Righthaven: Obama Ties To Copyright War Deepen

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pokerkid
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Righthaven: Obama Ties To Copyright War Deepen

Post#1 » Fri Sep 03, 2010 1:42 pm

Trying to silence free speech on the net.
FUCKING cocksucking LAWYERS.
None seem to have the balls to do the right thing.
pk

Righthaven: Obama Ties To Copyright War Deepen
http://breakfornews.com/forum/viewtopic ... 6122#66122
EXCLUSIVE BY FINTAN DUNNE

Bloggers already know of the association between Barack Obama, Michelle Obama and Steve Gibson. The latter's Righthaven firm has launched a legal war on websites over alleged copyright infringement.

All three worked for Chicago Law firm Sidley Austin LLP, where Gibson and Michelle Obama coincidentally specialized in copyright-related "intellectual property" law for the firm.

I've just uncovered a further Obama link to this new copyright war.

Just two weeks ago Detroit-based Dickinson Wright PLLC acquired Steven Gibson's Las Vegas-based legal firm of Gibson Lowry Burris LLP, with Gibson becoming managing partner of what is now Dickinson's Las Vegas office.

Gibson will now have as a new Dickinson colleague Patrick Miles Jr., who works with Dickinson Wright's Grand Rapids office --one of ten satellites of the parent law firm.

Miles Jr. is currently running for the Michigan 3rd Congressional District seat which Vern Ehlers is vacating. On a Monday in early June, 2010 Miles was fortunate enough to meet personally with Obama for "just a few minutes" in Kalamazoo, MI.

"It was really good to see him," Miles told the Grand Rapids Press. "It was rare to get that time to talk with him one on one, really precious."

Miles shouldn't be so coy about his ability to engage Obama's support. After all he was a classmate of Obama's at Harvard Law School, graduating in 1991. He even helped raise the tidy sum of $250,000 for the Obama 2008 Presidential campaign. They go back a long way.

Barack, Michelle, Gibson, Miles. They all go back a long way. Maybe all four should get together and shoot the breeze about... Harvard, Sidley Austin, Dickinson Wright, Righthaven and... even copyright issues, as they pertain to uppity bloggers.

Maybe they already have.

http://fintandunne.blogspot.com/2010/09 ... t-war.html

----------------------------------------------------------------------------------------------------

NTERESTING TIMING

Quote:


The White House Blog
Releasing the Joint Strategic Plan to
Combat Intellectual Property Theft

by Victoria Espinel on June 22, 2010 at 11:15 AM EDT

I am pleased to announce that today we unveiled the Administration’s first Joint Strategic Plan to combat intellectual property theft.

The U.S. economy leads the world in innovation and creativity thanks to American inventors, artists and workers. Our ability to develop new technology, designs and artistic works supports jobs and allows us to export great new products and services around the world. Our citizens need to feel confident that they can invest in new innovation and intellectual property, knowing it will be safe from theft. Ensuring that our ideas and ingenuity are protected helps us create jobs and increase our exports......

http://www.whitehouse.gov/blog/2010/06/ ... erty-theft

pokerkid
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Posts: 7781

article continues

Post#2 » Fri Sep 03, 2010 1:45 pm

What do you call a thousand lawyers chained together at the bottom of the ocean?
A good start.
http://breakfornews.com/forum/viewtopic ... 6122#66122

But let's begin with just three lawyers:
Barak Obama, Michelle Obama and Steve Gibson.


All three worked for Chicago Law firm Sidley Austin LLP, where both
Gibson and Michelle Obama specialized in "intellectual property" law
for the firm. You know..... copyright law and such.

Now, in a totally coincidental move, Steve Gibson, via his Righthaven
firm, has launched a salvo of legal suits demanding a payoff of $75,000
from internet websites, for alleged copyright law infringements incurred
when the sites posted extracts from major media news articles.

The tactic is designed to severely damage internet free speech; and to
bolster the declining fortunes of major media --while also raking in the
RICO dollars for Mr. Gibson. When I say 'RICO,' I mean: as in racket.

The clever part that only a lawyer could have thought up, is that Gibson's
firm first identifies news articles which have been widely reprinted in part
or in full on internet sites. Gibson then buys the copyright for these news
articles from a major media client. Finally, as new owner of the copyright
for these articles, Gibson launches lawsuits against bloggers and websites.

The firm does not first issue any "cease and desist" notice warning bloggers
that they are infringing copyright. No, step one is straight to court --for
maximum intimidation.

Gibson's opening tranche of 107 lawsuits to date, features
articles first published by the Las Vegas Review-Journal.

Now it gets chilling:

Quote:
The Review-Journal’s publisher, Stephens Media in Las Vegas,
runs over 70 other newspapers in nine states, and Gibson says
he already has an agreement to expand his practice to cover
those properties. (Stephens Media declined comment, and
referred inquiries to Gibson.)

Newspaper Chain’s New Business Plan: Copyright Suits
from Wired, by David Kravets - July 22, 2010


So if Gibson gets away with this first nibble at internet websites, he
can scale up to target many more websites based on articles from
70 further Stephens Media online newspapers. Theoretically this might
inflate the number of websites targeted by suits to around 7,000.

Doubtless other corporate media conglomerates are waiting in the
wings to contract with Gibson. All this could rival in scope the infamous
RIAA music copyright issue, with likely tens of thousands of lawsuits
coming down the legal pipe and striking websites of whom most would
lack the financial resources to fight.

Already, the websites targeted in the first wave are settling the lawsuits,
with reported payments to Gibson's firm averaging around $2,500. It's
a well chosen settlement amount by Gibson. Small enough to encourage
websites to settle -large enough to act as a intimidating threat.

If all this goes to plan, many bloggers and website owners will not be
exercising their free speech online. They will be too busy scrambling
to trawl back through their archives and delete major media articles
which might make them a target. If they don't simply decommission
their blogs and websites entirely, that is.

The music industry challenge to downloader's was innocuous in it's effect,
by comparison to this gambit. The difference is that many of the news
articles on blogs and sites are about political issues as blogger's debate
the content of online political news topics. So this is likely to deeply
affect the kind of open debate we have taken for granted.

Until now.

This is a war on free speech. A political war, led by a member of the
Chicago legal mob who has close connections to the Obama's.

If you think it's only about money and not about politics you need to factor
that the second ever Gibson's lawsuit was against the National Organization
for the Reform of Marijuana Laws. You might know them better by the
acronym NORML.

The fourth Gibson target was Citizens for Responsibility and Ethics in
Washington, Inc.. Other political targets of this internet witch hunt include:

Progressive Leadership Alliance of Nevada
Independent Political Report
Free Republic
Americans For Democratic Action
Americans For Immigration Reform
Democratic Underground
American Political Action Committee
Americans for Legal Immigration PAC
Americans Against Food Taxes
Michael A. Nystrom of DailyPaul.com

These are the opening salvos in a war on internet free speech.

One effective defensive measure by the internet blogging community
would be to blacklist media outlets who join as clients with Gibson and his
Righthaven firm. Another would be to ensure reputational damage to
corporate media which participate. Another would be so-called 'Google
Bombing' to associate such media outlets with derogatory search terms
like "hates internet free speech."

Whatever it takes, must be done --and quickly. This is a blitzkrieg war,
and before you know it before you know it this devious plot will have
deeply damaged the cause of free speech online.

By the way, you can republish some, any or all of this article.

I won't be suing you.

http://fintandunne.blogspot.com/2010/09 ... ernet.html

Also posted at:
http://www.dailypaul.com/node/143760
http://www.ronpaulforums.com/showthread.php?t=259326
_________________
Minds are like parachutes.
They only function when open.

