Colorado Judge Dings Righthaven for Another $33,000 in 'Reasonable Attorney's Fees'

U.S. District Judge John Kane ordered Righthaven to pay attorney's fees to defendant Leland Wolf today in the amount of $33,148.35. Bond was set at $50,000. During comments by the court, attorney for Righthaven, Shawn Mangano, was admonished for his "lack of civility." Wolf is represented by Andrew Contiguglia, who was in court today, and Randazza Legal Group. Thus far, the Randazza group has helped round up fee awards for defendants Michael Leon, Wayne Hoehn and Leland Wolf.

See: Judge Kane's order in full

More Maneuvers by Copyright Troll Righthaven to Avoid Paying Court Ordered Legal Fees

Righthaven Asks Appeals Court to Block Dismantling of the Company

Despite its backing by billionaire Arkansas investment banker Warren Stephens, copyright lawsuit filer Righthaven LLC of Las Vegas said Sunday it has been unable to secure a $34,045 bond to guarantee payment of a defendant’s attorney’s fees.
In an "urgent motion" filed Sunday with the 9th U.S. Circuit Court of Appeals in San Francisco, Righthaven asked the court to strike a Nevada judge’s order that it post the bond to ensure attorneys for copyright lawsuit defendant Wayne Hoehn get paid, should Righthaven lose its appeal in the Hoehn case.

See: VEGAS INC article in full

Recent Backdrop

Righthaven LLC recently made several maneuvers concerning Judge Kane's September 27 ruling dismissing all open Colorado Righthaven infringement lawsuits due to lack of standing. Both Friday and Saturday filings by Righthaven show more attempts on their part to avoid paying attorneys' fees to prevailing defendants and to preserve the right to refile lawsuits over Denver Post material. The maneuvers also come four weeks after the Denver Post did not renew its contract with Righthaven.

Since the September 27 ruling, several "pity articles" have been written about Righthaven because "normal" people are starting to feel sorry about the way Righthaven is digging themselves into an abyss. Stop feeling sorry for this copyright troll -- In a heartbeat, Righthaven would refile as many cases as possible. If for some reason an appeals court overturns rulings by judges John Kane, Phillip Pro, Roger Hunt, James Mahan or others, Righthaven will quickly resume their "practices."

Judge Dismisses All Colorado Righthaven Lawsuits; Orders Righthaven to Pay Legal Fees

Judge: Righthaven Lacked Standing, Abused Copyright Act

Righthaven LLC of Las Vegas lacked standing to file copyright infringement lawsuits in Colorado under its lawsuit contract with the Denver Post and abused the Copyright Act in doing so, a federal judge ruled Tuesday.
Senior U.S. District Judge John L. Kane in Denver granted summary judgment for Righthaven lawsuit defendant Leland Wolf and the It Makes Sense Blog against Righthaven.

See: VEGAS INC article in full
See: U.S. District Judge John Kane's ruling in full

The article notes that 23 Colorado cases had closed prior to Judge Kane's ruling. It is likely that Righthaven lacked standing to bring those lawsuits as well, several of which included settlements with big names, such as white supremacist David Duke and website operator Matt Drudge.

Part of Judge Kane's Order:

Righthaven’s only interest in the Work is “the right to proceeds in association with a Recovery.” The Copyright Assignment Agreement defines “Recovery” as “any and all sums . . . arising from an Infringement Action.” Thus, when read together, the Assignment and the Copyright Assignment Agreement reveal that MediaNews Group has assigned to Righthaven the bare right to sue for infringement – no more, no less. Although the assignment of the bare right to sue is permissible, it is ineffectual. Standing alone, “[t]he right to sue for an accrued claim for infringement is not an exclusive right under § 106.” Silvers, 402 F.3d at 884. Furthermore, neither the Assignment nor the Copyright Assignment Agreement provide Righthaven any beneficial interest in the dissemination of the Work. Accordingly, Righthaven is neither a “legal owner” or a “beneficial owner” for purposes of § 501(b), and it lacks standing to institute an action for copyright infringement.
CONCLUSION
It is apparent from the terms of the Assignment and the Copyright Assignment Agreement that Righthaven lacks standing to institute an action for copyright infringement. Because the jurisdictional issues raised in the Motion to Dismiss are intertwined with the merits of the case, I convert Mr. Wolf’s Rule 12(b)(1) motion to a Rule 56 motion and GRANT him SUMMARY JUDGMENT. Furthermore, in light of the need to discourage the abuse of the statutory remedies for copyright infringement, I exercise my discretion under Section 505 of the Copyright Act and ORDER that Righthaven shall reimburse Mr. Wolf’s full costs in defending this action, including reasonable attorney fees.

