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Judge rules Righthaven lacks standing to sue, threatens sanctions over misrepresentations
Las Vegas Sun ^ | 06/14/2011 | By Steve Green

Posted on 06/14/2011 3:54:47 PM PDT by redreno

A federal judge in Las Vegas today issued a potentially devastating ruling against copyright enforcer Righthaven LLC, finding it doesn't have standing to sue over Las Vegas Review-Journal stories, that it has misled the court and threatening to impose sanctions against Righthaven.

Because he found Righthaven doesn't have standing to sue, Chief U.S. District Judge for Nevada Roger Hunt dismissed Righthaven's copyright infringement lawsuit against the Democratic Underground.

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


TOPICS: Breaking News; Crime/Corruption; Free Republic; US: Nevada
KEYWORDS: copyright; copyrighttroll; du; fairuse; happydance; lawsuit; legalabuse; righthaven; wronghaven
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1 posted on 06/14/2011 3:54:55 PM PDT by redreno
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To: Jim Robinson; Artemis Webb; AdmSmith; AnonymousConservative; Berosus; bigheadfred; ColdOne; ...

ping


2 posted on 06/14/2011 3:58:38 PM PDT by redreno (Americans don't go Gault. Americans go Postal.)
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To: redreno
Good to see Righthaven lose. Too bad the DUmmies have to win.
3 posted on 06/14/2011 3:59:18 PM PDT by KarlInOhio (Extremism in the defense of liberty is no vice! Tea Party extremism is a badge of honor.)
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To: redreno
Chief U.S. District Judge for Nevada Roger Hunt dismissed Righthaven's copyright infringement lawsuit against the Democratic Underground.

Good. (seems funny to side with the DU)
4 posted on 06/14/2011 4:00:25 PM PDT by cripplecreek (Remember the River Raisin! (look it up))
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To: redreno
The article said they are allowing Democratic Underground to pursue a quest for Attorney's fees against Stephens Media.

This could be the beginning of the end for Righthaven and an expensive hit for Stephens Media!

5 posted on 06/14/2011 4:01:47 PM PDT by Anti-Bubba182
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To: redreno

Oh My.. a blow for freedom


6 posted on 06/14/2011 4:01:52 PM PDT by NormsRevenge (Semper Fi ... Godspeed .. Monthly Donor Onboard .. Obama: Epic Fail or Bust!!!)
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To: redreno

I don’t know the legalities involved, but is it possible that those who paid settlements to righthaven will have recourse to have their money returned to them?


7 posted on 06/14/2011 4:02:02 PM PDT by lonevoice (Where the Welfare State is on the march, the Police State is not far behind)
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To: KarlInOhio

>>Too bad the DUmmies have to win. <<

Well, EFF won. The DUmmies were just the beneficiaries.

I wonder if this doesn’t open the door a crack about that insane ruling against FR a few years back...


8 posted on 06/14/2011 4:02:30 PM PDT by freedumb2003 (Herman Cain 2012)
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To: redreno

9 posted on 06/14/2011 4:03:09 PM PDT by richmwill
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To: Anti-Bubba182

The EFF is representing DU, and would collect the legal fees... that’s not a bad thing.


10 posted on 06/14/2011 4:04:12 PM PDT by Keith in Iowa (FR Class of 1998 | TV News is an oxymoron. | MSNBC = Moonbats Spouting Nothing But Crap.)
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To: redreno

More great news. This could wind up hitting them deep in their pockets.


11 posted on 06/14/2011 4:04:59 PM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: redreno

heh heh heh


12 posted on 06/14/2011 4:05:19 PM PDT by Recovering_Democrat
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To: Jim Robinson; xzins; blue-duncan; wmfights

Hey Jim.

Based on this ruling I think you might be able to sue these B@$+@rd$ for Fraud.

Check with your attorneys.


13 posted on 06/14/2011 4:07:52 PM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: lonevoice; Jim Robinson; xzins; blue-duncan; wmfights
I don’t know the legalities involved, but is it possible that those who paid settlements to righthaven will have recourse to have their money returned to them?

If the cases were settled based on fraudulent misrepresentations by Righthaven and their attorneys, then I do believe that the settlements can be set aside and the defendants could sue Righthaven for fraud (which means they get socked with treble damages and possibly punitive damages and attorney fees).

14 posted on 06/14/2011 4:11:36 PM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: redreno

15 posted on 06/14/2011 4:12:20 PM PDT by South40 (Ron Paul and his flaming antiwar spam monkeys can Kiss my Ass!!" -- Jim Robinson, 09/30/07)
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To: redreno

I think I’ll go celebrate by posting a full article. :-P


16 posted on 06/14/2011 4:13:55 PM PDT by OrangeHoof (Obama: The Dr. Kevorkian of the American economy.)
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To: redreno

Thank you for the ping. It’s weird to be siding with DU on something but I hope they kick Righthaven’s ass.