Last edited by Fintan on Thu Sep 02, 2010 5:59 pm; edited 9 times in total
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PostPosted: Thu Sep 02, 2010 3:24 pm Post subject: Reply with quote
For Latest: Righthaven on Google News

Quote:
DAILY PAUL / MICHAEL NYSTROM SUED
BY RIGHTHAVEN LLC IN MASSIVE
BLOGGER COPYRIGHT SHAKEDOWN

by Michael Nystrom on Wed, 09/01/2010

The first I heard that I was being sued came in an email from Las Vegas
Sun reporter Steve Green. Green and the Las Vegas Sun have been
doing a tremendous job covering the saga of Righthaven LLC, a firm that
has filed 107 suits against bloggers and website owners since March of
this year, including one yesterday against yours truly......

Most of the content on the Daily Paul is user-generated, and my
understanding has always been that I am protected by the DMCA against
liability for user uploaded content. Under the law, standard procedure is
for the copyright holder to contact the website owner and ask that the
offending content be removed. This is a request that I have complied with
numerous times for other parties. In this particular case, I was never
contacted by Righthaven, nor the Las Vegas Review Journal, nor, as far
as I can tell, were any of the other 107 defendants.....

READ MORE: http://www.dailypaul.com/node/143700


Quote:
Newspaper Chain’s New Business Plan: Copyright Suits

By David Kravets - July 22, 2010

Steve Gibson has a plan to save the media world’s financial crisis — and it’s not the iPad.

Borrowing a page from patent trolls, the CEO of fledgling Las Vegas-based Righthaven has begun buying out the copyrights to newspaper content for the sole purpose of suing blogs and websites that re-post those articles without permission. And he says he’s making money.

READ MORE: http://www.wired.com/threatlevel/2010/0 ... r-dollars/


Quote:
Righthaven CEO’s law firm in merger

By Steve Green - Tuesday, Aug. 24, 2010

Detroit law firm Dickinson Wright PLLC has expanded to Las Vegas by combining with Las Vegas firm Gibson Lowry Burris LLP.....

[Joining] Dickinson Wright are Steven Gibson, Jodi Donetta Lowry and J. Scott Burris, the statement said.

Gibson will be the managing partner of Dickinson Wright's Las Vegas office.

Dickinson Wright says it has more than 260 attorneys practicing in more than 40 specialty areas. Besides the Las Vegas office, it has offices in Michigan, Nashville, Phoenix, Toronto and Washington, D.C.

Gibson is also the CEO of Righthaven LLC, a Las Vegas firm that attracted national attention this year when it filed copyright infringement lawsuits against 100 website operators and bloggers who had allegedly displayed material from the Las Vegas Review-Journal without authorization.

The lawsuits, generally filed without warning, were a departure from the usual practice in the newspaper industry of asking or demanding that infringing material be removed and replaced with links before resorting to litigation.

Gibson and Righthaven say the lawsuits are necessary to deter copyright infringement, protect newspaper industry revenue and generate revenue for Righthaven.

But some defense attorneys call Righthaven's initiative a legal shakedown aimed at coercing settlements from generally mom and pop-type websites and "barratry," or the persistent incitement of litigation -- charges denied by Righthaven.....

READ MORE: http://www.lasvegassun.com/news/2010/au ... rm-merger/


Quote:

R-J accused of entrapment over copyright enforcement

pokerkid
Site Admin
Posts: 7781

JUST BREAKING....

Post#3 » Fri Sep 03, 2010 1:46 pm

JUST BREAKING....

That company Stevens Media who own
the Las Vegas Review-Journal....

Does "Stevens" ring a bell?

DONG! Exclamation Exclamation Exclamation

Quote:
I just dug up some interesting info.

Submitted by BigT on Thu, 09/02/2010 - 17:42.

It seems that "Stephens Media" was founded by Jackson Stephens in Little Rock, Arkansas.

He also founded "Systematics", which was the corporation that acquired the "PROMIS" real-time banking transaction software from Michael Inslaw.

Vince Foster and Hillary Clinton were on the Board of Directors for Systematics. This software and Systematics were all embroiled in the BCCI Banking scandal that brought down Bert Lance and revealed BCCI being a CIA banking front.

There are rumors that this may be what ended up getting Vince Foster killed. This software was able to divert banking transactions in real time to alternate destinations.

This also was going on at the same time as the Iran-Contra affair, and there were reportedly tons of drugs coming into Mena Airport during this time, as the CIA planes shuttled to-and-from South America with guns going out and drugs coming back in, and Clinton was Governor.

Web Hubbell was tied into this, and Web Hubbell's father ran the outfit that converted the planes into mules at Mena, according to Larry Nichols. Hillary Clinton was a Director for Mena Airport when she and Web Hubbell were at the Rose Law Firm in Little Rock.

Jackson Stephens was in the middle of all of this.

You should hear what Larry Nichols said about it. Larry was in the middle of it and became a whistle-blower, and paid the price for many years. He tied Dan Lassiter from Ponderosa Steakhouse involved in the drug operation, and he said that the owner of Tyson Foods also had some involvement.

Larry Nichols had his own shortwave radio show in the 1990s, and was also interviewed on alot of the Patriot Radio shows back then, such as Republic Radio station on shortwave. Larry was hounded, and beaten-up horribly numerous times, couldn't get a job anywhere, was destitute, and he still spoke out.

Maybe Larry Nichols' radio archives might exist somewhere. They make VERY interesting listening.

So folks, this "Stephens Media" was founded by a bigwig who had his fingers dirty in a lot of CIA and criminal activities.

This stuff goes DEEP into the seedy underbelly of what goes on behind the political scenes.

I haven't even mentioned half of the stuff Jackson Stephens was into.
And this is his company, named after him.

I'm sure this media company is tied in to alot of the "control network" behind the scenes, just like everything else Jackson Stephens was into.
This is part of "the beast".

SOURCE:
http://www.dailypaul.com/node/143700#comment-1528426

pokerkid
Site Admin
Posts: 7781

Daily Paul / Michael Nystrom Sued by Righthaven LLC

Post#4 » Fri Sep 03, 2010 1:49 pm

Daily Paul / Michael Nystrom Sued by Righthaven LLC in Massive Blogger Copyright Shakedown
Submitted by Michael Nystrom on Wed, 09/01/2010 - 23:08
in

http://www.dailypaul.com/node/143700

! Reddit !

The first I heard that I was being sued came in an email from Las Vegas Sun reporter Steve Green. Green and the Las Vegas Sun have been doing a tremendous job covering the saga of Righthaven LLC, a firm that has filed 107 suits against bloggers and website owners since March of this year, including one yesterday against yours truly.

Righthaven's standard shakedown seems to go as follows: The firm goes trolling the web, looking for content that from the Las Vegas Review-Journal that has been reposted on other blogs or websites. Once it finds a match, it acquires the copyright from the Review-Journal, then - without first contacting the accused blogger / website owner - files a lawsuit in Nevada Federal court. The standard damages seem to be for $75,000 and forfeiture of the domain name to Righthaven. I assume that is what I am being sued for as well, though I have yet to see it.

Most of the content on the Daily Paul is user-generated, and my understanding has always been that I am protected by the DMCA against liability for user uploaded content. Under the law, standard procedure is for the copyright holder to contact the website owner and ask that the offending content be removed. This is a request that I have complied with numerous times for other parties. In this particular case, I was never contacted by Righthaven, nor the Las Vegas Review Journal, nor, as far as I can tell, were any of the other 107 defendants.

You can see Steve Green's reportage of the suit against me at the end of this article.

