Righthaven LLC -- a bottom feeding legal outfit -- has teamed up with the Las Vegas Review-Journal and Denver Post to sue mom and pop websites, advocacy and public interest groups and forum board operators for copyright infringement. The strategy of Righthaven is to sue thousands of these website owners, who are primarily unfunded and will be forced to settle out of court.
Righthaven lawsuitsTo date Righthaven has been ordered to pay $323,138 in legal fees and sanctions.Righthaven lawsuits

Wednesday, June 15, 2011

Intellectual Property Law Expert Weighs In: 'Righthaven's Entire Enterprise is on the Ropes'

Eric Goldman, an intellectual property law expert and Righthaven critic, comments on the ruling by Chief U.S. District Judge Roger Hunt in a blog post today. Among other aspects, Goldman addresses the judge's severe criticisms of Righthaven, such as the rejection of Righthaven's basic substantive argument as "flagrantly false—to the point that the claim is disingenuous, if not outright deceitful." Given the tenor of the opinion, Goldman writes, "it seems like a sanctions order is inevitable."
Righthaven Benchslapped in Ruling Saying It Lacks Standing--Righthaven v. Democratic Underground
In addition to the adverse substantive ruling, the judge criticized Righthaven unusually harshly in this opinion. The "high"lights:
  • the judge rejects Righthaven's basic substantive argument as "flagrantly false—to the point that the claim is disingenuous, if not outright deceitful."
  • the judge emphatically rejects Righthaven's attempt to argue that other judges had already upheld the copyright assignment, saying that "at best, this argument is disingenuous." Righthaven took the very aggressive position of citing one of the judge's earlier rulings back to him--and he seemed pretty angry that Righthaven sandbagged him in the prior ruling and then tried to estop him.
  • the judge summarizes the overall ruling by saying "the Court believes that Righthaven has made multiple inaccurate and likely dishonest statements to the Court."
  • the judge then goes on to lambaste Righthaven for not identifying Stephens Media as an interested party in the lawsuit, calling that omission "brazen" and "egregious."
See: Article in full

Eric Goldman is an associate professor at California's Santa Clara University School of Law and director of its High Tech Law Institute.

1 comment:

  1. I believe we have seen the last of the Righthaven victims. They can never survive this even if they were to win on appeal Righthaven will never get anther customer. They will never get anymore copyrights. They will mainly now only exist to fend off lawsuits and judgments. They are finished and after it is all said and done Stephens Media may go with them.

    LVRJ said fighting infringement is the only way to survive. Isn't it Ironic that the way they went about fighting infringement may be exactly what destroys them. Far more than any infringement ever could.


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