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Las Vegas Review-Journal Sues Disabled Vet (Free Republic)
Townhall ^

Posted on 07/21/2010 10:18:58 AM PDT by mnehring

Imagine for a moment your grandmother creating a blog to talk about her gardening. One of her friends leaves a comment on her blog with a news article about gardens in her area. Sounds innocent enough? Actions like this happen every second on the Internet.

Now imagine the news source in the comment suddenly, without warning, suing your grandmother for the comment left on her blog, demanding high monetary compensation and possibly even control of her blog.

Incidents like this happen all the time. The latest targets of these types of lawsuits include Jim Robinson, a disabled veteran, and his website FreeRepublic.com. Free Republic is one of the oldest Conservative news discussion forums on the Internet. It is also non-commercial, relying on donations from members to keep the lights on. At Free Republic, members of the public can post and discuss news articles and most of these member’s identities remain anonymous. One of these anonymous members posted a news article from the website of the Las Vegas Review-Journal without the awareness that this publication has contracted with Righthaven LLC to track down and file lawsuits against anyone who posts articles from their website. According to the Las Vegas Sun, over 70 such lawsuits have been filed by Righthaven on behalf of the Las Vegas Review-Journal since the first of the year, many against small blogs or, like the Free Republic incident, against forums whose anonymous members have posted articles.

According to postings at Free Republic, the owner never received a take-down request, and if he had, would have removed the articles immediately.  Free Republic has been very vigilant in providing members “no post” or “excerpt only” lists of publications that wish to limit distribution of their material.   Unfortunately for Free Republic and countless other websites, notification of the Las Vegas Review-Journal’s request seems to have come in the form of a lawsuit with no prior notification of their wishes or any take-down notification as required by the safe harbor act of the DMCA. 

To complicate matters even further, all article pages at the Las Vegas Review-Journal include links encouraging members to share the content on social networking sites. These links share the title and URL of the article, but provide little guidance to the average person, of what they are or aren’t allowed to post. In the context of the massive amount of lawsuits filed by Righthaven and the Las Vegas Review-Journal, one could come to an opinion that this may be more of a revenue scheme versus legitimately protecting copyrights.

We strongly believe in the protection of one’s intellectual property and respecting copyrights, however, in this day and age of social media, the line of what can be shared versus protected is rarely clear.  Luckily for blogs and other website owners, the safe harbor provisions in the DMCA and case law such as Viacom v. YouTube provide protections to citizens from these unclear judgments.

For groups like Righthaven, I’m sure the hope is that a majority of these small websites don’t fight but instead seek to hand over a monetary settlement. What is needed, however, is for any number of these sites to stand up and say “enough” of these predatory practices.

 


TOPICS: Breaking News; Free Republic
KEYWORDS: copyright; dmca; fairuse; freerepublic; frinthenews; lasvegasreview; righthaven; righthavenllc; stephensmediagroup; thomasmitchell
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To: Gatún(CraigIsaMangoTreeLawyer)

You might try sending your ideas direct to Jim Robinson, owner of this website. It is his call and his alone as to whether he moves FR’s site registration offshore to Panama or elsewhere to avoid harassment lawsuits like this. If he says no, then at least you can say you tried.

Just type in Jim Robinson in the ‘To:’ box and send your idea directly to him. Or send him a private Freepmail.

Your idea is a good one to potentially avoid harrassment lawsuits like this from the LVRJ, but again, you need to bring this directly to Jim Robinson’s attention.


41 posted on 07/21/2010 11:14:26 AM PDT by AmericaOne (Sneaking In is NOT Immigration!!!)
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To: NormsRevenge

This is pathetic.

I understand and know the need for copyright laws, but sometimes it becomes a joke. I would think the Las Vegas news people would appreciate more hits, more traffic and more intrest in their product which is news reporting. Dying newspapers will continue to die and they deserve it.


42 posted on 07/21/2010 11:15:44 AM PDT by se_ohio_young_conservative
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To: NYer; Notwithstanding; mnehring; Salvation; wagglebee

Contribute to the FReepathon and that will help Jim as much as anything.


43 posted on 07/21/2010 11:16:38 AM PDT by calex59
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To: Nevadan
Near as I can tell the LVRJ hasn't made any direct comment on it yet. They weren't on the FR "do not post" list because they hadn't asked to be. These are attorneys making a claim on their behalf, but I'm wondering if it's actually in their interest.
44 posted on 07/21/2010 11:17:46 AM PDT by Billthedrill
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To: AmericaOne
You mean I can't get you to move John's web servers offshore? What's the world coming to?

;^)

45 posted on 07/21/2010 11:19:20 AM PDT by Cyber Liberty (Build a man a fire; he'll be warm for a night. Set a man on fire; he'll be warm the rest of his life)
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To: AmericaOne

I forgot the /u, as you can see...


46 posted on 07/21/2010 11:20:46 AM PDT by Cyber Liberty (Build a man a fire; he'll be warm for a night. Set a man on fire; he'll be warm the rest of his life)
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To: mnehring
To complicate matters even further, all article pages at the Las Vegas Review-Journal include links encouraging members to share the content on social networking sites. These links share the title and URL of the article, but provide little guidance to the average person, of what they are or aren’t allowed to post.