The sidebar of that article contains an excellent archive of the Green's meticulous documentation of each of the 107 suits filed so far, as well as the relevance of these suits in his September 1 article, Why we are writing about the R-J copyright lawsuits

Many of the smaller bloggers have settled their cases for a few thousand dollars, leading lawyers to term this operation as a 'shakedown.' Some are unable to settle for that sum, as their websites don't make any money at all.

Of great interest to our community is that Alex Jones is also being sued by Righthaven. See here, here, and here. Alex is quoted as saying,

“This claim is totally without merit and appears to be purely predatory and I’m weighing all options with counsel including a possible counterclaim, not just to protect myself from being squeezed but also the other sites that have been sued,” said Jones, who said his national talk show is heard on 60 stations around the country.

Also being sued, according to the Las Vegas Sun, are The Armed Citizen (which has since shut down to avoid further legal trouble - see the letter on their website), Free Republic, and NORML, among many, many others.

On August 25th, the Electronic Frontier Foundation announced that they will make efforts to assist Righthaven defendants to the best of their ability. I have initiated contact, as I have absolutely no intention of settling.

Also reporting on this story:

Law.com - Birth of the Copyright Troll

Wired.com - Newspaper Chain’s New Business Plan: Copyright Suits

LA Times: - Las Vegas Review-Journal bares its claws

- - -

While it sucks for me personally to be sued, I intend to fight this battle to the end, resources permitting. I am in the process of assembling a legal team to deal with this. After I get an idea of how best to approach this, I may ask for help in creating a legal defense fund, and I hope that I can count on your support in this battle.

I want to thank the members of the Liberty community who gave me great support today as I digested this news, including bigmikedude, Kurt Wallace, Trevor Lyman, Michael Boldin of the 10th Amendment Center, and others.

Based on what I have heard so far from my fellow patriots, and what other defendants are planning, I believe that Righthaven picked the wrong community to mess with!

In the mean time, I suggest that fellow bloggers and webmasters scour your sites for any links back to lvrj.com. Righthaven has sued websites that published just four paragraphs of a 36 paragraph story, including a link. To be safe, I wouldn't even link back to those bastards at all. Who knows - they might even sue you for that.

If you have any information that may be of value, please do not hesitate to contact me using the contact button on this website above.

Thank you again for your support.

Michael

pokerkid
Site Admin
Posts: 7781

Video of LVRJ's Agent Who is Suing the Daily Paul

Post#5 » Fri Sep 03, 2010 1:52 pm

Video of LVRJ's Agent Who is Suing the Daily Paul
Submitted by Michael Nystrom on Fri, 09/03/2010 - 11:23
in
http://www.dailypaul.com/node/143805

Thanks to northstar, who found this on Google video:

http://www.google.com/search?q=righthav ... hl=en&aq=f

It is an mp4 that has to be downloaded and played locally on your computer. So far I have been unable to find it on YouTube.

See the first segment, about 4 minutes in.

pokerkid
Site Admin
Posts: 7781

Defendants in R-J copyright lawsuits speak out

Post#6 » Fri Sep 03, 2010 1:55 pm

copyright law:
Defendants in R-J copyright lawsuits speak out

By Steve Green http://www.las-vegassun.com/news/2010/a ... speak-out/

Wednesday, Aug. 4, 2010 | 2:05 a.m.
Related stories

* Legal attack dog sicked on websites accused of violating R-J copyrights)
* Some targets of Righthaven lawsuits fighting back
* Are website copyright violations hurting newspapers' bottom line?

Sun archives

* Five more R-J copyright lawsuits filed (8-3-2010)
* R-J mob source hit with copyright suit (7-27-2010)
* More copyright lawsuits filed over Review-Journal stories (7-23-2010)
* Conservative website among 3 sued over R-J copyrights (7-20-2010)
* 3 suits over alleged R-J copyright infringements bring total to 72 (7-16-10)
* 5 more suits filed over alleged R-J copyright violations (7-15-10)
* Nevada Democratic Party hit with R-J copyright lawsuit (7-9-10)
* 5 more websites face R-J copyright lawsuits (7-8-10)
* Six more suits filed over R-J copyrights (7-1-10)
* Three more websites hit with R-J copyright suits (6-29-10)
* R-J copyright suit filed against newspaper source (6-25-10)
* 3 more R-J copyright suits filed; defendant responds (6-10-10)
* 8 more websites sued over R-J copyrights; 34 total (6-5-10)
* Former news anchor among targets of new R-J copyright suits (5-30-10)
* 4 more copyright suits over R-J stories brings total to 22 (5-28-10)
* 4 more sites sued over alleged R-J copyright infringements (5-20-10)
* 14th website sued over R-J copyright allegations (5-17-10)
* More suits over alleged R-J copyrights bring number to 13 (5-14-10)
* Suits accuse groups of posting copyrighted R-J stories (5-5-10)
* Two more websites sued over posting of R-J stories (5-3-10)
* Sixth copyright suit filed over R-J stories on websites (4-26-10)
* 3 copyright suits filed over R-J stories on Web sites (4-16-10)
* Suits accuse 2 groups of posting copyrighted R-J stories online (3-17-10)

Beyond the Sun

* Wired.com: Newspaper Chain’s New Business Plan: Copyright Suits

The following are some of the nonprofits, individuals and companies sued by Righthaven.

• acdc-bootlegs.com and its owner, Nate Althoff, both accused of posting R-J material about an AC/DC concert in Las Vegas. Court records show the AC/DC bootleg website has posted numerous AC/DC concert reviews by publications including the Des Moines Register, Milwaukee Journal-Sentinel, Louisville Courier-Journal and the Kansas City Star. After the suit was filed, Althoff posted these updates on the website:

“June 28 ­­— After working with a friend-of-the-family that is a lawyer in the copyright field, we’ve found that Righthaven LLC is not willing to dismiss the lawsuit. I am currently working with them on a settlement and will end up paying a bunch of money. It appears they are not interested in taking ownership of the website or domain, so I will hopefully be able to retain that much. At this point, I’m just hoping that the settlement amount is something that I can manage. First indications are that it will be more than I’ve made overall from the site in the 6 1/2 years I’ve been running it, so it’s pretty frustrating considering I didn’t think I was doing anything wrong.”

“July 7 — Reached a settlement with Righthaven. It is what I expected, but not what I had hoped for. I will be doing some digging to come up with the total as they want it very soon.”

• Armed Citizen and two officials there, David Burnett and Clayton Cramer.

R-J stories involving citizens using guns to protect themselves allegedly were posted on the www.thearmedcitizen.com website. Cramer, a software writer and historian in Horseshoe Bend, Idaho, near Boise, said he created the nonprofit website in 2003 to document instances of firearms being used in self defense and since then has posted portions of 4,700 news stories.

This is the first instance of a news organization objecting to such a posting and Cramer said it was “astonishing” that Righthaven would file suit without it or the R-J first asking that the stories be taken off the site. He said Righthaven’s $75,000 damage claim was ridiculous given that the stories were still available on the R-J website for free — meaning, he said, that any damages that have been sustained couldn’t amount to more than a few hundred dollars.

“I’m incensed. If these attorneys feel any jury in Nevada will go along with this, they are delusional,” Cramer said.

• Commerce CRG Utah LLC, Commerce Consolidated LLC and Rodney Gibson. Righthaven says their commercial real estate website www.comre.com posted an R-J story about retail sales trends in Nevada. The website says Commerce Real Estate Solutions has offices in Las Vegas, Utah and Washington state and is part of the Cushman & Wakefield Alliance. The COMRE blog includes stories by the Las Vegas Sun, the Deseret News in Salt Lake City, Yahoo.com and other sources.

Gibson, of Commerce Real Estate Solutions called the lawsuit situation unfortunate.

