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RightHaven Lawyer Says Browser Ate His Homework

Posted by timothy on from the wanna-see-you-in-chambers dept.

J053 writes "Wired Magazine reports that Righthaven attorney Shawn Mangano's excuse for being a day late with his explanation as to why the litigation factory made 'dishonest statements to the court' was that his web browser upgraded and he could no longer attach PDF files to his submissions. Yeah, right ..."

17 of 91 comments (clear)

  1. First Obama Post by Anonymous Coward · · Score: 3, Funny

    My legal advisers have informed me that this post does not constitute trolling.

  2. And I'd have gotten first post ... by tomhudson · · Score: 2
    ... but my browser ate my post!.

    Seriously, it couldn't happen to a nicer guy - but it does point out the problem with browsers that, at startup, make you wait while they ping their mothership to check for updates when all you want to do is surf for 5 minutes.

    1. Re:And I'd have gotten first post ... by MightyMartian · · Score: 3, Interesting

      That is presuming if it happened at all. I'm getting this funny feeling Righthaven is some low-brow shysters who conned some dumb-ass newspaper types out of their money. The whole thing is unbelievably badly constructed, it's just got to be a fraud.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:And I'd have gotten first post ... by Attila+Dimedici · · Score: 2

      Righthaven was a corporation formed by one or more newspaper companies in order to sue for copyright infringement without directly tying their names to the lawsuits. This strategy failed because the newspaper companies id not actually transfer the copyrights to Righthaven. This was some newspaper owners trying to be copyright trolls without getting the bad publicity that goes with tat.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
  3. Adobe License by Anonymous Coward · · Score: 2, Funny

    I hope that he purchased a license from Adobe for the right to publish PDF files!

    1. Re:Adobe License by SplatMan_DK · · Score: 2

      I hope that he purchased a license from Adobe for the right to publish PDF files!

      Since PDF, also called ISO 32000-1:2008, is an Open Standard, and has been for many years, why would he need to purchase a license???

      - Jesper

      --
      My security clearance is so high I have to kill myself if I remember I have it...
    2. Re:Adobe License by Groo+Wanderer · · Score: 2

      For the same reason you need a license for things covered under fair use perhaps?

                -Charlie

  4. Its your fault. by hedgemage · · Score: 5, Insightful

    I'm getting my MBA and many of my profs do everything digitally from accepting research papers, to sending out syllabi to arranging meetings via e-mail.
    One thing that I have learned, especially when giving a presentation is that if anything goes wrong, its your fault.

    Powerpoint doesn't work? Its your fault. Didn't embed that YouTube video correctly? Its your fault. Your laptop can't talk to the projector? Its your fault. The Projector doesn't work? Its your fault.
    If you aren't professional enough to have your research paper backed up on a thumbdrive, a second laptop for your group presentation, or even /gasp!/ a paper copy, ITS YOUR OWN DAMN FAULT.

    Welcome to being a professional in the 21st century, where using technology is necessary, but knowing what to do when it fails is smart.

    1. Re:Its your fault. by Registered+Coward+v2 · · Score: 3, Informative

      Powerpoint doesn't work? Its your fault. Didn't embed that YouTube video correctly? Its your fault. Your laptop can't talk to the projector? Its your fault. The Projector doesn't work? Its your fault. If you aren't professional enough to have your research paper backed up on a thumbdrive, a second laptop for your group presentation, or even /gasp!/ a paper copy, ITS YOUR OWN DAMN FAULT. Welcome to being a professional in the 21st century, where using technology is necessary, but knowing what to do when it fails is smart.

      in the 20th century, you had to k ow how to change the build in an overhead, brought transparencies (your "slide deck") as a backup to PowerPoint in case the laptop or projector died (and had someone flip through the slides as you went so they were current if you needed them) and brought hardcopy.

      It's always been YOUR OWN DAMN FAULT.

      As a side note, when I did a presentation in our MBA's presentation seminar (how to do a presentation) the lecturer was surprised when, after he said, "the projector build just went out - what do you do?" I turned of the overhead, opened the top, slide the bulb select lever and turned it back on and went on. I think he was disappointed that I ruined his "teaching moment" by not being a moron, though I guess moron / MBA is considered redundant on /.). I learned early on in my career to get there in time to see how the projector work, where the light and thermostat controls are so you are ready when it's showtime.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    2. Re:Its your fault. by jimicus · · Score: 2

      Doing a quick Google search it appears CM/ECF is not compatible with Firefox 4, 5, or IE 9. Neveda is in a servre financial housing crises still and the government probably is using old versions of the software too as a result.

      I wish people were not so self defensive and quick to blame, point fingers, or sue. Shit happens and maybe if we were not so harsh to judge others we would not be so self defensive. Just because some MBA professor is an a**hole does not mean everyone else should be one too. In other cultures outside of North America people do not act like that and life is much less stressful.

      It's likely not some MBA professor making up the rule, certainly when I was at university it was drilled into us in no uncertain terms that university-wide policy was very clear - computer failure was NEVER an acceptable reason to ask for an extension or extenuating circumstances. You're a grown adult, you're meant to account for this sort of possibility and be able to come up with some sort of plan B.

