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Click HERE for the Latest News on Righthaven


Ninth Circuit Rules on Righthaven's Appeals; Upholds Lower Courts' Decisions (review court order here)


Nevada Court Dismisses Righthaven's Lawsuit for Lack of Standing  (review court order here)
Colorado Court Joins Nevada Courts in Dismissing Righthaven's Lawsuits for Lack of Standing (review court order here)


* * *  POTENTIAL CLASS ACTION AGAINST RIGHTHAVEN * * *
The Kincannon Firm Seeking Past and Present Righthaven Victims for Class Action Against Righthaven
Todd Kincannon of The Kincannon Firm announced he is accepting past and present Righthaven defendants as new clients for class action or mass action litigation against Righthaven.  Even if you have already settled you case, Kincannon invites you to contact the firm – cases will be taken on contingency.  Interested parties should contact The Kincannon Firm at 877-99-COURT or email Todd@TheKincannonFirm.com.


This website is dedicated to gathering together and posting for Righthaven Defendants and the public information about Righthaven LLC -- the Las Vegas “technology company” that has been filing copyright infringement lawsuits in the U.S. District Court for the District of Nevada (and South Carolina and Colorado) against numerous unsuspecting website owners (almost always without notice) for copyright infringement of news articles originally published in the Las Vegas Review Journal (and Denver Post) and purportedly assigned to Righthaven (sample assignment here) which subsequently registers the copyright to such articles with the U.S. Copyright Office in order to then file suit in federal court. 


The proclaimed mission of Righthaven, as described in a blog posting on May 28, 2010, by Sherman Frederick titled “Copyright theft: We're not taking it anymore,” is as follows:

We  . . .  copyrighted material
Comment: I do not want to quote too much of Mr. Frederick's precious "copyrighted" work or else Righthaven will file a copyright infringement lawsuit against this website as well -- the entirety of Mr. Frederick’s blog post can be viewed here (just as Mr. Frederick's would want you to read it).

Righthaven LLC is owned 50/50 by two limited liability companies.  The first is Net Sortie Systems, LLC, which is owned by Las Vegas attorney Steven Gibson – the Nevada attorney who is behind all of the lawsuits filed by Righthaven.  The second is SI Content Monitor LLC, which is owned by family members of investment banking billionaire Warren Stephens whose investments include Stephens Media, LLC which owns the Las Vegas Review-Journal.  Righthaven's business arranagement is memorialized in a Strategic Alliance Agreement between Righthaven LLC and Stephens Media LLC (an arrangement that some commentators (here) argue (and at least one court order has found) renders void Stephens Media's copyright assignments to Righthaven, thereby nullifying Righthaven's standing to bring its copyright infringement actions).  A visual guide of Righthaven's corporate structure can be viewed here.  

 
While Righthaven owes its origins to Stephens Media, Righthaven recently picked up another media company client interested in pursuing the same type of copyright enforcement efforts on its behalf -- WEHCO Media (which owns several weekly and daily publications including the Arkansas Democrat-Gazette and Chattanooga Times Free Press, but also has a partnership with Stephens Media regarding WEHCO’s Northwest Arkansas publications).  News coverage of Righthaven's new "client" here, here, here, and here

While no lawsuits have yet been filed by Righthaven on behalf of WEHCO Media, a third media company – Media News Group – was using Righthaven’s “services” – as reflected by numerous copyright infringement lawsuits were been filed by Righthaven in the Colorado over material appearing in the Denver Post, which is owned by Media News Group.  News coverage of Righthaven's Colorado “client” can be found here and here (see also Denver Posts' "Notice to readers about Denver Post copyright protections" on November 14, 2010).  A copy of Righthaven's Copyright Alliance Agreement with MediaNews Group, Inc. can be found here.  MediaNews Group announced in September 2011 that it was not going to renew is agreement with Righthaven (news coverage here and here).

On April 8, 2011, Righthaven filed a copyright infringement lawsuit on behalf of an online sports betting site Stevo Design, Inc.  News coverage here.  This reflects the first lawsuit filed by Righthaven on behalf of a non-newspaper client that follows Righthaven's business model of finding infringing content online, obtaining the rights to copyrighted content, registering the copyright with the U.S. Copyright Office, and then filing a copyright infringement lawsuit -- in this case, the complaint states 50 separate claims for relief for direct copyright infringement and vicarious copyright infringement.    


