with a Rule 11 violation that sanctions lawyers for misrepresenting facts in federal Court. How can it be reasonable and diligent for attorney Mangano to file with the Court a complaint he has admitted was a mistake? Mangano needs to be stopped."
See: Article in full

For readers who do not know or have forgotten where the vitriolic nature of these lawsuits stem, writer Joel Hurska of HotHardware.com brought it back recently by resurrecting the September 2010 writings of Las Vegas Review-Journal columnist Vin Suprymowicz. Recall that when Suprymowicz wrote, "They should have their goddamned hands cut off and nailed to the wall of City Hall," he was referring to his own fan club -- his trusted followers -- and those among the first batch of persons sued.

Friday, May 6, 2011

Veteran Nurse Continues to Battle with Righthaven

Mal Contends Blog: Veteran Nurse to Righthaven: Your Screw-up, Not Mine
Updated: Righthaven Internet troll serves complaint that fails to mention defendant, now says defendant fails to negotiate in good faith in dismissal talks
In a bizarre turn of events, Righthaven LLC is now requesting a dismissal with prejudice of its own complaint in order to avoid paying the attorneys' fees of Denise Nichols, a retired Air Force nurse who served in the Vietnam War era and the first Gulf War.
See: Article in full

Friday, April 29, 2011

Veteran's Advocate Pushes to Alter Language in Dismissal; Updates on Numerous Cases

Veterans Advocate Not Satisfied With Offer to Drop Copyright Lawsuit
Righthaven LLC/Denver Post lawsuit defendant Denise Nichols remains unhappy — despite efforts by Righthaven to dismiss its lawsuit against her.
Nichols, a retired Air Force nurse, served in the Vietnam era and in combat in the first Gulf War.
As an advocate for veterans who works to provide them information, she ran into trouble with Righthaven for allegedly posting a Denver Post column of interest to veterans to the website veteranstoday.com.
See: Article in full

Updates on defendants Todd Taliaferro of Fort Lauderdale, David Rozzell of Katy, Texas, William Sumner of Dailykix.com, Virginia Citizens Defense League and Dean Mostofi.

Wednesday, April 27, 2011

New Approach by Righthaven Defendant; Updates on Additional Defendants

Commentary: Righthaven Defendant Tries a Fresh Approach
Having seen our fair share of those wordy legal briefs, and Righthaven’s lengthy rebuttals, we were surprised to see the refreshing approach Righthaven defendant Rod Brooks is taking.
Brooks is a 911 emergency dispatcher and communications trainer in Victoria, British Columbia.
He was sued in September over allegations a Review-Journal story about the 911 call related to the police shooting of Erik Scott was posted on his website iama911operator.org.
See: Article in full

Other Righthaven defendants mentioned in the article include: Pam Spaulding, who says the lawsuit effectively bankrupted her website, Pam's House Blend; Tripso Inc. and Charles Leocha of consumertraveler.com; Denise Nichols; Michael Leon and Vietnam veteran Wayne Hoehn.

Monday, April 25, 2011

Veterans Come Together to Oppose Righthaven - MAL Contends Blog

Righthaven victim Denise Nichols has posted an entry to the MAL Contends blog. Nichols was recently mentioned in a post regarding Michael Leon. It appears that her case too has been dismissed. She also points out yet another military veteran, Wayne Hoehn, who is being sued by Righthaven. Nichols urges veterans to come together to help put an end to these lawsuits.

Veterans Come Together to Oppose Righthaven
My purpose in part in writing this is to say ‘ thank you’ to all, and single out another defendant, another veteran who is a victim of Righthaven, Wayne Hoehn, who out of a sense of duty that Righthaven will never comprehend contacted from out of the blue and supported me in my defense.
--snip--
In Wayne’s case, Righthaven LLC v. Hoehn, Righthaven attacks another veteran, a highly decorated Vietnam veteran.
What is it about veterans—Larry Scott, POW Network, Veterans Today, Wayne Hoehn and who knows who else...
See: Article in full

Righthaven Victims website urges veterans to contact the MAL Contends website operator to learn more.

Wednesday, April 20, 2011

Case Against Michael Leon Dismissed Without Prejudice

Righthaven Case Against MAL Dismissed
Thanks to the work of an array of brilliant attorneys and friends, [hat tip to J. Malcolm DeVoy of Randazza Legal Group], Righthaven's case against me was dismissed (without prejudice) this morning by the Honorable Judge Gloria M. Navarro, United States District Court for the District of Nevada.
--snip--
The status of litigation against my co-defendant, Denise Nichols, a Vietnam-era, Gulf War veteran, and a retired U.S. Air Force flight nurse—who spends her time when not fighting off ailments sustained in the '91 Gulf War—helping other veterans is not yet clear...
See: Article in full | See: Related Vegas Inc article

The copyright infringement lawsuit against Michael Leon and co-defendant Denise Nicoles, a Gulf War Veteran and a retired U.S. Air Force flight nurse, was filed in September 2010. The case against Leon was dismissed because he was not served on time. The was also true in the lawsuit against Michael Nystrom, whose case was dismissed in March.

As mentioned in Leon's post, the strain upon Denise has taken a heavy toll. His MAL Contends website is accepting legal and financial assistance to help Denise. A congratulations though, is still due: Congratulations! Your case is also the first to be dismissed since critical information was unsealed last week by Chief U.S. District Judge Roger Hunt.