Righthaven Loses Again (Yes, Again), With Another Judge... But Immediately Refiles Lawsuit
from the definition-of-insanity dept
Ah, Righthaven. The company has lost yet again, as another Nevada judge has said that the company has no standing to bring the lawsuit. The ruling, from Judge Kent Dawson covers some similar ground to earlier dismissals from Judge Roger Hunt and Judge Philip Pro, citing the Silvers v. Sony Pictures case, which makes it clear that you can't just transfer the "right to sue" over copyrights, and highlighting the agreement between Stephens Media and Righthaven that made it clear that the "transfer" of copyrights was a sham.Judge Dawson also addresses the "amended agreement" that Righthaven made with Stephens Media on May 9th in its attempt to get around the sham transfer, but the judge doesn't buy it (Judge Pro and Judge Hunt both expressed skepticism about this amendment), noting that it only matters what the facts were when the complaint was filed, and this attempt to change the rules later in the game is not allowed:
This amendment, however, cannot create standing because “[t]he existence of federal jurisdiction ordinarily depends on the facts as they exist when the complaint was filed.” Lujan v. Defenders of Wildlife, 504 U.S. 555, 571 n.4 (1992) (quoting Newman-Green, Inc. v. Alfonzo- Larrain, 490 U.S. 826, 830 (1989)) (emphasis in Lujan). Although a court may allow parties to amend defective allegations of jurisdiction, it may not allow the parties to amend the facts themselves. Newman- Green, 490 U.S. at 830. As an example, a party who misstates his domicile may amend to correctly state it. This is an amendment of the allegation. However, that party is not permitted to subsequently move in order to change his domicile and amend accordingly. This would be an amendment of the jurisdictional facts, which is not allowed. See id. Here, Plaintiff and Stephens Media attempt to impermissibly amend the facts to manufacture standing. Therefore, the Court shall not consider the amended language of the SAA, but the actual assignment and language of the SAA as it existed at the time the complaint was filed.Amazingly... Righthaven hasn't gotten the lesson yet, and isn't given up. Almost immediately after Judge Dawson dismissed the complaint, Righthaven refiled the lawsuit, claiming that with its new amendment to the strategic agreement, it now has standing to sue. It will be interesting to see how the judges react here, as they've shown a few signs of getting tired of Righthaven's attempts to continue with this copyright trolling.
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Filed Under: copyright, lawsuits
Companies: righthaven
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Thank you, Righthaven, for being such an annoying copyright Troll. This will motivate plenty of politicians to come up with some anti-Troll detergent...
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At first I had an intense dislike of their antics, but they have shown to a remarkable degree how easy it is to abuse the stupid copyright laws.
Kudos to them (also they are almost as entertaining as the well deserved kicking Rupert Murdoch and his Lies Corp is getting).
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I guess the system is still (somewhat) secure, after all.
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In the Netherlands there's a saying that even a donkey isn't stupid enough to bump it's head against the same stone twice.
Even a donkey would know when to stop. It makes a nice comparison with Righthaven too. They're both asses...
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It does seem odd to me that Righthaven didn't have themselves set up as legal council on the behalf of Stephans Media instead of having the "Right to Sue" signed over to them in a manner that has been found illigal by multiple judges.
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Jack Thompson all over again
What ever happened to him? hmm... oh, that's right! He got DIS-FREAKING-BARRED!
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Stop.
Please.
Your comedy stylings are wearing thin, try doing something else, ive heard landscape gardening nice.
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Keep digging!
Yes, Righthaven.
Please, keep digging.
You're getting closer to our eventual goal.
Don't stop.
You'll get there.
We'll be glad you did.
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Righthaven does have a shiny, new agreement with Stephens Media. I think this is SAA 3.0, but it's hard to keep track at this point You can read it here: http://ia700509.us.archive.org/5/items/gov.uscourts.nvd.75386/gov.uscourts.nvd.75386.134.1.pdf
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Yes, it's so sad that all these judges just don't understand the way you want it to be.
