Small Justice v. Xcentric Ventures (July 16, 2013)
D.
Mass.: Attorney Uses Copyright to Attack Unflattering Web
National
Law Journal
Federal law grants website operators immunity from defamation
claims for third-party posts, so Boston lawyer Richard Goren used copyright law
to go after a site’s parent company over a negative posting. It worked—Goren
has persuaded the Massachusetts trial courts to assign him the copyright to the
disputed material.And on Tuesday, he went to federal court accusing the website
of violating his copyright.
http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202611557418&kw=Attorney%20Uses%20Copyright%20to%20Attack%20Unflattering%20Web%20Post&et=editorial&bu=Law.com&cn=20130719&src=EMC-Email&pt=Newswire&slreturn=20130624120748
Complaint:
http://pdfserver.amlaw.com/nlj/DMassSmallJusticevGoren.pdf
Showing posts with label Copyright. Show all posts
Showing posts with label Copyright. Show all posts
Lee v. Makhenivich
STATUS: Order given March 27, 2013.
S.D.N.Y.: You Shouldn't Need a Copyright Lawyer to Pick a Dentist
Technology & Marketing Law Blog (Eric Goldman)
Lee
became unsatisfied with his interactions with the dentist and posted
critical online reviews to Yelp, DoctorBase and other websites.
Apparently unhappy with the reviews, the dentist invoked the Mutual
Agreement to Maintain Privacy and claimed copyright ownership over those
reviews.
> Opinion: Lee v. Makhenivich
http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1347&context=historical
Ouelette v. Viacom
STATUS: On April 25, 2012, the Judge rejected Plaintiff's 17 USC 512 (f) claim.
D. Mont.: 512(f) Plaintiff Can't Get Discovery To Back Up His Allegations of Bogus Takedowns
Technology & Marketing Law Blog (Eric Goldman)
Ouellette sued Viacom for allegedly sending bogus take down notices he posted to Youtube.
http://blog.ericgoldman.org/archives/2012/04/512f_plaintiff.htm
>>Order:
http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1053&context=historical
D. Mont.: 512(f) Plaintiff Can't Get Discovery To Back Up His Allegations of Bogus Takedowns
Technology & Marketing Law Blog (Eric Goldman)
Ouellette sued Viacom for allegedly sending bogus take down notices he posted to Youtube.
http://blog.ericgoldman.org/archives/2012/04/512f_plaintiff.htm
>>Order:
http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1053&context=historical
In Re BitTorrent Aduly Copyright Infringement Cases
STATUS: On May 2, 2012, a NY Federal judge ruled against plaintiffs in several porn copyright cases.
E.D.N.Y.: Federal Judge Decries Blizzard of Copyright Troll Lawsuits
Ars Technica
On Tuesday, an obviously angry judge ruled against plaintiffs in several copyright cases. His 26 page ruling is a devastating critique of this litigation strategy.
http://arstechnica.com/tech-policy/news/2012/05/furious-judge-decries-blizzard-of-copyright-troll-lawsuits.ars
>> Order & Report and Recommendations
http://www.scribd.com/doc/92229567/Judge-Gary-Brown-IP-Address-Ruling
E.D.N.Y.: Federal Judge Decries Blizzard of Copyright Troll Lawsuits
Ars Technica
On Tuesday, an obviously angry judge ruled against plaintiffs in several copyright cases. His 26 page ruling is a devastating critique of this litigation strategy.
http://arstechnica.com/tech-policy/news/2012/05/furious-judge-decries-blizzard-of-copyright-troll-lawsuits.ars
>> Order & Report and Recommendations
http://www.scribd.com/doc/92229567/Judge-Gary-Brown-IP-Address-Ruling
Righthaven LLC v. Hoehn
UPDATE (9/18/11)
STATUS: On September 18, 2011, Defendant filed a Motion for Write of Execution against the Plaintiff.
D. Nev.: Copyright Trolls Assets Targeted for Seizure
Wired
The legal woes of Las Vegas-based copyright-trolling firm Righthaven continued Sunday when one of its creditors moved to seize its assets.
-- Motion for Writ of Execution: Righthaven v. Hoehn
UPDATE (9/9/11)
STATUS: On September 9, 2011, Plaintiff moved for a Stay of the Court’s Order and Judgment to pay Defendant’s Attorney's fees and costs.
D. Nev.: Righthaven: We Might Have To Declare Bankruptcy
paidContent
Copyright enforcer Righthaven warned that it cannot afford to pay a defendant $30,000 in legal fees and asked a judge to lift a ruling that prevents it from suing other individuals. And, in a man-bites-dog turn of events, Righthaven warned that the aggressive defendant would try and take the firm’s assets if a stay was not granted.
http://paidcontent.org/article/419-righthaven-we-might-have-to-declare-bankruptcy/
-- Motion for Stay of Judgment Pending Appeal: Righthaven v. Hoehn
http://www.scribd.com/doc/64396098/Righthaven-v-Hoehn-Plaintiff-Righthaven-LLC-s-Motion-for-Stay-of-Judgment-Pending-Appeal
UPDATE (8/16/2011)
STATUS: Defendant's Motion for Attorney's Fees and Costs granted; Plaintiff ordered to pay attorney's fees in the amount of $34,045.50.
