Comments on: Righthaven copyright trolls never had the right to sue, have their asses handed to them by the EFF

By: Kerouac

Kerouac — Wed, 30 Nov -0001 00:00:00 +0000

This is more important than 99% of the crap that appeared in my morning paper, but it will be largely ignored by the mainstream press. EFF’s victories are our victories… Thanks for raising the visibility, Cory!

By: Zoman

Zoman — Wed, 30 Nov -0001 00:00:00 +0000

It’s nice to know the good guys are still out there.

http://www.eff.org

By: arbitraryaardvark

arbitraryaardvark — Wed, 30 Nov -0001 00:00:00 +0000

It would be fairly trivial for the paper and righthaven to redraw their contract to clear up the problem,and resume business as usual.
This was an important win for EFF, but it’s probably very temporary.

By: Skep

Skep — Wed, 30 Nov -0001 00:00:00 +0000

“It would be fairly trivial for the paper and righthaven to redraw their contract to clear up the problem,and resume business as usual.”

That might be true if either party were sincere, but Stephens Media apparently does not wish to *actually* give up the rights to its stories to a third party, nor does it seem to want to sue in its own name. So, a solution might not be so simple with their requirements in mind. I’d also hope that EFF succeeds on striking down post hoc transfer of copyrights for purposes of suing even where fully copyrights are transferred since the “damage” was done before the rights were purchased and thus the “damage” should have been factored into the purchase price and there is no loss on the part of the purchaser of the rights.

By: The Mad Hatter

The Mad Hatter — Wed, 30 Nov -0001 00:00:00 +0000

Oh dear. So what we have are crooks fronting for crooks. How wonderful.

Wayne

By: g0d5m15t4k3

g0d5m15t4k3 — Wed, 30 Nov -0001 00:00:00 +0000

I had never heard that adage about law at the end. I like it.

By: eaglescout1984

eaglescout1984 — Wed, 30 Nov -0001 00:00:00 +0000

Let’s see. You’re filling these frivolous lawsuits when you have no right to do so in the first place. What is one of the last websites you want to file suit against? Probably a large, well-known, well-funded website whose readers happen to belong to a political party favored by trial lawyers. Absolutely brilliant, Righthaven.

By: Rindan

Rindan — Wed, 30 Nov -0001 00:00:00 +0000

Ha ha. I personally hope that the legal fees murder off both Righthaven and asshole who signed on with them. How much have they extorted already? Can all of those people now turn around and seek damages?

By: Skep

Skep — Wed, 30 Nov -0001 00:00:00 +0000

If the law was fair Righthaven’s attorneys would all be hit with automatic sanctions for claiming damages when there were none. If all you have is a right to sue then you have no damages because copying and publishing a work licensed by Righthaven doesn’t interfere with its putative “right to sue” in any way, shape or form. Additionally, I’d say that all of Righthaven’s Federal copyright registrations in its own name are fraudulent since they never actually bought the copyrights, only the right to sue. Righthaven should be sanctioned for contempt of court and prosecuted by the DOJ for fraud and perjury.

By: jjsaul

jjsaul — Wed, 30 Nov -0001 00:00:00 +0000

At the very least, the attorney's who signed the complaints should face disciplinary action under Rule 11.

By: EH

EH — Wed, 30 Nov -0001 00:00:00 +0000

Disbarment is the only way to be sure.

By: Skep

Skep — Wed, 30 Nov -0001 00:00:00 +0000

Oh, and I’d say Righthaven needs to be prosecuted for illegally operating as a law firm. The agreement between Stephens Media and Right Haven seems to be a legal fiction where Righthaven acts as a contingency law firm, taking 50% of any recoveries, but where Righthaven pretends to be the copyright owner. The purpose of this seems to be to insulate Stephens media from both bad publicity and from legal liability for attorney’s costs should any lawsuits be lost and have to pay attorney’s fees to the defendants.