It so reminds me of SCO. They lost in multiple courts. They complain (in online forums) of biased judges. They appeal that a jury should have decided instead of a judge. They get a jury trial -- and lose. They then appeal asking that a judge should have decided instead of a jury.
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Righthaven's strategy now appears to be changing the agreement every time a judge points to something they don't like. It will be interesting to see how in the world a judge can rule they don't have standing under these new agreements.
Of course, Righthaven still has the problem with the unauthorized practice of law, and I'm really anxious to get a ruling on that. If the assignment-plus-kickback thing is in fact UPL, they're fucked.
This does sound like the SCO thing from what you've told me. I didn't follow that case though. I did read a bit about it on groklaw at your suggestion. Interesting stuff.
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Why should this be allowed under current CR law?
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Your name isn't Terekhov is it?
When a judge tells a layman that the layman is wrong about a point of law, then the layman is most probably wrong.
When multiple judges, in multiple cases tell a layman that the layman is wrong about the same point, then the layman is most definitely wrong.
You are wrong. Please stop claiming otherwise, you're just embarassing yourself.
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In this Mostofi case, it appears that Righthaven didn't have the actual assignment document in evidence. That document is where Stephens Media explicitly assigns Righthaven the copyright. Why this wasn't in evidence is anyone's guess. I'm assuming it's because Righthaven dropped the ball again. But given that they didn't have this in evidence, it's no wonder they lost.
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I had said last week that I'm giving Righthaven the benefit of the doubt. I've since rethought my position and now I'm neutral. They get neither a presumption of good faith nor bad faith from me. I don't think they're malicious, but I don't think they're not malicious either.
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That seems to be a cop-out.
It might be better to say that they've got a good case of self preservation, given that sanctions are likely imminent along with losing their business license in Nevada. They HAVE to do this, even though everyone knows it's falling apart...
It's like watching The Titanic sink, or the Hindenberg crash.
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It's amazing to watch since they have so many lawsuits ongoing and they're being attacked from all sides. Titanic indeed. It's like a turkey shoot at this point. Fish in a barrel.
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Please re-read my post. When multiple judges, on separate cases, all agree on a point of law, then they are correct. By definition. If you think they're wrong, then (obviously) you are incorrect.
Before doing any more "research" or replying here, please read up on the Dunning-Kruger effect. A good place to start is here: http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
You do not understand what you think you understand. Others have explained how you are wrong, and the judges in the case agree with them. By definition, you are wrong.
And yet you refuse to accept the plain truth that you are wrong. It is an empirical fact.
And yet, you are still wrong. You must have misunderstood your "research" because you are wrong. You have been proven wrong, by three judges. It doesn't get any plainer than that.
It doesn't matter what the judges did, by definition, you are wrong.
How do we know you are wrong? Because three judges have said that you are wrong.
I don't know any other way to say this - you have made a mistake, and you do not understand what you think you understand, Alex.
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That makes no logical sense. It's also possible that the judges simply got it wrong. There's no rule that says when three district court judges say something then it's necessarily, absolutely, inviolably, 100% correct.
Before doing any more "research" or replying here, please read up on the Dunning-Kruger effect. A good place to start is here: http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
I would say it's just as likely that that effect applies to the judges. How much copyright experience do those judges have? I'm sure you can't say.
You do not understand what you think you understand. Others have explained how you are wrong, and the judges in the case agree with them. By definition, you are wrong.
Other people have stated their opinions as I have done mine. To say that by definition I'm wrong on something that's not black-and-white and crystal clear is silly. I have an opinion that is justifiable based on the law. Your mistake is in assuming that there are only two possibilities: right and wrong. It doesn't work like that. Like most things, there are good arguments for either side.
You're arguments are not at all convincing, and I think you have a rather simplistic view of things.
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It's not possible, and here is why. Judges indirectly make law. The judicial branch gets to interpret the law, not the legislative branch and certainly not you. They do. Their interpretation is, by definition, the correct one whether you like it or not. If they interpreted "do not murder" to mean "murder is ok" they are, by definition, correct. I may dislike that interpretation and think that it's logically and practically wrong, and that the law itself is wrong, but it's still legally correct. If the judicial branch says that you're wrong, they get to make those determinations and they get to say that you are legally wrong. Had the judges agreed with you, you would be right. It's called common law. Judges indirectly make law by interpreting it.
