Righthaven LLC
Encyclopedia
Righthaven LLC is a copyright holding company
founded in early 2010, which enters agreements from its partner newspapers after finding that their content has been copied to online sites without permission, in order to engage in litigation against the site owners for copyright infringement
. The lawsuits have been heavily criticized by commentators, who describe the activity as copyright troll
ing and the company as a "lawsuit factory". Righthaven LLC's CEO
, Steven Gibson, is a partner in the Las Vegas office of American
law firm Dickinson Wright
and regularly speaks to the media about Righthaven.
As of November 2011, the company's assets are subject to confiscation by the US Marshals Service
due to expired debts from legal fees to a successful defendant.
, publisher of the Las Vegas Review-Journal
, based on a business model
of suing bloggers, other Internet authors, and Internet site operators for statutory damages
for having reproduced the articles on their sites without permission. An affiliate of Stephens Media owns half of Righthaven. , 255 cases have been filed. Typically, Righthaven has demanded $75,000 and surrender of the domain name from each alleged infringer, and has agreed to settlements of several thousand dollars per defendant. approximately 70 cases had settled.
The Electronic Frontier Foundation
(EFF) soon took up the case on behalf of several defendants. Kurt Opsahl, an EFF attorney, said, "Despite what Righthaven claims, it's hard to interpret these lawsuits as anything else besides a way to bully Internet users into paying unnecessary settlements."
In August 2010, the company entered an agreement with WEHCO Media in Arkansas to pursue similar actions. Later, it made a similar arrangement with Media News Group, publisher of the San Jose Mercury News
.
In December 2010, Righthaven began to sue website operators over republished graphics and photographs, and also expanded its scope to material originally published by the Denver Post and other newspapers. That month it filed more than a dozen lawsuits over a graphic illustration of the "Vdara death ray" that had gone viral
.
In April 2011, a federal judge unsealed the agreement between Righthaven and Stephens Media, revealing that Stephens media receives 50% of the proceeds of lawsuits (after deducting costs). In addition, an attorney for one of the defendants claims that the agreement provides only limited rights to the copyrights of Stephens Media, specifically, only the right to sue. Some defense attorneys argue that one must have complete ownership in order to have standing
to sue, which may undermine the lawsuits related to the Review-Journal material.
On June 14, 2011, a federal court ruled that Righthaven has no standing to sue for copyright infringement, on the grounds that the original parties retain the actual copyrights, and that Righthaven failed to disclose their financial connections to Stephens Media. Among other sanctions imposed by Federal District Court Judge Roger Hunt, Righthaven was fined US$5,000 for the misrepresentation.
On September 8, 2011, the MediaNews Group, which is the publisher of a number of newspapers including the Denver Post, announced it was terminating its deal with Righthaven at the end of the month, and called it a "dumb idea". The new CEO of the company, John Paton, said he would not have entered into such a deal, had he been CEO at the time of the decision.
. This came only three days after the company was ordered to pay $120,000 in legal fees in another case to a successful defendant.
On November 1, the Nevada court authorized the US Marshals Service
to use reasonable force to seize the debt in cash and assets from the company. The total amount of outstanding debt had ballooned to over $63,000, with the additional costs and fees from the delay.
, published a series of editorials criticizing each other over the incident. Wired
magazine and others described the lawsuits as copyright troll
ing and likened the activity to that of patent troll
s.
Holding company
A holding company is a company or firm that owns other companies' outstanding stock. It usually refers to a company which does not produce goods or services itself; rather, its purpose is to own shares of other companies. Holding companies allow the reduction of risk for the owners and can allow...
founded in early 2010, which enters agreements from its partner newspapers after finding that their content has been copied to online sites without permission, in order to engage in litigation against the site owners for copyright infringement
Copyright infringement
Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...
. The lawsuits have been heavily criticized by commentators, who describe the activity as copyright troll
Copyright troll
A copyright troll is a pejorative term for a party that enforces copyrights it owns for purposes of making money through litigation, in a manner considered unduly aggressive or opportunistic, generally without producing or licensing its own works for paid distribution...
ing and the company as a "lawsuit factory". Righthaven LLC's CEO
Chief executive officer
A chief executive officer , managing director , Executive Director for non-profit organizations, or chief executive is the highest-ranking corporate officer or administrator in charge of total management of an organization...
, Steven Gibson, is a partner in the Las Vegas office of American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
law firm Dickinson Wright
Dickinson Wright
Dickinson Wright PLLC , is a law firm based in Detroit, Michigan. It is one of the city's oldest firms, having been founded in 1878....
and regularly speaks to the media about Righthaven.
As of November 2011, the company's assets are subject to confiscation by the US Marshals Service
United States Marshals Service
The United States Marshals Service is a United States federal law enforcement agency within the United States Department of Justice . The office of U.S. Marshal is the oldest federal law enforcement office in the United States; it was created by the Judiciary Act of 1789...
due to expired debts from legal fees to a successful defendant.
Lawsuits
Righthaven initially entered agreements concerning old news articles from Stephens MediaStephens Media (newspapers)
Stephens Media LLC is a Las Vegas, Nevada diversified media holding company that publishes over 11 daily and 64 weekly newspapers in 9 states, primarily in Nevada and Arkansas....
, publisher of the Las Vegas Review-Journal
Las Vegas Review-Journal
The Las Vegas Review-Journal is published in Las Vegas, Nevada, United States. It is the largest circulating daily newspaper in Nevada, and one of two daily newspapers in Las Vegas . It is the flagship publication of Stephens Media LLC...
