Righthaven LLC State Business License in Default (Again); Another Case Dismissed

Righthaven in Default Again with State

Righthaven LLC’s financial position appears to have deteriorated further: For the second year in a row, the Las Vegas company's state business license has expired and now it’s listed in default ... The development indicates the copyright infringement lawsuit filer either can’t or won’t come up with the $200 needed to reactivate the license. A request for comment was placed with Righthaven on the issue.

The most recent VEGAS INC article continues the dissolving tale of the former "copyright enforcement partner" of the Las Vegas Review-Journal and Denver Post known as Righthaven. Separately, U.S. District Judge Richard Mark Gergle in Charleston, South Carolina, recently dismissed Righthaven's sole lawsuit in the state against Tea Party activist Dana Eiser. Kudos out to defendant Dana Eiser and attorney Todd Kincannon representing her. Next up is Eiser's request for attorney's fees.

January 2012 Righthaven Victims

Lawsuit count: 2012: Jan (0) 2011: Dec (0), Nov (0), Oct (0), Sep (0), Aug (0), Jul (0), Jun (0), May (9), Apr (2), Mar (25), Feb (10) and Jan (34). View a list of 2010 Righthaven victims.

No new Righthaven victims were recorded for this month.

The lawsuit count does not reflect the actual number of Righthaven victims, as many codefendants are also named in these "sham" copyright assignment lawsuits and suffer the same serious consequence.

What is ACTA? The United States President Has Already Ratified ACTA on Behalf of the U.S.

Sign Petition: Please Submit ACTA to the Senate for Ratification as Required by the Constitution for Trade Agreements (Horrifically slow to reach late Friday night due to "maintenance issues")

Thought SOPA Was Bad? 10 Reasons to Oppose ACTA

So, we've shot down SOPA and PIPA. Congratulations Internets for a job well done. Mission accomplished, right? Not so much. While that's two bad pieces of legislation pushed back, there's much more where that came from. Leaving aside existing nastiness like the DMCA, we also have the even nastier Anti-Counterfeiting Trade Agreement (ACTA) (PDF). How bad is it? Bad enough that the European Parliament's rapporteur for ACTA (Kader Arif) resigned over it today (January 27, 2012). Unfortunately for those of us in the United States, President Obama has already ratified ACTA on behalf of the United States.

See: Blog post in full



Informational Links on ACTA:
(EFF) Anti-Counterfeiting Trade Agreement: What is ACTA?
(CNN Fortune) Meet SOPA's evil twin, ACTA
(Ars Technica) Secret US cables reveal: ACTA was far too secret
(Boing Boing) WikiLeaks ACTA cables confirm it was a screwjob for the global poor
(WikiLeaks) WikiLeaks.org Category: ACTA
(WikiPedia) Anti-Counterfeiting Trade Agreement

Righthaven's Implosion Makes List of Top 5 Internet Law Developments in 2011

Top Internet Law Developments of 2011

By Eric Goldman
Countdown: My Top 5 List of Developments in 2011
#5: Righthaven Implodes. Since the beginning, I've been skeptical of Righthaven's business model. Seriously, who else thinks it's a good idea to sue small-time mom-and-pop bloggers and non-profits on a one-by-one basis? However, even I had no idea that Righthaven would accelerate their own demise by routinely making basic litigation errors. A sketchy business model + a litigation shop that isn't very good at litigation = one dead start-up. It's always fun (in a bloodsporty way) to watch hubristic bullies get their just desserts, but watching the Randazza firm school the Righthaven litigators in Litigation 101 has been amazing. THAT'S how you litigate.

See: Blog Post in full

Also, Gibson & Company have until January 31st to respond to State Bar grievance issues.

Righthaven.com Offers Hosting Service with a 'Spine'; Forms Partnership with U.S. Lawyers

New Righthaven Offers Hosting Service "With a Spine"

After snatching a notorious copyright troll's name at auction, a Swiss company is turning Righthaven.com into a web hosting service. The intended customers? Publishers worried about the kind of abusive legal threats spewed out by the domain's previous owner.
"The Swiss courts don't play games and registrars here cannot be scared," said Stefan Thalberg of OrtCloud, an ISP based in Zürich. "Frivolous plaintiffs will find little comfort here."