17 posted on 06/14/2011 4:20:08 PM PDT by Artemis Webb (Perry 2012! A Conservative who can win!)
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To: P-Marlowe
which means they get socked with treble damages and possibly punitive damages and attorney fees

That would be awesome! Treble damages, punitives and attorney fees, when combined for all those entities that have previously settled, would possibly be significant enough to put these flim flam con artists permanently out of business

18 posted on 06/14/2011 4:25:02 PM PDT by lonevoice (Where the Welfare State is on the march, the Police State is not far behind)
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To: Artemis Webb; redreno
It’s weird to be siding with DU on something but I hope they kick Righthaven’s ass.
Yeah, OK. Just as long as I don't have to actually go to their site.
19 posted on 06/14/2011 4:25:10 PM PDT by SmithL
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Hunt, Roger L.
Born 1942 in Overton, NV

Federal Judicial Service:
Judge, U. S. District Court, District of Nevada
Nominated by William J. Clinton on March 27, 2000, to a new seat created by 113 Stat. 1501; Confirmed by the Senate on May 24, 2000, and received commission on May 25, 2000. Served as chief judge, 2007-present.

U.S. Magistrate Judge, U.S. District Court for the District of Nevada, 1992-2000

Education:
Brigham Young University, B.A., 1966
George Washington University, J.D., 1970

Professional Career:
Deputy district attorney, Clark County District Attorney's Office, 1970-1971
Private practice, Las Vegas, NV, 1971-1992

20 posted on 06/14/2011 4:27:52 PM PDT by SmithL
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To: redreno
Yo, Righthaven



Zot!

21 posted on 06/14/2011 4:29:39 PM PDT by glock rocks (Crouch as low as possible to the floor and cover your head with your hands.)
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To: redreno
Can the meat of the suit against FR by Righthaven be posted here so we can see if it contains false representations?

I hope Jim saved his receipt so FR can get its money back!

Leni

22 posted on 06/14/2011 4:31:30 PM PDT by MinuteGal (Bring Back the MISERY INDEX! Obama's INDEX! Include Food & Energy in a TRUTHFUL INDEX!)
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To: cripplecreek

Don’t let it happen too often.;)


23 posted on 06/14/2011 4:35:08 PM PDT by WinOne4TheGipper
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To: P-Marlowe
Righthaven was created and exists for one reason, suing people. Seems like a simple case of barratry.

The specifics of this ruling are that the LVRJ only signed over rights to sue over use of their content, but maintained the other rights to the content. That means that when Righthaven claimed injury to themselves, when filing the suits, they were misleading the court. They are toast.

24 posted on 06/14/2011 4:40:05 PM PDT by USNBandit (sarcasm engaged at all times)
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To: redreno

Awesome news!


25 posted on 06/14/2011 4:40:33 PM PDT by rockrr (Everything is different now...)
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To: redreno

That is fantastic! Grats DU! That’s a win for everyone these scum sucking lawyers went after.


26 posted on 06/14/2011 4:41:33 PM PDT by Domandred (Fdisk, format, and reinstall the entire .gov system.)
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To: 2nd amendment mama

Ping!


27 posted on 06/14/2011 4:43:30 PM PDT by basil (It's time to rid the country of "gun free zones" aka "Killing Fields")
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To: KarlInOhio

The ruling also means that Righthaven doesn’t have standing to sue ANYONE over Las Vegas Review-Journal stories.


28 posted on 06/14/2011 4:45:39 PM PDT by Blood of Tyrants (Islam is the religion of Satan and Mohammed was his minion.)
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To: redreno

ROTFLOL They have no standing.


29 posted on 06/14/2011 4:47:46 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: redreno

Good news indeed!

In this case, the enemy of our enemy is our...well, not friend exactly...but at least we have something in common.


30 posted on 06/14/2011 4:49:03 PM PDT by bigbob
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To: MinuteGal; redreno; Jim Robinson

Celebration may be premature. Righthavens suit against DU and DU’s counter claim were both dismissed because Righthaven does not own the full copyrights and does not have standing. They do not own the copyrights because the agreement between Righthaven and Stevens Media (Strategic Alliance Agreement) gives Righthaven only the right to sue.

However, in the ruling the judge specifically states that Stephens Media, as owners of the copyright, can assert claims [for copyright infringment] against DU if it so wishes (p.11, line 14 of the link).

http://media.lasvegassun.com/media/pdfs/blogs/documents/2011/06/14/rhavendemoug6142011.pdf

So the issue of fair use remains unresolved and although Righthaven is very likely and rightly out of business, Stevens Media can pick up where they left off.

See this link:
http://www.vegasinc.com/news/2011/jun/14/judge-rules-righthaven-lacks-standing-sue-threaten/


31 posted on 06/14/2011 4:51:47 PM PDT by CedarDave (Things are so bad at the NY Times they have to outsource their investigations.)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

Thanks redreno.
a potentially devastating ruling against copyright enforcer Righthaven LLC

32 posted on 06/14/2011 4:52:14 PM PDT by SunkenCiv (Thanks Cincinna for this link -- http://www.friendsofitamar.org)
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To: redreno; Jim Robinson

There is at least one class action in Colorado against these punks on behalf of websites that have settled.


