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.
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.
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.