The new web hosting service promises "spineful hosting" and that through a partnership with U.S. First Amendment and IP attorneys, Marc Randazza of Randazza Legal Group and Kenneth White of Brown White & Newhouse LLP, the group will be able to defend itself "vigorously" in U.S. courtrooms and protect their clients from "frivolous intellectual property litigation." Read the full letter at Righthaven.com. The new website also has a FAQ, blog and a twitter handle: @righthavened.

[From FAQ] We believe that under the guise of enabling copyright holders to legitimately regulate the use of their intellectual property, the United States, which has exported this doctrine all over the world, has created a serious imbalance in intellectual property law globally. Using the daunting threat of meritless civil litigation creates the sort of chilling effect that would probably be flagrantly unconstitutional if attempted directly by the United States Government. From a distance it almost looks as if a number of big-media lobbyists have root-kitted the United States constitution.

See: Boing Boing article in full

Movement on the Righthaven.com Domain; Redacted Letter to Former Senator Dodd Posted

UPDATE: VEGAS INC reports that Boing Boing has identified the domain buyer as Stefan Thalberg of Zug, Switzerland. Thalberg has yet to issue a comment. The logo represents a "no jellyfish" symbol.

Blogger Bully Site Yanks MPAA's Chain in Poison-Pen Letter

The new owner of the domain name Righthaven.com, which until recently belonged to a notorious copyright troll, has used his purchase to openly mock the Motion Picture Ass. of America.
The website currently displays a heavily and ironically redacted open letter to MPAA chief Christopher Dodd, and lends support to yesterday's web-wide protest of the US Stop Online Piracy Act.
The SOPA blackout prompted sites including Wikipedia to go dark for a day.

See: The Register article in full

The letter has a logo as well (possibly "no parasites"). We've posted it below.

Darkness Covers the Internet Today, January 18, 2012, in Internet-Wide Protests

January 18: Internet-Wide Protests Against the Blacklist Legislation

Join EFF and websites across the world in protesting the dangerous censorship legislation currently pending in Congress.
On January 18th, EFF will join websites across the world in standing up against the proposed blacklist bills (SOPA in the House and the PROTECT IP Act in the Senate). EFF is calling on websites to be part of the protest by blacking out their logos, posting statements opposing the bills, and linking to our action center. Websites are also encouraged to follow the powerful examples of Reddit, Wikipedia and others by “blacking out” their entire site for a day. If you do choose to take down your website in protest, please be sure to post a message about why you oppose the blacklist bills and consider linking to the EFF action center so site visitors can take the next step and contact Congress.

See: Related EFF article in full

Related articles:
10/27/11: Stop Online Piracy Act (SOPA) Emerges as New Threat in Wake of Protect IP Act
05/26/11: Anonymous Reacts to 'Protect IP Act,' Launches DDOS Attack on Big Business...
05/15/11: EFF Warns Against the 'Protect IP Act,' A Reincarnation of Last Year's COCIA

Tech Giant Google Weighs in on Righthaven in Amicus Brief; Numerous Case Updates

Google Sides Against Righthaven in Appeal of Copyright Case

The Supreme Court repeatedly has emphasized that the fair use analysis must be a flexible one, leaving courts room to find fair use (or not) depending upon examination of all the relevant facts and circumstances and how they interplay with one another in a particular case,” said Google’s brief.
Google urged the Court to reject “Righthaven’s false assertion that there is ‘almost a per se pronouncement’ in the 9th Circuit precluding the application of the fair use doctrine when an entire work has been copied.”

See: VEGAS INC article in full

Google was not alone in filing a friend of the court brief in the Righthaven case concerning Center for Intercultural Organizing (CIO), which involved the posting of an entire 33-paragraph R-J story without authorization. The Electronic Frontier Foundation (EFF), the Digital Media Law Project, Public Knowledge and several law professors joined together and filed a friend of the court brief as well.

See: Brief of Amicus Curiae Google (Righthaven v. CIO)
See: Brief of Amicus Curiae EFF et al (Righthaven v. CIO)

Nevada State Bar Opens Grievance Files Concerning Gibson and Two Other Attorneys

Three Attorneys Face Righthaven Inquiry by State Bar

The State Bar, which regulates attorneys, has since as early as the Fall of 2010 received complaints from unidentified parties about Righthaven and has been watching Righthaven’s litigation campaign work its way through the courts.
The Bar this week opened grievance files concerning Gibson, an attorney, and former Righthaven attorneys Jodi Donetta Lowry and J. Charles Coons. The attorneys have been asked to respond to the grievance issues by Jan. 31.

