9th U.S. Circuit Court of Appeals Dismisses Righthaven Case That Won Key Fair Use Ruling

Court Tosses Righthaven Fair Use Appeal

The dismissal was requested by the nonprofit Center for Intercultural Organizing (CIO) in Portland, Ore., which won a key fair-use ruling last year against Righthaven.
The dismissal was granted Wednesday by the 9th U.S. Circuit Court of Appeals in San Francisco, which cited case law that appeared to back arguments by the CIO that Righthaven could no longer participate in the case since creditors had seized the copyrights it sues over. In layman’s terms, the CIO argued Righthaven no longer had a dog in the fight so the fight was over.

Recall that back in January, Google filed a friend of the court brief in this 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: VEGAS INC article in full

New Convoluted Legal Situation Involving Righthaven Intensifies; Awaiting On Courts

In yet another "convoluted legal situation involving the Las Vegas-based copyright lawsuit filer," writes VEGAS INC, the struggle of who really controls Righthaven LLC lurches forward. After the court-appointed receiver, attorney Lara Pearson, moved to fire CEO Steve Gibson last week as well as ordering attorney Erik Syverson to stop acting on behalf of the "original" Righthaven, Syverson filed documents with the 9th U.S. Circuit Court of Appeals on Thursday on behalf of the entity anyway.

According to the same news article, Syverson will stand by, awaiting guidance from the court on how to proceed. Whether Judge Phillip Pro (who approved the receivership) or the 9th Circuit will resolve this new complicated situation involving Righthaven and Steve Gibson is unclear. What's at stake in this appeals case is if Righthaven had standing to sue Wayne Hoehn, who posted a Las Vegas Review-Journal editorial in full on a message board, and if Hoehn's posting was protected by fair use.

After Firing Steve Gibson, Receiver Gains Representation by First Amendment Attorney

News about Righthaven continues to pick up. It began at the start of the week when the court-appointed receiver, Lara Pearson, fired CEO Steve Gibson and his wife, formerly the COO, Raisha “Drizzle” Gibson after learning that Gibson had engaged an attorney to write a 30-page reply brief (6-months after it was due) for Righthaven v. Hoehn. That case is currently under review by the Ninth Circuit Court of Appeals. Righthaven had virtually ceased functioning by the end of September 2011, and by the time Pearson was appointed in December, Righthaven was immersed in debt.

See: Receiver’s Report to Court: Termination of Steve Gibson

In Monday's court filing, Pearson also attached a letter she sent to Gibson that stated Pearson "will be taking legal action against you for your ultra vires acts as well as for claims of legal malpractice, which led the company to its current state." On Friday, it was announced that First Amendment attorney Allen Lichtenstein, a private attorney and general counsel for the American Civil Liberties Union of Nevada, signed on in the capacity as a private attorney to represent the receiver in an effort to put an end to Gibson pursing its appeals. This is not Lichtenstein's first interaction with Righthaven.

See: VEGAS INC article in full

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

Righthaven Copyright Auction Re-Launched Today; Scant Interest in First Auction

UPDATE 05/07/12: Apparently, there were no bidders in the second eBay auction either. The latest auction ended Saturday. In an article published Monday by VEGAS INC, attorney Marc Randazza, whose firm is trying to recover legal fees after defeating a Righthaven lawsuit on behalf of a client, said: "It would seem that everything that Righthaven and its parade of idiots touch turns to garbage."

05/03/12:
It seems when (and if) they start to auction off the real "memorable" items, such as the RJ story of the bird sanctuary catching fire, there might be more interest in these auctions. The May 2nd VEGAS INC article, Scant interest so far in acution of Righthaven copyrights, goes into more details.

