Righthaven Uses Patent Law Analogy in Recent Filing Signed by Dale Cendali

Righthaven Now Likening Itself to Patent Enforcers

As for Righthaven likening its business model to “nonpracticing entities” in the patent field, one Righthaven observer was skeptical Friday.
“The invocation of patent law as a guide for a copyright case struck me as a little desperate. While courts sometime cross-pollinate between the two doctrines, the copyright statute has very specific requirements for standing to sue as well as a 9th Circuit (Court of Appeals) case directly on point. Righthaven reached for patent law analogies because the more directly applicable law wasn’t favorable,” said Associate professor Eric Goldman of the Santa Clara University School of Law in California and director of its High Tech Law Institute.

See: Article in full

The VEGAS INC article also discusses the extensive answer and counterclaim filed by attorneys representing Dana Eiser and the appearance of Steve Gibson on "Face to Face with Jon Ralston."

VEGAS INC Offers Additional Insights About Lawsuit Filed by Eiser's Legal Team

Tea Party Group Sues Righthaven, Denver Post Over Copyright Litigation Campaign

The Denver Post has been sued for the first time by one of the Righthaven copyright lawsuit defendants.
Attorneys for Dana Eiser, a blogger in Summerville, S.C., and her Tea Party movement group Lowcountry 9/12 sued the Post, its owner MediaNews Group Inc., Righthaven and others Monday in the Court of Common Pleas, a state court in South Carolina. Among other things, the lawsuit alleges barratry, or the improper incitement and prosecution of lawsuits, and unfair trade practices on the part of MediaNews Group and Righthaven.

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Journalist Steve Green also points out that this lawsuit is on top of a counterclaim they have already filed against Righthaven in the federal copyright suit.

It's Gotta Hurt: Motion for Attorney Edward Fenno to Withdraw from Dana Eiser Case

Journalist Steve Green of the Las Vegas Sun (and sister newspaper VEGAS INC) recently reported that "Righthaven may need to find a new local attorney in South Carolina" in its case against Dana Eiser of Summerville. In December, Eiser posted a Denver Post column, "A Letter to the Tea Partyers," to her nonprofit advocacy website. Attorney Edward Fenno filed court papers May 17 saying he’s withdrawing from the case for undisclosed reasons. A judge has yet to rule on Fenno's motion.

Righthaven LLC v. Dana Eiser
MOTION FOR WITHDRAWAL OF APPEARANCE AND TO STAY PROCEEDINGS
Movant, Edward T. Fenno (“Counsel”), respectfully moves for withdrawal of his appearance as counsel for Plaintiff / Counter-Defendant Righthaven LLC (“Righthaven”) in the above-referenced matter, and to stay proceedings in this matter for fourteen (14) days to allow Righthaven opportunity to obtain substitute counsel. In support thereof, Counsel states the following:
1. Counsel’s withdrawal is permissible under the South Carolina Rules of Professional Conduct pursuant to Rule 1.16(b)(1) (“withdrawal can be accomplished without material adverse effect on the interests of the client”); Rule 1.16(b)(5) (“the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services or payment therefore and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled”); Rule 1.16(b)(6) (“the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client”); and/or Rule 1.16(b)(7) (“other good cause for withdrawal exists”).

See: Motion in full

Related articles:
Counterclaims Stack Up Against Righthaven; Latest Asserts Malicious Prosecution Claim
Eiser's Attorneys Reject Demand; Offer Righthaven Chance to Settle by Paying $250,000
Eiser Team Releases More Correspondence; Righthaven Drops Domain Seizure Demand

Eiser Team Releases More Correspondence; Righthaven Drops Domain Seizure Demand

Righthaven Defendant Cites Lies, Releases Correspondence

In a letter from Fenno to one of Eiser's attorneys, J. Todd Kincannon, Fenno asked what grounds Eiser may sue Fenno for and said there was no basis for abuse of process, malicious prosecution or defamation claims.
"If you are considering filing suit against my firm or me, I request that you set forth the grounds in a letter to my attention (or even in a draft complaint for me to review) and give us a chance to explain our side of the facts and law before you actually proceed with filing a suit," Fenno wrote.
That drew a heated response from Kincannon, who wrote back: "Did you give my client that opportunity? Did you send Dana Eiser a list of things you were planning to sue her for prior to filing?"
"You should be embarrassed to ask for a courtesy you didn’t show my client prior to suing her...

See: Article in full

Counterclaims Stack Up Against Righthaven; Latest Asserts Malicious Prosecution Claim

Copyright Lawsuit Defendant Hits Righthaven with Counterclaim

The South Carolina attorneys filed a counterclaim Friday in Charleston, S.C., federal court against Righthaven that, among other things, accuses Righthaven of violating South Carolina’s Unfair Trade Practices Act when it sued Dana Eiser of Summerville, S.C., after a Denver Post column was posted on her nonprofit website.
--snip--
The counterclaim says: “Defendant hereby serves notice of an intention to move for sanctions for frivolous and improper behavior under (the Federal Rules of Civil Procedure) and to assert a malicious prosecution claim upon the termination of these proceedings in her favor.”

Other Righthaven news:

• Daniel Barham of Montreal and an entity called Urban Neighbourhood, both associated with the nonprofit website urbanneighbourhood.com, also filed a counterclaim against Righthaven.
• Former Righthaven defendant Nathan Muller is offering his services as an Internet expert to help people facing copyright infringement claims. His related website is located at: thewebdefender.com.

See: Article in full