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Old 09-09-2011, 05:47 PM   #1
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Arrow Righthaven is going down


Righthaven says it might have to file for bankruptcy


Newspaper Chain Drops Righthaven — ‘It Was a Dumb Idea’


Copyright Troll Righthaven Goes on Life Support

With all those issues now on appeal, the litigation factory’s machinery is grinding to a halt. A review of court records shows Righthaven has not filed a new lawsuit in two months, after a flurry of about 275 lawsuits since its launch at the beginning of last year. A court filing indicates there have already been layoffs at Righthaven’s Las Vegas headquarters (.pdf), and even some already-filed lawsuits are falling by the wayside, because Righthaven isn’t serving the defendants with the paperwork.

Righthaven chief executive Steve Gibson confirmed by telephone that his company has stopped filing new lawsuits, pending appellate rulings that could take months or even years to filter through the San Francisco-based 9th U.S. Circuit Court of Appeals.
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Old 09-09-2011, 05:53 PM   #2
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Default Righthaven is in a death spiral...

Apparently suing people for copyright infringement isn't a sustainable business model...


They have been laying people off in Righthaven's main office, no new lawsuits have been or will be filed, and even some suits that were already in the works have been halted.

There's an awful lot of extremists and fundamentalists...that's really what's gone wrong with the planet right now. Whether they're right, left, center or whatever, they're dangerous.
--Jane Goodall
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Old 09-28-2011, 07:14 PM   #3
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Righthaven's Losing Streak Continues in Colorado

Another loss in court with an order to pay the defendant's legal fees.
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Old 11-02-2011, 03:26 PM   #4
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Marshals seize Righthaven's assets to satisfy judgment.
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Old 11-28-2011, 07:44 PM   #5
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Righthaven Case Ends in Victory for Fair Use

Newspaper Publisher Caves at Last, Agrees Excerpts of Articles Do Not Infringe Copyright

The Electronic Frontier Foundation
November 18, 2011

Note: This content is copyrighted under a Creative Commons license

San Francisco - In a victory for fair use, the publisher of the Las Vegas Review-Journal, Stephens Media, filed papers yesterday conceding that posting a short excerpt of a news article in an online forum is not copyright infringement. The concession will result in entry of a judgment of non-infringement in a long-running copyright troll case that sparked the dismissal of dozens of baseless lawsuits filed by Righthaven LLC.

The case began when the online political forum Democratic Underground -- represented by the Electronic Frontier Foundation (EFF), Fenwick & West LLP, and attorney Chad Bowers -- was sued by Righthaven for a five-sentence excerpt of a Review-Journal news story that a user posted on the forum with a link back to the newspaper's website. Democratic Underground countersued, asking the court to rule that the excerpt did not infringe copyright and is a fair use of the material, and brought Righthaven-backer Stephens Media into the case.

The Court dismissed Righthaven's infringement case because it did not own the article, but Democratic Underground's counterclaim against Stephens Media continued. After initially attempting to defend the bogus assertion of copyright infringement, Stephens Media has now conceded it was incorrect.

"I knew the lawsuit was wrong from the start, and any self-respecting news publisher should have, too," said Democratic Underground founder David Allen. "I'm glad that they have finally admitted it."

"This concession comes after more than a year of needless litigation," said EFF Senior Staff Attorney Kurt Opsahl. "Stephens Media never should have authorized Righthaven to file this suit in the first place, and should never have wasted our client's and the court's time with its attempts to keep Righthaven's frivolous claim alive for the last year."

The original lawsuit against Democratic Underground was dismissed earlier this year, when Judge Hunt found that Righthaven did not have the legal authorization to bring a copyright lawsuit because it had never owned the copyright in the first place. Righthaven claimed that Stephens Media had transferred copyright to Righthaven before it filed the suit, but a document unearthed in this litigation -- the Strategic Alliance Agreement between Righthaven and Stephens Media -- showed that the copyright assignment was a sham, and that Righthaven was merely agreeing to undertake the newspaper's case at its own expense in exchange for a cut of the recovery. In addition to dismissing Righthaven's claim, Judge Hunt sanctioned Righthaven with fines and obligations to report to other judges its actual relationship with Stevens Media.

Righthaven has filed hundreds of copyright cases based on its sham copyright ownership claims. Despite several attempts by Righthaven and Stephens Media to re-write their Strategic Alliance Agreement, half a dozen judges have ruled against the scheme to turn copyright litigation into a business.

"This is a hard fought and important victory for free speech rights on the Internet," said Laurence Pulgram, the partner who led the team at Fenwick & West, LLP in San Francisco. "Unless we respond to such efforts to intimidate, we'll end up with an Internet that is far less fertile for the cultivation and discussion of the important issues that affect us all."

Democratic Underground's motion for summary judgment:

Stephens Media's consent to the motion:


Kurt Opsahl
Senior Staff Attorney
Electronic Frontier Foundation
[email protected]

Laurence Pulgram
Chair, Copyright Litigation Group
Fenwick & West LLP
[email protected]
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death, righthaven, spiral

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