Any knowledgeable judge should instantly throw out the lawsuit based on the existence of those links, which are tantamount to an invitation to the public to "give away our content".

If the RJ doesn't like it, they can sell Bloomberg-like terminals to their subscribers for $100/month and make that the only means of accessing their content. Two or three people might even buy one. :)

47 posted on 07/21/2010 11:22:28 AM PDT by Mr. Jeeves ( "The right to offend is far more important than any right not to be offended." - Rowan Atkinson)
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To: Envisioning; MrEdd

That looks like Monument Valley. If that’s the case, that’s not Arizona, but Utah.


48 posted on 07/21/2010 11:25:21 AM PDT by AlmaKing
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To: Windflier

“Oh, people are listening. I’ve noticed you posting this data before. You don’t really expect people to openly discuss such a thing here, if they’re considering such a move, do you?”

I suppose you may be right. I have always been an impatient person. Yesterday was not soon enough and today and tomorrow are too late in these types of things.

As you say, publicly yammering about it may not be good. After all, one does not give away one’s war plans. Quite possibly Jim is working on it. But, these things in Panama only take a few days and not a few weeks or months. This fact is what is bothering me; and hence, as I see it, this could have been accomplished a long time ago.

Never the less, thank you for telling me cool my heels and in a polite way to shut up....

:)


49 posted on 07/21/2010 11:30:17 AM PDT by Gatún(CraigIsaMangoTreeLawyer)
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To: AlmaKing

That’s one of the “Mittens”. It’s about a half-mile below the line. The far background is Utah.


50 posted on 07/21/2010 11:37:31 AM PDT by MARTIAL MONK (I'm waiting for the POP!)
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To: AmericaOne

Thank you for your post.

I am sure JR or someone close to him has been reading these posts so no need to waste my time.

The important thing is to get a hold of Free Dominion, if he hasn’t already, to get a direct line to their folks here in Panama. Soon isn’t soon enough.


51 posted on 07/21/2010 11:38:55 AM PDT by Gatún(CraigIsaMangoTreeLawyer)
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To: mnehring

God bless JimRob!


52 posted on 07/21/2010 11:39:39 AM PDT by Road Warrior ‘04 (I miss President Bush greatly! Palin in 2012! 2012 - The End Of An Error! (Oathkeeper))
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To: Cyber Liberty
It looks like to me that the big objection in the lawsuit involves the posting of articles that are of specific interest to Nevadans. That somehow the posting of these articles take money out of the RJ’s pocket. The list in the lawsuit also included articles re: Sharron Angle. Of course, what happens in Nevada regarding the US Senate race is of nationwide interest, not simply state interest. Imagine if this lawsuit mentality were to be applied nationwide. The results would be devastating - not only to sites such as Free Republic, but also to the dissemination of news.
53 posted on 07/21/2010 11:45:52 AM PDT by Nevadan
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To: humblegunner; Slings and Arrows

Jim Thompson was unavailable for comment.


54 posted on 07/21/2010 11:53:51 AM PDT by a fool in paradise (I wish our president loved the US military as much as he loves Paul McCartney.)
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To: mnehring
We'll be having lots o' new trolls with the publicity.

/johnny

55 posted on 07/21/2010 11:54:29 AM PDT by JRandomFreeper (Gone Galt)
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To: mnehring

maybe we can get every conservative blog and website on the planet to hold a “post an article from the Las Vegas Review-Journal Day” ?

I AM SPARTACUS!


56 posted on 07/21/2010 11:58:19 AM PDT by Buckeye McFrog
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To: Buckeye McFrog

Kind of like draw Mohammed day


57 posted on 07/21/2010 11:59:50 AM PDT by mnehring
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To: AlmaKing
That looks like Monument Valley. If that’s the case, that’s not Arizona, but Utah.

Monument Valley covers portions of both Arizona and Utah. Many of the movies were filmed in Arizona.

58 posted on 07/21/2010 12:01:03 PM PDT by bcsco (First there was Slick Willie. Now there's "Oil Slick" Barry...)
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To: Gatún(CraigIsaMangoTreeLawyer)
thank you for telling me cool my heels and in a polite way to shut up....

Heh... I do try to be polite, but I was actually trying to reassure you. Don't be hard on yourself. You've planted a seed, and given many people a back-up plan, should things go south in a hurry.

59 posted on 07/21/2010 12:05:26 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: Nevadan
It looks like to me that the big objection in the lawsuit involves the posting of articles that are of specific interest to Nevadans.

I agree with you. Can you tell me if the LVRJ is a large or small circulation paper? Independent or large corporation? I know if it were a Gannett property, it would be a link-only source.

60 posted on 07/21/2010 12:07:51 PM PDT by Cyber Liberty (Build a man a fire; he'll be warm for a night. Set a man on fire; he'll be warm the rest of his life)
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