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Righthaven's Lawyers Target of State Bar Investigation

New submitter nwf writes "Ars Technica reports that three of copyright troll Righthaven's company lawyers, including CEO Steve Gibson, are the subject of a Nevada State Bar investigation. Details of the inquiry aren't public, but judges have been blasting Righthaven's legal team so strongly in court that the move is hardly a surprise."

49 comments

  1. The nice thing about our bloated legal system... by orphiuchus · · Score: 4, Insightful

    ...is that for everyone who tries to make a career by abusing it, there's someone who's made a career by stopping people like them.

  2. Don't kid yourselves people. by pclminion · · Score: 3, Insightful

    Don't kid yourselves. The ONLY reason Righthaven got boot stomped is because they were small and can't afford to pay off the right people. Not because what they were doing was "unacceptable" to our society. This is what happens when the little guy tries to play like the big guys.

    1. Re:Don't kid yourselves people. by Runaway1956 · · Score: 2

      You're just so CYNICAL! Can't you just accept the fact that sometimes, the lawyers and judges manage to do something right, just because it's right?

      Ohhhh - who am I kidding here? Yes, you got it right, and the MAFIAA organizations are the proof of that.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    2. Re:Don't kid yourselves people. by hawk · · Score: 5, Interesting

      I am a lawyer, but this is not legal advise. If you want legal advice, pay my retainer.

      That's just plain nonsense.

      Filing this stuff in a Nevada court was, shall we say, less than brilliant to start with. Neither our state or federal judges have much tolerance for trying to game the system with technicalities.

      Righthaven's "bright" idea was to technically assign the copyright to righthaven, which would sue, while leaving the beneficial ownership with the original holder.

      This violates so many basic principles that it's hard to list them all (lawyers owning an interest in the suit, a no lawyer firm practicing law, real parties in interest bring suit, . . )

      This is how righthaven lost, as it should have. It was also predicable, as log as someone stuck it the litigation.

      Now, if the papers had simply sued on their own behalf, some of the suits would have bee winnable. some, not all.

      The one that came across m desk involved an editor at the paper givng oral permission to use the articles, as long as they he full attribution. Turns out that righthaven was searching for the links back to the articles to find the "infringing" articles.

      Most of the uses out there probably were indeed infringing. However, it seems like the copyrights were only sent to righthaven after "violations" we're found, and only then registered with the copyright office' meaning that only actual damages were available up to the time of filing. With the articles remaining available from the papr for something like three bucks, this put a rather small cap on damages . . .

      hawk, esq.

    3. Re:Don't kid yourselves people. by Khyber · · Score: 1

      "Neither our state or federal judges have much tolerance for trying to game the system with technicalities."

      Except out in Texas. East Texas, specifically.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    4. Re:Don't kid yourselves people. by Anonymous Coward · · Score: 0

      "Neither our state or federal judges have much tolerance for trying to game the system with technicalities."

      Except out in Texas. East Texas, specifically.

      Which is why he specifically said Nevada. He didn't say anything about Texas. The antecedent for "our" was Nevada, not the USA.

    5. Re:Don't kid yourselves people. by Khyber · · Score: 1

      The addition of 'Federal' kinda destroys that antecedent, sir. Read the sentence again.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    6. Re:Don't kid yourselves people. by Anonymous Coward · · Score: 0
      You think Nevada doesn't have Federal judges? I think it is so clearly referring to Nevada that it seems hard to believe someone could continue to interpret it otherwise.

      Admittedly, though, the post contains a large number of writing errors.

  3. Lawyers by DnaK · · Score: 5, Funny

    Lawyers getting in trouble for falsifying information? My god i thought lawyers were the good guys!

    1. Re:Lawyers by jd2112 · · Score: 1

      Lawyers getting in trouble for falsifying information? My god i thought lawyers were the good guys!

      How good can they be when you hire one to defend yourself from another member of thier profession.

      --
      Any insufficiently advanced magic is indistinguishable from technology.
    2. Re:Lawyers by K.+S.+Kyosuke · · Score: 3, Interesting

      Remember, the Levenshtein distance between the pronounciation of "lawyers" and "liars" is very small.

      --
      Ezekiel 23:20
    3. Re:Lawyers by DoctorPepper · · Score: 1

      From Rustlers' Rhapsody:

      Rex O'Herlihan: You're not a good guy at all!
      Bob Barber: I'm a lawyer, you idiot!