See: VEGAS INC article in full

Righthaven's Domain Name Sells for Just $3,300; It is a Bad Economy After All

Domain Name Used by “Copyright Troll” Auctioned Off for $3,300

Righthaven.com, the domain name that once belonged to the scourge of the internet, has sold in a public auction at SnapNames for $3,300.
--snip--
The domain was bid up to $1,850 with 10 days to go, so I’m not sure if the final price is that spectacular. Righthaven owes at least $63,000.

See: Domain Name Wire article in full

The final auction price appears pretty low indeed. Then again, the name has been so "wholly" beaten on, it could hardly be used for a successful commercial venture, certainly not an Internet based one.

If you are the buyer, contact Boing Boing!

Tick Tock, Gibson is Due in Court Today; Tick Tock, The Auction Counts Down

UPDATE: We heard through the grapevine later this evening that neither Gibson or his wife appeared in court today. The latest VEGAS INC article contains more information, including some words from one of the attorneys defending Wayne Hoehn, J. Malcolm DeVoy IV, of Randazza Legal Group. "You’d think members of the bar -- who are officers of the court -- would give the orders of the court greater weight," said DeVoy. The debtor's examination has been rescheduled for Monday morning.

It was noted in a December blog post that U.S. Magistrate Judge Robert Johnston ordered Steve Gibson and his wife Raisha "Drizzle" Gibson to appear in court on January 5, 2012 to provide testimony under oath about the location of Righthaven's assets. Today is January the 5th and we are waiting on word of today's outcome.

Domain Name Auction is Over Tomorrow

In a separate blog post, it was noted that Righthaven's domain name auction (righthaven.com) was slated to run through tomorrow, January 6th at 2:15pm CST. Currently, the bid continues to sit at $1,900. The sale of the domain name hopes to raise money to cover part of the $60,000+ in legal fees owed to defendant Wayne Hoehn.

How Does the Internet Visually Interpret 'Righthaven'? An Experiment with SHED

This lovely and fun little website was brought to my attention today: Special Holiday Emergency Desk (SHED). What do you think we typed in? According to SHED, which appears to be a combination of Flash and Google Image Search technologies, Righthaven is interpreted by the Internet in the following way: a predictably ugly and malevolent troll. The domain name auction carries on.

December 2011 Righthaven Victims

Lawsuit count: Dec (0), Nov (0), Oct (0), Sep (0), Aug (0), Jul (0), Jun (0), May (9), Apr (2), Mar (25), Feb (10) and Jan (34). View a list of 2010 Righthaven victims.

No new Righthaven victims were recorded for this month.

The lawsuit count does not reflect the actual number of Righthaven victims, as many codefendants are also named in these "sham" copyright assignment lawsuits and suffer the same serious consequence.

Righthaven Faces Contempt Motion; Being Sued by Process Server; End of the Line Looks Grim

Well readers, the year is really winding down for Righthaven & Friends isn't it? A new article from VEGAS INC reveals that Righthaven has been sued by its own process server and that it faces a motion by defense attorneys that it be found in contempt of court for disregarding a court order:

"Righthaven has refused to produce these documents, to discuss their production or to even acknowledge that the court ordered the plaintiff to produce these documents," said the filing by attorneys at Randazza Legal Group of Las Vegas. "All evidence shows that Righthaven has disregarded the court’s order."
"It is impossible to reasonably believe that Righthaven will take any action – and especially one adverse to its interests – unless forced to do so. It is time for Righthaven to be forced," the Randazza filing said.

See: Related VEGAS INC article in full
See: Motion for Contempt (Righthaven v. Wayne Hoehn)

Appeals Case Dismissed Due to Procedural Errors; Three Additional Cases Dismissed

Four More Righthaven Cases Dismissed as Auction Continues

In Righthaven’s latest setbacks, one of its appeals was dismissed Wednesday while Nevada judges this month dismissed three of its pending lawsuits. These dismissals were all for procedural reasons after Righthaven didn’t meet court-set deadlines.
--snip--
On Wednesday, the clerk’s office at the 9th U.S Circuit Court of Appeals in San Francisco dismissed one of Righthaven’s seven appeals in that court of adverse rulings by Nevada federal judges.

