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Righthaven LLC is a copyright-enforcement company established in early 2010. Based in Las Vegas, Nevada; it signed an agreement from partner newspapers after finding that their content had been copied to an online site without permission, to engage in litigation against the site owner for copyright infringement. The lawsuit was heavily criticized by commentators, who described the activity as copyright trolling and the company as a "lawsuit factory". CEO of Righthaven LLC, Steven Gibson, who is currently a partner at the Las Vegas law firm, Gibson & amp; True LLP, regularly speaking to the media about Righthaven.

Although his strategy was initially successful, it was canceled in 2011 when some judges argued that since Righthaven did not really own the copyright, it did not have the right to prosecute the offense. The company was forced to become a curator in November 2011 due to the tremendous legal costs to a successful defendant. In January 2012, its domain name, righthaven.com, was sold at auction to help meet its debts. In March 2013, Stephens Media bought back what copyright they had transferred to Righthaven, allowing Righthaven Receivership Estate to pay off legal fees.


Video Righthaven



Legal Charges

Righthaven initially entered into an agreement on an old news article from Stephens Media, a publisher of the Las Vegas Review-Journal, based on a business model suing bloggers, other Internet writers, and Internet site operators for compensation for having reproduced articles on the site they are without permission. The affiliate of Stephens Media has half of Righthaven. As of March 24, 2011, 255 cases have been filed. Typically, Righthaven has requested $ 75,000 and submitted the domain name of each alleged offender, but received a court settlement of several thousand dollars per defendant. As of December 2010 about 70 cases have been resolved.

The Electronic Frontier Foundation (EFF) immediately handled the case on behalf of several defendants. Kurt Opsahl, an EFF lawyer, said, "Regardless of what Righthaven claims, it's hard to interpret this lawsuit as anything other than a way to bully Internet users into paying for unnecessary settlements."

In August 2010, the company signed an agreement with WEHCO Media in Arkansas to take similar action. Later, he made a similar arrangement with the Media News Group, the publisher of San Jose Mercury News.

In December 2010, Righthaven began suing site operators for published graphics and photos, as well as extending its coverage to material originally published by Denver Post and other newspapers. The moon filed more than a dozen lawsuits over the "Vdara death ray" graphic illustration that has become viral.

In April 2011, a federal judge dismantled an agreement between Righthaven and Stephens Media, revealing that Stephens' media received 50% of the proceeds (after deducting fees). In addition, the lawyer for one of the defendants claimed that the agreement only grants limited copyright rights of Stephens Media, in particular, only the right to demand. Some defense attorneys argue that a person should have full ownership to have the right to sue, which could damage lawsuits related to the Review-Journal material.

On June 14, 2011, Federal District Court Judge Roger L. Hunt ruled that Righthaven had no right to prosecute copyright infringement, arguing that the original party retained the actual copyright. Hunt also dressed Righthaven for misrepresenting his financial connection to Stephens Media. Among other sanctions imposed by Hunt, Righthaven was fined US $ 5,000 for misinterpretation.

On August 15, 2011, after losing in the case dealt with by Marc Randazza Righthaven was ordered to pay $ 34,045.50 in attorneys' fees and court fees in his unsuccessful lawsuit against Wayne Hoehn. Righthaven has sued Hoehn for copying the Review-Journal editorial to the blog. Federal Judge Philip Pro found that Righthaven had no right to prosecute, and however Hoehn's post was protected by fair use. The issue was then brought to appeal in the 9th Appeals Court of Appeal in California, which upheld the dismissal and consideration of attorneys' fees.

Bankruptcy

On September 7, 2011, Legal Wings Inc., the process server used by Righthaven between May and October 2010, filed a lawsuit against Righthaven in the Las Vegas Township Town Court for an unpaid bill of $ 5,670.

On September 8, 2011, MediaNews Group announced it had terminated its agreement with Righthaven at the end of the month. The company's new CEO, John Paton, called Righthaven's "stupid idea from the start" and went on to say that if he became CEO at the time of the decision, he would never sign it.

On October 26, 2011, Righthaven was ordered to pay $ 119,488 in lawyer fees and court costs in his lawsuit against former federal prosecutor Thomas DiBiase. Righthaven has sued DiBiase for posting a Review-Journal story about an unlawful murder case. Hunt, who also led the Underground Underground case, dumped the Righthaven summer suit after finding Righthaven unchallenged.

On October 29, 2011, Wayne Hoehn asked Pro to seize Righthaven's assets, including bank accounts and properties, to provide Hoehn's legal fee payment from August 2011 decisions. The company previously postponed payments to avoid bankruptcy.

On November 1, 2011, Pro authorized the US Marshalls Service to use reasonable force to seize $ 63,000 in cash and assets from Righthaven to pay Hoehn's legal fees. The amount includes additional fees and fees from three months of delays. When it was discovered that a company bank account was held for less than $ 1,000, the court issued an order for Righthaven to deliver its intellectual property to a court-appointed beneficiary for sale at auction. Righthaven did not comply with the deadline of December 19, 2011, and filed an emergency appeal with the 9th US Circuit Court of Appeals in San Francisco to stop the auction from being forwarded, a movement denied on 10 January 2012.

On December 21, 2011, the domain name righthaven.com was transferred to the recipient for auction. On January 6, 2012, the domain name righthaven.com sells for $ 3,300 to a hosting service based in Switzerland with the stated goal of protecting clients from "underestimating or overly aggressive tactics".

On March 13, 2013, Righthaven's copyright on Stephens Media's assets was sold to meet its financial obligations. The proceeds from the sale are shared between the recipients of the Rightful Beneficiary, the litigant Wayne Hoehn, and Hoehn's lawyer, Marc Randazza. As declared by the recipient, "... Righthaven rights acquired from Stephens Media are resold to their original source in commercially reasonable ways, since there is no other market for them."

Maps Righthaven



Comment

The cases were covered by many newspapers and blogs. The Las Vegas Review-Journal and its main competitor, Las Vegas Sun , published a series of editorials condemning the incident. Wired magazine and others describe lawsuits as copyright trolling and equate activities with patent trolls. Most critics (and some federal judges) agree that Righthaven has sued the use of news items permitted under the doctrine of "fair use".

Lego Girls At Last: January 2013
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See also

  • Righthaven LLC v. Underground Democracy LLC
  • Fair use
  • Digital Millennium Copyright Act
  • Copyright Limits on Online Copyright Infringement Act

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References


Lego Girls At Last: January 2013
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External links

  • righthavenlawsuits.com - an unofficial site that lists the lawsuit
  • righthavenvictims.blogspot.com - unofficial site listing "victims of copyright robbery" "Hakhaven LLC robbery"
  • Court findings at Righthaven v Realty One , October 16, 2010
    • "Defendant Righthaven won the first lawsuit dismissal movement" - a newspaper report on the decision of Realty One
  • lasvegassun.com - lawsuit over TSA's obedient photo

Source of the article : Wikipedia

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