      --

      No matter where you go... there you are.
    4. Re:Lawyers by tjhart85 · · Score: 2

      Yup, all doctors suck at their job because they don't diagnose themselves.

    5. Re:Lawyers by Anonymous Coward · · Score: 0

      If they can't diagnose whether they are sick or well, I would think they suck at their job . I espicially wouldn't want them to try and figure out if I'm sick either.

  4. Please disbar them all! by danbuter · · Score: 4, Insightful

    I hope all of them get dis-barred for life. It's the only way other attorneys will get the message.

    1. Re:Please disbar them all! by Poltron+Inconnu · · Score: 1

      If you think other attorneys will get the message, you vastly underestimate the ego and chutzpah of the average lawyer.

  5. For their next trick by djl4570 · · Score: 5, Funny

    They will sue the Nevada State Bar Association.

    1. Re:For their next trick by Anonymous Coward · · Score: 1

      That has actually happened in many states. Most recent one I can think of was Jack Thompson suing the Florida Bar Association.

    2. Re:For their next trick by shentino · · Score: 1

      I'm surprised a warrant hasn't been issued for his arrest.

    3. Re:For their next trick by mariasama16 · · Score: 1

      He's been disbarred though, notice how he's been a smidge quieter recently?

    4. Re:For their next trick by shentino · · Score: 1

      Hardly quiet.

      He proclaimed the disbarment a legal nullity based on some fictitious technicality.

      I very much want to see him tossed in the clink for contempt of court.

  6. Re:The nice thing about our bloated legal system.. by Captain+Splendid · · Score: 3, Funny

    No, this is slashdot. All lawyers are evil. Get with the times man.

    --
    Linux, you magnificent bastard, I read the fucking manual!
  7. No fat lady yet by Anonymous Coward · · Score: 0

    Personally, I love this. The entertainment has been great. Righthaven is now near and dear to my heart. I hope this goes on for at least another year. I mean c'mon, who's going to fill the void?

  8. Re:Stagnant by Runaway1956 · · Score: 4, Insightful

    News is like food. I just ingest and digest the stuff, I don't bother remembering whether I ate from fine china, bone china, or throwaway paper plates. ;^)

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  9. Re:Stagnant by Calydor · · Score: 0, Troll

    Well done submitting the Ars story to Slashdot, then.

    Oh wait, you didn't?

    That doesn't mean Slashdot is stagnant, it means you fail at understanding how Slashdot works.

    --
    -=This sig has nothing to do with my comment. Move along now=-
  10. Re:The nice thing about our bloated legal system.. by Anonymous Coward · · Score: 1

    Considering that those lawyers that stopped them still took a shitload of money from those that were attacked for doing the stopping... way more money than they deserve... being the lawyer who stops it, is about the same as being the guy who saves your life *if* you pay him $15 million, or leaves you dying like a dog otherwise.

    I don't consider that anything other than evil.

    (Disclaimer: I'm re-installing computers for free for people, if that means I can install Linux and Linux only. They also get a good rebate when they used Internet Explorer previously, and I can switch them to Firefox with AdBlock Plus and Ghostery for good.)

  11. Re:The nice thing about our bloated legal system.. by sgt+scrub · · Score: 1

    Lawyers aren't so much evil as they are hard to kill.

    --
    Having to work for a living is the root of all evil.
  12. Re:The nice thing about our bloated legal system.. by Captain+Splendid · · Score: 2

    You ever get dizzy riding that high horse?

    --
    Linux, you magnificent bastard, I read the fucking manual!
  13. Proof by sgt+scrub · · Score: 1

    You can chum the waters with shark meat.

    --
    Having to work for a living is the root of all evil.
  14. Re:The nice thing about our bloated legal system.. by Gideon+Wells · · Score: 2

    I wouldn't say evil, but kind of like the real life version of a Dungeon Master. Sometimes they are evil, sometimes they are too far the other way, but get too many munchkins getting into a meta war you begin to appreciate them.

    --
    by Anonymous Coward: I, for one, welcome the shift from car analogies to pizza analogies. um.. overlords?
  15. State Bar? by theswimmingbird · · Score: 1

    Where do I go to get my stamp for beer?

