Thu Apr 12, 2012, 10:28 PM
Newsjock (9,854 posts)
DU files against Stephens Media to recover $774,683 in Righthaven legal fees
Source: Vegas Inc (Las Vegas Sun)
Attorneys say the owner of the Las Vegas Review-Journal should be required to pay $774,683 in legal fees for what critics call a failed ''shakedown'' copyright infringement lawsuit that threatened the free speech rights of a political website. The attorneys represent the Democratic Underground, a website that defeated Righthaven LLC, the R-J’s copyright enforcement partner, in one of Righthaven’s copyright infringement lawsuits. ... "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." ... Last month, the lawsuit was named the U.S. Copyright Case of the Year by the international publication Managing Intellectual Property. Read more: http://www.vegasinc.com/news/2012/apr/11/review-journal-owner-facing-774000-fee-demand-righ/
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36 replies, 4011 views
| Author | Time | Post | |
| Newsjock | Apr 2012 | OP | |
| rrneck | Apr 2012 | #1 | |
| elleng | Apr 2012 | #2 | |
| annabanana | Apr 2012 | #3 | |
| NYC_SKP | Apr 2012 | #4 | |
| Skinner | Apr 2012 | #21 | |
| cyberpj | Apr 2012 | #23 | |
| Auggie | Apr 2012 | #25 | |
| NYC_SKP | Apr 2012 | #26 | |
| The Wielding Truth | Apr 2012 | #28 | |
| Jim Lane | Apr 2012 | #29 | |
| SidDithers | Apr 2012 | #5 | |
| jsmirman | Apr 2012 | #6 | |
| mindwalker_i | Apr 2012 | #7 | |
| DisgustipatedinCA | Apr 2012 | #8 | |
| ellisonz | Apr 2012 | #9 | |
| Bolo Boffin | Apr 2012 | #17 | |
| pinboy3niner | Apr 2012 | #18 | |
| NBachers | Apr 2012 | #10 | |
| arthritisR_US | Apr 2012 | #11 | |
| DCKit | Apr 2012 | #12 | |
| NBachers | Apr 2012 | #13 | |
| arthritisR_US | Apr 2012 | #14 | |
| Raster | Apr 2012 | #35 | |
| arthritisR_US | Apr 2012 | #36 | |
| sakabatou | Apr 2012 | #15 | |
| MADem | Apr 2012 | #16 | |
| UnrepentantLiberal | Apr 2012 | #19 | |
| madokie | Apr 2012 | #20 | |
| RC | Apr 2012 | #22 | |
| sinkingfeeling | Apr 2012 | #24 | |
| Wait Wut | Apr 2012 | #27 | |
| midnight | Apr 2012 | #30 | |
| trof | Apr 2012 | #31 | |
| gateley | Apr 2012 | #32 | |
| Skinner | Apr 2012 | #33 | |
| lonestarnot | Apr 2012 | #34 |
Response to Newsjock (Original post)
Thu Apr 12, 2012, 10:32 PM
rrneck (13,730 posts)
1. Sic 'em. nt
Response to Newsjock (Original post)
Thu Apr 12, 2012, 10:38 PM
annabanana (45,533 posts)
3. GO for it!
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Every last damn nickle. . .
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Response to Newsjock (Original post)
Thu Apr 12, 2012, 10:41 PM
NYC_SKP (48,725 posts)
4. Wow- that shit will buy a LOT of Stars!
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Response to NYC_SKP (Reply #4)
Fri Apr 13, 2012, 10:07 AM
Skinner (57,360 posts)
21. Actually, it won't.
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If we recover any money, all of it will go to paying attorneys.
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Response to Skinner (Reply #21)
Fri Apr 13, 2012, 11:49 AM
cyberpj (9,266 posts)
23. Damages? To DUs good name and reputation? Something? Anything?
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Last edited Fri Apr 13, 2012, 06:31 PM USA/ET - Edit history (1) It would seem something is deserved for time and effort required to fight it. No?
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Response to cyberpj (Reply #23)
Fri Apr 13, 2012, 12:00 PM
Auggie (16,176 posts)
25. In many cases it's a victory to recover legal expenses
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As for reputation, who really cares outside of a few of us? It's life, and life isn't always fair (as my attorney likes to remind me).
Good luck, Skinner, et al. |
Response to Skinner (Reply #21)
Fri Apr 13, 2012, 02:01 PM
NYC_SKP (48,725 posts)
26. I figured as much. These are your damages. I hope you win.
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And I wish you could recover something more in the way of punitive damages.
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Response to Skinner (Reply #21)
Fri Apr 13, 2012, 04:56 PM
The Wielding Truth (8,436 posts)
28. If nothing else it should stop them from more false attacks.Right?
Response to Skinner (Reply #21)
Fri Apr 13, 2012, 06:19 PM
Jim Lane (3,816 posts)
29. Quite appropriate, Skinner, and let's give a shout-out to those attorneys.
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According to an earlier article in the Las Vegas Sun, DU was represented pro bono (without charge) by the Electronic Frontier Foundation, lawyers from Winston & Strawn (a big corporate-oriented law firm), and Las Vegas attorney Chad Bowers. These attorneys knew that they didn't have a certainty -- or even, in my guesstimation, a probability -- that they'd get paid.
I hope DU wins this motion, both to pay the attorneys and to stick it to the right-wing troglodytes who run the Las Vegas Review-Journal. |
Response to Newsjock (Original post)
Thu Apr 12, 2012, 10:42 PM
SidDithers (26,980 posts)
5. Cool stuff...
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Sid |
Response to Newsjock (Original post)
Thu Apr 12, 2012, 10:45 PM
jsmirman (4,188 posts)
6. This is pretty awesome
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and I find their lawsuit strategy a bit baffling.
