URL Source: [None] Post Date: 2015-01-05 22:01:50 by tpaine
L.A. Times v. Free Republic
Source: The Washington Post.
I can see it now: The Washington Post v. Liberty Post courtesy of tpaine.
How much did the lawsuit cost Free Republic?
Sys Admin - I suggest you remove the article and include tpaine in your ping since he posted it. Goldi Has repeatedly stated NOTHING is to be posted from The Washington Post as per the letter TWP sent to her and tpaine KNOWS this. I suspect that is why he intentionally left the source blank.
Goldi Has repeatedly stated NOTHING is to be posted from The Washington Post as per the letter TWP sent to her and tpaine know this. I suspect that is why he intentionally left the source blank.
Not good.
Palmdale posted on 2015-01-06 20:35:13 ET ReplyTrace
Goldi Has repeatedly stated NOTHING is to be posted from The Washington Post as per the letter TWP sent to her and tpaine know this. I suspect that is why he intentionally left the source blank.
Not good.
Not good at all!!!
Gatlin posted on 2015-01-06 20:38:20 ET ReplyTrace
Are you guys saying that tpaine deliberately posted copyrighted material and attempted to hide that it was coming from such a source? That is a serious charge.
Tpaine, I'm giving you the opportunity to explain whether or not this is the case. In the meantime I am going to redact the original article until the truth of this can be determined.
I'd say we should wait and see if the washpost sends us another infringement notice. -- I'd bet that since we no longer have an 'owner' (subject to finding Goldies will), that they simply won't bother, and so will no one else.
Yes, I now "own" the virtual server LP is running on as I am the one one paying the bill. Very soon LP will be running on my own server. I am the one who will be held responsible for any violations.
I'm very sorry, but I will not tolerate illegal actions of any kind here. NO WARNINGS FOR ILLEGAL ACTIVITY. You're gone.
Since the offending material has been removed I will leave this thread here as a warning. I'll leave it open for now but may lock it after hearing what the community has to say.
sysadmin posted on 2015-01-06 20:53:31 ET ReplyTrace
Poster Comment:
Shot down by nanny state community organizers, tater and palmjob.
In 2011, Righthaven tried its douchebag act against DU. DU countersued and won $131,457.50 just in legal fees, and caused Righthaven to soon be bankrupt and out of business.
Below is Document 201 of 14 June 2012 from the case.
RIGHTHAVEN LLC, a Nevada limited liability company, Plaintiff,
v.
DEMOCRATIC UNDERGROUND, LLC, a District of Columbia limited-liability company; and DAVID ALLEN, an individual, Defendants.
Case No.: 2:10-cv-01356-RLH-GWF
O R D E R
(Motion for Attorneys Fees #191)
Before the Court is Defendants Democratic Underground and David Allens Motion for Attorneys Fees (#191, filed Apr. 10, 2012). Plaintiff Righthaven LLC did not respond to the motion.
The Court notes that this motion was originally brought as against both Plaintiff Righthaven and against Counter-defendant Stephens Media LLC. However, on May 25, Democratic Underground and David Allen submitted a notice to the Court (Dkt. #200) stating that they were withdrawing the portion of their motion directed at Stephens Media separately and Stephens Media and Righthaven jointly. Thus, the only portion of the motion that remains for the Court to address is the request for fees against Righthaven separately from Stephens Media. However, since Righthaven has failed to oppose the motion, the Court need not even address that portion of the motion substantively.
Rule 7-2(d) of the Local Rules of Practice provides that failure to file points and authorities in opposition to a motion constitutes a consent that the motion be granted. Abbott v. United Venture Capital, Inc., 718 F. Supp. 828, 831 (D. Nev. 1989). It has been said these local rules have the force of law no less than the federal rules or acts of Congress. United States v. Hvass, 355 U.S. 570, 574-75 (1958); see also Weil v. Neary, 278 U.S. 160, 169 (1929); Marshall v. Gates, 44 F.3d 722, 723 (9th Cir. 1995). Thus, the Court grants Defendants request for fees in the amount of $131,457.50 against Righthaven.
