Judge rules Righthaven lacks standing to sue (DU), threatens sanctions over misrepresentations

[Newsjock]

Source: Vegas Inc (Las Vegas Sun)

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.

But he's allowing the Democratic Underground to continue its counterclaim against Stephens Media LLC, owner of the Review-Journal. That could be expensive for Stephens Media as the Democratic Underground attorneys from the Electronic Frontier Foundation are asking to be awarded attorney's fees.

"The court believes that Righthaven has made multiple inaccurate and likely dishonest statements to the court," Hunt wrote in his ruling, citing specifically Righthaven's failure to disclose Stephens Media as an interested party in the litigation as Stephens Media clearly had an interest in the outcome of the copyright lawsuits.

Read more: http://www.vegasinc.com/news/2011/jun/14/judge-rules-righthaven-lacks-standing-sue-threaten/

---

See the ruling here (pdf): http://media.lasvegassun.com/media/pdfs/blogs/documents/2011/06/14/rhavendemoug6142011.pdf

[ixion]

1. excellent news!

:woohoo: :party: :toast:

[aquart]

2. I am pleased.

Eat them.

[Roci]

50. no

Beat them, then eat them. Tenderized food tastes better!

[aquart]

74. I bow to superior culinary skills.

[SoapBox]

3. K & R

[HopeHoops]

4. Bend the bastards over and fuck them sideways.

[lbrtbell]

15. I wish I could rec your post!

:rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl:

[HopeHoops]

17. They're fucking vultures. Scum of the earth. I hope they're all dumpster diving by the weekend.

[JAnthony]

55. So do I!! Sometimes course raw language is totally on target! n/t

[fascisthunter]

5. good

[KamaAina]

6. Judge Nelson Muntz has spoken.

[richmwill]

11. My sentiments exactly. (n/t)

[strategery blunder]

7. Bwahahahaha

I don't think federal judges like barratry. :bounce:

[KT2000]

8. this is great news!

and good for DU, for standing up to these creeps.

[Poll_Blind]

9. Woo hoo!

:toast:

PB

[Lil Missy]

10. K&R

[rayofreason]

12. Go DU!!!

Righthaven is a slimy slug and the DU is just the salty remedy we need!

[drmeow]

13. AWESOME!!!!!

[tabasco]

14. Kick ass

and take names. :toast:

[pinboy3niner]

16. Congratulations to DU and its legal team!

Way to go! :toast:

[Newsjock]

18. Nevada Judge Threatens Sanctions for Copyright Troll

Source: Wired

A Las Vegas federal judge threatened to sanction copyright troll Righthaven, calling its litigation efforts Tuesday “disingenuous, if not outright deceitful.”

The blistering decision also places into doubt the litigation factory’s year-old business model, which is also under a Colorado federal judge’s microscope.

... Judge Hunt suggested Righthaven likely duped other judges to allow lawsuits on behalf of Stephens Media copyrights to go forward.

“Making this failure more egregious, not only did Righthaven fail to identify Stephens Media as an interested party in this suit, the court believes that Righthaven failed to disclose Stephens Media as an interested party in any of its approximately 200 cases filed in this district,” Hunt ruled. “Accordingly, the court orders Righthaven to show cause, in writing, no later than two weeks from the date of this order, why it should not be sanctioned for this flagrant misrepresentation to the court.”

Read more: http://www.wired.com/threatlevel/2011/06/copyright-troll-sanctions/

[muriel_volestrangler]

21. 'Righthaven likely duped other judges' - may that mean all the other judgements could get reversed?

Ooh, I hope so. Too much to hope that people who settled before it got to court can get their money back, I suppose ...

[plumbob]

19. A real judge! Absolutely great!

Thumbs way way up!

:yourock:

[fantomas]

20. Cheers!

A big thank you to Team DU for not caving in!

[ThoughtCriminal]

22. Thank you for not caving to these trolls!

Setting an example that I wish many others would have the guts to follow.

[RamboLiberal]

23. Way to go DU and EFF!!!

And he's allowing the counterclaim! Maybe DU will end up owing RH's ass! Any way the victims can get back the $$$$'s they had to spend to make RH go away? Some sure couldn't afford the suit or lawyers to fight!

[mistertrickster]

24. This was never a copy-right issue . . . it was a blatant shake-down scheme.

Their lying about it proves it.

Now, may they be hoisted on their own legal petard.

[octothorpe]

25. HAHA!

[alcibiades_mystery]

26. That's an asskicking. Thanks to DU and the EFF

:thumbsup:

[annabanana]

27. To quote the cheerleaders of my youth:

Knock'em Down and Hit'em Again!

HARDER, HARDER!

[ChairmanAgnostic]

28. HOT Fucking DAMN!

I was really hoping a judge would have the balls to do what was right. Nice to see it in action, though.

Get all DU's legal fees back, grrrrrrrreat!

[Occulus]

29. Could someone help me restrain myself from posting an open letter to them in GD?

I have a very strong urge to mock them to hell and back, but something is telling me that's not so wise just now.

IwanttoIwanttoIwantto

x(

[Betty Karlson]

51. Dear Occulus,

It is only natural, and understandable, that you should wish to let out the pent-up anger and frustration Righthaven has caused you. And to your credit, you want to target the cause of this anger and frustration. No displaced aggression for you, only a retaliatory strike at the law-abusers.