D. Nev.: Righthaven rocked, owes $34,000 after "fair use" loss
Ars Technica
In a terse order today, the judge decided that Hoehn had won the case (as the "prevailing party") and "the attorney’s fees and costs sought on his behalf are reasonable."
http://arstechnica.com/tech-policy/news/2011/08/righthaven-rocked-owes-34000-after-fair-use-loss.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
Ars Technica
In a terse order today, the judge decided that Hoehn had won the case (as the "prevailing party") and "the attorney’s fees and costs sought on his behalf are reasonable."
http://arstechnica.com/tech-policy/news/2011/08/righthaven-rocked-owes-34000-after-fair-use-loss.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
--Order: Righthaven v. Hoehn
http://ia600408.us.archive.org/32/items/gov.uscourts.nvd.78697/gov.uscourts.nvd.78697.43.0.pdf
http://ia600408.us.archive.org/32/items/gov.uscourts.nvd.78697/gov.uscourts.nvd.78697.43.0.pdf
STATUS: Defendant's motion for summary judgment and motion to dismiss for lack of jurisdiction was granted on June 20, 2011
D. Nev.: Righthaven Loss: Judge Rules Reposting Entire Article Is Fair Use
Wired
A federal judge ruled Monday that publishing an entire article without the rights holder’s authorization was a fair use of the work, in yet another blow to newspaper copyright troll Righthaven. . . “Righthaven did not present any evidence that the market for the work was harmed by Hoehn’s noncommercial use for the 40 days it appeared on the website. Accordingly, there is no genuine issue of material fact that Hoehn’s use of the work was fair and summary judgment is appropriate,” Judge Pro ruled.
http://www.wired.com/threatlevel/2011/06/fair-use-defense/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+wired%2Findex+%28Wired%3A+Index+3+%28Top+Stories+2%29%29&utm_content=Google+Reader
--Order Granting Defendant's Motion for Summary Judgment: Righthaven LLC v. Hoehn
http://randazza.files.wordpress.com/2011/06/righthaven-v-hoehn.pdf
STATUS: Complaint filed Jan 11, 2011
D. Nev.: After 200 Lawsuits Against Sites, Righthaven Targets Online Commenters
paidContent
After suing mostly mom-and-pop web publishers—more than 200 blogs and web sites in all in its 10 months in business—Righthaven last week began suing mere commenters, including Wayne Hoehn, a user who posted an op-ed article at MadJackSports.com . . . The same day, Righthaven sued James Higgins, who posted another apparently copied Las Vegas Review-Journal story into a Google Groups news list. These two suits appear to be the first Righthaven suits against individual who don’t own their own websites.
http://ia700408.us.archive.org/32/items/gov.uscourts.nvd.78697/gov.uscourts.nvd.78697.1.0.pdf
--Complaint: Righthaven v. Hoehn
http://ia700408.us.archive.org/32/items/gov.uscourts.nvd.78697/gov.uscourts.nvd.78697.1.0.pdf
See also:
--Complaint: Righthaven v. Higgins
http://ia700408.us.archive.org/14/items/gov.uscourts.nvd.78696/gov.uscourts.nvd.78696.1.0.pdf
Righthaven LLC v. Democratic Underground
UPDATE (7/15/2011)
STATUS: Judge fined Righthaven $5000 for misleading the court on July 14, 2011
D. Nev.: Righthaven Masquerading as a Company
Vegas Inc.
A judge today fined newspaper copyright lawsuit filer Righthaven LLC of Las Vegas $5,000 for misleading a federal court about its lawsuits. Judge Hunt said Righthaven deliberately failed to disclose the owner of the Las Vegas Review-Journal shares in Righthaven’s lawsuit revenue. But, without explanation, Hunt didn’t sanction any of the Righthaven attorneys that may have been responsible for the misrepresentation.
http://www.vegasinc.com/news/2011/jul/14/judge-fines-righthaven-5000-misleading-court-over-/
STATUS: Order on Request to Unseal entered on March 9, 2011
D. Nev.: Righthaven’s Secret Contract Revealed: Will Its Strategy Collapse?
paidContent
Angered at Righthaven’s behavior, a Las Vegas federal judge unsealed the company’s heretofore confidential agreement with the Las Vegas Review-Journal late on Friday. The contract reveals that the controversial copyright-enforcement company and LV R-J parent company Stephens Media are splitting their net earnings from suing hundreds of bloggers on a 50-50 basis. It also shows that the LV R-J is still largely in control of Righthaven’s litigation strategy—a fact that could end up being ruinous for Righthaven’s campaign of copyright lawsuits.
http://paidcontent.org/article/419-righthavens-secret-contract-is-revealedwill-its-strategy-collapse/
--Order on Request to Unseal: Righthaven LLC v. Democratic Underground
https://www.eff.org/files/filenode/righthaven_v_dem/2-10-cv-01356_93.pdf
--Righthaven’s Contract With Stephens Media
http://www.docstoc.com/docs/76820004/RighthavenContract
See also
--Answer and Counterclaim: Righthaven LLC v. Democratic Underground
http://www.eff.org/files/filenode/righthaven_v_dem/AnswerandCounterclaim.pdf
--Complaint: Righthaven LLC v. Democratic Underground
http://www.eff.org/files/filenode/righthaven_v_dem/20100810RighthavenvDemocraticUnderground.pdf
STATUS: Judge fined Righthaven $5000 for misleading the court on July 14, 2011
D. Nev.: Righthaven Masquerading as a Company
Vegas Inc.
