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Righthaven Stops Showing Up In Court

Fluffeh writes "This story has gone from funny to sad. Following copyright-troll Righthaven's recent whipping by a judge, it now appears the company has just given up altogether. CEO Steve Gibson is working at another job (while being investigated by the Nevada Bar) and main lawyer Shawn Mangano apparently has completely stopped responding to all attempts to contact him, even by the court. All this has resulted in the key appeals in its cases to be dismissed 'for lack of prosecution.' Last Thursday it also had a key case closed, with prejudice, driving another nail in its already buried coffin."

37 of 122 comments (clear)

  1. What? by Anonymous Coward · · Score: 2, Insightful

    "This story has gone from funny to said."

    Another quality slashdot article!

  2. driving another nail in its already buried coffin? by V.+P.+Winterbuttocks · · Score: 3, Insightful

    Now that's a bizarre twist to that metaphor...

    --
    I'm the real Vorokrytin P. Winterbuttocks.
  3. Re:driving another nail in its already buried coff by KingSkippus · · Score: 5, Funny

    The court actually dug the coffin up, drove another nail into it, and reburied it. Yes, it was a lot of work, but the point needed to be proven that badly.

  4. Ignore the Court? by Anonymous Coward · · Score: 5, Funny

    I wish I could ignore court orders and get on with my life. Somehow I don't think that works for people.

    1. Re:Ignore the Court? by OldGunner · · Score: 2

      Well, they have certainly been electronic bullies far longer than Righthaven was, so perhaps their eventual down fall will be even more spectacular. We can only hope! Come to think of it, they have been amazingly quiet since Righthaven got taken to the judicial woodshed.

      --
      Vietnam Veteran / Former Postal Worker -- Use Caution When Taunting!
  5. SCO and Righthaven merger by Danathar · · Score: 4, Funny

    And in other news Darl McBride has announced that SCO will be merging with Righthaven to "Leverage synergistic energies to protect our customers"

    1. Re:SCO and Righthaven merger by tripleevenfall · · Score: 5, Funny

      Dear lord, what if they synergize their core competencies?

    2. Re:SCO and Righthaven merger by gman003 · · Score: 4, Funny

      Then they'll be able to fail *twice* as epically!

      Failure, of course, being their core competency.

    3. Re:SCO and Righthaven merger by bmo · · Score: 2

      You can bet if they do, Robert Enderle will be there to cheer them on and say that this is the death knell for Linux.

      --
      BMO - Drunken keynote speeches for EVERYBODY!

    4. Re:SCO and Righthaven merger by dkleinsc · · Score: 5, Funny

      They'll use best practices and outside-the-box thinking to rightsize the cloud-based agile empowerment solutions with viral social messaging, of course. Do I have to think of everything around here?

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    5. Re:SCO and Righthaven merger by gstoddart · · Score: 3, Funny

      They'll use best practices and outside-the-box thinking to rightsize the cloud-based agile empowerment solutions with viral social messaging, of course

      Hey, I got Bingo!! Awesome, thanks.

      --
      Lost at C:>. Found at C.
  6. Compel them to show up? by Kylon99 · · Score: 5, Interesting

    IANAL, but is there some way to compel them to show up? Not to force them to prosecute their claims, but rather to compel them to answer for their frivolous lawsuits, for example?

    I mean, lodging a lawsuit against someone causes emotional harm and waste of time and money if they did it with malice. Can there be restitution with any of their cases for the injured party? Although I know it may be very hard to prove...

    1. Re:Compel them to show up? by ThunderBird89 · · Score: 2

      I'm not familiar with common law, but in continental law, you may be taken in by the police if you fail to answer your summons for a trial, or even taken in the night before, and held at the precinct overnight, then led forward handcuffed by an officer. The court has to order this specifically, and I've only seen this used in case of private persons, so I'm not sure it could apply in case of a corporation (after all, the legal persona applies to the whole corporation, who is there to summon by force in this case?)...

      --
      Hyperbole: I use it liberally!
    2. Re:Compel them to show up? by JazzHarper · · Score: 4, Informative

      IANAL, but is there some way to compel them to show up? Not to force them to prosecute their claims, but rather to compel them to answer for their frivolous lawsuits, for example?

      Yes, the defendant can file a counterclaim. If they still don't show up, the defendant wins, automatically. Then, there's the little detail of collecting on the judgement, but take it one step at a time...

    3. Re:Compel them to show up? by fahrbot-bot · · Score: 5, Interesting

      In most states, if somebody doesn't pay a judgement, then the plaintiff can do things like have the sheriff show up at their office and take anything of value up to the amount of the judgement.

      Like this priceless gem: A Florida Couple 'Forecloses' On Bank Of America

      Over the past few years, we've heard plenty of horror stories about bungled foreclosures. The one of Warren and Maureen Nyerges, from the Naples, Fla. area, is just as bad. In 2009, they bought a home with cash, yet in 2010 Bank of America tried to foreclose on them. It took two months of phone calls and eventually court intervention to clear up the misunderstanding.