“We have been pro-active in contacting the Review-Journal with research and trends reflecting the Las Vegas market. We have also participated in interviews with Review-Journal reporters, whom we respect and value as they cover a very complex industry — commercial real estate,” Gibson said in a statement. “Nearly all articles posted on our company blog, Commerce Communiqué, contain a brief about the article with a link to the full story, which takes the reader to the Review-Journal website. We posted these news items because we believed the public and our customers would benefit by reading credible stories by credible news outlets. We wanted to help direct them to the Las Vegas Review-Journal site.

“In the past, we did post several complete articles, giving full credit to the publication and author. It was always our goal to educate investors and support the Review-Journal as a responsible, balanced news outlet. As of June 10, we have removed all Las Vegas Review-Journal news briefs and links from our company blog. We find this unfortunate, because we value the relationship we have with the newsroom staff. We want our clients to read the latest stories written about market conditions in Las Vegas. We want to help fuel the economic comeback,” Gibson said.

• Free Speech Systems LLC and radio talk show host Alex Jones in Austin, Texas, who have websites called www.prisonplanet.com and www.infowars.com. Court records show four paragraphs of a blog by R-J Publisher Sherman Frederick were posted on these sites, with a link to the entire column; while message board users of the sites posted additional entire R-J stories with links. The column and stories were credited to the R-J, records show.

“This claim is totally without merit and appears to be purely predatory and I’m weighing all options with counsel including a possible counterclaim, not just to protect myself from being squeezed but also the other sites that have been sued,” said Jones, who said his national talk show is heard on 60 stations around the country.

• Anthony Fiato, a former mob enforcer turned informant who over the years has been the subject of a book by R-J columnist John L. Smith and a source for Smith’s news columns.

Fiato said he was surprised to learn of the lawsuit, since he had been unaware of any concern about him posting R-J stories on his website.

“I’m not concerned about it. It sounds like someone made a mistake,’’ he said, noting his assistance with Smith’s book and in providing information to the Review-Journal.

• Former KTNV-TV sports and news anchor Ron Futrell was sued after R-J stories allegedly were posted on his website www.localslovevegas.com. His attorney has filed a motion for dismissal of the lawsuit.
Ron Futrell

Ron Futrell

“I did nothing wrong — I followed all the journalistic protocol with what I used,” Futrell said. “Think about this. Over the years the R-J used stories of mine that I ‘broke’ while at KTNV-TV.

“It seems silly that journalists would sue other journalists when full attribution and credit is given when a portion of a story is used. I gave the paper and the writer credit for a job well done and provided links to the full story,” Futrell said.

• Honor Inc., a Fremont, Neb., nonprofit company advocating for patient safety and justice. The website says Honor’s One & Only Campaign, promoting “One Syringe Only One Time,” is a public health campaign led by the Centers for Disease Control and Prevention and the Safe Injection Practices Coalition. The nonprofit’s website, www.oneandonlycampaign.org, allegedly posted an April 30 R-J story about a hepatitis C lawsuit. The R-J was credited as the source of the story, court records show. The site has links to numerous medical stories from around the country, including additional stories by the Las Vegas Review-Journal and the Las Vegas Sun.

• Mary J. Santilli in Boston, who operates a blog about the American Idol TV show called mjsbigblog.com. Records show the blog site in April posted an R-J column, crediting the R-J, about American Idol contestants visiting Las Vegas. Santilli said she was surprised that she was being sued since no one from the R-J had contacted her to advise her that her posting of the R-J column was infringing on a copyright. Santilli, who lists 5,430 followers on her Twitter account, said that besides posting the story on her blog, she had re-Tweeted R-J Tweets about the American Idol contestants visiting Las Vegas.

“I probably brought them a million ‘hits,’” she said, adding she’s a middle-age woman who blogs from her home and doesn’t have any money for Righthaven to take as damages.

“This is a shock to me they would do something like that,” she said of the suit, adding she regularly posts stories about American Idol from numerous news sources and always credits the sources.

“I’m not knowingly infringing on anybody,” Santilli said.

• Scottsdale, Ariz., company The Above Network LLC and an official there, William Irvine. They allegedly run the website www.abovetopsecret.com. An R-J story about the Gulf of Mexico oil spill was posted on that site, apparently by a user of the site. A court exhibit filed by Righthaven indicated the R-J was not credited for the story in this case. But an abovetopsecret.com official said that at the top of the post there was a link to the R-J story on the R-J website.

Officials at The Above Network said they were surprised to be sued over the posting on the abovetopsecret.com website.

They vowed to mount a vigorous legal defense since, they said, their site includes a notification advising copyright holders how to request removal of stories — yet they said no one from the Review-Journal or Righthaven asked them to remove the story in question.

They also said users who post stories on the abovetopsecret site are required to post links to stories they post, meaning abovetopsecret has been driving Internet traffic in the form of thousands of visitors to the Review-Journal website.

“It’s ludicrous. We’ll never settle with them,” said Mark Allin, a partner at the company, adding the R-J will likely now lose revenue because his site would likely stop allowing users to post R-J stories and links.

• Lisa Mielke and Melissa Prepster, who own the Kyle, Texas-based website www.eaglesfans.com, which allegedly posted an R-J review of an April 24 Eagles concert in Las Vegas. Mielke and Prepster are school teachers who have been running the nonprofit site about the musical group the Eagles for years — often holding fundraisers to keep the site going. Before reaching a settlement with Righthaven, they posted this notice on their website:

“Eaglesfans.Com — We Need Your Help”

“We had hoped that it wouldn’t come to this. We’ve just heard back from Righthaven, the company who is suing us for posting one review (with a link back to the original source). They are not interested in dismissing the case and we need to offer a settlement. This will likely be much more than we have available. We’re asking you, the community for your help and your donations.

“We’re asking you to send what you can. We know that times are tough. It goes without saying that we appreciate anything. This last week has been one of the most difficult either of us have ever been through. We’re hoping to get this settled before school starts up. We can’t teach and help our students if we are constantly worrying and stressing.”

• Marion Valentine, a military retiree in Mississippi, said he received the Righthaven lawsuit and promptly threw it in the trash. Court records show a June 10 R-J editorial was posted on Valentine’s blog on the blog site marionsword.spaces.live.com, with the R-J receiving no credit for the information. The editorial complained about the nation’s “vast and unwieldy federal bureaucracy,” and “the pipe-dream agenda of left-wing academics and government employee unions.”

“I can see why they were upset. What I posted did not identify the author or the source. I posted it as I received it in an e-mail. I pulled the article. Offer my apologies, and I will be more careful in the future,” Valentine said.

“I post articles I write and articles sent to me by e-mail on my site for information and education only. There are no advertisements on my site, nor do I accept donations, therefore there is no income generated by my site,” Valentine said. “I am a 70-year-old now housebound veteran with 100 percent service-connected disability. I have no attachable property or attachable income, so let them sue away. Frankly, with congestive heart failure, I did not expect to still be living this long, so I will probably be dead before a verdict is reached in the lawsuit anyway.”

• Toronto company VerticalScope USA Inc., which was sued after R-J stories were posted to two of its websites, www.sportbikes.net and www.menstennisforums.com.

“As publishers ourselves, we believe strongly in copyright laws, and do our best to moderate our user-generated content sites from having unauthorized copyright content. We have strict policies against this type of material being posted by our users, and we are very responsive to all take-down requests. However, we have not received any correspondence nor requests in this regard from the Las Vegas Review-Journal,” VerticalScope President Rob Laidlaw said.
Discussion: 10 comments so far…

Comments are moderated by Las Vegas Sun editors. Our goal is not to limit the discussion, but rather to elevate it. Comments should be relevant and contain no abusive language. Comments that are off-topic, vulgar, profane or include personal attacks will be removed. Full comments policy.

1.