A judge today fined newspaper copyright lawsuit filer Righthaven LLC of Las Vegas $5,000 for misleading a federal court about its lawsuits. Judge Hunt said Righthaven deliberately failed to disclose the owner of the Las Vegas Review-Journal shares in Righthaven’s lawsuit revenue. But, without explanation, Hunt didn’t sanction any of the Righthaven attorneys that may have been responsible for the misrepresentation.
http://www.vegasinc.com/news/2011/jul/14/judge-fines-righthaven-5000-misleading-court-over-/
STATUS: Order on Request to Unseal entered on March 9, 2011
D. Nev.: Righthaven’s Secret Contract Revealed: Will Its Strategy Collapse?
paidContent
Angered at Righthaven’s behavior, a Las Vegas federal judge unsealed the company’s heretofore confidential agreement with the Las Vegas Review-Journal late on Friday. The contract reveals that the controversial copyright-enforcement company and LV R-J parent company Stephens Media are splitting their net earnings from suing hundreds of bloggers on a 50-50 basis. It also shows that the LV R-J is still largely in control of Righthaven’s litigation strategy—a fact that could end up being ruinous for Righthaven’s campaign of copyright lawsuits.
http://paidcontent.org/article/419-righthavens-secret-contract-is-revealedwill-its-strategy-collapse/
--Order on Request to Unseal: Righthaven LLC v. Democratic Underground
https://www.eff.org/files/filenode/righthaven_v_dem/2-10-cv-01356_93.pdf
--Righthaven’s Contract With Stephens Media
http://www.docstoc.com/docs/76820004/RighthavenContract
See also
--Answer and Counterclaim: Righthaven LLC v. Democratic Underground
http://www.eff.org/files/filenode/righthaven_v_dem/AnswerandCounterclaim.pdf
--Complaint: Righthaven LLC v. Democratic Underground
http://www.eff.org/files/filenode/righthaven_v_dem/20100810RighthavenvDemocraticUnderground.pdf
Righthaven LLC v. Choudhry
STATUS: Defendants’ motion to dismiss, or in the alternative, motion for judgment on the pleadings, or in the alternative, motion for summary judgment was denied and plaintiff's motion to dismiss, or in the alternative, to strike the declaratory relief counterclaim was also denied on May 3, 2011
D. Nev.: Another Defense-Favorable Righthaven Ruling
Technology and Marketing Law Blog (Eric Goldman)
This lawsuit involves the "Vdara Death-Ray" image published in the Las Vegas Review-Journal, which has been the basis of numerous Righthaven lawsuits . . . Choudhry argues that the image appeared on his site as an in-line link (permissible under Perfect 10 v. Amazon) and via an automated process that lacked volition. The court rejects Choudhry's motions for judgment on the pleadings and summary judgment on those points, saying that the judge wants to understand the technology better before ruling on it. On fair use, the court says . . . As a matter of law, the defendant's use doesn't harm Righthaven's market. The latter point is a biggie. The fourth fair use factor is often considered the most important, and the court is treating it as presumptively weighing against Righthaven in all cases. The court is basically doing the same with the transformative nature of the works. If those two considerations automatically weigh against Righthaven in every case, Righthaven will have a tough time defeating any fair use defense.
http://blog.ericgoldman.org/archives/2011/05/another_defense.htm
--Order: Righthaven LLC v. Choudhry
http://www.scribd.com/doc/54552379/Righthaven-v-Choudhry-May-3-Order
See also
--Defendants' Answer and Counterclaim: Righthaven LLC v. Choudhry
http://www.lynnmediagroup.com/righthaven/2011-01-19-pakorg-counterclaim.pdf
--Defendants' Motion to Dismiss: Righthaven LLC v. Choudhry
http://ia700309.us.archive.org/26/items/gov.uscourts.nvd.78188/gov.uscourts.nvd.78188.9.0.pdf
--Complaint: Righthaven LLC V. Choudhry
Not available
D. Nev.: Another Defense-Favorable Righthaven Ruling
Technology and Marketing Law Blog (Eric Goldman)
This lawsuit involves the "Vdara Death-Ray" image published in the Las Vegas Review-Journal, which has been the basis of numerous Righthaven lawsuits . . . Choudhry argues that the image appeared on his site as an in-line link (permissible under Perfect 10 v. Amazon) and via an automated process that lacked volition. The court rejects Choudhry's motions for judgment on the pleadings and summary judgment on those points, saying that the judge wants to understand the technology better before ruling on it. On fair use, the court says . . . As a matter of law, the defendant's use doesn't harm Righthaven's market. The latter point is a biggie. The fourth fair use factor is often considered the most important, and the court is treating it as presumptively weighing against Righthaven in all cases. The court is basically doing the same with the transformative nature of the works. If those two considerations automatically weigh against Righthaven in every case, Righthaven will have a tough time defeating any fair use defense.
http://blog.ericgoldman.org/archives/2011/05/another_defense.htm
--Order: Righthaven LLC v. Choudhry
http://www.scribd.com/doc/54552379/Righthaven-v-Choudhry-May-3-Order
See also
--Defendants' Answer and Counterclaim: Righthaven LLC v. Choudhry
http://www.lynnmediagroup.com/righthaven/2011-01-19-pakorg-counterclaim.pdf
--Defendants' Motion to Dismiss: Righthaven LLC v. Choudhry
http://ia700309.us.archive.org/26/items/gov.uscourts.nvd.78188/gov.uscourts.nvd.78188.9.0.pdf
--Complaint: Righthaven LLC V. Choudhry
Not available
Righthaven LLC v. Jama
STATUS: Summary judgment granted for defendant on April 22, 2011
D. Nev.: Righthaven Suffers Blow in Copyright Crusade
Courthouse News Service
A federal judge blasted Righthaven's copyright-collection business model in a ruling that says an Oregon nonprofit was justified through fair use to post an article by the Las Vegas Review Journal. "[Righthaven's] litigation strategy has a chilling effect on potential fair uses of Righthaven-owned articles, diminishes public access to the facts contained therein, and does nothing to advance the Copyright Act's purpose of promoting artistic creation," U.S. District Judge James Mahan ruled Friday.