The 9th U.S Circuit Court of Appeals case involves defendant Garry Newman and FacePunch Studios. In October, U.S. District Judge James Mahan threw out the lawsuit, finding that Righthaven didn’t have standing to sue Newman. Righthaven appealed the dismissal only to screw up twice in failing to file required procedural documents with the appeals court, even after two 7-day extensions.

Nevada judges dismissed three pending Righthaven cases earlier this month involving: Alex James; TZ Holdings LLC, Robert J. Zumbrunnen and Peter Dierks; and David Williams-Pinkney and Collegestarters. Active Righthaven lawsuits have been reduced to 52 cases in Nevada, six in Colorado and one in South Carolina, the latter having yet another attorney for Righthaven withdraw.

See: Related VEGAS INC article in full
See: 9th U.S Circuit Court of Appeals Dismissal

Righthaven's Domain Name Auction is Under Way at SnapNames.com -- Start Bidding Now!

UPDATE 12/28/11: As of very early in the morning Wednesday, the auction price is up to nearly $2,000. Come on folks, don't save your cash for the Bluetooth headset (We have dubs on that item!).

12/26/11
The auction of Righthaven's domain name is currently under way at SnapNames.com (See: Listing). As of Monday 11:35pm CST, the current bid is $1,050. The bidding will continue through January 6th at 2:15 p.m. CST. The sale of Righthaven's domain name hopes to raise money to cover part of the $60,000+ in legal fees owed to Wayne Hoehn after defeating Righthaven in federal court.

Righthaven domain name <righthaven.com>  auction began today
Incline Village, NV, USA – December 26, 2011
The Righthaven Domain Name auction began today (Monday, December 26, 2011) and will end at 3:15 p.m. EST on Friday, January 6, 2012. This is the first auction of Righthaven property to satisfy court judgments against the Las Vegas company. The auction is being conducted online at Snapnames® on behalf of the court-appointed receiver for Righthaven, Lara Pearson, Esq., of Rimon Law Group. The auction is being held at:
www.snapnames.com/store/extended.action?ig=986

Lara Pearson, Esq.
Partner & Chief Sustainability Officer
Rimon, P.C.
PMB 405
774 Mays Blvd., No. 10
Incline Village, NV 89451
(775).833.1600
Receiver --at-- rimonlaw.com

See: Related VEGAS INC article

Righthaven's Domain Name Resolves to GoDaddy; WhoIs Shows New Information

UPDATE: A new article by VEGAS INC helps clarify the the WhoIs information. The Registrant is the court appointed receiver, attorney Lara Pearson of the Rimon Law Group. Pearson hopes to have the domain name up for auction before Christmas. So, what would a buyer do with this domain? 

One outside attorney representing Righthaven, Shawn Mangano, apparently didn't place much stock in his recent "emergency" appeal to the 9th U.S. Circuit Court of Appeals to block the auction of its copyrights. (See: Righthaven.com) The auction of Righthaven's intellectual property grows near.

WhoIs Registrant Information
Registrant:
Rimon, PC
220 Sansome Street
Suite 310
San Francisco, California 94104
United States

Registered through: GoDaddy.com, LLC (http://www.godaddy.com)
Domain Name: RIGHTHAVEN.COM
Created on: 26-Oct-09
Expires on: 26-Oct-16
Last Updated on: 21-Dec-11

Administrative Contact:
C.O. Randazza Legal Group, Rimon, PC jmd@randazza.com
Rimon, PC
220 Sansome Street
Suite 310
San Francisco, California 94104
United States
+1.8009307271 Fax --

Technical Contact:
C.O. Randazza Legal Group, Rimon, PC jmd@randazza.com
Rimon, PC
220 Sansome Street
Suite 310
San Francisco, California 94104
United States
+1.8009307271 Fax --

Righthaven Refuses to Turn Over its Copyrights to Court-Appointed Receiver for Auction

UPDATE 12/20/11: As expected, Righthaven filed an emergency appeal to the 9th U.S. Circuit Court of Appeals today to block the auction of its copyrights. Also as expected, the filing threw a few more burning trees into the bonfire raging between Righthaven and attorneys representing Wayne Hoehn, who seek $63,720 for his legal expenses after defeating Righthaven's copyright infringement case.

