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Righthaven Hit With Class Action Counterclaim
Hugh Pickens writes "Steve Green reports that one of the website operators accused of copyright infringement by Righthaven has retaliated, hitting the Las Vegas company with a class-action counterclaim, charging that defendants in all 57 Righthaven cases in Colorado 'are victims of extortion litigation by Righthaven, which has made such extortion litigation a part of its, if not its entire, business model.' The counterclaim says Righthaven has victimized defendants by failing to send takedown notices prior to suing, by threatening to take their website domain names when that's not provided for under the federal Copyright Act, by falsely claiming it owns the copyrights at issue and by failing to investigate jurisdictional and fair use issues before suing, among other things. The claim seeks an adjudication that Righthaven's copyright infringement lawsuits amount to unfair and deceptive trade practices under Colorado law, an injunction permanently enjoining Righthaven from continuing the alleged unfair and deceptive trade practices, an unspecified financial award to the class-action plaintiffs for damages as well as their costs and attorney's fees."
Disbarment of the lawyers employed by Righthaven.
The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
...Die by the sword. Let's all hope it works out and Righthaven gets justly crushed.
not soon enough for most of us. how many 1000 babys going up in smoke again today? how many 1000's of just folks to be killed or displaced again today? hard to put $$ on that. the cost of constant deception, to our spirit? paying to have ourselves constantly spied on & lied to by freaky self chosen neogod depopulationers? the biblically styled fatal distraction holycost is all encompassing, & never ends while we're still alive, unless we cut them/ourselves off at the wmd. good luck with that, as it's not even a topic anywhere we get to see, although in real life it's happening everywhere as our walking dead weapons peddlers are being uncontracted. you can call this weather if it makes you feel any better. no? read the teepeeleaks etchings.
so, once one lie is 'infactated', the rest becomes just more errant fatal history.
disarm. tell the truth. the sky is not ours to toy with after all?
you call this 'weather'? what with real history racing up to correct
itself, while the chosen one's holycostal life0cider mediots continually
attempt to rewrite it, fortunately, there's still only one version of the
truth, & it's usually not a long story, or a confusing multiple choice
fear raising event.
wouldn't this be a great time to investigate the genuine native elders social & political leadership initiative, which includes genuine history as put forth in the teepeeleaks etchings. the natives still have no words in their language to describe the events following their 'discovery' by us, way back when. they do advise that it's happening again.
who has all the weapons? who is doing MOST of the damage? what are the motives? are our intentions & will as the ones who are supposed to be being represented honestly & accurately, being met? we have no reference to there being ANY public approval for the current mayhem & madness pr firm regime style self chosen neogod rulership we've allowed to develop around us, so we wouldn't have to stop having fun, & doing things that have nothing to do with having to defend from the smoke&mirrors domestic frenetics, of the unproven genocides. rockets exploding in syria fired from Libya? yikes?
the zeus weather weapon is still being used indiscriminately against the population, our rulers' minions are fleeing under fire.
the whore of babylon has been rescued by the native elders. she has the papers of challenge authored by the hymenical council, & is cooperating wholeheartedly with the disarmament mandate.
disarm. thank you.
censorship, or convenience?
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which are always changing, you butthead
I really hope they go out of business and every poor person that was exploited by them get every penny back. I am all for copyrights, but good lord, this company is the worst.
Just because you have the money to get people to suck your dick doesn't make prostitution legal.
Really a hope for me. I actually never did download anything that this sucking bloody firms protects. Here I explain on my blog
My close friend was hit by lawsuit, and paid 5,000$ for a settlement. Next time could be me. Scary....
Where do a send a check to help defray costs?
PLEASE help them win this counterclaim! Seriously dude, I know you like a hands-off approach to parenting, but in this case we could really use your help...
weinersmith
Brownstein Hyatt -- apparently a firm that does a lot of business with the gaming industry. The thought of big Italian lawyers in pinstriped suits comes to mind, but to be honest my first thought was of an obscure single practitioner in California and my second was of the enormous firm of Morrison Foerstner. And yes, if you follow the link, that really is what the firm call themselves. With some justice.
Lacking <sarcasm> tags,
Really a hope for me. I actually never did download anything that this sucking bloody firms protects. Here I explain on my blog
Is this a new campaign land in the Dragonlance universe?
Now if the lawyers would go after the frivolous claims made by Lodsys to shake down the iOS developers . . .
It would be a good week.
Righthaven has victimized defendants by failing to send takedown notices prior to suing, by threatening to take their website domain names when that's not provided for under the federal Copyright Act, by falsely claiming it owns the copyrights at issue and by failing to investigate jurisdictional and fair use issues before suing, ... Righthaven's copyright infringement lawsuits amount to unfair and deceptive trade practices under Colorado law
That's well and good, but is it actually codified in law anywhere? Because as much as I'd love to see copyright trolls like Righthaven go away, their business model sort of hinges on being legally "right" and not breaking the law, at least not the letter of the law.
Accusing them of the opposite seems like a long shot.
They're all about finding and exploiting loopholes in copyright law, and unfortunately, finding and exploiting loopholes in the law isn't patently illegal.
Wasn't this tried once with the RIAA?
There need to be criminal charges filed against this asshole as well. But not before they bankrupt his ass legal expenses and judgments for his civil crimes. That way we wont be able to get anything buy a public defender for the criminal case and the civil attorneys will have done most of the research for the criminal prosecutor.
And I hope his lawyers are named as accomplices in both cases, so they can get bankrupted themselves; followed by disbarment by a federal judge, then end up in prison with him.
Keeping this assholes like these in prison would be a much better use of tax payer dollars than doing the same for a few pot smokers.
If someone is passing you on the right, you are an asshole for driving in the wrong lane.
There's a reason it's basically a shell company, and doesn't own any of the rights...
Piercing the Corporate Veil
A court may pierce through the veil of liability protection if the corporation does not follow proper corporate formalities, if it is undercapitalized, or if it can be shown that it is a sham that was set up to defraud.
"You want to know how to help your kids? Leave them the fuck alone." -George Carlin
Takedown notices aren't mandatory. The DMCA doesn't revoke preexisting means of resolving infringement. It is perfectly acceptable to sue without prior notice.
I am becoming gerund, destroyer of verbs.