http://www.courthousenews.com/2011/04/25/36074.htm
--Decision: Righthaven LLC v. Jama
http://www.courthousenews.com/2011/04/25/Righthaven%20loss%20Nevada.pdf
D. Nev.: Righthaven Suffers Blow in Copyright Crusade
Courthouse News Service
A federal judge blasted Righthaven's copyright-collection business model in a ruling that says an Oregon nonprofit was justified through fair use to post an article by the Las Vegas Review Journal. "[Righthaven's] litigation strategy has a chilling effect on potential fair uses of Righthaven-owned articles, diminishes public access to the facts contained therein, and does nothing to advance the Copyright Act's purpose of promoting artistic creation," U.S. District Judge James Mahan ruled Friday.
http://www.courthousenews.com/2011/04/25/36074.htm
--Decision: Righthaven LLC v. Jama
http://www.courthousenews.com/2011/04/25/Righthaven%20loss%20Nevada.pdf
In re John Does 1 and 2
STATUS: Decided April 15, 2011
Tex.: Google doesn't have to disclose Southeast Texas bloggers identities, Texas Supreme Court says
Beaumont Enterprise
An order to compel Internet giant Google to disclose the identity of two anonymous bloggers accused of defaming a Southeast Texas private detective and blogger has been struck down by the Texas Supreme Court. Phillip R. Klein sued Google to learn the identity behind two blogs, OperationKleinwatch and SamTheEagleUSA, that directed satire and criticism at him. Klein sought their identities to pursue claims of copyright infringement, defamation, conspiracy and invasion of privacy against them.
http://www.beaumontenterprise.com/news/article/Google-doesn-t-have-to-disclose-Southeast-Texas-1342330.php
--Opinion: In re John does 1 and 2
http://www.supreme.courts.state.tx.us/historical/2011/apr/100366.htm
Tex.: Google doesn't have to disclose Southeast Texas bloggers identities, Texas Supreme Court says
Beaumont Enterprise
An order to compel Internet giant Google to disclose the identity of two anonymous bloggers accused of defaming a Southeast Texas private detective and blogger has been struck down by the Texas Supreme Court. Phillip R. Klein sued Google to learn the identity behind two blogs, OperationKleinwatch and SamTheEagleUSA, that directed satire and criticism at him. Klein sought their identities to pursue claims of copyright infringement, defamation, conspiracy and invasion of privacy against them.
http://www.beaumontenterprise.com/news/article/Google-doesn-t-have-to-disclose-Southeast-Texas-1342330.php
--Opinion: In re John does 1 and 2
http://www.supreme.courts.state.tx.us/historical/2011/apr/100366.htm
Righthaven LLC v. Dibiase
UPDATE (4/20/2011)
STATUS: Order granting defendant's motion to dismiss in part
D. Nev.: Blog Won't Change Hands Despite Plagiarism Claim
Courthouse News Service
The copyright holder Righthaven cannot take over a website dedicated to "no body" murder cases to satisfy charges that the site plagiarized a Las Vegas newspaper article, a federal judge ruled. . .The company claimed that DiBiase published an article from the Las Vegas Review Journal on his website without permission, and requested a court order transferring control of DiBiase's domain name to Righthaven.
http://www.courthousenews.com/2011/04/19/35929.htm
STATUS: Counterclaim Filed Oct. 29, 2010
D.Nev.: Free Speech Group Files Counterclaim Against Copyright Enforcement Firm
Las Vegas Sun
The counterclaim says there was no infringement of a Review-Journal story that was displayed on the www.nobodycases.com website [owned by Dibiase] because the display was protected by the fair use doctrine of copyright law. The attorneys say that’s partly because the story at issue is still available for free on the Review-Journal website while Righthaven has no plans to use the story in ways copyright holders normally do — by reproducing it, making derivative works of it or selling, leasing or publicly displaying it.
http://www.lasvegassun.com/news/2010/oct/30/free-speech-group-files-counterclaim-against-copyr/
--Counterclaim: Righthaven LLC v. Dibiase
http://www.scribd.com/doc/40515497/DiBiase-Answer-and-Counterclaim
See also:
D.Nev.: Criminal Justice Blog Battles Copyright Troll
Electronic Frontier Foundation
DiBiase was sued by Righthaven for copyright infringement of a Review-Journal news story about a "no body" case, with Righthaven demanding control of the No Body Murder Cases website as well as $75,000 in damages.
https://www.eff.org/press/archives/2010/11/01
--Complaint: Righthaven LLC v. Dibiase
http://www.eff.org/files/filenode/righthaven_v_dib/DiBiaseComplaint.pdf
STATUS: Order granting defendant's motion to dismiss in part
D. Nev.: Blog Won't Change Hands Despite Plagiarism Claim
Courthouse News Service
The copyright holder Righthaven cannot take over a website dedicated to "no body" murder cases to satisfy charges that the site plagiarized a Las Vegas newspaper article, a federal judge ruled. . .The company claimed that DiBiase published an article from the Las Vegas Review Journal on his website without permission, and requested a court order transferring control of DiBiase's domain name to Righthaven.
http://www.courthousenews.com/2011/04/19/35929.htm
STATUS: Counterclaim Filed Oct. 29, 2010
D.Nev.: Free Speech Group Files Counterclaim Against Copyright Enforcement Firm
Las Vegas Sun
The counterclaim says there was no infringement of a Review-Journal story that was displayed on the www.nobodycases.com website [owned by Dibiase] because the display was protected by the fair use doctrine of copyright law. The attorneys say that’s partly because the story at issue is still available for free on the Review-Journal website while Righthaven has no plans to use the story in ways copyright holders normally do — by reproducing it, making derivative works of it or selling, leasing or publicly displaying it.