Please understand, however, that you are not alone in your feelings. Such an open letter should be well-crafted - not written in the spur of a moment. It should be the center-piece for communal celebrations. Moreover, it would have to "strike" the private lawsuit-squad when they are really down, akin to a catharsis. One could argue that during the two weeks of Righthaven's providing the litigation the judge ordered, the point for this catharsis has not yet been reached. The firm is falling, but not yet fallen. We may have to wait for a verdict against them before we really want to gloat and celebrate with the well-crafted open letter you have in mind.

So what advice can I give to you? Easy: write the letter you have in mind, save in on your computer, but don't post it today.

Add to it when new developments occur in the case (keep checking DU for further information on the pending case).

Add to it by researching the site's archives; ask administrators for help if you want/ if they can.

Polish it, work on that sarcasm and weed out the childish insults and the swearwords. Make this letter an offense to Righthaven and a celebration of good taste.

Take your time, take the weeks to complete this task.

The result will be much appreciated by all DU-ers. Good luck.

[personman]

30. K&R nt

[Maine-ah]

31. fuck yeah!

:headbang:

[Trajan]

32. Yay .....

Congratulations David and DU ..... It's been a long road .....

[Hoopla Phil]

33. This is great news. If this track continues Rightheaven may see themselves sued

out of business. That would be a very good thing. Cudos to D.U. for having such a wonderful (dare I say "forward thinking") copyright policy.

[yardwork]

34. That's wonderful news! Sue them out of existence.

I hope that Pam Spaulding might be able to recover some of her losses. These blood suckers tried to shut down her website. She was unable to afford to mount a defense so she settled.

[Pab Sungenis]

35. Bravo.

"Wrongs will be righted, if we're united!"

[Roy Rolling]

36. 3rd branch

This is why a non-political 3rd branch of government---the judiciary---is so important. It can stand up for what is right when the other two branches are infested with special interest lobbyists who think they can buy the government for their own financial enrichment.

[Anakin Skywalker]

37. Ha ha! Neener neener neener!

[christx30]

38. You will all be happy to note

That Freerepublic has your back on this one.

some quotes:
It’s weird to be siding with DU on something but I hope they kick Righthaven’s ass.

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

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

[Lint Head]

39. Hope DU gets a big monetary judgement and throws a party

for Du'ers!
:toast: :toast: :toast: :toast: :toast: :toast: :toast: :toast: :toast: :toast: :fistbump: :bounce: :party: :party:

[TygrBright]

45. In Vegas!! n/t

[lovemydog]

40. cool

I hate overly litigious right wing douche bags who try to restrict speech. Fuck them.

[highplainsdem]

41. Great news! K&R

[lonestarnot]

42. Welp hot diggety! That's good news indeed.

[Jester Messiah]

43. Beautiful! Take 'em for every last cent. [nt]

[RKP5637]

44. Hurray!!! n/t

[Art_from_Ark]

46. Excellent news

Congratulations, DU :bounce:

[2banon]

47. Excellent News! Congratulations!! Time for Celebration!! nt

[ljm2002]

48. "potentially devastating"...

...love it!

[NBachers]

49. I gotta big grin on my face and a smile in my heart

Thank you, DU and EFF!

[Sarah Ibarruri]

52. Here's a picture of the piece of money-hungry trash behind this

http://www.wired.com/threatlevel/2010/07/copyright-trolling-for-dollars/

Just one question. Is he about to grab his b*lls in that photo?

[liberalla]

53. Yeah! Thanks, Judge!

Bite it, Righthaven! :growl:
:mad:

[CabalPowered]

54. Congrats to DU and EFF!

:woohoo:

[sabbat hunter]

56. Judge rules Righthaven lacks standing to sue, threatens sanctions over misrepresentations

Source: VegasInc

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.

Read more: http://www.vegasinc.com/news/2011/jun/14/judge-rules-righthaven-lacks-standing-sue-threaten/

---

Great news for DU and internet boards in general.

[Trajan]

57. Huge ....

Awesome .... Congratulations David ..... What a slam dunk of the bad guy ......

[Ian David]

58. Hah! Suck it, Righthaven! n/t

[Webster Green]

59. Sweet!

Suck on it, Righthaven! :smoke:

[On the Road]

60. Eat It, Trolls!!

:party::toast:

[Warpy]

61. Thank you for fighting those bloodsuckers!

They counted on getting rich quick by collecting "make it go away" settlements.

DU is one of the places that put a spanner into the works.

Good work!

[Solly Mack]

62. K&R

[sonias]

63. I hope those EFF attorneys get their money!

:toast: to "Righthaven’s most-regretted lawsuit" ever!

And a big round of thanks for the EFF lawyers! :loveya: EFF!!!!

[derby378]

64. That's right, that's right, we bad, we bad, we nationwide!

DU representin', motherfuckers! :headbang:

[Duval]

65. Great! K&R!! n/t

[tootrueleft]

66. Fantastic news!

[crim son]

67. Oh, this is sweet.

Doubly so, since it is DU who is going to bring the bastards down.

[Sarah Ibarruri]

68. Thank GOD! Hope they end up paying a pretty penny to DU!

This has cheered me up. Not that I was having a bad day or anything, but I didn't expect to hear such great news!!!

[Jim Lane]

70. I assume they'd pay it to EFF if it's for attorney's fees.

There's no reason those greedy DU admins should get money to buy yet another yacht. :)

[Sarah Ibarruri]

72. :)

Maybe they'll give me a couple of bucks? :9

[Evasporque]

69. Full Las Vegas Sun article in post....

Haha....

Good for DU!

[0rganism]

71. Nicely played, DU legal, nicely played

:applause:

[Nye Bevan]

73. Great to see blatant abuse of the legal system being punished.

Congratulations Skinner & co.