  16. Good by tsotha · · Score: 1

    I won't be happy until they're hung, drawn, and quartered, their families are sold into slavery, and their fields are salted.

    Proverbially, of course.

    1. Re:Good by Anonymous Coward · · Score: 0

      > I won't be happy until they're hung, drawn, and quartered, their families are sold into slavery, and their fields are salted. > Proverbially, of course. Hung, drawn, quartered, and >>they are salted, sauteed with leeks and onions and served with a nice chianti....

  17. I'm surprised it took so long by msobkow · · Score: 4, Interesting

    Here in Regina we have a lawyer named Tony Merchant who's been under investigation by the local bar many times, and he's not been chastized by the judges and the courts nearly as often as Righthaven.

    I was starting to think there was no oversight of it's members behaviour with Righthaven and a few ambulance-chasers making the news repeatedly but never being investigated.

    The bar association in each district is more than qualified and bound to pull the "lawyer licenses" from it's members who abuse their priveleges and the court system overall.

    Tony is still practicing, of course. There were issues that had to be resolved with his practice, and restitution made, but he learned his lesson and was allowed to continue practicing as a result. An investigation does not mean the Righthaven lawyers will be permanent disbarred, even if they are found "guilty" of something by the bar association in their state.

    --
    I do not fail; I succeed at finding out what does not work.
    1. Re:I'm surprised it took so long by msobkow · · Score: 1

      As a "geek" who doesn't believe in Righthaven's abusive methods of using the threat of the courts to extort money from the accused, I do believe Righthaven has repeatedly violated the ethics of being a lawyer and should be permanently disbarred. Unlike Tony, they've been engaging in such activity for years and in hundreds or thousands of cases.

      --
      I do not fail; I succeed at finding out what does not work.
    2. Re:I'm surprised it took so long by MightyMartian · · Score: 1

      I have had exactly one experience with lawyers, and that was over a property dispute. The day before my deposition by the opposing lawyer, my lawyer and I sat down and reviewed all the evidence and arguments, and at the end of it she said "You, of course, must tell the truth. You cannot lie."

      There's no doubt that there are dishonest lawyers out there, and there is also often a bit of rationalization and see-no-evil behavior, but in general they are bound by a pretty strong code of ethics.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    3. Re:I'm surprised it took so long by Khyber · · Score: 1

      So how do you disbar a no-lawyer organization?

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    4. Re:I'm surprised it took so long by msobkow · · Score: 1

      Easy. It's illegal to practice law and represent someone else in court. You're allowed to represent yourself, but only lawyers are allowed to represent any one else's interests in a case, including corporate interests.

      That's why you never see a "legal aide" prosecuting or defending a case, only filing paperwork to launch a case that has to be prosecuted or defended by the individual or their attourney.

      --
      I do not fail; I succeed at finding out what does not work.
    5. Re:I'm surprised it took so long by Khyber · · Score: 1

      "Easy. It's illegal to practice law and represent someone else in court."

      Not true, not true at all. You can pick any person to be your lawyer. The worst that will happen is the judge will go "You've screwed this case up, default verdict. YOu should have hired a lawyer."

      I've seen it happen. Right before my own sentencing for prison.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  18. Re:The nice thing about our bloated legal system.. by Anonymous Coward · · Score: 0

    No, this is slashdot. All lawyers are evil. Get with the times man.

    O RLY? Slashdot's own NewYorkCountyLawyer is considered "good"!

  19. Re:The nice thing about our bloated legal system.. by Anonymous Coward · · Score: 0

    They're vampires, but unlike the regular kind they don't sparkle.

  20. Re:The nice thing about our bloated legal system.. by lennier1 · · Score: 1

    There are plenty of "good" lawyers, but the other 99.9 percent kinda give them a bad name.

  21. Re:The nice thing about our bloated legal system.. by Smallpond · · Score: 1

    Google, the most privacy-intruding private organisation on the planet..

    **cough ** Facebook.

  22. Re:The nice thing about our bloated legal system.. by jonbryce · · Score: 2

    Including Eben Moglen and Lawrence Lessig?

  23. Re:The nice thing about our bloated legal system.. by Anonymous Coward · · Score: 0

    Facebook are the most privacy-intruding private organisation in a much larger area than just this little planet....