Righthaven copyright auctions to re-launch today 
Incline Village, NV, USA – May 03, 2012
Seventeen Righthaven copyrights are being auctioned off on eBay starting 8:00 a.m. PDT today and ending at approximately 8:00 p.m. PDT on Saturday May 5, 2012. This is the third auction of Righthaven property to satisfy court judgments against the Las Vegas company. The RIGHTHAVEN service mark was sold for $1025.00 in an auction that closed this morning. The auctions are being conducted by the court-appointed receiver for Righthaven, Lara Pearson, Esq., operating under the eBay seller name courtappointedreceiver. The auction listings are as follows:

• Ebony Princess #3
• Browns Damn right I'm backing Cleveland 11-14-10
• UTAH The pointspread took a big plunge on Tuesday 12-22-10
• Ebony Amateurs Vegas Edition #10
• Rockets 11-10-10
• OREGON Let's go over some undisputed facts. 01-10-11
• Ravens If you haven't heard it by now 11-11-10
• Analysis Thank Ohio University for this play 11-17-10
• Over the total Michigan is going to score points 11-13-10
• Hawks 11-10-10
• Tonight's top play 01-15-11
• Temple How can a team 11-16-10
• Ravens These two very good teams meet 11-11-10
• ROCKETS (plus the points and money-line) 7-0 That's the Rockets'...
• Suns Absolutely ridiculous pointspread 11-17-10
• TENNESSEE How do you lay points 01-05-11
• RAVENS 80-116. You know what that is? 01-09-11

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's Slow Motion Implosion Continues; 'Superstar' Litigator Withdraws from Cases

Top Copyright Litigator Withdraws from Righthaven Cases

Dale Cendali, one of the top U.S. copyright attorneys, made it clear Wednesday that she’s no longer representing struggling copyright enforcement company Righthaven LLC of Las Vegas ... Cendali, who signed on to represent Righthaven in a couple of cases last year as it struggled to beat back challenges to its lawsuits, hasn’t been heard from in months in relation to Righthaven.

News about "superstar" litigator Dale Cendali is a longtime in the coming. No one understood as far back as September 2011 how Righthaven could pay 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." There's still no word on Righthaven's other outside attorney, Shawn Mangano, -- withdrawing or otherwise -- who has been absent for weeks.

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.

Movement on the Righthaven.com Domain; Redacted Letter to Former Senator Dodd Posted

UPDATE: VEGAS INC reports that Boing Boing has identified the domain buyer as Stefan Thalberg of Zug, Switzerland. Thalberg has yet to issue a comment. The logo represents a "no jellyfish" symbol.

Blogger Bully Site Yanks MPAA's Chain in Poison-Pen Letter

The new owner of the domain name Righthaven.com, which until recently belonged to a notorious copyright troll, has used his purchase to openly mock the Motion Picture Ass. of America.
The website currently displays a heavily and ironically redacted open letter to MPAA chief Christopher Dodd, and lends support to yesterday's web-wide protest of the US Stop Online Piracy Act.
The SOPA blackout prompted sites including Wikipedia to go dark for a day.

See: The Register article in full

The letter has a logo as well (possibly "no parasites"). We've posted it below.

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)

Nevada State Bar Opens Grievance Files Concerning Gibson and Two Other Attorneys

Three Attorneys Face Righthaven Inquiry by State Bar

The State Bar, which regulates attorneys, has since as early as the Fall of 2010 received complaints from unidentified parties about Righthaven and has been watching Righthaven’s litigation campaign work its way through the courts.
The Bar this week opened grievance files concerning Gibson, an attorney, and former Righthaven attorneys Jodi Donetta Lowry and J. Charles Coons. The attorneys have been asked to respond to the grievance issues by Jan. 31.

See: VEGAS INC article in full

Righthaven's Domain Name Sells for Just $3,300; It is a Bad Economy After All

Domain Name Used by “Copyright Troll” Auctioned Off for $3,300

Righthaven.com, the domain name that once belonged to the scourge of the internet, has sold in a public auction at SnapNames for $3,300.
--snip--
The domain was bid up to $1,850 with 10 days to go, so I’m not sure if the final price is that spectacular. Righthaven owes at least $63,000.

See: Domain Name Wire article in full

The final auction price appears pretty low indeed. Then again, the name has been so "wholly" beaten on, it could hardly be used for a successful commercial venture, certainly not an Internet based one.