http://www.lasvegassun.com/news/2010/oct/30/free-speech-group-files-counterclaim-against-copyr/
--Counterclaim: Righthaven LLC v. Dibiase
http://www.scribd.com/doc/40515497/DiBiase-Answer-and-Counterclaim
See also:
D.Nev.: Criminal Justice Blog Battles Copyright Troll
Electronic Frontier Foundation
DiBiase was sued by Righthaven for copyright infringement of a Review-Journal news story about a "no body" case, with Righthaven demanding control of the No Body Murder Cases website as well as $75,000 in damages.
https://www.eff.org/press/archives/2010/11/01
--Complaint: Righthaven LLC v. Dibiase
http://www.eff.org/files/filenode/righthaven_v_dib/DiBiaseComplaint.pdf
Righthaven LLC v. Mostofi
STATUS: Defendant's motion to dismiss denied March 22, 2011
D. Nev.: Righthaven wins round in litigation campaign
Las Vegas Sun
One of Righthaven LLC's long-running copyright infringement lawsuits will continue in federal court in Las Vegas after a judge denied motions to dismiss or for a change of venue. The ruling against Dean Mostofi illustrates something for Righthaven defendants: While two Righthaven defendants have defeated Righthaven on fair use grounds, motions for dismissal based on jurisdictional grounds continue to fail.
http://www.lasvegassun.com/news/2011/mar/29/righthaven-wins-round-litigation-campaign/
--Order Denying Motion to Dismiss: Righthaven v. Mostofi
http://ia600101.us.archive.org/2/items/gov.uscourts.nvd.74506/gov.uscourts.nvd.74506.19.0.pdf
See also:
--Plaintiff's Complaint: Righthaven v. Mostofi
http://ia600101.us.archive.org/2/items/gov.uscourts.nvd.74506/gov.uscourts.nvd.74506.1.0.pdf
D. Nev.: Righthaven wins round in litigation campaign
Las Vegas Sun
One of Righthaven LLC's long-running copyright infringement lawsuits will continue in federal court in Las Vegas after a judge denied motions to dismiss or for a change of venue. The ruling against Dean Mostofi illustrates something for Righthaven defendants: While two Righthaven defendants have defeated Righthaven on fair use grounds, motions for dismissal based on jurisdictional grounds continue to fail.
http://www.lasvegassun.com/news/2011/mar/29/righthaven-wins-round-litigation-campaign/
--Order Denying Motion to Dismiss: Righthaven v. Mostofi
http://ia600101.us.archive.org/2/items/gov.uscourts.nvd.74506/gov.uscourts.nvd.74506.19.0.pdf
See also:
--Plaintiff's Complaint: Righthaven v. Mostofi
http://ia600101.us.archive.org/2/items/gov.uscourts.nvd.74506/gov.uscourts.nvd.74506.1.0.pdf
Righthaven LLC v. Freedom Force Communications
STATUS: Defendants' answer and counterclaim filed March 15, 2011
D. Col.: Righthaven faces seventh counterclaim over copyright lawsuits
Las Vegas Sun
Las Vegas newspaper copyright enforcer Righthaven LLC was hit with a seventh counterclaim Tuesday, this time over one of its lawsuits over the Denver Post TSA pat-down photo. Attorneys Natalie Hanlon-Leh and Spencer Ross of the firm Faegre & Benson LLP in Denver filed the counterclaim in behalf of Freedom Force Communications, The Say Anything Blog, Scott Hennen and Rob Port. They were sued Feb. 4 after the photo appeared on the Minot, N.D.-based sayanythingblog.com website. . . The Say Anything Blog answer and counterclaim to the copyright infringement lawsuit charged, without elaboration, that Righthaven lacks standing to assert the copyright infringement claim.
http://www.lasvegassun.com/news/2011/mar/16/righthaven-faces-seventh-counterclaim-over-copyrig/
--Defendants' Answer and Counterclaim: Righthaven v. Freedom Force Communications
http://ia600405.us.archive.org/31/items/gov.uscourts.cod.124196/gov.uscourts.cod.124196.15.0.pdf
See also:
--Plaintiff's Complaint: Righthaven v. Freedom Force Communications
http://www.scribd.com/doc/50893375/Complaint
D. Col.: Righthaven faces seventh counterclaim over copyright lawsuits
Las Vegas Sun
Las Vegas newspaper copyright enforcer Righthaven LLC was hit with a seventh counterclaim Tuesday, this time over one of its lawsuits over the Denver Post TSA pat-down photo. Attorneys Natalie Hanlon-Leh and Spencer Ross of the firm Faegre & Benson LLP in Denver filed the counterclaim in behalf of Freedom Force Communications, The Say Anything Blog, Scott Hennen and Rob Port. They were sued Feb. 4 after the photo appeared on the Minot, N.D.-based sayanythingblog.com website. . . The Say Anything Blog answer and counterclaim to the copyright infringement lawsuit charged, without elaboration, that Righthaven lacks standing to assert the copyright infringement claim.
http://www.lasvegassun.com/news/2011/mar/16/righthaven-faces-seventh-counterclaim-over-copyrig/
--Defendants' Answer and Counterclaim: Righthaven v. Freedom Force Communications
http://ia600405.us.archive.org/31/items/gov.uscourts.cod.124196/gov.uscourts.cod.124196.15.0.pdf
See also:
--Plaintiff's Complaint: Righthaven v. Freedom Force Communications
http://www.scribd.com/doc/50893375/Complaint
Righthaven LLC v. Pajamas Media, Inc.
