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Righthaven extends copyright lawsuit campaign to individual Web posters
Las Vegas Sun ^ | Steve Green

Posted on 01/13/2011 11:42:25 AM PST by mnehring

Las Vegas copyright enforcement company Righthaven LLC is now suing individual message-board posters, not just website operators...

..An attorney for Righthaven on Wednesday said those notices (DCMA) don't apply to individual website users who violate copyrights by posting material online without authorization.

(Excerpt) Read more at lasvegassun.com ...


TOPICS: Breaking News; Business/Economy; Extended News; Free Republic; Miscellaneous
KEYWORDS: copyright; freerepublic; lvrj; organizedcrime; righthaven
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Oh great, now the sharks are going after individual posters on message boards, not just the sites. They are even going after posters on boards they already sued and settled with.
1 posted on 01/13/2011 11:42:28 AM PST by mnehring
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To: Jim Robinson; kristinn; DaveLoneRanger

ping


2 posted on 01/13/2011 11:43:02 AM PST by mnehring
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To: mnehring

Make sure you get the name right.

It’s Obi-Wan Kenobi.

Accept no substitutes.


3 posted on 01/13/2011 11:45:02 AM PST by BenKenobi (Rush speaks! I hear, I obey)
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To: mnehring
Higgins, according to Righthaven, posts as Jim_Higgins on a Google Groups message board. Records indicate that on Nov. 21 he posted a Review-Journal column about Transportation Security Administration pat downs of the elderly and disabled at Reno-Tahoe International Airport. The post credited columnist John L. Smith but didn't credit the Review-Journal, records show.

Here's an instance where the originating source wasn't given, just like that jerk blogger kept doing at FR a week or so back.

4 posted on 01/13/2011 11:47:26 AM PST by Netizen
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To: mnehring

LVRJ (closest I will get to the actual name)

You are ...Obsolete.
Sentence ... Death by Obscurity!


5 posted on 01/13/2011 11:48:46 AM PST by gwilhelm56 (NY... Can't afford to Live Here... Can't Afford to LEAVE!!)
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To: mnehring

Send my subpoena to Schultz, Ed, c/o MSNBC.


6 posted on 01/13/2011 11:49:29 AM PST by SnuffaBolshevik
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Comment #7 Removed by Moderator

To: mnehring

It would not be difficult to blackhole the Journal-Review.

For example, Google could just remove it from their searches. “We don’t want to infringe your copyright! What, no readers can find you now? Well, that’s not our problem...”


8 posted on 01/13/2011 11:54:20 AM PST by proxy_user
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To: mnehring
Righthaven, which is half owned by an affiliate of Review-Journal owner Stephens Media LLC, says its lawsuits, typically filed without warning, are necessary to crack down on rampant online infringement of newspaper stories, columns, editorials, photos and graphics.

I'm beginning to wonder if this 'rampant' infringement is due to blogging. If they don't give a link to an originating source, you wouldn't know if they wrote said article or not. I'd bet there are cases where bloggers don't cite the actual source and in that case they should get into trouble.

9 posted on 01/13/2011 11:55:37 AM PST by Netizen
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To: mnehring
The $105 Fix That Could Protect You From Copyright-Troll Lawsuits

So how is an individual poster supposed to do this?

10 posted on 01/13/2011 11:55:44 AM PST by smokingfrog (Do all the talking you want, but do what I tell you.)
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To: mnehring

I don’t think there’s anything they can hit me on, but you want to take me on, I’ll have a pro-bono attorney, and we will procedurally delay, delay, delay, and drain your coffers in attorneys fees. I’ll have some real fun with the discoveries. All my stuff is protected anyway, so as DX used to say. I got two words for you! Suck it!


11 posted on 01/13/2011 11:56:30 AM PST by Darren McCarty (We should lead ourselves instead of looking for leaders)
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To: BenKenobi

Rotsa ruck.

I gots no moneys, Obama din give me no pie.


12 posted on 01/13/2011 11:57:46 AM PST by cripplecreek (Remember the River Raisin! (look it up))
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To: proxy_user
So far, the only definitive ruling is one that went against Righthaven when a judge found a Las Vegas real estate agent was protected by the fair use doctrine in posting part of a Review-Journal story on his website.

We need to know why this agent was protected and how we can utilize that.

13 posted on 01/13/2011 11:58:11 AM PST by Netizen
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To: BenKenobi
It’s Obi-Wan Kenobi.

Oh! It's been a looooong time since I heard that name, Luke."