    3. Re:Its your fault. by Just+Some+Guy · · Score: 2

      OK, then replace "fault" with "responsibility" and Registered Coward v2's point still stands. When a judge has told you to do something, it's your responsibility to get it done, even if you didn't directly cause the delay. So his laptop didn't work. He couldn't use a flash drive to move the document to a desktop and send it from there? Or have his IT guy (either on-staff or their usual contractor) do it for him? Or simply call the judge or clerk, explain the situation, and beg for an extension to fix the problem?

      Regardless of how legitimate or not the excuse is, it's the lawyer's responsibility for addressing it appropriately. He didn't. And that's part why no one here has sympathy for him.

      --
      Dewey, what part of this looks like authorities should be involved?
  5. Firefox 5 by Archwyrm · · Score: 2

    I knew forcing everyone to upgrade from Firefox 4 to Firefox 5 was a bad idea. This lawyer is obviously an innocent victim!

    --
    Fascism should more properly be called corporatism because it is the merger of state and corporate power. -- Mussolini
  6. That's why the judge is so p***ed off by tomhudson · · Score: 5, Informative

    Righthaven was suing for copyright, when they weren't the owners of the copyrighted material. You can't "hive off" the right to sue to a 3rd party like Righthaven. Righthaven lacked standing, and should have known they lacked standing (after all, if you're a bunch of lawyers suing over copyrights, you should at least know copyright law, right?)

    The way each suit should have proceeded was that the rights-holders hire Righthaven to sue on their behalf; this makes things harder for Righthaven in court, since then they rights-holder has to be involved at every step - something that drives up the cost of each suit. Righthaven wanted to do this stuff in bulk, un its own name, without crossing each T and dotting each I, and it doesn't work that way.

    Then there was the sloppy casework ...

    The judge was not amused at what looks like a fraud upon the court, and has been kicking Righthaven in the nads ever since.

    1. Re:That's why the judge is so p***ed off by EdIII · · Score: 2

      Yeah... gee willickers Batman....

      If only your logic applied to Deeds of Trust and proving that you have the mortgage note maybe then hundreds of thousands of people would not have had their homes stolen from them.

      Same issue. Mortgage companies literally come into the courts with bulk requests and as long as the Deed of Trust was attached the judges were rubber stamping them according to the law. You could not even argue legal standing without filing an additional lawsuit naming the mortgage company as the defendant, precluding all possibilities of a counter claim in the same court case.

      For years and years and years now that same concept, the rights-holder involved at every step, has been bypassed to increase the speed, efficiency, and lower the costs of securitizing mortgages at the extreme detriment of the home owners.

      If only judges would start standing up more en masse and say enough is enough with crazy attempts like this where legal standing was questionable in the beginning.

      Don't get me wrong, hearing that Righthaven got its ass handed to them is good news for the day, but hardly as a huge of a win if true legal standing was required for the real crisis.... the housing clusterfuck of the last 3 years.

      P.S - I did have a home stolen from me. Two financial institutions both claimed I needed to be paying them and they took over the mortgage. Still involved with a fraud investigation, but still lost the house. It did not matter that I tried to explain to the judge that I had no way of knowing which entity was the correct one to pay since they both had the power to foreclose on me in two different court cases. Explain that BS.

    2. Re:That's why the judge is so p***ed off by Maestro4k · · Score: 4, Insightful

      Righthaven wanted to do this stuff in bulk, un its own name, without crossing each T and dotting each I, and it doesn't work that way.

      No, the newspaper group/company was involved in this highly and the real plan was that they wanted to have their cake and eat it too. They wanted to sue and try to get money the way Righthaven's been doing, but... they wanted to avoid any financial liability to themselves in the process. So they provided seed money to setup Righthaven, and then setup an agreement where they only gave Righthaven the right to sue for their copyrights. The newspaper company kept ownership of the copyrights, and if Righthaven's scheme failed, then the newspaper company couldn't be hit with sanctions and/or lawsuits because Righthaven did the suing, not them, honest!

      But it's not working out that way for them. Righthaven seems to be run by lawyers who got their bar license from a Cracker Jack box who have committed numerous and serious mistakes. Failing to reveal that the newspaper company had a pecuniary interest in the lawsuits is getting them into major, major trouble, as is not actually owning the copyrights. And at least one person that Righthaven targeted has filed a counter-suit against both Righthaven AND the newspaper company. Personally I hope the counter-suit gets to go forward and that more of those targeted join in and go after the newspaper company too. This whole thing appears to have been their brainchild, not Righthaven's founder, and they were deliberately trying to game the courts.

  7. No paralegal? by Scutter · · Score: 4, Insightful

    Are you kidding me? Mr Big Shot lawyer is the ONLY ONE in his law firm with a computer? He doesn't have a single para working for him that knows how to work a web browser and can submit it for him? No partners who can submit (or at least lend him their computer)? I am 100% on the side of the MBA commenters in this thread. If you can't get it in on time, IT'S YOUR DAMN FAULT. FIND A WAY TO DO IT. Mail it, fax it, sneaker-net it, just get it in. "My browser ate it" is a lame-ass excuse and his censure should be doubled as a result of shoveling that plateful of crap at the court. He had two weeks to submit it and he waited until the last second before trying. His excuse is 100% pure weapons-grade bolognium.

    --

    "Tell me doctor, with all of your defenses, are there any provisions for an attack by killer bees?"
  8. well... by slashmydots · · Score: 2

    I happen to have witnessed personally that Firefox 5 cannot run the PDF Forge toolbar while 4 could. I just ran into that problem at my work for the few firefox users. So it is technically possible considering the huge coincidental timing of that.