STATUS: Complaint filed Jan 28th, 2011
D.Col.: Righthaven Goes After Pajamas Media, Despite DMCA Agent & Strong Fair Use Case
TechCrunch
Historically, Righthaven has been careful to avoid websites that have registered a DMCA agent, knowing that under the DMCA it's supposed to issue a takedown notice before suing. However, this case, in going after the successful blog network Pajamas Media, appears to ignore the fact that Pajamas Media has registered.
http://www.techdirt.com/articles/20110203/04505512939/righthaven-goes-after-pajamas-media-despite-dmca-agent-strong-fair-use-case.shtml
--Complaint: Righthaven LLC v. Pajamas Media, Inc.
http://www.scribd.com/doc/47970881/Righthaven-v-Pajamas-Media-Complaint
D.Col.: Righthaven Goes After Pajamas Media, Despite DMCA Agent & Strong Fair Use Case
TechCrunch
Historically, Righthaven has been careful to avoid websites that have registered a DMCA agent, knowing that under the DMCA it's supposed to issue a takedown notice before suing. However, this case, in going after the successful blog network Pajamas Media, appears to ignore the fact that Pajamas Media has registered.
http://www.techdirt.com/articles/20110203/04505512939/righthaven-goes-after-pajamas-media-despite-dmca-agent-strong-fair-use-case.shtml
--Complaint: Righthaven LLC v. Pajamas Media, Inc.
http://www.scribd.com/doc/47970881/Righthaven-v-Pajamas-Media-Complaint
Righthaven LLC v. Neveu
STATUS: Neveu's Counterclaim filed on Dec 14th, 2010
Nev. Dist.: Third Defendant Countersues Righthaven, Stephens Media
Las Vegas Sun
Thomas Neveu of Dorchester, Mass., filed the counterclaim in U.S. District Court for Nevada on Tuesday against Review-Journal owner Stephens Media LLC and Stephens Media's copyright enforcement partner, Righthaven LLC. Neveu becomes the third Righthaven defendant to sue Stephens Media and Righthaven and his complaint was patterned after the others filed by attorneys for the online freedom of speech and privacy group the Electronic Frontier Foundation.
http://www.lasvegassun.com/news/2010/dec/15/third-defendant-countersues-righthaven-stephens-me/
--Complaint: Righthaven v. Neveu
http://www.scribd.com/doc/38311922/Complaint-Right-Haven
Nev. Dist.: Third Defendant Countersues Righthaven, Stephens Media
Las Vegas Sun
Thomas Neveu of Dorchester, Mass., filed the counterclaim in U.S. District Court for Nevada on Tuesday against Review-Journal owner Stephens Media LLC and Stephens Media's copyright enforcement partner, Righthaven LLC. Neveu becomes the third Righthaven defendant to sue Stephens Media and Righthaven and his complaint was patterned after the others filed by attorneys for the online freedom of speech and privacy group the Electronic Frontier Foundation.
http://www.lasvegassun.com/news/2010/dec/15/third-defendant-countersues-righthaven-stephens-me/
--Complaint: Righthaven v. Neveu
http://www.scribd.com/doc/38311922/Complaint-Right-Haven
Righthaven LLC v. Realty One Group Inc.
STATUS: Defendant's Motion to Dismiss granted on Oct. 18, 2010
D.Nev.: Righthaven Loses Lawsuit Against Blogger
MediaPost
A blogger who used eight sentences of a 30-sentence Las Vegas Review-Journal article has prevailed in a lawsuit brought by copyright enforcement outfit Righthaven. U.S. District Court Judge Larry Hicks ruled that realtor Michael Nelson, who also blogs about home ownership, is protected by the fair use doctrine.
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=138060
--Order: Righthaven LLC v. Realty One Group Inc.
http://ia700107.us.archive.org/18/items/gov.uscourts.nvd.74413/gov.uscourts.nvd.74413.17.0.pdf
See also:
--Complaint: Righthaven LLC v. Realty One Group Inc.
http://www.scribd.com/doc/35306083/Righthaven-Copyright-Infringement-Complaint-against-Realty-One-Group-Inc-et-al
UPDATE (10/27/10)
D.Nev.: Righthaven Files 2 Copyright Lawsuits, Settles 3
Las Vegas Sun
Two website operators were sued for copyright infringement Tuesday by Righthaven LLC, boosting Righthaven's lawsuit total since March to at least 159.
http://www.lasvegassun.com/news/2010/oct/27/righthaven-files-2-copyright-lawsuits-settles-3/
--Complaint: Righthaven LLC v. Karban
http://dockets.justia.com/docket/nevada/nvdce/2:2010cv01880/77053/
--Complaint: Righthaven LLC v. The Ad Network, Inc.
http://dockets.justia.com/docket/nevada/nvdce/2:2010cv01879/77052/
D.Nev.: Righthaven Loses Lawsuit Against Blogger
MediaPost
A blogger who used eight sentences of a 30-sentence Las Vegas Review-Journal article has prevailed in a lawsuit brought by copyright enforcement outfit Righthaven. U.S. District Court Judge Larry Hicks ruled that realtor Michael Nelson, who also blogs about home ownership, is protected by the fair use doctrine.
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=138060
--Order: Righthaven LLC v. Realty One Group Inc.
http://ia700107.us.archive.org/18/items/gov.uscourts.nvd.74413/gov.uscourts.nvd.74413.17.0.pdf
See also:
--Complaint: Righthaven LLC v. Realty One Group Inc.
http://www.scribd.com/doc/35306083/Righthaven-Copyright-Infringement-Complaint-against-Realty-One-Group-Inc-et-al
UPDATE (10/27/10)
D.Nev.: Righthaven Files 2 Copyright Lawsuits, Settles 3
Las Vegas Sun
Two website operators were sued for copyright infringement Tuesday by Righthaven LLC, boosting Righthaven's lawsuit total since March to at least 159.
http://www.lasvegassun.com/news/2010/oct/27/righthaven-files-2-copyright-lawsuits-settles-3/
--Complaint: Righthaven LLC v. Karban
http://dockets.justia.com/docket/nevada/nvdce/2:2010cv01880/77053/
--Complaint: Righthaven LLC v. The Ad Network, Inc.
http://dockets.justia.com/docket/nevada/nvdce/2:2010cv01879/77052/
Righthaven, LLC v. Klerks
D. Nev.: Blogger Sued By Copyright Troll Argues He Had 'Implied License'
MediaPost
The blogger, Jan Klerks, who publishes the noncommercial site www.skyscrapercity.com, about urban development, argues that the newspaper granted him an implied license to republish its articles by encouraging readers to save the pieces and send them to others.