By cpo
Aug. 4, 2010
5:36 a.m.
Suggest removal

Amazing they would sue one of their own, right wing nut job Futrell. Maybe he should sue RJ for publishing some of his garbage.
2.

By irishfighter
Aug. 4, 2010
6:28 a.m.
Suggest removal

Simple! DO NOT BUY THE RJ!!!! BOYCOTT! BTW-Gloria, how does it feel!
3.

By BugMeTons
Aug. 4, 2010
6:58 a.m.
Suggest removal

I have cut off my subscripts to the RJ and the Pahrump Valley times because of this. Its one thing to ASK and then SUE, but to Sue first and ask questions later? Naaa I dont think so. I wont be going to their sites either anymore.. I can get my local news from other sources.

Nevadans will NOT stand for this.
4.

By afr1971
Aug. 4, 2010
7:03 a.m.
Suggest removal

This sounds like the desperate attempt of a struggling newspaper to raise money. I think people are tired of these types of frivolous lawsuits and it will backfire. Headline: "Giant Nevada Newspaper Sues Dying 70 Year Old Woman, Takes Away Pension" will get people pretty upset. Ugly, ugly ugly.
5.

By geezelouise
Aug. 4, 2010
8:25 a.m.
Suggest removal

Load of garbage. The RJ needs to take a good look at what this is doing to their image, and figure out if it is worth the few measly dollars they are getting for their stories.

Sun, please tell us how much money Righthaven pays for the copyright?

pokerkid
Site Admin
Posts: 7781

R-J accused of entrapment over copyright enforcement

Post#7 » Fri Sep 03, 2010 1:56 pm


R-J accused of entrapment over copyright enforcement

http://www.las-vegassun.com/news/2010/a ... forcement/
By Steve Green (contact)

Monday, Aug. 23, 2010 | 1:45 a.m.
Sun archives

* Blogger asks to pay $200 to close R-J copyright suit (8-20-2010)
* 2 lawsuits over R-J copyrights lift total to 100 (8-19-2010)
* Website operators use new defenses to fight R-J copyright suits (8-18-2010)
* Righthaven reaches settlements in 2 cases over R-J copyrights (8-12-2010)
* Righthaven sues Democratic Underground website over R-J posting (8-11-2010)
* 5 more websites sued over R-J story copyrights (8-10-2010)
* Websites, bloggers make moves to avoid Righthaven lawsuits (8-9-2010)
* Righthaven continues suits over R-J copyrights; 91 total (8-6-2010)
* State Democratic Party fighting R-J copyright lawsuit (8-5-2010)
* Legal attack dog sicked on websites accused of violating R-J copyrights (8-4-2010)
* Some targets of Righthaven lawsuits fighting back (8-4-2010)
* Are website copyright violations hurting newspapers' bottom line? (8-4-2010)
* Defendants in R-J copyright lawsuits speak out (8-4-2010)
* Five more R-J copyright lawsuits filed (8-3-2010)
* R-J mob source hit with copyright suit (7-27-2010)
* More copyright lawsuits filed over Review-Journal stories (7-23-2010)
* Conservative website among 3 sued over R-J copyrights (7-20-2010)
* 3 suits over alleged R-J copyright infringements bring total to 72 (7-16-10)
* 5 more suits filed over alleged R-J copyright violations (7-15-10)
* Nevada Democratic Party hit with R-J copyright lawsuit (7-9-10)
* 5 more websites face R-J copyright lawsuits (7-8-10)
* Six more suits filed over R-J copyrights (7-1-10)
* Three more websites hit with R-J copyright suits (6-29-10)
* R-J copyright suit filed against newspaper source (6-25-10)
* 3 more R-J copyright suits filed; defendant responds (6-10-10)
* 8 more websites sued over R-J copyrights; 34 total (6-5-10)
* Former news anchor among targets of new R-J copyright suits (5-30-10)
* 4 more copyright suits over R-J stories brings total to 22 (5-28-10)
* 4 more sites sued over alleged R-J copyright infringements (5-20-10)
* 14th website sued over R-J copyright allegations (5-17-10)
* More suits over alleged R-J copyrights bring number to 13 (5-14-10)
* Suits accuse groups of posting copyrighted R-J stories (5-5-10)
* Two more websites sued over posting of R-J stories (5-3-10)
* Sixth copyright suit filed over R-J stories on websites (4-26-10)
* 3 copyright suits filed over R-J stories on Web sites (4-16-10)
* Suits accuse 2 groups of posting copyrighted R-J stories online (3-17-10)

A website operator is accusing the Las Vegas Review-Journal of entrapment for inviting readers to share its stories online -- and then participating in lawsuits against readers who post that material online.

The allegation was made in court papers filed last week by Ryan Burrage, a Louisiana man who is a defendant in one of the 100 lawsuits filed since March alleging copyrights to Review-Journal stories were infringed on when stories, or portions of stories, were displayed on websites throughout North America without authorization.

Like most defendants sued by Righthaven LLC, the Review-Journal's copyright enforcement partner, Burrage said in his response that neither the Review-Journal nor Righthaven sent him a cease and desist letter before suing him.

In its July 30 lawsuit against Burrage, filed in federal court in Las Vegas, Righthaven complained he "willfully copied" and displayed part of a May 25 column by Review-Journal Publisher Sherman Frederick about a watch list of "peeved travelers" maintained by the federal Transportation Security Administration.

As in most of the Righthaven lawsuits, the lawsuit demanded $75,000 in damages and forfeiture of Burrage's website domain name, www.jerryryburg.com.

Burrage, in his response, acknowledged republishing Frederick's column. He said the portion of the six-paragraph column that was displayed on his website -- four paragraphs with credit to and a link to the R-J -- was provided automatically through a syndication arrangement through Real Simple Syndication (RSS).

Burrage said the sources of the RSS feed were the websites www.infowars.com and prisonplanet.com.

Those websites are run by Austin, Texas, radio talk show host Alex Jones, who separately has been sued by Righthaven over the same Frederick TSA watch list column.

A least five Righthaven lawsuits have been filed over that column.

In responding to the suit against him, Burrage argued:

• "At no time was it the intent of the defendant to defraud, cause harm, misrepresent, intercept website traffic, profit or exploit the Las Vegas Review-Journal ... or its related stories."

• "Use of the article fell under the 'fair use' clause of copyright law."

• "Contrary to the plaintiff's claim (of harm), linking back to the original source is a form of promotion for the original source which improves, not harms, a website's ranking in search engines."

• The alleged infringement is "the equivalent of a passer-by stopping in front of a newsstand and reading the front page of the newspaper, without actually buying the newspaper."

• "Even if a defendant was to republish an article from the LVRJ.com website directly, he is not only within his rights to do so, but all users of LVRJ.com are encouraged to do just that. The LVRJ.com website offers and invites its users to 'Save and Share' all of its articles no less than 19 times per article. In addition, the LVRJ.com website encourages and invites its users to 'Email This,' 'Save This,' 'Print This' and subscribe to its 'RSS Feeds.' This not only puts the users of LVRJ.com in a quagmire, but it is the opinion of the defendant that LVRJ.com is guilty of entrapment, or at least setting up the users of LVRJ.com for a potential lawsuit. While the LVRJ.com encourages and invites its users to 'Share and Save' articles a total of 23 times per article, LVRJ.com will file a frivolous copyright infringement lawsuit against its users, if they follow LVRJ's directions and invitations to 'Share and Save' articles published on the website."

