UPDATE 07/14/11: Late last night, when the updated information became available, it was not known if Righthaven had filed a new case against Mostofi. This is exactly what Righthaven has done. (See: Righthaven LLC v. Mostofi) The new case, bound by the third revision of the SAA, only enjoys non retroactive status by its third revision. It was expected that Righthaven would re-file at least one case under the third revision of the SAA to show the rest of the defendants how far they are willing to go.
UPDATE 07/13/11: VEGAS INC reports that just hours after Judge Dawson dismissed the copyright lawsuit against Dean Mostofi, Righthaven sued Mostofi again -- this time based on the third version of the SAA. Righthaven has been called many names in the past including: copyright extortionists, parasitic bottom feeders, un-American, shameful, engaging in unclean hands and just recently a gang of con artists. It's hard to know what to add to this list in light of this re-filing. Denialist scavengers?
Third Judge Rejects R-J Copyright Suit Arrangement
In today’s ruling, Dawson rejected the first set of amendments Righthaven and Stephens Media made to their lawsuit contract in May. The contract is called the Strategic Alliance Agreement (SAA). In this case, a second set of amendments unveiled this month apparently weren’t presented to Dawson before his ruling.See: Related VEGAS INC article
"Here, plaintiff and Stephens Media attempt to impermissibly amend the facts to manufacture standing. Therefore, the court shall not consider the amended language of the SAA, but the actual assignment and language of the SAA as it existed at the time the complaint was filed," Dawson wrote in his ruling.
See: Order to Dismiss (Righthaven v. Dean Mostifi)
This news is critical to existing defendants who fear that Righthaven will continue to churn out new versions of the Strategic Alliance Agreement (currently in its third form) until one sticks. As stated now by both U.S. District Judge Kent Dawson and Chief U.S. District Judge Roger Hunt, "the court shall not consider the amended language of the SAA, but the actual assignment and language of the SAA as it existed at the time the complaint was filed." Amendments to the agreement are not retroactive.
A grand congratulations goes out to defendant Dean Mostofi who was sued last June and embarked upon his legal journey pro se. For everyone else, keep your dancing shoes handy. The highly anticipated sanctions hearing with Judge Hunt is tomorrow and may mean the END of RIGHTHAVEN.