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=133992&nid=117735
--Defendant Motion to Set Aside Default: Righthaven, LLC v. Klerks: http://www.scribd.com/doc/36092756/Motion-to-Set-Aside-Default-Righthaven-v-Klerks
See also:
Website operators use new defenses to fight R-J copyright suits
Las Vegas Sun
http://m.lasvegassun.com/news/2010/aug/18/website-operators-use-new-defenses-fight-r-j-copyr/
UPDATE (10/11/10)
D. Nev.: Sharron Angle signals interest in settling copyright lawsuit
Las Vegas Sun
Republican U.S. Senate candidate Sharron Angle is signaling she's interested in settling a copyright infringement lawsuit filed against her by the Las Vegas Review-Journal's copyright enforcement partner.
http://www.lasvegassun.com/news/2010/oct/09/sharron-angle-signals-interest-settling-copyright
Complaint: Righthaven v. Angle:
http://www.scribd.com/doc/36931569/Right-Haven-v-Angle
UPDATE (9/21/10):
D. Nev.: Judge Says Blogger Sued By Righthaven Might Have Fair-Use Defense
Media Post
In her eight-page ruling [granting defendant's motion to set aside default], Navarro wrote that Klerks has at least two meritorious defenses to an infringement action -- that he made fair use of the newspaper's material, and that the newspaper granted him an implied license.
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=136044%3C/a
--Order to Grant Defendant's Motion to Set Aside Default: Righthaven, LLC v. Klerks:
http://www.scribd.com/doc/37812449/Righthaven-v-Klerks
MediaPost
The blogger, Jan Klerks, who publishes the noncommercial site www.skyscrapercity.com, about urban development, argues that the newspaper granted him an implied license to republish its articles by encouraging readers to save the pieces and send them to others.
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=133992&nid=117735
--Defendant Motion to Set Aside Default: Righthaven, LLC v. Klerks: http://www.scribd.com/doc/36092756/Motion-to-Set-Aside-Default-Righthaven-v-Klerks
See also:
Website operators use new defenses to fight R-J copyright suits
Las Vegas Sun
http://m.lasvegassun.com/news/2010/aug/18/website-operators-use-new-defenses-fight-r-j-copyr/
UPDATE (10/11/10)
D. Nev.: Sharron Angle signals interest in settling copyright lawsuit
Las Vegas Sun
Republican U.S. Senate candidate Sharron Angle is signaling she's interested in settling a copyright infringement lawsuit filed against her by the Las Vegas Review-Journal's copyright enforcement partner.
http://www.lasvegassun.com/news/2010/oct/09/sharron-angle-signals-interest-settling-copyright
Complaint: Righthaven v. Angle:
http://www.scribd.com/doc/36931569/Right-Haven-v-Angle
UPDATE (9/21/10):
D. Nev.: Judge Says Blogger Sued By Righthaven Might Have Fair-Use Defense
Media Post
In her eight-page ruling [granting defendant's motion to set aside default], Navarro wrote that Klerks has at least two meritorious defenses to an infringement action -- that he made fair use of the newspaper's material, and that the newspaper granted him an implied license.
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=136044%3C/a
--Order to Grant Defendant's Motion to Set Aside Default: Righthaven, LLC v. Klerks:
http://www.scribd.com/doc/37812449/Righthaven-v-Klerks
Dane v. Gawker
C.D. Cal.: Gawker Settles Case Over Eric Dane Sex Tape, Removes Clips
MediaPost
Gawker Media has settled a copyright infringement lawsuit by Eric Dane and his wife Rebecca Gayheart stemming from Gawker's posting of a sex tape made by the couple, according to court papers filed this week.
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=132914&nid=117103See also:
Gawker Settles Lawsuit, Removes “McSteamy” Sex Tape
Mediaite
http://www.mediaite.com/online/gawker-settles-lawsuit-removes-mcsteamy-sex-tape/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+mediaite%2FClHj+%28Mediaite%29&utm_content=Bloglines
Jones v. Minkin, Civil No. 09-23256 (S.D. Fla. filed Oct. 27, 2009).
Status: Withdrawn.
On Aug. 22, 2007, University of Miami School of Law professor Donald Jones was arrested for allegedly offering an undercover officer $20 for sex, a charge that he plead not guilty to and was eventually dropped and expunged. The "Above the Law" blog, however, reported on the arrest on Oct. 17, 2007, with follow-up posts the next day, Oct. 27 (noting a Miami Herald story on the arrest) and Oct. 29. In October 2009, Jones sued the owner of the blog, along with its publisher and managing editor, making claims of false light, invasion of privacy, and copyright (for photos of Jones posted on the blog). He dropped the suit n earl November.
Links and Court Documents:
Complaint
Lawsuit of the Day: Jones v. Minkin (Above the Law blog, Nov. 3, 2009).
Status: Withdrawn.