If you are the buyer, contact Boing Boing!

How Does the Internet Visually Interpret 'Righthaven'? An Experiment with SHED

This lovely and fun little website was brought to my attention today: Special Holiday Emergency Desk (SHED). What do you think we typed in? According to SHED, which appears to be a combination of Flash and Google Image Search technologies, Righthaven is interpreted by the Internet in the following way: a predictably ugly and malevolent troll. The domain name auction carries on.

Righthaven Faces Contempt Motion; Being Sued by Process Server; End of the Line Looks Grim

Well readers, the year is really winding down for Righthaven & Friends isn't it? A new article from VEGAS INC reveals that Righthaven has been sued by its own process server and that it faces a motion by defense attorneys that it be found in contempt of court for disregarding a court order:

"Righthaven has refused to produce these documents, to discuss their production or to even acknowledge that the court ordered the plaintiff to produce these documents," said the filing by attorneys at Randazza Legal Group of Las Vegas. "All evidence shows that Righthaven has disregarded the court’s order."
"It is impossible to reasonably believe that Righthaven will take any action – and especially one adverse to its interests – unless forced to do so. It is time for Righthaven to be forced," the Randazza filing said.

See: Related VEGAS INC article in full
See: Motion for Contempt (Righthaven v. Wayne Hoehn)

Righthaven's Domain Name Auction is Under Way at SnapNames.com -- Start Bidding Now!

UPDATE 12/28/11: As of very early in the morning Wednesday, the auction price is up to nearly $2,000. Come on folks, don't save your cash for the Bluetooth headset (We have dubs on that item!).

12/26/11
The auction of Righthaven's domain name is currently under way at SnapNames.com (See: Listing). As of Monday 11:35pm CST, the current bid is $1,050. The bidding will continue through January 6th at 2:15 p.m. CST. The sale of Righthaven's domain name hopes to raise money to cover part of the $60,000+ in legal fees owed to Wayne Hoehn after defeating Righthaven in federal court.

Righthaven domain name <righthaven.com>  auction began today
Incline Village, NV, USA – December 26, 2011
The Righthaven Domain Name auction began today (Monday, December 26, 2011) and will end at 3:15 p.m. EST on Friday, January 6, 2012. This is the first auction of Righthaven property to satisfy court judgments against the Las Vegas company. The auction is being conducted online at Snapnames® on behalf of the court-appointed receiver for Righthaven, Lara Pearson, Esq., of Rimon Law Group. The auction is being held at:
www.snapnames.com/store/extended.action?ig=986

Lara Pearson, Esq.
Partner & Chief Sustainability Officer
Rimon, P.C.
PMB 405
774 Mays Blvd., No. 10
Incline Village, NV 89451
(775).833.1600
Receiver --at-- rimonlaw.com

See: Related VEGAS INC article

Righthaven's Domain Name Resolves to GoDaddy; WhoIs Shows New Information

UPDATE: A new article by VEGAS INC helps clarify the the WhoIs information. The Registrant is the court appointed receiver, attorney Lara Pearson of the Rimon Law Group. Pearson hopes to have the domain name up for auction before Christmas. So, what would a buyer do with this domain? 

One outside attorney representing Righthaven, Shawn Mangano, apparently didn't place much stock in his recent "emergency" appeal to the 9th U.S. Circuit Court of Appeals to block the auction of its copyrights. (See: Righthaven.com) The auction of Righthaven's intellectual property grows near.

