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Judge rules Righthaven lacks standing to sue (DU), threatens sanctions over misrepresentations

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Newsjock Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 05:27 PM
Original message
Judge rules Righthaven lacks standing to sue (DU), threatens sanctions over misrepresentations
Edited on Tue Jun-14-11 06:15 PM by Newsjock
Source: Vegas Inc (Las Vegas Sun)

A federal judge in Las Vegas today issued a potentially devastating ruling against copyright enforcer Righthaven LLC, finding it doesn't have standing to sue over Las Vegas Review-Journal stories, that it has misled the court and threatening to impose sanctions against Righthaven.

Because he found Righthaven doesn't have standing to sue, Chief U.S. District Judge for Nevada Roger Hunt dismissed Righthaven's copyright infringement lawsuit against the Democratic Underground.

But he's allowing the Democratic Underground to continue its counterclaim against Stephens Media LLC, owner of the Review-Journal. That could be expensive for Stephens Media as the Democratic Underground attorneys from the Electronic Frontier Foundation are asking to be awarded attorney's fees.

"The court believes that Righthaven has made multiple inaccurate and likely dishonest statements to the court," Hunt wrote in his ruling, citing specifically Righthaven's failure to disclose Stephens Media as an interested party in the litigation as Stephens Media clearly had an interest in the outcome of the copyright lawsuits.

Read more: http://www.vegasinc.com/news/2011/jun/14/judge-rules-righthaven-lacks-standing-sue-threaten/



See the ruling here (pdf): http://media.lasvegassun.com/media/pdfs/blogs/documents/2011/06/14/rhavendemoug6142011.pdf
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ixion Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 05:36 PM
Response to Original message
1. excellent news!
:woohoo: :party: :toast:
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aquart Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 05:39 PM
Response to Original message
2. I am pleased.
Eat them.
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Roci Donating Member (145 posts) Send PM | Profile | Ignore Wed Jun-15-11 03:40 AM
Response to Reply #2
50. no
Beat them, then eat them. Tenderized food tastes better!
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aquart Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-15-11 09:28 PM
Response to Reply #50
74. I bow to superior culinary skills.
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SoapBox Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 05:40 PM
Response to Original message
3. K & R
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HopeHoops Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 05:41 PM
Response to Original message
4. Bend the bastards over and fuck them sideways.
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lbrtbell Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 06:02 PM
Response to Reply #4
15. I wish I could rec your post!
:rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl:
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HopeHoops Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 06:11 PM
Response to Reply #15
17. They're fucking vultures. Scum of the earth. I hope they're all dumpster diving by the weekend.
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JAnthony Donating Member (745 posts) Send PM | Profile | Ignore Wed Jun-15-11 08:08 AM
Response to Reply #15
55. So do I!! Sometimes course raw language is totally on target! n/t
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fascisthunter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 05:43 PM
Response to Original message
5. good
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KamaAina Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 05:46 PM
Response to Original message
6. Judge Nelson Muntz has spoken.
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richmwill Donating Member (972 posts) Send PM | Profile | Ignore Tue Jun-14-11 05:53 PM
Response to Reply #6
11. My sentiments exactly. (n/t)
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strategery blunder Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 05:48 PM
Response to Original message
7. Bwahahahaha
I don't think federal judges like barratry. :bounce:
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KT2000 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 05:52 PM
Response to Original message
8. this is great news!
and good for DU, for standing up to these creeps.
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Poll_Blind Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 05:52 PM
Response to Original message
9. Woo hoo!
:toast:

PB
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Lil Missy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 05:52 PM
Response to Original message
10. K&R
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rayofreason Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 05:53 PM
Response to Original message
12. Go DU!!!
Righthaven is a slimy slug and the DU is just the salty remedy we need!
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drmeow Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 05:58 PM
Response to Original message
13. AWESOME!!!!!
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tabasco Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 06:02 PM
Response to Original message
14. Kick ass
and take names. :toast:
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pinboy3niner Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 06:04 PM
Response to Original message
16. Congratulations to DU and its legal team!
Way to go! :toast:
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Newsjock Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 06:26 PM
Response to Original message
18. Nevada Judge Threatens Sanctions for Copyright Troll
Source: Wired

A Las Vegas federal judge threatened to sanction copyright troll Righthaven, calling its litigation efforts Tuesday disingenuous, if not outright deceitful.