On Aug. 22, 2007, University of Miami School of Law professor Donald Jones was arrested for allegedly offering an undercover officer $20 for sex, a charge that he plead not guilty to and was eventually dropped and expunged. The "Above the Law" blog, however, reported on the arrest on Oct. 17, 2007, with follow-up posts the next day, Oct. 27 (noting a Miami Herald story on the arrest) and Oct. 29. In October 2009, Jones sued the owner of the blog, along with its publisher and managing editor, making claims of false light, invasion of privacy, and copyright (for photos of Jones posted on the blog). He dropped the suit n earl November.
Links and Court Documents:
Complaint
Lawsuit of the Day: Jones v. Minkin (Above the Law blog, Nov. 3, 2009).
Law Professor Sues Above the Law Blog, Alleging 'Viciously Racist Series of Rants' (National Law Journal, Nov. 3, 2009)
Professor withdraws lawsuit against 'Above the Law' (National Law Journal, Nov. 5, 2009)
Professor withdraws lawsuit against 'Above the Law' (National Law Journal, Nov. 5, 2009)
Kruska v. Perverted Justice Foundation, No. 2:08-cv-00054 (D. Arizona
Status: Dismissed; appeal dismissed, No. 09-15426 (9th Cir. mandate May 21, 2009).
After journalist Jan Kruska expressed her opinion on the over breadth of anti-pedophile laws, several websites, including www.jankruska.com and www.jankruska.net, (both registered through defendant GoDaddy.com), posted allegations that Kruska was herself a convicted pedophile and child molester.
Kruska filed a complaint alleging both state and federal tort and criminal actions against these websites and several affiliated individuals, including Barbara Ochoa, who Kruska claims threatened her if she did not remover her “entire web presence.”
The court granted Ochoa’s motion to dismiss, and dismissed the claims against GoDaddy.com under section 230 of the Communications Decency Act. Kruska appealed, but the appellate court dismissed the appeal.
Links and Court Documents:
www.citmedialaw.org/threats/kruska-v-perverted-justice-foundation
Complaint: http://docs.justia.com/cases/federal/district-courts/arizona/azdce/2:2008cv00054/366532/1/
http://blog.ericgoldman.org/archives/2008/07/godaddy_gets_23.htm
http://cyberlaw.stanford.edu/packet/200902/arizona-district-court-rules-website-targeting-plaintiff-does-not-crea
Order granting motion to dismiss by GoDaddy.com and defendant Bob Parsons: http://cyberlaw.stanford.edu/packet/200902/arizona-district-court-rules-website-targeting-plaintiff-does-not-crea
Status: Dismissed; appeal dismissed, No. 09-15426 (9th Cir. mandate May 21, 2009).
After journalist Jan Kruska expressed her opinion on the over breadth of anti-pedophile laws, several websites, including www.jankruska.com and www.jankruska.net, (both registered through defendant GoDaddy.com), posted allegations that Kruska was herself a convicted pedophile and child molester.
Kruska filed a complaint alleging both state and federal tort and criminal actions against these websites and several affiliated individuals, including Barbara Ochoa, who Kruska claims threatened her if she did not remover her “entire web presence.”
The court granted Ochoa’s motion to dismiss, and dismissed the claims against GoDaddy.com under section 230 of the Communications Decency Act. Kruska appealed, but the appellate court dismissed the appeal.
Links and Court Documents:
www.citmedialaw.org/threats/kruska-v-perverted-justice-foundation
Complaint: http://docs.justia.com/cases/federal/district-courts/arizona/azdce/2:2008cv00054/366532/1/
http://blog.ericgoldman.org/archives/2008/07/godaddy_gets_23.htm
http://cyberlaw.stanford.edu/packet/200902/arizona-district-court-rules-website-targeting-plaintiff-does-not-crea
Order granting motion to dismiss by GoDaddy.com and defendant Bob Parsons: http://cyberlaw.stanford.edu/packet/200902/arizona-district-court-rules-website-targeting-plaintiff-does-not-crea
Sedgwick Claims Management Servs., Inc. v. Delsman, No. C 09-1468 SBA (N.D. Cal. 2009).
Status: Defense motion to dismiss granted (July 16, 2009).
Sedgwick Claims Management Services sued Robert A. Delsman, Jr., who was denied a disability claim by Sedgwick, and has criticized the company on his blogs, gesupplydiscrimination.com; Sedgwickcms.blogspot.com; and gesupplyrexeldiscrimination.com.
The company sued for defamation over the blog postings, and for copyright infringement for Delsman's use of photographs of two Sedgwick executives, altered to appear like Adolph Hitler and Heinrich Himler, on "Wanted" posters on postcards sent to Sedgwick employees.
The court dismissed the case, holding that Delsman's use of the phorographs was fair use, and dismissing the other claims under California's anti-SLAPP statute.
Links and Court Documents:
http://volokh.com/archives/archive_2009_07_19-2009_07_25.shtml#1248388260
Ruling dismissing case: http://volokh.com/files/sedgwick.pdf
Status: Defense motion to dismiss granted (July 16, 2009).
Sedgwick Claims Management Services sued Robert A. Delsman, Jr., who was denied a disability claim by Sedgwick, and has criticized the company on his blogs, gesupplydiscrimination.com; Sedgwickcms.blogspot.com; and gesupplyrexeldiscrimination.com.
The company sued for defamation over the blog postings, and for copyright infringement for Delsman's use of photographs of two Sedgwick executives, altered to appear like Adolph Hitler and Heinrich Himler, on "Wanted" posters on postcards sent to Sedgwick employees.
The court dismissed the case, holding that Delsman's use of the phorographs was fair use, and dismissing the other claims under California's anti-SLAPP statute.
Links and Court Documents:
http://volokh.com/archives/archive_2009_07_19-2009_07_25.shtml#1248388260
Ruling dismissing case: http://volokh.com/files/sedgwick.pdf
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