 
Number of copyright Infringement Lawsuits Filed by Righthaven:
276
(as of July 13, 2011)


(Notes: One of the lawsuits reflects a new, amended complaint refiled against a previously sued Defendant -- Dean Mostofi -- after the Court dismissed Righthaven's original complaint for lack of standing.  All but one of the lawsuits filed have involved material published by the Las Vegas Review Journal or the Denver Post.  The lone exception to date is Righthaven LLC v. Rick Allec and RX Advertising LLC,, which appears to be the case where Steve Gibson, already representing the "original" coyright owner, Stevo Design, in a trademark infringement lawsuit, convinced his client to let Righthaven file a copyright infringement lawsuit involving 50 claims for direct/vicarious copyright infringement).


Estimated Total Money Settlements Righthaven's Efforts Have Earned to Date:
$352,500

(based on 141 cases closed as of June 22, 2011 that involved a written settlement with Righthaven and an educated guesstimate of an average of $2,500 settled per case)
(NOTE: settlement amount downgraded from $3,500 to $2,500 per case on July 1, 2011, in light of recent information regarding Righthaven's settlement of at least one case for $1000 and other known facts and circumstances)
(NOTE: Number of closed cases excludes those cases closed after being dismissed without prejudice by the court for lack of service, cases knowingly dismissed
by Righthaven without any action, cases closed via joint stipulation with no indication of a settlement (e.g. 134, 206), or cases closed after entry of final judgments in favor of Defendants)


Legal Fees and Sanctions Against Righthaven
(tracked by Righthaven Victims Blog)

$323,128
 (as of June 14, 2012)







Latest News on Righthaven's Copyright Enforcement Actions
(This section lists the most recent news articles and blog postings on Righthaven published in the last 10 days – click here for a comprehensive listing of news articles and blog postings about Righthaven or click here for the editor's choice of select articles highlighting Rigthaven’s copyright enforcement efforts)

Copyright troll Righthaven finally, completely dead (Nate Anderson, Ars Technica, May 9, 2013)
9th Circuit: No Relief for Copyright Troll Righthaven (Kurt Opsahl, Electronic Frontier Foundation, May 9, 2013)
Ninth Circuit DecisionRighthaven v. Hoehn and Righthaven v. DiBiase




Attorneys Handling Righthaven Lawsuits


Select Copyright Lawsuits Filed by Righthaven, LLC
(click here for comprehenisve list of copyright infirngement lawsuits filed by Righthaven, LLC)

Righthaven LLC v. Democratic Underground, LLC and David Allen, Case No. 10-cv-01356 (Filed August 10, 2010)
         EFF's Docket Page
          Answer and Counterclaims
         Electronic Frontier Foundation (EFF) Press Release:   Political Forum Fights Back Against Righthaven Copyright Troll Suit
         Righthaven's Motion for Voluntary Dismissal with Prejudice
         Stephens Media’s Motion to Dismiss or Strike and Partial Joinder with Righthaven’s Motion for Voluntary Dismissal
         Democratic Underground’s Brief in Opposition to Righthaven’s Motion for Voluntary Dismissal (to the extent it seeks to foreclose award of attorney’s fees) and in Support of Cross Motion for Summary Judgment
         Democratic Underground’s Opposition to Stephens Media LLC's Motion To Dismiss And Joinder
        Democratic Underground’s Supplemental Memorandum Addressing Recently Produced Evidence
        Righthaven’s Motion for Reconsideration of Order Granting Democratic Underground Leave to File Supplemental Memorandum
         Court Order Granting Defendants’ Request to Unseal Righthaven Agreement with Stephens Media
         Defendants’ Supplemental Memorandum Addressing Recently Produced Evidence Relating to Pending Motions (Unsealed)
         Strategic Alliance Agreement between Righthaven and Stephens Media
         Order Dismissing Righthaven's Copyright Infringement Lawsuit for Lack of Standing
         Court Order Denying Righthaven’s Application to Intervene
         Final Declaratory Judgment Against Righthaven finding Democratic Underground’s Use of Newspaper Excerpt Fair Use

Righthaven LLC v. Wayne Hoehn, Case No. 11-cv-00050 (Filed January 11, 2011)  
         Court Order Dismissing Righthaven’s Copyright Lawsuit For Lack of Standing and Fair Use
         Court Order Granting Defendant Wayne Hoehn's Motion for Attorneys Fees
         Defendant’s Motion for Writ of Execution Against Righthaven
        Defendant’s Motion for Appointment of Receiver and Compelled Assignment of Intellectual Property in Partial Satisfaction of Judgment
        Defendant’s Application for Order Scheduling Judgment Debtor Examination
       Order Granting Defendant’s Application For Order Scheduling Judgment Debtor Examination and to Produce Documents
       Court Order Granting Defendant’s Motion to Appoint Receiver and Compel Assignment of Intellectual Property
         Court Order Transferring Righthaven's Copyrights to Receiver