The blistering decision also places into doubt the litigation factorys year-old business model, which is also under a Colorado federal judges microscope.

... Judge Hunt suggested Righthaven likely duped other judges to allow lawsuits on behalf of Stephens Media copyrights to go forward.

Making this failure more egregious, not only did Righthaven fail to identify Stephens Media as an interested party in this suit, the court believes that Righthaven failed to disclose Stephens Media as an interested party in any of its approximately 200 cases filed in this district, Hunt ruled. Accordingly, the court orders Righthaven to show cause, in writing, no later than two weeks from the date of this order, why it should not be sanctioned for this flagrant misrepresentation to the court.

Read more: http://www.wired.com/threatlevel/2011/06/copyright-troll-sanctions/
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muriel_volestrangler Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 06:41 PM
Response to Reply #18
21. 'Righthaven likely duped other judges' - may that mean all the other judgements could get reversed?
Ooh, I hope so. Too much to hope that people who settled before it got to court can get their money back, I suppose ...
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plumbob Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 06:35 PM
Response to Original message
19. A real judge! Absolutely great!
Thumbs way way up!

:yourock:
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fantomas Donating Member (43 posts) Send PM | Profile | Ignore Tue Jun-14-11 06:40 PM
Response to Original message
20. Cheers!
A big thank you to Team DU for not caving in!
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ThoughtCriminal Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 06:49 PM
Response to Original message
22. Thank you for not caving to these trolls!
Setting an example that I wish many others would have the guts to follow.

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RamboLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 06:50 PM
Response to Original message
23. Way to go DU and EFF!!!
And he's allowing the counterclaim! Maybe DU will end up owing RH's ass! Any way the victims can get back the $$$$'s they had to spend to make RH go away? Some sure couldn't afford the suit or lawyers to fight!
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mistertrickster Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 07:08 PM
Response to Original message
24. This was never a copy-right issue . . . it was a blatant shake-down scheme.
Their lying about it proves it.

Now, may they be hoisted on their own legal petard.
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octothorpe Donating Member (358 posts) Send PM | Profile | Ignore Tue Jun-14-11 07:09 PM
Response to Original message
25. HAHA!
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alcibiades_mystery Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 07:19 PM
Response to Original message
26. That's an asskicking. Thanks to DU and the EFF
:thumbsup:
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annabanana Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 07:22 PM
Response to Original message
27. To quote the cheerleaders of my youth:
Knock'em Down and Hit'em Again!

HARDER, HARDER!





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ChairmanAgnostic Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 07:24 PM
Response to Original message
28. HOT Fucking DAMN!
I was really hoping a judge would have the balls to do what was right. Nice to see it in action, though.

Get all DU's legal fees back, grrrrrrrreat!
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Occulus Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 07:44 PM
Response to Original message
29. Could someone help me restrain myself from posting an open letter to them in GD?
I have a very strong urge to mock them to hell and back, but something is telling me that's not so wise just now.

IwanttoIwanttoIwantto

x(
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Betty Karlson Donating Member (902 posts) Send PM | Profile | Ignore Wed Jun-15-11 03:55 AM
Response to Reply #29
51. Dear Occulus,
Edited on Wed Jun-15-11 03:57 AM by Betty Karlson
It is only natural, and understandable, that you should wish to let out the pent-up anger and frustration Righthaven has caused you. And to your credit, you want to target the cause of this anger and frustration. No displaced aggression for you, only a retaliatory strike at the law-abusers.

Please understand, however, that you are not alone in your feelings. Such an open letter should be well-crafted - not written in the spur of a moment. It should be the center-piece for communal celebrations. Moreover, it would have to "strike" the private lawsuit-squad when they are really down, akin to a catharsis. One could argue that during the two weeks of Righthaven's providing the litigation the judge ordered, the point for this catharsis has not yet been reached. The firm is falling, but not yet fallen. We may have to wait for a verdict against them before we really want to gloat and celebrate with the well-crafted open letter you have in mind.

