Posts Tagged ‘Las Vegas Sun’

In the Las Vegas Sun: My Take on the Rule 11 Threat Against Righthaven

Wednesday, March 2nd, 2011

Steve Green of the Las Vegas Sun interviewed me about Dana Eiser’s rule 11 motion against Righthaven:

Separately, two law professors who have been critical of Righthaven expressed skepticism about threats by Righthaven defendant Dana Eiser to ask a federal judge in South Carolina to order Righthaven to refund settlement funds from prior lawsuits.

Attorneys for Eiser made the threat Sunday as they challenged Righthaven’s standard lawsuit demand that Eiser forfeit her website domain name to Righthaven.

“I’ve never heard of anything like this, and I can’t imagine how it would work. Eiser’s heart is in the right place. I’d love to see Righthaven have to give back the settlement money, but I don’t know of any legal way of forcing them to do that,” said Eric Johnson, an associate professor of law at the University of North Dakota. “Eiser’s attorneys don’t cite any legal authority supporting their claim – at least in the motion.

“Courts perceive very strong public-policy reasons for not overturning or interfering with settlements, even when they seem very unfair,” Johnson said.

The full article also contains quote from Eric Goldman of Santa Clara University Law School. Neither Professor Goldman nor I see much prospect for success here. But I like the chutzpah.

Righthaven Now Suing Bloggers Over Graphics

Friday, January 7th, 2011

From Steve Green in the Las Vegas Sun:

We should all be grateful to the Las Vegas Sun for devoting so much coverage to the Righthaven lawsuits, and to Steve Green for doing such a good job with it.

Righthaven, Images, and Drudge

Monday, December 13th, 2010

Righthaven is now suing over photos. And they’re taking on Drudge:

Artie Can Now Meow a Sigh of Relief

Thursday, October 7th, 2010

A LAWSUIT THAT GAVE YOU PAWS: Artie, the Boston-based blogging cat, is the beneficiary of the confidential settlement of a federal lawsuit over the reposting of a newspaper article. Eight lives and counting.

The bizarre Artiegate lawsuit is over. (BLB: Purr-loined Story Gets Cat Blog Sued)

Some months ago the Las Vegas Review-Journal, through its legal henchman Righthaven, sued Allegra Wong of Boston over her blog, written from the perspective of her cat, Artie, which allegedly reposted an LVRJ story about a fire at a bird sanctuary.

After bashing Wong, who is, or was, unemployed, with a claim for $75,000, Righthaven has now agreed to dismiss the matter pursuant to  a confidential settlement, as reported by Steve Green in the Las Vegas Sun. (Look at the last few paragraphs of the story.)

I’m guessing that something like $20 bucks changed hands. Maybe zero. The writing was on the wall that the court was looking to give Righthaven the absolute minimum amount of damages possible.

It’s too bad that the settlement is confidential, because I can imagine it was, for Righthaven, embarrassingly low. But I’m happy for Ms. Wong and Artie.

The Sun Says Some Righthaven Defendants are Fighting Back

Wednesday, August 4th, 2010

Today, from the Las Vegas Sun:

Some targets of Righthaven lawsuits fighting back, by Steve Green

Righthaven’s claims don’t appear to be so cut and dried. The defense attorneys and some defendants without attorneys are making complex legal arguments about whether the Nevada court has jurisdiction over the out-of-state defendants, whether Righthaven itself has standing to sue and whether Righthaven failed to follow the law in filing no-warning lawsuits rather than first sending requests or takedown orders …

Righthaven’s at it Again, Syringe-Safety Group Gets Stuck, Along with Others

Friday, July 2nd, 2010

The Las Vegas Sun reported yesterday that cross-town rival newspaper, the Las Vegas Review-Journal, has six new copyright lawsuits in the courts, bringing the total to at least 56, for reposted news stories.

Individuals bloggers and a nonprofit organization that advocates for needle safety in healthcare settings are among the defendants. The suits are filed by Righthaven, who takes assignment of the LVRJ copyrights before filing suit.