If the supreme court overturns it, then you would be right, because the supreme courts opinions, and the law that they indirectly make, is correct. but if the supreme court refuses to take the case, then, by definition, the current standing is correct. That's how our legal system works.
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Just because a couple district court judges interpreted Silvers a certain way doesn't mean their interpretation is correct. I'd like to see what the Ninth Circuit thinks about this interpretation of their precedent. To me, it seems obviously mistaken.
All three branches of government interpret the law, by the law. It's weird that you think otherwise.
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Nope, the judicial branch interprets the law.
"It's weird that you think otherwise."
No it's not. It's the way the constitution sets up the legal system. It's weird that you would think otherwise.
"The judiciary (also known as the judicial system or judicature) is the system of courts that interprets and applies the law in the name of the state."
http://en.wikipedia.org/wiki/Judiciary
"Legislative branch: passes laws
Executive branch: enforces laws
Judicial branch: interprets laws "
http://www.personal.psu.edu/faculty/m/x/mxj20/comm381/legal%20outline.htm
That's how I've learned it in school and that's how it's formally been taught. It is your unsourced opinion that is the weird one.
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The executive branch is not an authority of how the law should be interpreted, just like you're not.
How do I abide by the law without first interpreting it? The point is that if I interpret the law differently than the judicial branch, then my interpretation is, by definition, wrong. But I can use the judicial branches interpretation to help me interpret the law.
"I'm guessing you're also unaware of the fact that most laws in the US are not created by legislatures."
I'm aware that most of the laws are created by federal agencies, but those federal agencies receive their authority from Congress (the legislative branch). Though I think that Congress should be forced to sign any bill that these federal agencies propose.
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If overturned, then it becomes wrong.
"I'd like to see what the Ninth Circuit thinks about this interpretation of their precedent."
If they refuse the case, that would be further precedent that you are wrong. Have any of these cases been appealed yet? Have the appellate courts taken the case?
If overturned, then you would be right. So far, the legal precedent says you're wrong.
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You really have a binary view of things. I thing the precedents that exist show the judges here got it wrong. But the way it usually works with something that has no clear, obvious answer is that you try and analogize to precedents to find the best answer. I think the judges here did a bad job of analyzing things, and they seemed to be unaware of some basics as far as standing goes, as demonstrated in their reasoning. If I thought the reasoning was right, I would say so. But I don't. I think the reasoning is flawed, so that's what I'm saying. You insist that I'm wrong, but I don't agree. Cheers.
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And you do realize that district court decisions are not binding precedent, right? You could have one judge say Righthaven has standing and another one say they don't, even in the same district, even looking at the same facts.
I imagine that whichever one hurts Righthaven is the one you think is "right."
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If appellate courts refuse to take the case then it becomes strong precedent.
"I imagine that whichever one hurts Righthaven is the one you think is "right.""
Not necessarily. I can concede that the law itself is wrong and needs to be changed and that the judges should be replaced to ones that are IP abolitionists so that the laws, and their legal interpretations, are changed.
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For instance, I can concede that copy protection laws last 95+ years. The constitution says that they should promote the progress, I do not think 95+ year copy protection lengths promote the progress and so it should be unconstitutional, but the judicial branch disagrees with me. So, by legal definition, copy protection lasts 95+ years. I think the law is wrong. I think it's a poor interpretation of the constitution and what the founding fathers intended. Though I think the interpretation is practically wrong, it's legally right. Sure, by definition, it's legally correct, but the law itself is wrong. I vote that we replace our legislators and our judges with IP abolitionists so that the laws can be changed to abolish IP.
See, I have no problems saying that the law itself is wrong.
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I don't think you're going to convince me with "50 people say it." Convince me with a better argument. If 1,000 people said one thing, and one person said something else, I would agree with the one person if my own research and analysis told me that one person had the better argument.