• "This lawsuit is entirely predatory, frivolous and an abuse of the United States justice system. While the defendant acknowledges that the plaintiff is not bound by law to issue a cease and desist letter when an alleged infringement is found, it is the common legal etiquette and process to begin with a cease and desist letter. Had such a cease and desist order been offered, the defendant would have cooperated and obliged accordingly. The opinion of the defendant is that in not issuing a cease and desist order prior to filing this lawsuit, the plaintiff's sudden filing of a lawsuit alleging copyright infringement is unethical, immoral, improper and indicates a suspicious motivation to do so. In addition ... the actions of the plaintiff are exactly what gives 'trial lawyers' a bad name."

• "Plaintiff is engaged in a shakedown or extortion operation, with the express purpose of abusing the legal system to extort or shake down webmasters and bloggers who republish content from the Las Vegas Review-Journal in accordance with 'fair use' and the Digital Millennium Copyright Act. In the majority of cases, including that of the defendant, victims of the plaintiff's witch hunt are bloggers and webmasters who generate very little revenue, if any, from their sites. ... The plaintiff is operating with expectation that the victims of his `copyright trolling' operation will settle out of court rather than absorb the costs of fighting this matter. "

Like many Righthaven defendants, Burrage denies his site targeted Nevada viewers. Burrage, who lives in Kenner, La., near New Orleans, asked that if the case proceeds it be transferred to New Orleans.

Burrage also offered to settle the dispute "without admitting any improper activities or malicious intent." He offered to settle for $10.87, his Google Adsense revenue during the nine-day period he says Righthaven may be able to assert its claim of infringement for.

Righthaven has not yet responded to the settlement offer or to Burrage's allegations about its lawsuit initiative.

Righthaven has denied it's running a shakedown campaign.

And while many defendants have complained that Righthaven failed to contact them before suing, Righthaven notes in court papers that those same defendants failed to call or e-mail the Review-Journal to seek permission to post the Review-Journal's content.

Righthaven, which says it was established to deter infringement and to profit by collecting damages for copyright infringement, also says it's not feasible to contact the thousands of alleged infringers of Review-Journal material.

Burrage is one of at least two defendants arguing recently that by encouraging users to share stories online, the Review-Journal is giving them consent to post their material online.

Attorneys for Jan Klerks of Chicago last week filed court papers saying that since the Review-Journal offered the story in Klerks' case to the world for free, encouraged people to save and send links to the story at no cost and without restriction and enabled readers to right click and copy the text of articles, it provided an "implied license."

"Accordingly, based on this implied license, the allegedly infringing copy was, in fact, authorized by the Las Vegas Review-Journal and therefore is not an infringement," attorneys Michael McCue and Nikkya Williams of the Las Vegas office of the law firm Lewis and Roca LLP wrote in their filing.

An attorney for another Righthaven defendant, in the meantime, is seeking dismissal of a Righthaven suit based on the defendant's contention that the Nevada court doesn't have jurisdiction of the dispute since the defendant doesn't live in or do business in Nevada.

Southern California businessman Jeffrey L. Nelson has, since 2007, intermittently published news stories about the mortgage and real estate industries on his website, Nelson's response to the Righthaven lawsuit says.

"The intent of the website was to inform individuals and entities in the real estate/residential lending occupations of occurrences pertinent to those lines of work," Nelson's filing said. "Nelson did not solicit business through the website, nor did Nelson derive a profit from maintaining the website."

Nelson's filing says that on May 3, he posted part of a Review-Journal story about real estate on his site, but that co-defendants in the case had nothing to do with that posting.

He said that's because he went to work as a real estate agent for the co-defendants, South Coast Partners Inc. doing business as Keller Williams OC Coastal Realty in San Clemente, Calif.; and Keller Williams supervisor Robert Walter Hunt, after the story was posted.

"Defendants do not reside in Nevada, they hold no licenses in Nevada, they pay no taxes in Nevada, they conduct no business with Nevada residents or businesses and they do not actively solicit business from native Nevadans," said the filing by Nelson's attorney, Jason Wiley of the Henderson law firm Woods Erickson Whitaker & Maurice LLP.

Wiley also argued the 9th U.S. Circuit Court of Appeals has found "passive" websites don't create sufficient contacts with particular states to warrant jurisdiction by those states.

He said Nelson's website was passive as it didn't transact business over the Internet and there was no exchange of information involved -- it simply displayed information.

But Righthaven, in arguing for Nevada jurisdiction in a case involving a Texas defendant, has said the 9th Circuit has found "willful copyright infringers who reproduce content from a source known to exist in the forum purposefully avail themselves of said forum."
Discussion: 64 comments so far…

Comments are moderated by Las Vegas Sun editors. Our goal is not to limit the discussion, but rather to elevate it. Comments should be relevant and contain no abusive language. Comments that are off-topic, vulgar, profane or include personal attacks will be removed. Full comments policy.

1.

By gmag39
Aug. 23, 2010
5:45 a.m.
Suggest removal

"This lawsuit is entirely predatory, frivolous and an abuse of the United States justice system."

"Plaintiff is engaged in a shakedown or extortion operation, with the express purpose of abusing the legal system to extort or shake down webmasters and bloggers"

"Even if a defendant was to republish an article from the LVRJ.com website directly, he is not only within his rights to do so, but all users of LVRJ.com are encouraged to do just that. The LVRJ.com website offers and invites its users to 'Save and Share' all of its articles no less than 19 times per article.

The lawyer's right, Shermy... this little foray of the RJ's
into the world of EXTORTION is about as low as you can go...

The RJ's "arrangement" with Righthaven is a Deal with the Devil... I would be very interested to know if any LEGITIMATE newspaper has a similar arrangement with a Devil of their own choosing...
2.

By LastThroes
Aug. 23, 2010
5:45 a.m.
Suggest removal

Squirm Frederick and his sleazy lawyers are taking frivolous lawsuits to whole new level.
This scheme is the equivalent of a police speed trap.
3.

By vegas_tom
Aug. 23, 2010
6:03 a.m.
Suggest removal

Just like Righthaven, you can use technology to prevent accidental visits to the anything Stephens media related by using the firefox browser with an easy to use add-on. please see...

http://tinyurl.com/24h5afh

There's no better way to prevent issues with the RJ than by entirely steering clear of their array of web sites.
4.

By logic_should_rule
Aug. 23, 2010
6:15 a.m.
Suggest removal

"Like most defendants sued by Righthaven LLC, the Review-Journal's copyright enforcement partner, Burrage said in his response that neither the Review-Journal nor Righthaven sent him a cease and desist letter before suing him."

Most? Name ONE...
5.

By murrayburns
Aug. 23, 2010
7:10 a.m.
Suggest removal

vegas_tom: Thanks for that link. Is there anything like it for Internet Explorer?

logic_should_rule: I'd guess that the reporter couldn't call every defendant, so he had to "hedge" a little.

I think this thing gets more interesting with every story Green writes. It looks like there are a lot of different defenses coming from defendants' lawyers and I don't think Righthaven or the RJ was prepared for that.

If I understand the law (and I'm not a lawyer), everytime an answer to one of these suits is filed, Righthaven has file more paper and unlike the original suits that were files, those guys are going to actually have to do some work instead of using cookie cutter documents.

It's also interesting that not one of the settlements has been anywhere close to the $75,000 statutory damages. I wonder what that means.

And, of course, I'm happy to see the "cease and desist" letter thing mentioned in this response. Even though it's not required, I think it would have done the trick, even though Sarge babbles on about the cost of doing it.
6.

By vegas_tom
Aug. 23, 2010
7:18 a.m.
Suggest removal

>> Is there anything like it for Internet Explorer?

probably not --- but you'll have fewer issues on the internet sticking with firefox due to higher security and options anyway.

I've seen some folks who would get viruses on a monthly basis to none in over a year simply by changing their browser to firefox.

.02
7.