      In December, a judge ordered the bank to pay the couple $2,500 in attorney fees. But months went by and the bank never cut a check. So, the Naples Daily News reports, Nyerges hired a lawyer, who pursued a levy, and this past Friday the showdown was on: The Nyergeses showed up to a local branch of Bank of America with the sheriff, the media and some movers with a truck:

      "I'm either leaving the building with a whole bunch of furniture, or a check or cash or something," the attorney, Todd Allen, vowed.

      ... An hour later, the bank cut a check.

      --
      It must have been something you assimilated. . . .
    4. Re:Compel them to show up? by TubeSteak · · Score: 2

      When the plaintiff doesn't show up, one of three things can happen:
      1. The defendant moves for dismissal and wins
      2. The defendant can ask for a continuance* so that the plaintiff can show up
      3. The Judge gets angry and orders a arrest warrant or fine for contempt upon the plaintiff.

      When the defendant doesn't show up, see #3

      *unless you were trying to get sued and set a precedent, this never happens

      --
      [Fuck Beta]
      o0t!
    5. Re:Compel them to show up? by triclipse · · Score: 4, Informative

      If the plaintiff doesn't show up, the defendant does not even necessarily have to file a counterclaim to get a judgment in their favor. If the case is abandoned for lack of prosecution, the defendant can generally get a judgment for at least their costs and, depending on the type of case, for their attorneys' fees.

      With a judgment in their favor, the defendant could then call the plaintiff (now judgment debtor) in for a debtor's exam. If the debtor fails to appear, that's contempt of court and generally a warrant for the debtor's arrest is issued.

      --
      No Inflation Taxation without Representation
  7. Is this the end? by Jason+Levine · · Score: 5, Insightful

    With all Righthaven did, I wonder if this will simply be the end to the lawsuits. If so, this would be a really bad thing. When all is said and done, if the courts just shut down the lawsuits now, the folks behind Righthaven will have been able to sue a bunch of people and then walk away without any penalties. Sure, Righthaven will be shuttered, but there are indications that they shuttled assets elsewhere first to avoid paying debts. If the courts allow this, what's to stop any company from forming a shell company (to protect the parent), conducting a series of lawsuits, and simply dissolving the shell if things go badly? The downside here seems low and the upside (if you are successful in forcing people to settle) seems high. There needs to be a full investigation here with appropriate charges filed/fines issued to make sure other companies get the message that this is unacceptable.

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    1. Re:Is this the end? by bmo · · Score: 4, Interesting

      It's called piercing the corporate veil, and if that happens, the principals are directly responsible for any and all judgments against the company.

      It has to be pretty serious fiduciary irresponsibility, though, at the criminal level.

      --
      BMO

    2. Re:Is this the end? by Anonymous Coward · · Score: 2, Informative

      piercing the corporate veil applies to shareholders who normally have limited liability. The actors within a corporation are never shielded from any illegal activity they do themselves on behalf of a corporation. I'm not sure why so many people get this confused.

  8. Re:driving another nail in its already buried coff by tripleevenfall · · Score: 5, Funny

    It's like in Moby Dick, the coffin was built for someone, then that someone didn't die, then it was nailed shut and used as a bouy, then it was dragged down to the depths without any human intervention, then ironically the person did die when the coffin would have saved them, but then without any human intervention it erupted back to the surface, saved someone else's life, and then... well, was probably discarded again, but that's neither here nor there. The point is, the coffin which already was buried was exhumed, had one additional useless nail driven in, and - well, it's something to do with hamburgers or cars I'm sure.

  9. beating a dead horse is sometimes necessary by amoeba1911 · · Score: 4, Informative

    What seems like beating a dead horse is necessary in this case. You must continue to beat the horse even after the horse is long dead. It's like a course of antibiotics, it may seem like the infection is gone but if you stop too soon a resistant strain might come back.

    1. Re:beating a dead horse is sometimes necessary by Abreu · · Score: 2

      Beat the dead horse, then stake it through the heart, sever the head, fill it with garlic, and bury it separately from the body, preferrably across a body of water...

      --
      No sig for the moment.
  10. Fuck up careers by future+assassin · · Score: 3, Insightful

    So these guys just fucked their careers for life, for what? A promise of some $$$ at the end of the line....

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
    1. Re:Fuck up careers by Just+Some+Guy · · Score: 4, Insightful

      I like England's "loser pays" law.

      I don't. I don't have the millions of dollars to pay a high end legal team that a corporation might be able to afford, so "loser pays" would boil down to "I have no rights against rich entities". No thanks.

      --
      Dewey, what part of this looks like authorities should be involved?
    2. Re:Fuck up careers by Opportunist · · Score: 2

      Fucked their careers? They managed to patent troll and bully a couple people, lose EVERY SINGLE effin case and get away with it.

