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Thu Apr 12, 2012, 10:28 PM

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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Reply DU files against Stephens Media to recover $774,683 in Righthaven legal fees (Original 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

1. Sic 'em. nt

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Response to Newsjock (Original post)

Thu Apr 12, 2012, 10:32 PM

2. ONWARD!!!

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Response to Newsjock (Original post)

Thu Apr 12, 2012, 10:38 PM

3. GO for it!

Every last damn nickle. . .

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Response to Newsjock (Original post)

Thu Apr 12, 2012, 10:41 PM

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

21. Actually, it won't.

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

23. Damages? To DUs good name and reputation? Something? Anything?

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

25. In many cases it's a victory to recover legal expenses

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.

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Response to Skinner (Reply #21)

Fri Apr 13, 2012, 02:01 PM

26. I figured as much. These are your damages. I hope you win.

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

28. If nothing else it should stop them from more false attacks.Right?

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Response to Skinner (Reply #21)

Fri Apr 13, 2012, 06:19 PM

29. Quite appropriate, Skinner, and let's give a shout-out to those attorneys.

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.

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Response to Newsjock (Original post)

Thu Apr 12, 2012, 10:42 PM

5. Cool stuff...



Sid

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Response to Newsjock (Original post)

Thu Apr 12, 2012, 10:45 PM

6. This is pretty awesome

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?

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Response to Newsjock (Original post)

Thu Apr 12, 2012, 10:47 PM

7. Skinner should get the monster-balls award from Colbert for this one

He delivered a well-deserved ass-kicking.

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Response to Newsjock (Original post)

Thu Apr 12, 2012, 10:51 PM

8. Wooden stake through the heart, burn the body,scatter the ashes

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

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

17. Then I'm in the Washington, DC suburb of Dallas, Texas, evidently. n/t

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Response to ellisonz (Reply #9)

Fri Apr 13, 2012, 01:41 AM

18. DU #Occupies everywhere!

You can't explain that!

--Bill O'Reilly

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Response to Newsjock (Original post)

Thu Apr 12, 2012, 10:57 PM

10. O heaven, the vanity of wretched fools!



Blunt-witted lord, ignoble in demeanor!

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Response to NBachers (Reply #10)

Thu Apr 12, 2012, 10:59 PM

11. Who is that? nt

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Response to arthritisR_US (Reply #11)

Thu Apr 12, 2012, 11:30 PM

12. Right clicked on the image, look for "info" and...

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

13. Steven Gibson, CEO of Righthaven

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.

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Response to NBachers (Reply #13)

Thu Apr 12, 2012, 11:55 PM

14. His ill gotten gains have certainly wrought

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

35. Or at least his vest.

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Response to Raster (Reply #35)

Mon Apr 16, 2012, 07:17 AM

36. Ha! :)

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Response to Newsjock (Original post)

Thu Apr 12, 2012, 11:59 PM

15. Copyright Case of the Year! Woohoo!

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Response to Newsjock (Original post)

Fri Apr 13, 2012, 12:09 AM

16. Git 'em! nt

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Response to Newsjock (Original post)

Fri Apr 13, 2012, 09:43 AM

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

20. You betcha

as word salad sarah would say

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Response to Newsjock (Original post)

Fri Apr 13, 2012, 10:44 AM

22. Not to be confused with this Steve Gibson.

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Response to Newsjock (Original post)

Fri Apr 13, 2012, 11:50 AM

24. Excellent.

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Response to Newsjock (Original post)

Fri Apr 13, 2012, 04:08 PM

27. Ahhhh...just answered my own question.

I had heard Righthaven had, or would, file bankruptcy. Looks like the lawyers were well prepared and filed this against Stephens Media.

Good Luck!!!

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Response to Newsjock (Original post)

Fri Apr 13, 2012, 06:36 PM

30. K&R

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Response to Newsjock (Original post)

Fri Apr 13, 2012, 06:37 PM

31. Do we get to split the proceeds amongst the members?

Boy, I hope so.

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Response to Newsjock (Original post)

Fri Apr 13, 2012, 09:11 PM

32. Can we resurrect GrovelBot for a fundraising effort to help DU if they aren't

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

33. Thanks. But DU didn't pay that much money.

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.

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Response to Newsjock (Original post)

Sat Apr 14, 2012, 12:15 PM

34. Git it!

K & R!

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