So what advice can I give to you? Easy: write the letter you have in mind, save in on your computer, but don't post it today.

Add to it when new developments occur in the case (keep checking DU for further information on the pending case).

Add to it by researching the site's archives; ask administrators for help if you want/ if they can.

Polish it, work on that sarcasm and weed out the childish insults and the swearwords. Make this letter an offense to Righthaven and a celebration of good taste.

Take your time, take the weeks to complete this task.

The result will be much appreciated by all DU-ers. Good luck.
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personman Donating Member (959 posts) Send PM | Profile | Ignore Tue Jun-14-11 08:07 PM
Response to Original message
30. K&R nt
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Maine-ah Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 08:10 PM
Response to Original message
31. fuck yeah!
:headbang:
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Trajan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 08:12 PM
Response to Original message
32. Yay .....
Congratulations David and DU ..... It's been a long road .....
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Hoopla Phil Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 08:31 PM
Response to Original message
33. This is great news. If this track continues Rightheaven may see themselves sued
out of business. That would be a very good thing. Cudos to D.U. for having such a wonderful (dare I say "forward thinking") copyright policy.
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yardwork Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 08:38 PM
Response to Original message
34. That's wonderful news! Sue them out of existence.
I hope that Pam Spaulding might be able to recover some of her losses. These blood suckers tried to shut down her website. She was unable to afford to mount a defense so she settled.
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Pab Sungenis Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 08:48 PM
Response to Original message
35. Bravo.
"Wrongs will be righted, if we're united!"

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Roy Rolling Donating Member (762 posts) Send PM | Profile | Ignore Tue Jun-14-11 08:49 PM
Response to Original message
36. 3rd branch
This is why a non-political 3rd branch of government---the judiciary---is so important. It can stand up for what is right when the other two branches are infested with special interest lobbyists who think they can buy the government for their own financial enrichment.
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Anakin Skywalker Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 08:56 PM
Response to Original message
37. Ha ha! Neener neener neener!
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christx30 Donating Member (774 posts) Send PM | Profile | Ignore Tue Jun-14-11 08:58 PM
Response to Original message
38. You will all be happy to note
That Freerepublic has your back on this one.

some quotes:
Its weird to be siding with DU on something but I hope they kick Righthavens ass.

More great news. This could wind up hitting them deep in their pockets.

I think Ill go celebrate by posting a full article. :-P







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Lint Head Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 09:16 PM
Response to Original message
39. Hope DU gets a big monetary judgement and throws a party
for Du'ers!
:toast: :toast: :toast: :toast: :toast: :toast: :toast: :toast: :toast: :toast: :fistbump: :bounce: :party: :party:
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TygrBright Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-15-11 12:41 AM
Response to Reply #39
45. In Vegas!! n/t
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lovemydog Donating Member (414 posts) Send PM | Profile | Ignore Tue Jun-14-11 09:24 PM
Response to Original message
40. cool
I hate overly litigious right wing douche bags who try to restrict speech. Fuck them.
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highplainsdem Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 09:32 PM
Response to Original message
41. Great news! K&R
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 09:43 PM
Response to Original message
42. Welp hot diggety! That's good news indeed.
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Jester Messiah Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 11:00 PM
Response to Original message
43. Beautiful! Take 'em for every last cent. [nt]
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RKP5637 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-14-11 11:50 PM
Response to Original message
44. Hurray!!! n/t
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Art_from_Ark Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-15-11 12:43 AM
Response to Original message
46. Excellent news
Congratulations, DU :bounce:
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2banon Donating Member (794 posts) Send PM | Profile | Ignore Wed Jun-15-11 01:07 AM
Response to Original message
47. Excellent News! Congratulations!! Time for Celebration!! nt
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ljm2002 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-15-11 01:28 AM
Response to Original message
48. "potentially devastating"...
...love it!
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NBachers Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-15-11 02:17 AM
Response to Original message
49. I gotta big grin on my face and a smile in my heart
Thank you, DU and EFF!
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Sarah Ibarruri Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-15-11 04:48 AM
Response to Original message
52. Here's a picture of the piece of money-hungry trash behind this

http://www.wired.com/threatlevel/2010/07/copyright-trolling-for-dollars/

Just one question. Is he about to grab his b*lls in that photo?
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liberalla Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-15-11 04:51 AM
Response to Original message
53. Yeah! Thanks, Judge!
Bite it, Righthaven! :growl:
:mad:

