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"Copyright Troll" Righthaven Passes Early Federal Court Test
The American Lawyer ^ | Sept 9, 2010 | by Susan Beck

Posted on 09/09/2010 7:42:48 PM PDT by Jim Robinson

Edited on 09/09/2010 7:45:00 PM PDT by Jim Robinson. [history]

Last month, we told you about a provocative new venture by a lawyer named Steve Gibson, who has filed more than 100 copyright infringement suits in the last few months. Gibson acquired copyrights from the Las Vegas Review-Journal, and has filed suits based on those rights against bloggers and others who allegedly posted stories without getting permission or paying reprint fees. As we noted then, Gibson's IP holding company, Righthaven, is the first of the "copyright trolls."


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


TOPICS: Extended News; News/Current Events; US: Nevada
KEYWORDS: copyright; lawsuits; lvrj; righthaven
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(Judge tosses out defendant's motion to dismiss Righthaven’s claim for lack of jurisdiction and lack of standing.)
1 posted on 09/09/2010 7:42:53 PM PDT by Jim Robinson
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To: Jim Robinson

Sounds like he is an enemy.

We have a lawyer in FL that goes around looking for small businesses that can’t afford to comply with every nuance of the handicapped act.

You know, totally revamping bathrooms in a small restaurant or such. From what I heard he’s destroyed a lot of people financially. And he lines his pockets with the proceeds.


2 posted on 09/09/2010 7:46:59 PM PDT by I still care (I believe in the universality of freedom -George Bush, asked if he regrets going to war.)
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To: Jim Robinson

Looks like the righthaven keyword is one to monitor.


3 posted on 09/09/2010 7:52:33 PM PDT by NonValueAdded ("It's amazing, A man who has such large ears could be so tone deaf" Rush Limbaugh 9/8/10)
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To: Jim Robinson

Someone said somewhere that Steve Gibson was a pedophile who also smoked crack with hookers. I don’t know who, but I believe it was a Las Vegas Review Journal reporter. He might want to check that out.


4 posted on 09/09/2010 7:53:16 PM PDT by struggle ((The struggle continues))
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To: Jim Robinson

If it wasn’t fair use it was shear concern.


5 posted on 09/09/2010 7:54:39 PM PDT by allmost
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To: I still care

where in this state and what’;s the name?


6 posted on 09/09/2010 7:57:03 PM PDT by manc (WILL OBAMA EVER GO TO CHURCH ON A SUNDAY OR WILL HE LET THE MEDIA/LEFT BE FOOLED FOR EVER)
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To: Jim Robinson

Him?

http://www.nolo.com/ldir/lawyerprofile.do?lawyerId=3547


7 posted on 09/09/2010 8:01:00 PM PDT by RedMDer (Throw them all out in 2010... Forward with Confidence! Forward!)
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To: I still care

You should burn a bag of Qurans in his back yard and then call the local Imam.


8 posted on 09/09/2010 8:05:29 PM PDT by streetpreacher (Arminian by birth, Calvinist by the grace of God)
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To: RedMDer

He’s a flamer.


9 posted on 09/09/2010 8:06:31 PM PDT by streetpreacher (Arminian by birth, Calvinist by the grace of God)
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To: Jim Robinson
The judge was Roger Hunt
From Wikipedia: http://en.wikipedia.org/wiki/Roger_L._Hunt Roger L. Hunt (born 1942) is a United States federal judge.

Hunt was born in Overton, Nevada. He received a B.A. from Brigham Young University in 1966. He received a J.D. from George Washington University in 1970. He was a Deputy district attorney of Clark County District Attorney's Office from 1970 to 1971. He was in private practice in Las Vegas, NV from 1971 to 1992.

Hunt was a federal judge on the United States District Court for the District of Nevada. Hunt was nominated by President Bill Clinton on March 27, 2000, to a new seat created by 113 Stat. 1501. He was confirmed by the United States Senate on May 24, 2000, and received his commission on May 25, 2000. He served as chief judge from 2007-present.