Defendant Leland Wolf is represented by Randazza Legal Group. (Huge kudos to both!)

Judge Denies Attorney's Fees to Defendant Who Inspired Many Other Victims to Fight Back

Earlier today, U.S. District Judge John Kane denied a motion by defendant Brian Hill’s attorneys that Righthaven be required to pay his legal fees. Brian Hill, who suffers from autism and other disabilities, captured the attention of the New York Times, Reporters Without Borders and many other groups and individuals for refusing to cave into Righthaven's intimidation tactics. After the ruling, Brian Hill's attorney David Kerr told VEGAS INC that he was disappointed in the ruling but that he respected it.

"I think Brian deserves to be recognized for being the first Colorado defendant to really refuse to give into Righthaven’s heavy-handed tactics and stand up and fight. I certainly do think there is a correlation between Brian’s case and the MediaNews Group’s decision not to continue their relationship with Righthaven," Kerr said.
MediaNews Group, owner of the Denver Post, disclosed this week it’s not renewing its copyright protection contract with Righthaven. The decision came after several public relations debacles, most notably about the Hill case.

See: Related VEGAS INC article
See: Judge Kane's ruling in full
See: Brian Hill's website (uswgo.com)
See: Brian Hill's Scribd collection

Standing in Colorado Lawsuits Heats Up; Righthaven Accused of Being a 'Liar'

Righthaven’s Standing to File Copyright Suits Challenged

“MediaNews Group (owner of the Denver Post) did not transfer any rights (to news content) to Righthaven, and thus Righthaven has no basis to sue for infringement,” their filing said. “It would be bad enough if Righthaven were merely punishing others’ free expression based on rights it actually acquired from MediaNews Group. But, for the truth to come out — that Righthaven filed this suit and many others without receiving any rights from MediaNews — makes this lawsuit mill operation not only abusive, but fraudulent as well.
“This court must dismiss this lawsuit and treat Righthaven as what it is — a liar,” their filing said.

Attorneys for defendant Leland Wolf, Randazza Legal Group and Contiguglia/Fazzone P.C., also argued in the filing that Righthaven is hoping that Judge Kane will dismiss its pending cases in Denver without prejudice, giving Righthaven the opportunity to sue again under an amended contract.

See: Related VEGAS INC article
See: Reply to Righthaven's Opposition to Defendant's Motion to Dismiss

Denver Judge Stays All Righthaven Cases in Colorado; Cites 'Serious' Questions

Denver Judge Stays All Righthaven Cases in Colorado

"Because there are serious questions as to whether my exercise of subject matter jurisdiction over Righthaven’s claim of copyright infringement is proper, I think it most prudent to stay the proceedings in all pending cases in this district in which Righthaven is the named plaintiff," Kane wrote in an order filed today. "Should I find that I lack subject matter jurisdiction over Righthaven’s claim of copyright infringement, it is likely that I will be required to dismiss all pending actions. A stay will best conserve the parties’ and the court’s resources pending resolution of this fundamental inquiry."

See: Article in full

U.S. District Judge John Kane ordered the stay, but will rule on this jurisdiction issue in the case of defendant Leland Wolf, represented by Andrew J. Contiguglia and the Randazza Legal Group.