33 posted on 06/14/2011 5:00:34 PM PDT by eureka! (Bless Our Troops. D*mn the Left.)
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To: KarlInOhio

We may not like them or what they have to say, but they still have a right to say it. It’s preposterous for somebody to think that online articles won’t be linked to and quoted by many other people.


34 posted on 06/14/2011 5:33:20 PM PDT by wastedyears (SEAL SIX makes me proud to have been playing SOCOM since 2003.)
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To: redreno; Chode

And the Shysters take another one in the keister!


35 posted on 06/14/2011 5:51:34 PM PDT by DTogo (High time to bring back the Sons of Liberty !!)
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To: redreno
This is good news even if the DUmp wins.


36 posted on 06/14/2011 6:17:23 PM PDT by Liberty Valance (Keep a simple manner for a happy life :o)
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To: redreno

Wow! This is a big deal to me (and Jim Robinson to say the least). My book on Harry Reid by necessity quotes the RJ and was a reason I had to hold back. If this stands, I will be back at Harry’s jugular. I have another lead on bribes that are right out of the movie Casino.


37 posted on 06/14/2011 6:53:11 PM PDT by DaxtonBrown (HARRY: Money Mob & Influence (See my Expose on Reid on amazon.com written by me!))
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To: USNBandit

[the LVRJ only signed over rights to sue over use of their content, but maintained the other rights to the content]

How could tey be that stupid?


38 posted on 06/14/2011 6:55:49 PM PDT by DaxtonBrown (HARRY: Money Mob & Influence (See my Expose on Reid on amazon.com written by me!))
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To: CedarDave

You forgot the part where “ he’s allowing the Democratic Underground to continue its counterclaim against Stephens Media LLC, owner of the Review-Journal”


39 posted on 06/14/2011 7:00:03 PM PDT by Psycho_Bunny (Public employee unions are the barbarian hordes of our time.)
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To: redreno

Huh. For some reason I can’t seem to find this story on the Las Vegas Review-Journal’s website. Weird.

In fact, putting ‘Righthaven’ into their search box yields zero results. Most strange.

:-)


40 posted on 06/14/2011 7:17:09 PM PDT by verum ago (A liberal's mind is like a single action revolver with a bobbed hammer)
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To: DaxtonBrown

One would think the contract itself will be enough to take Righthaven to the Nevada Bar Association. This is a company that created itself for one reason, and the LVRJ conspired to do this instead of hiring their own lawyers to sue for them.


41 posted on 06/14/2011 7:27:04 PM PDT by USNBandit (sarcasm engaged at all times)
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To: Artemis Webb

.


42 posted on 06/14/2011 8:37:57 PM PDT by Artemis Webb (Perry/Bachmann 2012! Conservatives who can win!)
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To: redreno

Can’t believe it took this long for the courts to come to this conclusion. I hope all of those that settled out of court can also sue these jerks... I’d like to hear that the Bar Association is investigating these scumbags as well.


43 posted on 06/14/2011 8:49:52 PM PDT by LibertyRocks
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To: Artemis Webb

Even the ACLU gets it right sometimes.


44 posted on 06/14/2011 9:09:17 PM PDT by SeaHawkFan
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To: redreno

Bookmark.


45 posted on 06/14/2011 9:14:48 PM PDT by EternalVigilance ('We hold these truths to be self-evident...' Are you still part of that 'we'?)
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To: redreno

Copyright troll Righthaven zotted by a federal judge. That’s gotta hurt!!


46 posted on 06/14/2011 9:16:02 PM PDT by Jim Robinson (Rebellion is brewing!! Impeach the corrupt Marxist bastard!!)
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To: Jim Robinson

47 posted on 06/14/2011 9:18:11 PM PDT by EternalVigilance ('We hold these truths to be self-evident...' Are you still part of that 'we'?)
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To: KarlInOhio

At least it sets a precedent.

Who knows. If had been FR first, we might have lost.

For that reason, I guess I can live with DU winning this one.

Righthaven needed to be stopped.


48 posted on 06/14/2011 9:21:31 PM PDT by metmom (Welfare was never meant to be a career choice.)
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To: CedarDave

“So the issue of fair use remains unresolved and although Righthaven is very likely and rightly out of business, Stevens Media can pick up where they left off.”

Yeah, but Stevens Media was a contractual party to the fraud committed by Righthaven, even retaining 50% of any booty.

My guess is Stevens Media will soon be so busy fending off a whole slew of lawsuits against them that they won’t have time to sue anyone else for anything, ever. Stevens Media may be lucky to survive the legal tsunami coming their way!


49 posted on 06/14/2011 9:39:59 PM PDT by catnipman (Cat Nipman: Made from the right stuff!)
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To: DTogo

and the RATS, take another one in the.........HA ha!!!

50 posted on 06/14/2011 9:57:34 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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