Nonprofit Asks Appeals Court to Dismiss Case; No News from State Bar; More Updates

Last week, VEGAS INC reported the following notable updates in the Righthaven saga:

• The Center for Intercultural Organizing (CIO), an Oregon-based nonprofit, asked the 9th Circuit Court of Appeals to dismiss its case given that Righthaven has been stripped of its copyrights and can no longer participate. The case involves the nonprofit reposting an entire R-J story to its website.
• The State Bar of Nevada continues to work on an inquiry concerning grievances filed by unidentified parties against Righthaven's bluetooth headset sporting CEO Steven Gibson and two other attorneys that formerly worked for his copyright trolling operation. The grievances were opened in January.
• Stevens Media LLC and Righthaven defendant Democratic Underground settled a motion requesting that Stevens Media pay $774,000 in attorney's fees to the Democratic Underground's attorneys. The settlement was disclosed May 25, but its terms have not been revealed.

See: VEGAS INC article in full

Righthaven's Implosion Makes List of Top 5 Internet Law Developments in 2011

Top Internet Law Developments of 2011

By Eric Goldman
Countdown: My Top 5 List of Developments in 2011
#5: Righthaven Implodes. Since the beginning, I've been skeptical of Righthaven's business model. Seriously, who else thinks it's a good idea to sue small-time mom-and-pop bloggers and non-profits on a one-by-one basis? However, even I had no idea that Righthaven would accelerate their own demise by routinely making basic litigation errors. A sketchy business model + a litigation shop that isn't very good at litigation = one dead start-up. It's always fun (in a bloodsporty way) to watch hubristic bullies get their just desserts, but watching the Randazza firm school the Righthaven litigators in Litigation 101 has been amazing. THAT'S how you litigate.

See: Blog Post in full

Also, Gibson & Company have until January 31st to respond to State Bar grievance issues.

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.