      I foresee a great future as MAFIAA lawyers.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    3. Re:Fuck up careers by ZeroSumHappiness · · Score: 2

      How about you pay twice your own lawyer's cost. Once to your lawyer, once to the winner's?

      If you win against a corporation who put a million dollar dream team together your lawyer just made bank. If you lose then the corporation still doesn't realize the rewards necessary to afford the dream team. I feel like it wouldn't be worse than what we have now and would actually encourage more lawyers to act pro-bono for the poor, at least in cases where they may win.

    4. Re:Fuck up careers by shentino · · Score: 2

      Did you ever have rights against rich entities anyway?

      Besides, with loser pays organizations like the EFF can turn donations into loans instead of gifts.

      The EFF can throw gobs of money at the case, win it, and get their money back to reuse on the next case.

    5. Re:Fuck up careers by dkf · · Score: 2

      I don't. I don't have the millions of dollars to pay a high end legal team that a corporation might be able to afford, so "loser pays" would boil down to "I have no rights against rich entities". No thanks.

      It doesn't work like that. The repayment of costs by the losing side is subject to a check against whether it is equitable and reasonable, and it is the judge that makes that determination. The legal principle of equitability is why costs are normally awarded (basically, why should you have to pay if you've not done anything wrong?). The legal principle of reasonableness strongly encourages the two sides to the case to bring equivalent legal firepower; yes, bring too little and you lose, but bring too much and you'll be out of pocket due to only getting a partial (sometimes very partial) award of costs. Doing the legal equivalent of using a thermonuclear weapon to crack a peanut is not reasonable, and it's been partially responsible in a number of cases for the "winners" feeling like they've lost heavily.

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
  11. And so the two most responsible people walk away.. by MetalliQaZ · · Score: 4, Insightful

    ..with hardly any punishment for the thousands of dollars of losses they inflicted on their victims. Makes me sick.

    --
    "Here Lies Philip J. Fry, named for his uncle, to carry on his spirit"
  12. "gone from funny to sad"? by tobiasly · · Score: 4, Insightful

    This story has gone from funny to sad.

    Nope. Still funny.

    1. Re:"gone from funny to sad"? by hierophanta · · Score: 2

      carp i miss moderated. commenting to remove it

  13. Re:driving another nail in its already buried coff by jd · · Score: 3, Funny

    Leave the sun out of it. They're being investigated for enough crimes as it is.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  14. Re:And so the two most responsible people walk awa by jd · · Score: 2

    That seems to happen a lot. *trynottomentionwallstreet* *trynottomentionwallstreet*

    The worrying thing is that it basically legitimizes patent trolling in that those wanting to organize a patent troll company now have a template to work from where they know they have a good chance of sponging lots of money and then escaping cleanly. Sure, the ending needs a little work, but most of the template is now proven solid.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  15. Criminals can be strange that way by Sycraft-fu · · Score: 2

    They sometimes seem to be just attracted to crime, rather than turning to it as a last resort or because it makes so much money. A great example is a guy here locally who would break in to newspaper dispensers to steal the money. Well this was fairly hard work, they are built nice n' sturdy and this guy didn't have some tool to bust them open real fast. Also it required a good bit of walking around to get to them, there aren't all that many and they aren't densely packed. Of course the biggest thing is the haul was exceedingly small. These things are not massive profit machines, he'd be lucky to find $5 in one.

    The police said he literally would have made more money with a job at McDonalds at minimum wage. It wasn't as though he'd found a good way to make money, though illegal, he was really being an idiot about it.

    Or take a look at people in the drug trade. Quite dangerous not just because it is illegal but because it is violent. Your competitors may well kill you. Now there's some considerable money to be made... For a few people. Yes there are some very rich drug lords, but not that many really. Compare it to regular legit business and you see a lot of similarities, except the the top legit businessmen make even MORE money, and do not fear for their lives. In either case those going in to it at a low level with the idea they will strike it rich are probably deluding themselves but in legit business if you "fail" and are just a regular worker you can end up with a good career and a retirement rather than a shallow unmarked grave.

  16. Re:driving another nail in its already buried coff by A+nonymous+Coward · · Score: 2

    Sounds more like they dug it up and fired it into the sun.

    No, just drove another steak through it's heart and doused out with holy water again.

    Some garlic sauce added, I presume? Or maybe it was frozen in the shape of a stake.

  17. A haven for the greedy and dim-witted, maybe by thomasmoreorless · · Score: 2

    Pity they didn't name it Rightcraven -- that would have been much more appropriate considering that they have turned tale and crawled away. What a pathetic waste of resources this whole farce was, not to mention torturing people who did not infringe a single copyright. I agree that this must not go unpunished. The lawyers should at least be brought before the bar, even if the corporate bankruptcy shields them from paying what they owe.