If they really were concerned about the content being excerpted, why didn't they just file a takedown notice? |
Response to Newsjock (Original post)
Thu Apr 12, 2012, 10:47 PM
mindwalker_i (1,465 posts)
7. Skinner should get the monster-balls award from Colbert for this one
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He delivered a well-deserved ass-kicking.
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Response to Newsjock (Original post)
Thu Apr 12, 2012, 10:51 PM
DisgustipatedinCA (5,404 posts)
8. Wooden stake through the heart, burn the body,scatter the ashes
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This troll group needs to be completely eradicated, and they need to serve as a warning to other would-be troll companies.
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Response to Newsjock (Original post)
Thu Apr 12, 2012, 10:53 PM
ellisonz (26,317 posts)
9. "Democratic Underground, a big political website in Washington, D.C."
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Response to ellisonz (Reply #9)
Fri Apr 13, 2012, 01:26 AM
Bolo Boffin (22,507 posts)
17. Then I'm in the Washington, DC suburb of Dallas, Texas, evidently. n/t
Response to ellisonz (Reply #9)
Fri Apr 13, 2012, 01:41 AM
pinboy3niner (27,427 posts)
18. DU #Occupies everywhere!
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You can't explain that!
--Bill O'Reilly |
Response to Newsjock (Original post)
Thu Apr 12, 2012, 10:57 PM
NBachers (3,685 posts)
10. O heaven, the vanity of wretched fools!
Blunt-witted lord, ignoble in demeanor! |
Response to NBachers (Reply #10)
Thu Apr 12, 2012, 10:59 PM
arthritisR_US (3,509 posts)
11. Who is that? nt
Response to arthritisR_US (Reply #11)
Thu Apr 12, 2012, 11:30 PM
DCKit (18,189 posts)
12. Right clicked on the image, look for "info" and...
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Last edited Thu Apr 12, 2012, 11:31 PM USA/ET - Edit history (1) NBachers/Righthaven.jpg
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Response to arthritisR_US (Reply #11)
Thu Apr 12, 2012, 11:35 PM
NBachers (3,685 posts)
13. Steven Gibson, CEO of Righthaven
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Last edited Thu Apr 12, 2012, 11:38 PM USA/ET - Edit history (1) "Steven Gibson is CEO of Righthaven, which buys copyrights from the Las Vegas Review-Journal, then sues people who have violated those copyrights."
http://www.lasvegassun.com/news/2010/aug/04/unlikely-targets-emerging-war-media-content/ Grab yer balls and hold on tight, Stevie Boy, 'cause it's gonna be a long, hard ride down. |
Response to NBachers (Reply #13)
Thu Apr 12, 2012, 11:55 PM
arthritisR_US (3,509 posts)
14. His ill gotten gains have certainly wrought
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him a nice office... I hope he loses his shirt!
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Response to arthritisR_US (Reply #14)
Sun Apr 15, 2012, 11:24 AM
Raster (12,614 posts)
35. Or at least his vest.
Response to Newsjock (Original post)
Thu Apr 12, 2012, 11:59 PM
sakabatou (29,058 posts)
15. Copyright Case of the Year! Woohoo!
Response to Newsjock (Original post)
Fri Apr 13, 2012, 12:09 AM
MADem (85,876 posts)
16. Git 'em! nt
Response to Newsjock (Original post)
Fri Apr 13, 2012, 09:43 AM
UnrepentantLiberal (11,700 posts)
19. I like that this article is an excerpt from the Las Vegas Sun.
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Response to Newsjock (Original post)
Fri Apr 13, 2012, 09:46 AM
madokie (36,533 posts)
20. You betcha
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as word salad sarah would say
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Response to Newsjock (Original post)
Fri Apr 13, 2012, 10:44 AM
RC (21,599 posts)
22. Not to be confused with this Steve Gibson.
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Steve Gibson (computer programmer)
http://en.wikipedia.org/wiki/Steve_Gibson_%28computer_programmer%29 |
Response to Newsjock (Original post)
Fri Apr 13, 2012, 11:50 AM
sinkingfeeling (27,783 posts)
24. Excellent.
Response to Newsjock (Original post)
Fri Apr 13, 2012, 04:08 PM
Wait Wut (6,148 posts)
27. Ahhhh...just answered my own question.
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I had heard Righthaven had, or would, file bankruptcy. Looks like the lawyers were well prepared and filed this against Stephens Media.
Good Luck!!! |
Response to Newsjock (Original post)
Fri Apr 13, 2012, 06:37 PM
trof (43,645 posts)
31. Do we get to split the proceeds amongst the members?
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Boy, I hope so.
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Response to Newsjock (Original post)
Fri Apr 13, 2012, 09:11 PM
gateley (61,881 posts)
32. Can we resurrect GrovelBot for a fundraising effort to help DU if they aren't
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successful?? WOW -- that's a LOT of money! We'd like to help!
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Response to gateley (Reply #32)
Sat Apr 14, 2012, 10:11 AM
Skinner (57,360 posts)
33. Thanks. But DU didn't pay that much money.
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We received free legal representation from the Electronic Frontier Foundation (EFF). Most of the award for legal fees, if we get any, will go to EFF.
DU paid about $3,500 out-of-pocket on legal representation before EFF took the case. So our share of any award would be about $3,500. |
Response to Newsjock (Original post)
Sat Apr 14, 2012, 12:15 PM
lonestarnot (71,133 posts)
34. Git it!
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K & R!
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