By BushDepression
Aug. 23, 2010
7:37 a.m.
Suggest removal

I hope the LvRj goes out of business! LOL
8.

By murrayburns
Aug. 23, 2010
7:58 a.m.
Suggest removal

vegas_tom: Thank you.
BushDepression: I'd rather see a great newspaper company buy it, then watch Sherm and friends scramble.
9.

By casinokid
Aug. 23, 2010
8:04 a.m.
Suggest removal

Can you smell it on me? I just got back from the RJ site.
10.

By lisaMM
Aug. 23, 2010
8:33 a.m.
Suggest removal

I can smell it on you. I use Firefox and no longer can act on temptation: http://tinyurl.com/24h5afh

pokerkid
Site Admin
Posts: 7781

More copyright lawsuits filed over Review-Journal stories

Post#8 » Fri Sep 03, 2010 1:59 pm

More copyright lawsuits filed over Review-Journal stories
http://www.las-vegassun.com/news/2010/j ... iled-over/
By Steve Green (contact)

Friday, July 23, 2010 | 2:05 a.m.
Beyond the Sun

* Wired.com: Newspaper Chain’s New Business Plan: Copyright Suits

Sun archives

* Conservative website among 3 sued over R-J copyrights (7-20-2010)
* 3 suits over alleged R-J copyright infringements bring total to 72 (7-16-10)
* 5 more suits filed over alleged R-J copyright violations (7-15-10)
* Nevada Democratic Party hit with R-J copyright lawsuit (7-9-10)
* 5 more websites face R-J copyright lawsuits (7-8-10)
* Six more suits filed over R-J copyrights (7-1-10)
* Three more websites hit with R-J copyright suits (6-29-10)
* R-J copyright suit filed against newspaper source (6-25-10)
* 3 more R-J copyright suits filed; defendant responds (6-10-10)
* 8 more websites sued over R-J copyrights; 34 total (6-5-10)
* Former news anchor among targets of new R-J copyright suits (5-30-10)
* 4 more copyright suits over R-J stories brings total to 22 (5-28-10)
* 4 more sites sued over alleged R-J copyright infringements (5-20-10)
* 14th website sued over R-J copyright allegations (5-17-10)
* More suits over alleged R-J copyrights bring number to 13 (5-14-10)
* Suits accuse groups of posting copyrighted R-J stories (5-5-10)
* Two more websites sued over posting of R-J stories (5-3-10)
* Sixth copyright suit filed over R-J stories on websites (4-26-10)
* 3 copyright suits filed over R-J stories on Web sites (4-16-10)
* Suits accuse 2 groups of posting copyrighted R-J stories online (3-17-10)

Four more website operators have been sued for copyright infringement after Las Vegas Review-Journal stories were posted on their websites, allegedly without authorization.

Righthaven LLC, a Las Vegas company that obtains copyrights to R-J stories and then sues alleged copyright inringers, filed the suits this week in U.S. District Court in Las Vegas.

The latest defendants are:

• Armed Citizen and two officials there, David Burnett and Clayton Cramer. R-J stories involving citizens using guns to protect themselves allegedly were posted on the www.thearmedcitizen.com website.

Cramer, a software writer and historian in Horseshoe Bend, Idaho, near Boise, said Thursday that he created the nonprofit website in 2003 to document instances of firearms being used in self defense around the country and since then has posted portions of 4,700 news stories.

The Righthaven suit names seven R-J stories it says were posted to the Armed Citizen site since 2004.

Records show Righthaven obtained a copyright to one of those stories. The story was posted in its entirety on the Armed Citizen site, with the R-J credited for the story and receiving a link, records show.

That was a 33-paragraph story from May 17 about the slaying of Las Vegas store clerk William Burhoe, who before dying managed to shoot and kill his robber.

Cramer said this was the first instance of a news organization objecting to such a posting at thearmedcitizen.com and that it was “astonishing” that Righthaven would file suit without it or the R-J first asking that the stories at issue be taken off the site.

He said Righthaven’s $75,000 damage claim was ridiculous given that the stories at issue are still available on the R-J website for free, meaning, he said, that any damages that have been sustained couldn’t amount to more than a few hundred dollars.

“I’m incensed. If these attorneys feel any jury in Nevada will go along with this, they are delusional,” Cramer said, adding he’s contacting attorneys and will vigorously contest the allegations.

• Free Speech Systems LLC and radio talk show host Alex Jones in Austin, Texas, who have websites called www.prisonplanet.com and www.infowars.com. Court records indicate a substantial portion of an R-J column was posted on these sites, with a link to the entire column; while message board users of the sites posted additional entire R-J stories with links. The column and stories were credited to the R-J, records show.

“This claim is totally without merit and appears to be purely predatory and I’m weighing all options with counsel including a possible counterclaim, not just to protect myself from being squeezed but also the other sites that have been sued,” said Jones, who said his national talk show is heard on 60 stations around the country.

Jones describes himself as a defender of the Bill of Rights, property rights and the nation’s borders, and as a leader in the “9/11 Truth Movement.”

• Assured Lender Services Inc. in Tustin, Calif., and Tina Suihkonen. The defendants are accused of posting R-J material on the website assuredlenderservices.wordpress.com.

• The District of Columbia nonprofit Americans for Democratic Action and an official there, Don Kusler, director of the ADA group Working Families Win. R-J material allegedly was posted on the Working Families Win website.

Messages for comment were left with the other two new defendants.

The latest suits bring to at least 79 the number of Righthaven lawsuits filed since March.
Discussion: 27 comments so far…

Comments are moderated by Las Vegas Sun editors. Our goal is not to limit the discussion, but rather to elevate it. Comments should be relevant and contain no abusive language. Comments that are off-topic, vulgar, profane or include personal attacks will be removed. Full comments policy.

1.

By bbtbrain
July 23, 2010
6:10 a.m.
Suggest removal

Mr. Gibson may you reap all the rewards of the karma you spread. And I mean it, really.
2.

By gmag39
July 23, 2010
6:13 a.m.
Suggest removal

I guess if you can't sell advertising, you start a "cottage industry" of shaking people down for cash.

Suing folks for "copyright infringement" might be lucrative, but it sure is a sad, sad commentary on the folks that run the RJ.
3.

By SgtRock
July 23, 2010
6:24 a.m.
Suggest removal

gmag again showing he writes and demostrates that he absolutely knows nothing what he is writing about.

Since you seem to know it all so please do tell us how much money LVRJ has received from the lawsuits.
4.

By SamB007
July 23, 2010
6:27 a.m.
Suggest removal

This is a Scam, that is to rip off the readers of the R-J

Since the Sun broke the story I have told ever body I know about it, and told them to never buy a paper for the R-J again.

If you have somebody the post a link to a story that a new paper printed, the are sending readers to the news paper, there for adding to the reader base. News papers are losing readers everyday, and should thank anybody that is sending readers to their papers. I would never post the story that anybody wrote, I would write a lead-in to the story and post a link, after all the stories do have copy-rights. What Righthaven LLC is doing is buying the rights to the stories after they find someone who they can sue, how sad is that?

Nobody should roll over on this, and if anybody finds the R-J using a story that someone else has written they should sue big time!
5.

By hermit
July 23, 2010
7:59 a.m.
Suggest removal

The part of all of this that I can not figure out is how does Righthaven LLC get the copyright after the website ran the link and then sue? They did not own the copyright before the link ran.
6.

By VegasShopper
July 23, 2010
8:03 a.m.
Suggest removal

Sorry, I'm a little late to this party. Is Steven A. Gibson an attorney retained by the R-J to file these lawsuits or is this his own little cottage industry?
7.

By vegasguy80
July 23, 2010
8:17 a.m.
Suggest removal

Steve Green, are you in their back pocket too? And Samb, I am there with you. Just boycott the RJ.
8.