14 posted on 01/13/2011 11:59:11 AM PST by sam_paine (X .................................)
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Comment #15 Removed by Moderator

To: gwilhelm56

Reminds me of a Twilight Zone Episode


16 posted on 01/13/2011 12:03:12 PM PST by funfan
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To: funfan

Just have to remember 4 paragraphs good, 9 bad! lol


17 posted on 01/13/2011 12:05:53 PM PST by Netizen
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To: funfan

It’s a cookbook.


18 posted on 01/13/2011 12:08:54 PM PST by JPG (YES SHE CAN!)
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To: proxy_user

** “We don’t want to infringe your copyright! What, no readers can find you now? Well, that’s not our problem...” **

works for me ... I won’t even click a link from LVRJ.. I’d rather accept a link from National Enquirer before these idiots.


19 posted on 01/13/2011 12:10:41 PM PST by gwilhelm56 (NY... Can't afford to Live Here... Can't Afford to LEAVE!!)
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To: sam_paine

:pinching his nose: “The Force is strong in this one.”

:)


20 posted on 01/13/2011 12:11:16 PM PST by Clioman
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To: cripplecreek

Thanks. I don’t like bullies, and this is the online equivalent of beating you up to steal your lunch money.


21 posted on 01/13/2011 12:15:05 PM PST by BenKenobi (Rush speaks! I hear, I obey)
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To: mnehring

They play the settlement game.

Go for a jury trial. Defend yourself there.


22 posted on 01/13/2011 12:16:09 PM PST by fruser1
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To: BenKenobi

Poverty has its silver linings.


23 posted on 01/13/2011 12:16:24 PM PST by cripplecreek (Remember the River Raisin! (look it up))
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To: mnehring

Nobody should allow them to put anything so much as a name on their website without threat of a lawsuit.


24 posted on 01/13/2011 12:22:25 PM PST by Free Vulcan (The cult of Islam must be eradicated by any means necessary.)
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To: smokingfrog

These guys don’t bother with DMCA takedown notices. If you notice on the front page, FR has a contact. This company circumvents that entire process, which was meant to stop infringing while allowing sites like FR to function, and goes straight to lawsuits.

It’s not for individual posters in any case though.


25 posted on 01/13/2011 12:29:26 PM PST by antiRepublicrat
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To: Free Vulcan

I have a question. This is from another article.

http://www.lasvegassun.com/news/2010/oct/20/righthaven-defendant-wins-first-lawsuit-dismissal-/

Righthaven is a Las Vegas company that detects online infringements to Review-Journal material, obtains copyrights to that material and then sues alleged infringers on a retroactive basis and typically without warning.


Righthaven looks for an abuse, obtains the copyright then sues. Isn’t that like creating a law after the fact. If they didn’t have/own the copyright and the time the alleged abuse occurred, why should they be able to sue?


26 posted on 01/13/2011 12:32:38 PM PST by Netizen
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To: fruser1
They play the settlement game. Go for a jury trial. Defend yourself there.

They also pay the "bankrupt the defendant" game. You'd better have big bank before defending, because they'll pour money into their side in order to prevent precedent against them. Or you could get lucky and have a smart judge who will throw it out on a motion for summary judgment.

27 posted on 01/13/2011 12:35:39 PM PST by antiRepublicrat
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Comment #28 Removed by Moderator

To: mnehring; All

If there’s ever any doubt, keep your excerpts brief. It’s my understanding that non-commercial fair use allows anyone to quote portions of copyrighted material for criticism or commentary. But they’re always trying to make it tough on us peons.


29 posted on 01/13/2011 12:40:15 PM PST by Jim Robinson (Rebellion is brewing!! Nuke the corrupt commie bastards to HELL!!)
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To: Netizen

I guess it depends on how many words are in the four paragraphs? I believe FR limits posts to 300 words. Another problem we sometimes have here on FR is people changing the title of the article.


30 posted on 01/13/2011 12:44:23 PM PST by smokingfrog (Do all the talking you want, but do what I tell you.)
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To: smokingfrog
I guess it depends on how many words are in the four paragraphs? I believe FR limits posts to 300 words. Another problem we sometimes have here on FR is people changing the title of the article.

Some paragraphs are bigger than others. I think it comes down to percentage. The real estate agent posted 4 paragraphs out of 34. I'm thinking a really short article, even 50 words might be too much.

31 posted on 01/13/2011 12:47:07 PM PST by Netizen
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To: smokingfrog; jimrob

http://www.wired.com/threatlevel/2010/10/dmca-righthaven-loophole/#

I sure hope Fr has spent the $105.


32 posted on 01/13/2011 12:48:32 PM PST by Blood of Tyrants (Islam is the religion of Satan and Mohammed was his minion.)
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To: mnehring

OP, expect to be sued by ‘Wrong’haven for using their name in your post. I have avoided the lawsuit by changing their name in my post.