According to the court filings, many of the defendants credited the Review-Journal when they reposted the story. What do we make of that? It’s pretty obvious that these people thought they were doing nothing wrong. Should copyright law make unlawful something that so many people seem to think is both legal and wholesome?

The Righthaven Review-Journal lawsuits may tell us a lot about the future of copyright and news stories online.

WIll other newspapers follow the LVRJ’s lead? Or will they decide they don’t care to pursue copyright entitlements in this way? If the industry as a whole shrugs its shoulders, it may establish a custom and practice that eventually cements into a judicial view of fair use highly permissive of reposting.

James Rainey from the LA Times on Artiegate

Thursday, June 10th, 2010

James Rainey has written a column in the Los Angeles Times on the Las Vegas Review Journal’s federal court fight against a Boston-based blogging cat and the humans who apparently lent the cat a computer. The copyright suit ensued after the blog reposted an LVRJ story about a fire at a bird sanctuary. (My original post on Artiegate is here.)

“The newspaper people had me pretty much in their corner until they went after the cat people,” Rainey writes.

For the column, Rainey spoke with the Review Journal’s in-house lawyer, and Rainey hints that the LVRJ’s lawyer, who apparently is not involved in the litigation, may have found the lawsuit against Artie’s humans a bit uncomfortable:

The paper’s in-house counsel, Hinueber, seemed to have a sense that his paper effectively had blasted a small tabby with a howitzer. He didn’t promise to drop the suit, but offered: “I just learned about the filing on the cat thing. I’m going to talk to [Righthaven] about that.”

Righthaven is the plaintiff in the lawsuit. Righthaven acquires copyrights to articles from the Review Journal before filing suit against the alleged infringers.

Purr-loined Story Gets Cat Blog Sued

Tuesday, June 8th, 2010

ALLEGED COPYCAT: Artie, a cat living in Boston, Mass., is the supposed author of a blog that has been sued for reposting a newspaper story about a bird sanctuary.

The Las Vegas Sun reports that its rival newspaper, the Las Vegas Review Journal, has partnered with a company called Righthaven LLC to sue bloggers and others for copyright infringement for reposting Review Journal stories, or portions of stories, on the web.

A total of 34 defendants have been sued in such suits, according to the Sun, the latest group of which includes Allegra and Emerson Wong of Boston, Mass., who have a noncommercial blog about cats: City Feline Blog, written from the perspective of a cat.

Righthaven, the plaintiff in the suits, apparently finds Review Journal stories reposted elsewhere on the web, acquires the copyrights from the Review Journal, and then files suit against the reposters.

The Sun reports that the complaints, filed in federal court in Las Vegas, have generally sought $75,000 in damages, and at least four of the lawsuits have been settled. The amount of the settlement for one of the lawsuits is known: NORML – the National Organization for the Reform of Marijuana Laws – agreed to pay $2,185 to have their action dismissed.

According to the Sun’s review of the court filing, the amount of $2,185  was arrived at by NORML by calculating the maximum amount of the Review Journal’s lost revenue – based on the reposted story’s visitors and the Review Journal’s news archive access fee, and then tripling that amount. The Sun pointed out that NORML’s attorneys’ fees to that point must have easily exceeded the settlement amount. I agree that seems likely.

The NORML filing included this observation: “If Righthaven does not accept this offer, Righthaven may become obligated to pay NORML’s costs incurred after the making of this offer[.]”

I’ll note that with statutory damages, it may well have been possible for the court to award a recovery for Righthaven far in excess of $2,185. Though such a sum might well have been highly unlikely. NORML’s tactic appears then to have been to offer a high nuisance value settlement and then transfer the risk for litigation costs to Righthaven for rejecting the offer and rolling the dice to try to obtain a higher dollar amount.

The Review Journal commented on the lawsuits in their own blog post from the publisher: “Copyright theft: We’re not taking it anymore.”

In a twist, the Las Vegas Sun has, themselves, reposted the bird sanctuary story by hosting a pdf of Exhibit 1 to the complaint against the Wongs.

We’ll be waiting to see if Righthaven takes the bait and sues the Sun.