Posted on 05/14/2011 11:17:40 AM PDT by Jim Robinson
Las Vegas newspaper copyright enforcement company Righthaven LLC’s standing to file lawsuits is being challenged again, this time in Colorado.
Righthaven since March 2010 has filed 274 lawsuits alleging copyright infringement against website operators, bloggers and message board posters. It sues over Las Vegas Review-Journal and Denver Post material.
Its standing to sue is under attack in several cases and U.S. District Judge James Mahan in Las Vegas has said that under its lawsuit contract with the Review-Journal, Righthaven does not appear to have standing to sue. Mahan has rescheduled until next month a hearing on that issue.
Defense attorneys in some of the Review-Journal cases say the lawsuits are based on "sham’’ copyright assignments and Righthaven is merely acting as the agent of Review-Journal owner Stephens Media LLC. But Righthaven insists it owns the copyrights at issue, giving it the right to sue.
The latest challenge to Righthaven’s right to sue was made this week in federal court in Denver by attorneys for defendant OSM Media LLC, which owns the website pajamasmedia.com
OSM was sued after a Denver Post TSA pat-down photo was displayed on its website along with commentary by conservative Pajamas Media blogger Bryan Preston that "this image is fast becoming the symbol of the new `Don’t touch my junk’ movement.’’
In answering the lawsuit this week, OSM attorneys argued:
— Righthaven’s claims are barred by the doctrine of fair use -- an argument judges agreed with in two Review-Journal cases
— Righthaven’s claim is barred by the First Amendment
— Righthaven lacks standing to assert infringement claims and "the Denver Post and not plaintiff is the real party in interest.’’
— "Plaintiff’s unclean hands bar it from seeking equitable relief’’ and Righthaven’s failure to provide notice of the alleged infringement before suing "bars it...
(Excerpt) Read more at vegasinc.com ...
GOOD!
Good.
Righthaven needs to go down
Man, I hope Righthaven gets smacked down. Then, maybe if we get a President who’s not always golfing and a Congress that doesn’t spend us into oblivion, they could take time to revise the copyright laws to bring them into the 21st century.
I hope the shysters at Righthaven didn’t quit their day jobs.
Good, their scam operation needs to be shut down.
Jim once this is all said and done you should counter-sue these AssHats.
I hope their “clients” have enough money left to pay us all back. Our settlements (extortion fees), our legal fees and something for grief. If not, it’ll be sad to watch them go under. Don’t touch my junk, indeed!
Let’s hope this case in Colorado goes good. It is nice to see this fiasco backfire on them.
From the linked article;
“Loosle complained Righthaven is engaging “in the common law sin of `champerty,’ which is the sale to someone with no interest in the alleged wrong being sued on of a right to sue for a percentage of the amount recovered in the suit.’’”
Sounds right on to me!
Rotten bastards!
I hope so too!!! They should also have to compensate us for our “pain and suffering” over being sued!
Please, no! Every time they do that it gets worse!
May they go down in flames after compensating all the sites they sued. Please God.
It would be great (true justice) if they were ordered by the court to return all the money they 'stole' from previous defendants.
ROTFLMAO
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