, based on a business model
Business model
A business model describes the rationale of how an organization creates, delivers, and captures value...
of suing bloggers, other Internet authors, and Internet site operators for statutory damages
Statutory damages
Statutory damages are a damage award in civil law, in which the amount awarded is stipulated within the statute rather than being calculated based on the degree of harm to the plaintiff. Lawmakers will provide for statutory damages for acts in which it is difficult to determine a precise value of...
for having reproduced the articles on their sites without permission. An affiliate of Stephens Media owns half of Righthaven. , 255 cases have been filed. Typically, Righthaven has demanded $75,000 and surrender of the domain name from each alleged infringer, and has agreed to settlements of several thousand dollars per defendant. approximately 70 cases had settled.
The Electronic Frontier Foundation
Electronic Frontier Foundation
The Electronic Frontier Foundation is an international non-profit digital rights advocacy and legal organization based in the United States...
(EFF) soon took up the case on behalf of several defendants. Kurt Opsahl, an EFF attorney, said, "Despite what Righthaven claims, it's hard to interpret these lawsuits as anything else besides a way to bully Internet users into paying unnecessary settlements."
In August 2010, the company entered an agreement with WEHCO Media in Arkansas to pursue similar actions. Later, it made a similar arrangement with Media News Group, publisher of the San Jose Mercury News
San Jose Mercury News
The San Jose Mercury News is a daily newspaper in San Jose, California. On its web site, however, it calls itself Silicon Valley Mercury News. The paper is owned by MediaNews Group...
.
In December 2010, Righthaven began to sue website operators over republished graphics and photographs, and also expanded its scope to material originally published by the Denver Post and other newspapers. That month it filed more than a dozen lawsuits over a graphic illustration of the "Vdara death ray" that had gone viral
Internet meme
The term Internet meme is used to describe a concept that spreads via the Internet. The term is a reference to the concept of memes, although the latter concept refers to a much broader category of cultural information.-Description:...
.
In April 2011, a federal judge unsealed the agreement between Righthaven and Stephens Media, revealing that Stephens media receives 50% of the proceeds of lawsuits (after deducting costs). In addition, an attorney for one of the defendants claims that the agreement provides only limited rights to the copyrights of Stephens Media, specifically, only the right to sue. Some defense attorneys argue that one must have complete ownership in order to have standing
Standing (law)
In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case...
to sue, which may undermine the lawsuits related to the Review-Journal material.
On June 14, 2011, a federal court ruled that Righthaven has no standing to sue for copyright infringement, on the grounds that the original parties retain the actual copyrights, and that Righthaven failed to disclose their financial connections to Stephens Media. Among other sanctions imposed by Federal District Court Judge Roger Hunt, Righthaven was fined US$5,000 for the misrepresentation.
On September 8, 2011, the MediaNews Group, which is the publisher of a number of newspapers including the Denver Post, announced it was terminating its deal with Righthaven at the end of the month, and called it a "dumb idea". The new CEO of the company, John Paton, said he would not have entered into such a deal, had he been CEO at the time of the decision.
Insolvency
On October 29, 2011 a defendant against Righthaven's unsuccessful legal attack asked a Nevada federal court judge to award the seizure of the company's bank accounts and property to provide for the payment of a $34,000 legal fee from an August 2011 ruling. The company had previously delayed the payment to avoid bankruptcyBankruptcy
Bankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....
. This came only three days after the company was ordered to pay $120,000 in legal fees in another case to a successful defendant.
On November 1, the Nevada court authorized the US Marshals Service
United States Marshals Service
The United States Marshals Service is a United States federal law enforcement agency within the United States Department of Justice . The office of U.S. Marshal is the oldest federal law enforcement office in the United States; it was created by the Judiciary Act of 1789...
to use reasonable force to seize the debt in cash and assets from the company. The total amount of outstanding debt had ballooned to over $63,000, with the additional costs and fees from the delay.
Commentary
The cases were covered by many newspapers and blogs. The Las Vegas Review-Journal and its main competitor, the Las Vegas SunLas Vegas Sun
The Las Vegas Sun is a Pulitzer Prize-winning newspaper. It is one of Las Vegas, Nevada's two daily newspapers. It is owned by the Greenspun family and is affiliated with Greenspun Media Group....
, published a series of editorials criticizing each other over the incident. Wired
Wired (magazine)
Wired is a full-color monthly American magazine and on-line periodical, published since January 1993, that reports on how new and developing technology affects culture, the economy, and politics...
magazine and others described the lawsuits as copyright troll
Copyright troll
A copyright troll is a pejorative term for a party that enforces copyrights it owns for purposes of making money through litigation, in a manner considered unduly aggressive or opportunistic, generally without producing or licensing its own works for paid distribution...
ing and likened the activity to that of patent troll
Patent troll
Patent troll is a pejorative but questioned term used for a person or company who is a non-practicing inventor, and buys and enforces patents against one or more alleged infringers in a manner considered by the target or observers as unduly aggressive or opportunistic, often with no intention to...
s.
See Also
- Fair useFair useFair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders...
- Digital Millennium Copyright ActDigital Millennium Copyright ActThe Digital Millennium Copyright Act is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization . It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to...
- Online Copyright Infringement Liability Limitation ActOnline Copyright Infringement Liability Limitation ActThe Online Copyright Infringement Liability Limitation Act is United States federal law that creates a conditional safe harbor for online service providers and other Internet intermediaries by shielding them for their own acts of direct copyright infringement as well as...
External links
- righthavenlawsuits.com – unofficial site that lists the lawsuits
- righthavenvictims.blogspot.com – unofficial site listing "victims of Righthaven LLC 'shakedown' lawsuits"
- Court finding in Righthaven v Realty One, October 16, 2010
- "Righthaven defendant wins first lawsuit dismissal motion" – newspaper report of Realty One decision
- lasvegassun.com – lawsuits over a TSA pat-down Photo