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Righthaven Begs To Be Put Back Into DU Case That Judge Dismissed, Claiming It's Fixed

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RamboLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-28-11 01:16 PM
Original message
Righthaven Begs To Be Put Back Into DU Case That Judge Dismissed, Claiming It's Fixed
Having lost bigtime in its lawsuit against the Democratic Underground, in a ruling where the judge questioned Righthaven's motives and legality, it appears Righthaven is fighting back. In that original ruling, Righthaven was totally dismissed from the case, because the judge recognized that the company never actually held the copyrights in question, and thus had no standing to sue. Righthaven has now filed with the court to be added back to the case, claiming that its "amended" agreement with Stephens Media has fixed all the problems and has now made it clear that Righthaven is, in fact, the copyright holder. Not only that, but Righthaven claims that the new agreement means that Righthaven is the only one with standing, in an attempt to get Stephens Media off the liability hook.

Of course, it seems that Righthaven may have a serious uphill battle here. The judge in the case had already seen the amended agreement and suggested that it was cosmetic, at best. Judge Hunt clearly saw this for what it was: a highly questionable attempt to pretend Righthaven had copyrights it never actually had, to give it only a very limited right to sue -- and, an attempt to shield (the much larger) Stephens Media from liability for having filed questionable lawsuits. I would not be surprised to see the judge reject this as just a superficial attempt to get around the clear intention of the Copyright Act to bundle the right to sue with the actual rights prescribed in the Act, and not to allow companies like Righthaven to merely buy lawsuits.

http://www.techdirt.com/articles/20110625/01291014854/righthaven-begs-to-be-put-back-into-case-that-judge-dismissed-company-claiming-its-fixed-all-problems.shtml
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Angry Dragon Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-28-11 01:21 PM
Response to Original message
1. It sounds like they want to rewrite the contract and then backdate it
Sounds illegal and should be fined heavily for the blatant move............
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meegbear Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-28-11 01:29 PM
Response to Reply #1
4. +1
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Webster Green Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-28-11 01:22 PM
Response to Original message
2. They're treading in dangerous territory now.
If they keep fucking with this judge, they could be facing big fines. :rofl:
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calimary Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-28-11 01:28 PM
Response to Original message
3. I kinda like the start of that - "righthaven begs". Couldn't we just leave it there?
On their knees, negotiating from a PERPETUAL position of weakness.
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Newest Reality Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-28-11 02:37 PM
Response to Reply #3
5. Perhaps they should
say rosaries to Our Lady of Perpetual Litigation?
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calimary Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-28-11 04:59 PM
Response to Reply #5
7. LMAO!
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timtom Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-28-11 02:54 PM
Response to Original message
6. Seems to rhyme with "ex post facto"
Greedy, rapacious assholes!
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DiverDave Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-28-11 05:06 PM
Response to Original message
8. Cant he charge them?
it seems like crossing out the bad and scribbling in other stuff.

The judge should throw them in jail for wasting the courts time.
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