WhoIs Registrant Information
Registrant:
Rimon, PC
220 Sansome Street
Suite 310
San Francisco, California 94104
United States

Registered through: GoDaddy.com, LLC (http://www.godaddy.com)
Domain Name: RIGHTHAVEN.COM
Created on: 26-Oct-09
Expires on: 26-Oct-16
Last Updated on: 21-Dec-11

Administrative Contact:
C.O. Randazza Legal Group, Rimon, PC jmd@randazza.com
Rimon, PC
220 Sansome Street
Suite 310
San Francisco, California 94104
United States
+1.8009307271 Fax --

Technical Contact:
C.O. Randazza Legal Group, Rimon, PC jmd@randazza.com
Rimon, PC
220 Sansome Street
Suite 310
San Francisco, California 94104
United States
+1.8009307271 Fax --

Righthaven Grasping for Straws in Brief Filed with 9th Circuit Court of Appeals

Righthaven Offers New Argument in Bid to Revive Lawsuit

Copyright lawsuit filer Righthaven LLC of Las Vegas is trotting out a new argument as it seeks to revive one of its lawsuits that was dismissed.
The argument goes like this: Bloggers and message-board posters who misappropriate newspaper content can “profit” from doing so, even if they realize no direct financial gain from their activities.
They can profit without paying any price, Righthaven says, by lifting stories from newspaper websites to enhance their own standing in the online world.

Specifically the brief states: "Reputational benefits conferred as a result of displaying unauthorized content may constitute a form of commercial use or profit under a fair use analysis."

See: VEGAS INC article in full

Victory for Fair Use; Stephens Media Admits Defendant's Use of Material was Fair Use

Righthaven Case Ends in Victory for Fair Use

San Francisco - In a victory for fair use, the publisher of the Las Vegas Review-Journal, Stephens Media, filed papers yesterday conceding that posting a short excerpt of a news article in an online forum is not copyright infringement. The concession will result in entry of a judgment of non-infringement in a long-running copyright troll case that sparked the dismissal of dozens of baseless lawsuits filed by Righthaven LLC.
The case began when the online political forum Democratic Underground -- represented by the Electronic Frontier Foundation (EFF), Fenwick & West LLP, and attorney Chad Bowers -- was sued by Righthaven for a five-sentence excerpt of a Review-Journal news story that a user posted on the forum with a link back to the newspaper's website. Democratic Underground countersued, asking the court to rule that the excerpt did not infringe copyright and is a fair use of the material, and brought Righthaven-backer Stephens Media into the case.

See: Electronic Frontier Foundation's post in full
See: Democratic Underground's motion for summary judgment
See: Stephens Media's consent to the motion

Related articles:
Judge Rules Righthaven Does Not Have Standing to Sue; Threatens Sanctions
Righthaven’s Operating Agreement Revealed by Nevada District Court
Defense: Democratic Underground Fights Back with Help from EFF

Former Defendant Brian Hill Releases Video Explaining How Righthaven Operates

Brian Hill explains how Righthaven LLC works and
how they operate as a proxy to avoid liability

By Brian Hill
This video explains how Righthaven works as a legal and liable proxy to protect Stephens Media and it’s cohorts from any legal liability in any case that a judge rules in favor of defendants. The entire video's conclusion is from Sources such as the court documents from David Kerr for my case, The Las Vegas Sun, and other evidence built up in the courts thanks to the Randazza law firm.

See: Brian's blog post in full

Learn more about Brian's case:
Judge Denies Attorney's Fees to Defendant Who Inspired Many Other Victims to Fight Back
Righthaven Drops Suit Against Brian Hill
Lightening Bolts Fired in Brian Hill's Reply; Alleged Fabricated Press Release is Just One
Reporters Without Borders Sends Letter to Dean Singleton, Publisher of the Denver Post

Attorneys Ask for Public Auction of Righthaven's Assets: Going Once, Going Twice -- SOLD!

Attorneys Seek to Auction Righthaven Copyrights

Attorneys fighting Las Vegas copyright company Righthaven LLC asked for a court order Monday to have Righthaven’s assets auctioned off — notably including the very copyrights Righthaven sues over.
Attorneys at Randazza Legal Group in Las Vegas represent Wayne Hoehn, who was sued for copyright infringement by Righthaven but defeated Righthaven in court when the lawsuit was thrown out.

See: VEGAS INC article in full

Think auctioning off a "variety of assets" including the infamous Bluetooth headset worn by Gibson!