The Court further notes that it has reviewed the motion substantively, considered the non-exclusive factors used in the Ninth Circuit to determine whether fees should be awarded in a copyright action, Entmt Research Group v. Genesis Creative Group, 122 F.3d 1211, 1229 (9th Cir. 1997), and determined that fees are warranted in this case. Further, the Court has determined that the fees Defendants request are reasonable under the lodestar method. See, e.g., Hensley v. Eckerhard, 461 U.S. 424, 433 (1983). Thus, even had Righthaven responded to the motion, the result would be the same.
CONCLUSION
Accordingly, and for good cause appearing,
IT IS HEREBY ORDERED that Defendants Motion for Attorneys Fees (#191) is GRANTED. The Court awards fees as against Righthaven in the amount of $131.457.50.
Dated: June 12, 2012.
ROGER L. HUNT United States Judge
DU nailed Righthaven not only for its case, but for all previous cases. Righthaven was bankrupted and auctioned off.
From Document #116, ORDER issued 14 June 2011
5. Prior Rulings within this District
Finally, Righthaven contends that multiple courts within this district have already determined that Righthaven has standing to bring claims for past infringement under the Silver standard based on the plain language of the copyright assignment. At best, this argument is disingenuous. As the undersigned issued one of the orders Righthaven cites for this argument, the undersigned is well aware that Righthaven led the district judges of this district to believe that it was the true owner of the copyright in the relevant news articles. Righthaven did not disclose the true nature of the transaction by disclosing the SAA or Stephens Medias pecuniary interests. As the SAA makes abundantly clear, Stephens Media retained the exclusive rights, never actually transferring them to Righthaven regardless of Righthavens and Stephens Medias current contentions. Further, Righthaven also failed to disclose Stephens Media in its certificates of interested parties, despite Stephens Medias right to proceeds from these lawsuits. (Dkt. #79, Ex. 1, SAA Section 5 (granting Stephens Media a fifty percent interest in any recovery, minus costs).)
Since those orders were tainted by Righthavens failure to disclose the SAA and Stephens Medias true interest, those decisions are not persuasive and do not support standing here.
[...]
IV. Order to Show Cause
As shown in the preceding pages, the Court believes that Righthaven has made multiple inaccurate and likely dishonest statements to the Court. Here, however, the Court will only focus on the most factually brazen: Righthavens failure to disclose Stephens Media as an interested party in Righthavens Certificate of Interested Parties. (Dkt. #5.) Rule 7.1-1 of the Local Rules of Practice for the District of Nevada requires parties to disclose all persons, associations of persons, firms, partnerships or corporations (including parent corporations) which have a direct, pecuniary interest in the outcome of the case. This Local Rule requires greater disclosure than Federal Rule 7.1, which only requires non-governmental corporate parties to disclose parent corporations or corporations owning more than 10% of the partys stock. Frankly, if receiving 50% of litigation proceeds minus costs (Dkt. #79, SAA Section 5) does not create a pecuniary interest under Local Rule 7.1-1, the Court isnt sure what would.
Making this failure more egregious, not only did Righthaven fail to identify Stephens Media as an interested party in this suit, the Court believes that Righthaven failed to disclose Stephens Media as an interested party in any of its approximately 200 cases filed in this District. Accordingly, the Court orders Righthaven to show cause, in writing, no later than two (2) weeks from the date of this order, why it should not be sanctioned for this flagrant misrepresentation to the Court.
Copyright troll Righthaven finally, completely dead
Never had standing to sue, Ninth Circuit confirms.
by Nate Anderson - May 9, 2013 7:00 pm UTC
Righthaven, the Las Vegas operation that sought to turn newspaper article copyright lawsuits into a business model, can now slap a date on its death certificate: May 9, 2013. This morning, the US Court of Appeals for the Ninth Circuit ruled on the two Righthaven appeals that could have given the firm a final glimmer of hopeand the court told Righthaven to take a hike (PDF).
On October 26, 2011, Righthaven was ordered to pay $119,488 in attorney's fees and court costs in its lawsuit against former federal prosecutor Thomas DiBiase. Righthaven had sued DiBiase for posting a Review-Journal story about a murder case without permission. Hunt, who had also presided over the Democratic Underground case, threw out Righthaven's suit that summer after finding Righthaven lacked standing.