33 posted on 01/13/2011 12:49:32 PM PST by rawhide
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To: Netizen
I think it comes down to percentage.

Something to consider, for sure.

34 posted on 01/13/2011 12:49:52 PM PST by smokingfrog (Do all the talking you want, but do what I tell you.)
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To: mnehring

Oh, damn. Guess it’s gonna be a real PITA if your posters are behind proxies. Good luck with that, Righthaven.


35 posted on 01/13/2011 12:50:33 PM PST by OCCASparky (Steely-eyed killer of the deep.)
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To: Blood of Tyrants

I looked, they did! :)


36 posted on 01/13/2011 12:50:54 PM PST by Netizen
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To: BenKenobi

They can contact me about lawsuits at:

Chris Matthews
c/o MSNBC, NBC News
30 Rockefeller Plaza
New York, N.Y. 10112


37 posted on 01/13/2011 12:52:23 PM PST by mnehring
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To: rawhide
OP, expect to be sued by ‘Wrong’haven for using their name in your post. I have avoided the lawsuit by changing their name in my post.

I thought you were going to say that you were changing your screen name to Righthaven! lol

38 posted on 01/13/2011 12:52:34 PM PST by Netizen
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To: mnehring
What are they going to do about posters who live in foreign countries? Extradite them?

-PJ

39 posted on 01/13/2011 1:01:32 PM PST by Political Junkie Too ("Comprehensive" reform bills only end up as incomprehensible messes.)
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To: Jim Robinson; mnehring

JimRob,

They will have to subpoena you in order to obtain our personal identities or contact information, correct?


40 posted on 01/13/2011 1:03:08 PM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: BuckeyeTexan

I have a serious question in regards to this.

At one point I was an admin/moderator on a “bi-partisan” message board. Of course I lit all the libs up there like a Christmas tree in how much they disliked me and my posting style. I decided it wasn’t worth the trouble and quit.

On my way out the door I deleted ALL my posts/threads and the site content was reduced dramatically. The owner of the site restored my posts from a site backup against my wishes and said I had no recourse but to accept that I posted it and since he owned the site and messages posted to it.

Now, what exactly would MY legal options have been?


41 posted on 01/13/2011 1:12:16 PM PST by PittsburghAfterDark
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To: mnehring

They do this and all of sudden message boards will have “post as anonymous” option.


42 posted on 01/13/2011 1:16:55 PM PST by GraceG
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To: BuckeyeTexan

Well, we’ll fight off any subpoenas to the best of our ability. I’m pretty sure there are precedents to protect anonymity on public postings.


43 posted on 01/13/2011 1:17:20 PM PST by Jim Robinson (Rebellion is brewing!! Nuke the corrupt commie bastards to HELL!!)
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To: mnehring

They are even going after posters on boards they already sued and settled with.

How can they do this?

Obviously they have turned this into a business. Has nothing to do with the Law.


44 posted on 01/13/2011 1:17:55 PM PST by Marty62 (Marty 60)
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To: mnehring
Mr. Snrub Here.....


45 posted on 01/13/2011 1:19:50 PM PST by Vaquero (BHO....'The Pretenda from Kenya')
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To: PittsburghAfterDark

IANAL, but I would think that if you have proof (logs, screen shots, cached web pages) that you removed/deleted any such postings that your liability, if any, would be limited to the time period during which you had administrative control over said postings.


46 posted on 01/13/2011 1:20:33 PM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: mnehring

Will we ever have tort reform in this country?


47 posted on 01/13/2011 1:27:22 PM PST by Weird Tolkienish Figure
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To: GraceG

Unfortunately, anonymous posting would give an open door to automated spambots. Forums would be filled with Viagra and “enlargement” ads and things much worse.

Any way to obscure a public post with “Name Withheld” or some other descriptor, but leaves a record in the server would only invite supoenas of the identity of the poster. If the record of the true poster was deleted from the server after the post, then a lawsuit could allege that data was being deleted on purpose and the owners liable.

Groan!


48 posted on 01/13/2011 1:27:26 PM PST by PastorBooks
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To: Jim Robinson

So, for example, if they subpoena my information, will you notify me and give me the option of hiring an attorney to fight the subpoena or pay for your attorney’s legal costs to do so?

I’m just curious. I don’t think I’ve violated their copyright.


49 posted on 01/13/2011 1:28:24 PM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: PittsburghAfterDark

By agreeing to post, you probably gave them rights to own your post forever


50 posted on 01/13/2011 1:29:01 PM PST by mewykwistmas ("Only the stupidest of all calves choose their own butcher")
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