When the odious copyright trolls at Righthaven (a company that buys the right to demand legal settlement money from bloggers who quote newspapers from the papers themselves) sued Democratic Underground, the Electronic Frontier Foundation came to the rescue. They kicked Righthaven's ass. Now EFF is asking a judge to award them legal costs in Democratic Underground's defense.
If the judge finds in their favor, it could put Righthaven out of business: after all, the copyright troll business-model is to skimp on legal analysis, threaten to sue people, and offer "settlements" that are cheaper than paying for a legal defense. But if the judge in the Democratic Underground case finds for EFF, then defending oneself against copyright trolls will come for free: contingency lawyers will spring up all over the country, knowing that they can beat back the groundless Righthaven claims and pocket hefty fees for their trouble. The more threatening letters Righthaven sends out, the more it will cost them -- that is, unless Righthaven restricts itself to bringing claims that have merit, but this is more restraint than any copyright troll to date has managed to show.
The case centers on an EFF client, the political community site Democratic Underground. Righthaven sued the site months ago after a user posted four paragraphs from a 34-paragraph Las Vegas Review-Journal story in May on Sharron Angle, the unsuccessful Republican Nevada candidate for Senate.
EFF Demands Copyright Troll Pay for Suing Democratic Underground
After suffering a defeat in a lawsuit with a similar amount of infringement, Righthaven moved to dismiss the Democratic Underground case last month. Righthaven, which has been taking advantage of a loophole in copyright law to win settlements in dozens of cases, has told a Nevada federal judge it could still win the case, so it should not have to pay the EFF's legal tab.
But the EFF, which has countersued Righthaven, said in a legal filing late Tuesday that Righthaven must pay for Democratic Underground's defense.
James Cawley is a 50 year old Elvis impersonator from Ticonderoga, NY; his friend William Ware Theiss was costume-designer for the original Star Trek series, and left Cawley the blueprints for the original Star Trek Enterprise sets in his will — so Cawley rented out a 13,000 sqft shuttered supermarket and built an exquisite replica […]
For the past week, Naked Capitalism has run a series of articles by transportation industry expert Hubert Horan on the economic shenanigans of Uber, which cooks the numbers it shows investors, drivers and the press to make it seem like something other than a black box that uses arrogance and lawlessness to make a bet […]
If you’re one of the 60% of Pebble employees who didn’t get a job offer from Fitbit, the company’s new owner, you’re probably not having a great Christmas season — but that trepedation is shared by 100% of Pebble customers, who’ve just learned (via the fine print on an update on the Pebble Kickstarter page) […]
The Boing Boing Store’s Gift Guide is full of ideas for pretty much anyone in your life like hipster ice cub trays, Xbox controllers, Halo Boards, and even diamond necklaces. As always, all products in the Boing Boing Store come at great discounts, too. Shop by price bucket starting at under $20. Under $20:Bloxx Jumbo Ice Trays […]
Unlike traditional lighters, the SaberLight features an electronic plasma beam that’s both rechargeable and butane-free. This sleek lighter is even approved by TSA, so you’ll never be stuck buying lighters you’ll just have to throw away partially used. For some people, like me, this is a pretty big game-changer. The SaberLight’s beam is actually both hotter and cleaner […]
Holiday shopping is in full swing, and the Striiv Touch is one of the best gift ideas I’ve landed on. Its simple design works for females and males, and its wide range of features makes it suitable for even the non-fitness enthusiasts in your life.Unlike traditional fitness trackers, the Striiv Touch also acts as a smartwatch. It […]