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CabalPowered Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-15-11 06:30 AM
Response to Original message
54. Congrats to DU and EFF!
:woohoo:
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sabbat hunter Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-15-11 08:39 AM
Response to Original message
56. Judge rules Righthaven lacks standing to sue, threatens sanctions over misrepresentations
Source: VegasInc

A federal judge in Las Vegas today issued a potentially devastating ruling against copyright enforcer Righthaven LLC, finding it doesn't have standing to sue over Las Vegas Review-Journal stories, that it has misled the court and threatening to impose sanctions against Righthaven.

Because he found Righthaven doesn't have standing to sue, Chief U.S. District Judge for Nevada Roger Hunt dismissed Righthaven's copyright infringement lawsuit against the Democratic Underground.

Read more: http://www.vegasinc.com/news/2011/jun/14/judge-rules-righthaven-lacks-standing-sue-threaten/



Great news for DU and internet boards in general.
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Trajan Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-15-11 08:39 AM
Response to Reply #56
57. Huge ....
Awesome .... Congratulations David ..... What a slam dunk of the bad guy ......
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Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-15-11 08:39 AM
Response to Reply #56
58. Hah! Suck it, Righthaven! n/t
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Webster Green Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-15-11 08:39 AM
Response to Reply #56
59. Sweet!
Suck on it, Righthaven! :smoke:
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On the Road Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-15-11 08:39 AM
Response to Reply #56
60. Eat It, Trolls!!
:party::toast:
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Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-15-11 08:39 AM
Response to Reply #56
61. Thank you for fighting those bloodsuckers!
They counted on getting rich quick by collecting "make it go away" settlements.

DU is one of the places that put a spanner into the works.

Good work!
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-15-11 08:42 AM
Response to Original message
62. K&R
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sonias Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-15-11 09:26 AM
Response to Original message
63. I hope those EFF attorneys get their money!
:toast: to "Righthavens most-regretted lawsuit" ever!

And a big round of thanks for the EFF lawyers! :loveya: EFF!!!!
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derby378 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-15-11 09:39 AM
Response to Original message
64. That's right, that's right, we bad, we bad, we nationwide!
DU representin', motherfuckers! :headbang:
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Duval Donating Member (377 posts) Send PM | Profile | Ignore Wed Jun-15-11 10:10 AM
Response to Original message
65. Great! K&R!! n/t
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tootrueleft Donating Member (385 posts) Send PM | Profile | Ignore Wed Jun-15-11 10:19 AM
Response to Original message
66. Fantastic news!
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crim son Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-15-11 11:36 AM
Response to Original message
67. Oh, this is sweet.
Doubly so, since it is DU who is going to bring the bastards down.
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Sarah Ibarruri Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-15-11 11:37 AM
Response to Original message
68. Thank GOD! Hope they end up paying a pretty penny to DU!
This has cheered me up. Not that I was having a bad day or anything, but I didn't expect to hear such great news!!!
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Jim Lane Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-15-11 01:06 PM
Response to Reply #68
70. I assume they'd pay it to EFF if it's for attorney's fees.
There's no reason those greedy DU admins should get money to buy yet another yacht. :)
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Sarah Ibarruri Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-15-11 01:57 PM
Response to Reply #70
72. :)
Maybe they'll give me a couple of bucks? :9
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Evasporque Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-15-11 12:40 PM
Response to Original message
69. Full Las Vegas Sun article in post....
Haha....

Good for DU!
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0rganism Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-15-11 01:33 PM
Response to Original message
71. Nicely played, DU legal, nicely played
Edited on Wed Jun-15-11 01:34 PM by 0rganism
:applause:
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Nye Bevan Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-15-11 04:45 PM
Response to Original message
73. Great to see blatant abuse of the legal system being punished.
Congratulations Skinner & co.
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