12/19/11
Court Asked to Step in After Righthaven Refuses to Comply with Auction

After Righthaven didn't comply by the close of business Monday, the deadline for compliance, Hoehn’s attorneys at Randazza Legal Group filed a new motion for a “writ of body attachment” asking that Righthaven CEO Steven Gibson and his wife, Raisha “Drizzle” Gibson, a Righthaven officer, be forced to appear in court by U.S. Marshals so they can execute the copyright transfers to the receiver at the threat of being held in contempt of court.

The new motion by Hoehn's attorneys reminds Righthaven:

Hoehn’s request for a writ of body attachment should come as no surprise to Righthaven, as it was specifically requested as a condition of non-compliance in the Defendant’s Motion (Doc. # 62 at 9). Also known as a writ of civil commitment or civil arrest, a writ of body attachment commands the U.S. Marshals to apprehend the people the Court wishes to bring before them in civil cases. Once executed, the U.S. Marshals will present the apprehended parties to the Court.

Also, on Friday, an attorney for Righthaven, Shawn Mangano, failed to appear during a telephone hearing for a case involving defendant Leland Wolf in the 10th U.S. Circuit Court of Appeals in Denver. The two attorneys representing the defendant, Andrew Contiguglia in Denver and Marc Randazza in Las Vegas, did appear for the telephone hearing and were not pleased by Mangano's absence.

See: Defendant's Motion For Writ of Body Attachment
See: Declaration in Support of Motion for Writ of Body Attachment
See: VEGAS INC article in full

Judge Allows Auction of Copyright Assets; Gibson and His Wife Must Appear in Court

U.S. District Judge Philip Pro signed an order today granting defendant Wayne Hoehn's motion to appoint a reciever to recover his legal costs. The receiver will be empowered to hold an auction to sell off Righthaven's copyrights, which may be Righthaven's only assets. The order was granted due to Righthaven's failure to file a response to the motion. In a related matter, U.S. Magistrate Judge Robert Johnston ordered Steve Gibson and his wife Raisha "Drizzle" Gibson to appear in court on January 5, 2012 to provide testimony under oath about the location of Righthaven's assets.

Pursuant to the Application of Wayne Hoehn for issuance of this Court’s Order Scheduling Judgment Debtor Examination before the magistrate judge under LR IB 1-9, and production of documents, and good cause shown, it is hereby ORDERED that Steven A. Gibson and Raisha “Drizzle” Y. Gibson shall personally appear before this Court on Jan. 5, 2012. Both representatives of Righthaven shall be examined with regard to the extent and location of Righthaven’s assets that may be available to Hoehn for the purpose of satisfying this Court’s Judgment (Doc. # 44) and Writ of Execution (Doc. # 59).

Attorneys representing Hoehn, Randazza Legal Group, seek to collect over $60,000 in legal fees awarded to them. Righthaven is currently in the hole for over $225,000 in legal fees and sanctions.

See: Order Granting Defendant's Application for Judgment Debtor Examination
See: Order Granting Auction by Judge Philip Pro
See: Related VEGAS INC article

RIAA, APP May Intervene on Behalf of Righthaven; Sent Letter Warning of PR Disaster

UPDATE 12/06/11: The RIAA and AAP did file an amicus brief Monday on behalf of Righthaven. The EFF offers explanation and copies of the brief (RIAA and AAP File Amicus Brief in Righthaven Appeal)

RIAA and AAP's motion for leave to file amicus brief
RIAA and AAP amicus brief

Music, Book Industries May Back Righthaven
Attorneys representing defendant Wayne Hoehn sent a letter to the law group representing the Recording Industry Association of America (RIAA) and the Association of American Publishers (AAP) warning them of the negative public relations repercussions that will result if they intervene on behalf of Righthaven in this case. Former defendant Brian Hill, who created the worst public relations scenario for Righthaven, has written about this recent development and posted a YouTube video.

"Wayne Hoehn is a highly decorated Vietnam veteran who, while handing a series of humiliating defeats to Righthaven, has expended much of his savings in this battle," Randazza wrote in his letter. "He has further become a symbol of resistance to the abusive litigation tactics engaged in by Righthaven.
"If you have actually managed to convince your clients that it is a good idea for them to spend tens of thousands of dollars (or more) in this case for the sole eventual purpose of merely costing Mr. Hoehn money, you can rest assured that it will be a public relations negative for them, in no small part due to Righthaven’s poor handling of this case, along with hundreds of others," Randazza wrote. "Your clients will waste money and all the money will buy them is the opportunity to look like idiots."

See: VEGAS INC article in full