 Righthaven LLC v. Thomas A. DiBiase, Case No. 10-cv-01343 (Filed August 9, 2010)  
         EFF's Docket Page
         Defendant Thomas DiBiase’s Motion to Dismiss 
         
Defendant Thomas DiBiase’s Request for Judicial Notice 
         Defendant Thomas DiBiase’s Answer and Counterclaim
         Electronic Frontier Foundation (EFF) Press Release:  Criminal Justice Blog Battles Copyright Troll
         Order Dismissing Righthaven’s Demand for Domain Name Transfer
         Court Order Dismissing Righthaven’s Lawsuit Against Thomas DiBiase
         Las Vegas Sun Article: Righthaven ordered to pay nearly $120,000 in attorney fees, court costs
         Court Order Granting Defendant's Motion for Attorneys Fees
          Defendant’s Motion for Debtor Examination and to Produce Documents

Righthaven LLC v. Center for Intercultural Organizing and Kayse Jama, Case No. 10-cv-01322 (Filed August 5, 2010)
         Complaint
         Defendants Reply to Plaintiff’s Opposition to Motion to Dismiss
        Court Order for Righthaven to Show Cause Regarding Fair Use
        Righthaven’s Response to Court’s Order to Show Cause Regarding Fair Use
        Las Vegas Sun Article: Righthaven loses second fair use ruling over copyright lawsuits
        Court Order Granting Summary Judgment in favor of Defendants Intercultural Organizing and Kayse Jama

Righthaven LLC v. Dana Eiser, Case No. 10-cv-03075 (D. S.C. December 2, 2010)
         Complaint
         Amended Answer and Counterclaims
         Defendant’s Motion for Sanctions Regarding Website Seizure Claim
          Las Vegas Sun Articles:  February 27, 2011; March 3, 2011
          Correspondence between opposing counsel here and here
          Second Amended Answer and Counterclaim
          Court Order Dismissing Lawsuit Against Dana Eiser

Righthaven LLC v. Vote For The Worst, LLC et al, Case No. 10-cv-01045 (Filed June 28, 2010)
       Defendants' Reply in support of Defendants' Motion to Dismiss
       Defendants' Motion to Dismiss For Lack of Subject Matter Jurisdiction (based on invalid copyright assignment after disclosure of Strategic Alliance Agreement between Righthaven and Stephens Media)

Righthaven LLC v. Jan Klerks and Stichting Wolkenkrabbers,  Case No. 10-cv-00741 (Filed May 19, 2010)  (Case Closed  02/18/11)
         Motion to Set Aide Default (arguing that the Review Journal gave an implied license to repost its articles)
         Order Granting Motion to Set Aside Default (describing "implied license" defense as Defendants' "most meritorious defense")
          Las Vegas Sun Articles (9/5/10 and 9/20/10)

Righthaven LLC v. MajorWager.Com Inc,  Case No. 10-cv-00484 (Filed April 7, 2010)  (Case Closed  02/01/11)
         Complaint
         Motion to Dismiss
         
Court Order Denying MajorWager's Motion to Dismiss Righthaven Copyright Lawsuit

Righthaven LLC v. National Organization for the Reform of Marijuana Laws,  Case No. 10-cv-00351 (Filed March 15, 2010)   (Case Closed  07/12/10)
         Complaint
         Motion to Dismiss
         Offer of Judgment (reflecting a settlement amount -- which was accepted by Righthaven -- of $2,185.95 based on the following calculation: no more than 247 persons could have viewed the copy of the article that appeared on NORML’s website, multiplied by the dollar amount charged by the Las Vegas Review Journal to purchase copies of the article from its news archive ($2.95), which was then tripled to remove any doubt regarding the reasonableness of the offer)




Select Articles on Righthaven's Copyright Enforcement Actions
(click here for comprehensive listing of news articles and other blog postings about Righthaven)    
Articles providing advice on how to avoid a Righthaven Lawsuit



Other Websites/Blogs Dedicated to Righthaven's Copyright Infringement Lawsuits


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