By gmag39
July 23, 2010
8:19 a.m.
Suggest removal

sgtrock!
Rearing his ugly head again... how's your brother's campaign going??? He's a CHAMP, rock, just a CHAMP!!!

So, James F. Nance, Jr., tell us lowly peons;
If they aren't GETTING ANY DOUGH... why would they be "outsourcing" this stuff to RIGHTHAVEN, LLC...
"Righthaven LLC, a Las Vegas company that obtains copyrights to R-J stories and then sues alleged copyright inringers, filed the suits this week in U.S. District Court in Las Vegas."
So, "OH WISE-(ass)ONE"...
WALK US THROUGH IT... and go SLOW for me as is your habit.

And one more question, James F. Nance, Jr....
DO YOU WORK FOR THE RJ???
9.

By gmag39
July 23, 2010
8:23 a.m.
Suggest removal

It must be tough, rock. really, really tough.
Harry is gonna clobber Angle, your boy Gibbons is leaving in disgrace, Ensign is handicapping the state by his mere presence in the U.S. Senate, and will probably end up INDICTED;
How's all that hate working out for you, Rock???
10.

By ChunkyFlyRight
July 23, 2010
9:23 a.m.
Suggest removal

Chunky says:

Looks like greed, smells like greed.

That's what Chunky thinks!
11.

By logic_should_rule
July 23, 2010
9:48 a.m.
Suggest removal

I agree..Looks dumb, smells dumb.

Who would name themselves Chunky?
12.

By boftx
July 23, 2010
9:58 a.m.
Suggest removal

Keep in mind that the R-J grubstaked Righthaven and has said that this will be a service offered for profit to other copyright owners. They need to build some kind of success record in order to get other clients. The R-J is getting money back from this as stakeholders in Righthaven.

I, too, would like to know the time line of when alleged offending stories were posted and when Righthaven obtained the copyrights involved.

It could be that Righthaven searches the Web and when it finds a potential violation it then gets the copyright from the R-J and sues. A person more cynical than me would suspect that someone could intentionally post a story in a comment and then tip off Righthaven.

pokerkid
Site Admin
Posts: 7781

Is This the Birth of the Copyright Troll?

Post#9 » Fri Sep 03, 2010 1:59 pm

Is This the Birth of the Copyright Troll?

Joe Mullin

Corporate Counsel

August 16, 2010
http://webcache.googleusercontent.com/s ... =firefox-a

Steve Gibson
Steve Gibson is a bit taken aback by the attention his new business, copyright holding company Righthaven LLC, has begun to attract. He probably shouldn't be.

After all, when you file more than 100 infringement suits in just a few months—using a batch of newspaper copyrights to target, among others, political discussion boards, a major political party, and several of the newspaper's own sources—it's the sort of thing people tend to notice, and not always in a good way.

"It's unbelievable," says Gibson. "There appears to be a groundswell of interest in our business model." The business in question is based on an unusual shoot-first, ask-questions-later approach to IP litigation that appears to have little, if any, precedent.

Gibson founded Righthaven to file suits based on newspaper copyrights he has acquired. So far, nearly all of Righthaven's suits are based on copyrights originally owned by the Las Vegas Review-Journal, Nevada's largest newspaper. Armed with those copyrights—and using a proprietary technology that he won't discuss—Gibson searches the Web to find examples of infringement. When he finds what he's looking for, he sues. As far as he's concerned, he's doing something that copyright holders should have started doing a long time ago.

"Since the advent of the Internet, there has been an ocean of infringements of copyright that have gone unaddressed," Gibson says. "I've also seen that many media companies have been facing financial difficulties. I was inspired to pursue technological solutions and marry them with the available legal machinery."

Of course, there is other legal machinery available to do what Gibson is doing, and those named in Righthaven suits and their allies wonder why the company doesn't send Digital Millennium Copyright Act takedown notices or cease-and-desist letters before filing suit.

Gibson says those he sues haven't followed the DMCA's safe harbor provisions closely enough to gain the immunity from copyright suits that those provisions offer.

Many targets of the Righthaven lawsuits are political blogs and discussion boards, both liberal and conservative, which have posted content—nearly always entire articles—written by Review-Journal reporters.

In at least two cases, Righthaven has sued Review-Journal sources. For instance, the company sued Anthony Curtis—a Las Vegas gaming promoter whose website bills him as offering "the best information about Las Vegas and gambling"—after Curtis posted a column by R-J staffer Mike Weatherford online. (Weatherford had interviewed Curtis and wrote the column at issue based entirely on a survey conducted by Curtis's company.)

In a second suit, Righthaven filed a copyright claim against Steve Stern, a former reporter who runs his own Las Vegas public relations firm and has served as a source for Review-Journal reporters.

Another unusual Righthaven target is the Nevada Democratic Party, which Gibson sued for posting an Review-Journal story on its website.

Mark Hinueber, general counsel of Review-Journal parent company Stephens Media, acknowledges that Stephens owns a small stake in Righthaven. But Hinueber insists that the prospect of making money is not what motivated the company to do business with Gibson.

"My hope," says Hinueber, "is we will raise awareness of copyright laws, and have more links back to our site, and have less of our material infringed on the Internet."

Both Gibson and Hinueber agree that Righthaven's copyright enforcement campaign has some kinks to be worked out, especially when it comes to targeting the paper's own sources.

"It was a learning curve experience," Hinueber says of the suit against Curtis, which Righthaven eventually dropped. He notes that many websites ask permission before posting the paper's articles, and that he routinely grants such permissions. "I agree that we shouldn't sue sources. But it also reminds sources that just because we wrote about you, doesn't mean you can post the whole article on your website."

Despite what he sees as an occasional misstep, Gibson says he believes his unique IP enforcement push could help change the culture of the Internet when it comes to matters of copyright: "We've already seen communications to my company saying, 'What can I do to change my behavior, so I'm not disrespecting someone else's copyrights?'"

While nearly all the lawsuits filed so far have been based on Review-Journal copyrights, Gibson says he has additional clients and will be filing suits on behalf of those entities soon.

Of the suits he's already filed, Gibson says about 30 percent have settled. While the settlements are all confidential, Las Vegas Sun reporter Steve Green reported this week that the settlement amounts range from $2,185 to $5,000. None of the settlements have included a transfer of the defendant's domain name to Righthaven, a demand made in each of the initial Righthaven complaints.

Critics disagree that Righthaven could have any kind of positive effect and refer to the company as a "copyright troll" engaged in shaking down blogs. Stephen Bates, an assistant professor at UNLV’s Hank Greenspun School of Journalism, calls the Righthaven suits “lawful but preposterous" and a "waste of judicial resources.”

Greenberg Traurig IP partner Ian Ballon says Gibson's business model reflects the changing nature of the media landscape—and the efforts by those among the old guard to maintain some measure of control over what becomes of their content once it's published.

"Newspapers face a legitimate problem of infringement online," says Ballon. "The emergence of a copyright holding company likely reflects frustration on the part of some newspapers with online infringement." Ballon warns, however, that judges may not be inclined to award large fees in cases to a plaintiff who sues indiscriminately.

Miami attorney Marc Randazza, who helped the National Organization for the Reform of Marijuana Laws defend itself against a Righthaven suit, put it somewhat more colorfully in an interview with the Las Vegas Sun reporter. “It’s like setting a hungry wild pig loose in a china shop to find a piece of bacon," Randazza said. "It’ll get the bacon, but it will destroy everything else in the process.”

For more on Righthaven, see:

• Coverage by Las Vegas Sun reporter Steve Green here and here.

• This story from Wired News.

• Los Angeles Times media columnist James Rainey weighs in here.

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