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
Showing posts with label Counterclaims. Show all posts
Showing posts with label Counterclaims. Show all posts
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. 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. 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. 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
Veranda Partners LLC v. Giles, No. 07 CA 2622 (Fla. Cir. Ct ., Orange County filed March 13, 2007).
Status: Summary judgment granted; blogger awarded $180,000 for attorney fees
The developer of a community in central Florida sued area resident Larry Giles over his website, www.verandaparknews.com (now archived at here), criticizing the development’s spending and landscaping. Giles responded with a motion to dismiss the suit under Florida’s anti-SLAPP statute and a counterclaim for abuse of process. After plaintiffs changed attorneys and then did pursue the case, the defense renewed its motions, which the court granted. The court also entered a default verdict on the counterclaims, awarding Giles triple his attorney’s fees, a total of $180,407.69, under Florida’s anti-SLAPP statute.
Links and Court Documents:
http://www.citmedialaw.org/veranda-partners-v-giles-lawsuit
http://www.orlandosentinel.com/news/local/orange/orl-mgiles2807mar28,0,2382483.story?coll=orl-home-headlines
http://www.orlandosentinel.com/orl-slapp0707apr07,0,7548827.story
Complaint: http://mworlando.files.wordpress.com/2007/05/complaint-veranda-giles.pdf
Answer: http://mworlando.files.wordpress.com/2007/05/answer.pdf
Defendant’s counter-claims: http://mworlando.files.wordpress.com/2007/05/counterclaim.pdf
Other case documents: http://mworlando.wordpress.com/the/; also http://randazza.wordpress.com/2007/04/13/an-ongoing-defamation-suit/; http://www.verandaparknews.com/
Final default judgement against plaintiff: http://www.citmedialaw.org/sites/citmedialaw.org/files/2008-09-11-Final%20Default%20Judgment%20Against%20Veranda%20Partners.pdf
Status: Summary judgment granted; blogger awarded $180,000 for attorney fees
The developer of a community in central Florida sued area resident Larry Giles over his website, www.verandaparknews.com (now archived at here), criticizing the development’s spending and landscaping. Giles responded with a motion to dismiss the suit under Florida’s anti-SLAPP statute and a counterclaim for abuse of process. After plaintiffs changed attorneys and then did pursue the case, the defense renewed its motions, which the court granted. The court also entered a default verdict on the counterclaims, awarding Giles triple his attorney’s fees, a total of $180,407.69, under Florida’s anti-SLAPP statute.
Links and Court Documents:
http://www.citmedialaw.org/veranda-partners-v-giles-lawsuit
http://www.orlandosentinel.com/news/local/orange/orl-mgiles2807mar28,0,2382483.story?coll=orl-home-headlines
http://www.orlandosentinel.com/orl-slapp0707apr07,0,7548827.story
Complaint: http://mworlando.files.wordpress.com/2007/05/complaint-veranda-giles.pdf
Answer: http://mworlando.files.wordpress.com/2007/05/answer.pdf
Defendant’s counter-claims: http://mworlando.files.wordpress.com/2007/05/counterclaim.pdf
Other case documents: http://mworlando.wordpress.com/the/; also http://randazza.wordpress.com/2007/04/13/an-ongoing-defamation-suit/; http://www.verandaparknews.com/
Final default judgement against plaintiff: http://www.citmedialaw.org/sites/citmedialaw.org/files/2008-09-11-Final%20Default%20Judgment%20Against%20Veranda%20Partners.pdf
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