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

Hunt is a Latter-day Saint. Among other positions in The Church of Jesus Christ of Latter-day Saints he has served as a stake president.

10 posted on 09/09/2010 8:11:29 PM PDT by Nevadan
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To: Jim Robinson
Sounds like it might be a good idea to require excerpting on everything from here on out.

I can see a lib lawyer going around buying blog posts and stories that are posted on Conservative sites like FR and then filing lawsuits over copyrights.

Requiring excerpting on everything may save some serious legal headaches in the future.

11 posted on 09/09/2010 8:11:39 PM PDT by Mad Dawgg (If you're going to deny my 1st Amendment rights then I must proceed to the next one...)
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To: manc

Here is a recent article I read while looking. I’m not sure if this is the guy I read about last year, but it does look as if he’s making nice business suing people.

I guess that’s what a lawyer is supposed to do, but I have a problem with finding small things in a law and then exploiting it wholesale.

http://www2.tbo.com/content/2010/aug/20/20th-anniversary-ada-proving-divisive-ybor-busines/


12 posted on 09/09/2010 8:13:33 PM PDT by I still care (I believe in the universality of freedom -George Bush, asked if he regrets going to war.)
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To: Jim Robinson

Jim, what’s with this lack of standing? If there was or is lack of standing; there should be no lawsuit period.


13 posted on 09/09/2010 8:20:12 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: freekitty
"Jim, what’s with this lack of standing? If there was or is lack of standing; there should be no lawsuit period."

The way I read it the defendant was claiming Righthaven didn't have standing and the judge tossed out the defendant's claim.

14 posted on 09/09/2010 8:23:50 PM PDT by Mad Dawgg (If you're going to deny my 1st Amendment rights then I must proceed to the next one...)
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To: Jim Robinson

Jim, you have to clobber these creeps. They don’t care about the first amendment. They care only about bleeding people dry.


15 posted on 09/09/2010 8:25:43 PM PDT by EveningStar (Karl Marx is not one of our Founding Fathers.)
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To: Mad Dawgg

Lack of standing I would think means nothing. It’s a phony made up claim by judges who know they are not going by the law. It is empty.


16 posted on 09/09/2010 8:26:21 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: Mad Dawgg; Jim Robinson
Sounds like it might be a good idea to require excerpting on everything from here on out.

I can see a lib lawyer going around buying blog posts and stories that are posted on Conservative sites like FR and then filing lawsuits over copyrights.

Requiring excerpting on everything may save some serious legal headaches in the future.

I totally agree. This is the way to go. Other places have done this and done just fine. It will work out here too.

17 posted on 09/09/2010 8:31:08 PM PDT by EveningStar (Karl Marx is not one of our Founding Fathers.)
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To: freekitty
"Lack of standing I would think means nothing."

No, lack of standing has its place in the courts. If not then I could sue Free Republic for violating the L.A. Times copyrights. Being I have no ownership of the L.A. Times then I have no standing in such a case.

If lack of standing wasn't a legal consideration then every lawyer in the country would gin up cases in which their clients had no involvement in just to rake in the bucks.

The problem is judges use it as a way to legislate via the punt.

18 posted on 09/09/2010 8:34:27 PM PDT by Mad Dawgg (If you're going to deny my 1st Amendment rights then I must proceed to the next one...)
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To: Jim Robinson

This guy is “purchasing” from the journal their right to enforce their copyright. However, I would think that whatever right he buys come with whatever defense could have been asserted against the original owner - in this case, the fact that the journal had chosen for some time to “sit” on their rights, and not make the requisite demands under the copyright act’s safe harbor.


19 posted on 09/09/2010 8:34:35 PM PDT by seanrobins (www.conservativewilderness.com)
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To: RedMDer

Yes.


20 posted on 09/09/2010 8:41:29 PM PDT by onyx (If you support Sarah and want on her Ping List, let me know!)
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