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Looks like the unauthorized practice of law argument has gained some traction: http://www.vegasinc.com/news/2011/jul/14/judge-fines-righthaven-5000-misleading-court-over-/
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I think you need to face the POSSIBILITY that perhaps copyright just isn't these judges' strong suit. Judges aren't masters of all areas of law, you know. Apparently you think that once three judges say something (even if the other judges are just going off what the first said) then res ipsa loquitur that's gospel truth. It doesn't work that way. See any appellate court case where a district court was reversed for evidence of this.
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You do not appear to understand that it's not your position to determine how the law is interpreted, it's their position. They can interpret it however they want and what they say is legally true because they said so. It's called common law precedent.
"even though a licensor grants an exclusive license to another, that licensor still has standing to sue for infringements that happened prior to the licensing."
The judges disagree and so this is, by definition, not true. The judicial branch interprets the law, its interpretation (and not yours) is, by definition, legally correct. If the judicial branch says that you're legally wrong then its true because that's how the constitution configures our legal system.
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Again, just because one judge interprets something one way, that doesn't mean that that is the gospel truth. Did you ever notice how appellate courts reverse district court judges? They get reversed because the appellate court thinks the district court got it wrong. It happens all the time.
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Sure, so are they doing it here?
"It happens all the time."
So the question is, is it happening here?
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If it gets reversed, then you would be right. In the meantime, the legal precedent says you're legally wrong.
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If the decision was based on policy reasons, they should have said so. Instead, IMO, the rulings are based on bad reasoning. Perhaps the right answer is that Righthaven doesn't have standing. That's fine with me. I just want the reasoning that reaches that conclusion to be solid. And so far, it hasn't been.
It certainly looks like the end is near for Righthaven. I think the UPL argument will shut them down for good here shortly.
As far as what I said above about the defendants, let me elaborate. I think most of these defendants probably should be liable for infringement. I don't begrudge Righthaven for attempting to bring suit against them. It certainly appears though that Righthaven has not been keeping their nose clean. Judge Hunt ruled today that Righthaven intentionally misled the court. I have no sympathy for that.
Break copyright laws, I don't have sympathy. Lie to the court and conduct UPL, I don't have sympathy.
If it is UPL, then I do have sympathy for the defendants as being the victims of UPL. I won't be the least bit surprised if this ends in a big class action against Righthaven for a whole host of wrongs, and Righthaven will be put out of business. I also think that MediaNews and Stephens will be on the hook for what Righthaven has done, and rightfully so.
In the end, it appears that the standing issue really won't matter since I think the UPL argument and the claims against Righthaven are where this is all heading.
Nonetheless, I think it's elementary that a party can assign its copyright and accrued right to sue to another party, and then that first party can be granted a license back while leaving the second party with standing. Nothing in Silvers says that's not OK. Nothing in the Copyright Act says it's not OK.
Righthaven going down in flames is probably the right outcome here, but that doesn't change my mind that the standing and fair use rulings have been poorly reasoned and wrong.
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I don't see how it's a sham. The reason you don't let married couples do it is because they are doing it for the purpose of not paying a creditor, i.e., not making the victim whole. That's against public policy.
The only difference here is that the wrongdoer is paying his debt to his victim's transferee. What public policy reason prevents this? What's important is that the tortfeasor pay for his wrong, not who he pays.
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Then you say that you support people twisting the words of a law to bypass the intent of the law. Re-read this, and think about it. They 'bought' the rights, then in the same agreement immediately licensed, exclusively, all those rights back to the people they purchased the copyright from. THIS is where most of us are seeing an issue with that first contract. It is so transparent a scam to most of us that it just boggles the mind that they thought they'd get away with it.
Incidentally, this is why a lot of people don't like lawyers, either. There are some really good ones out there, but the word weasels tend to darken the name far too easily.
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I think you have to take a step back and look at the bigger picture. The copyright--the property itself--has been infringed. When the defendant makes the plaintiff whole, the copyright is no longer diminished. This is the idea behind the tort of copyright infringement. So what if ownership of the right changes hands between the infringement and the making whole? What's important is that the tortfeasor is only liable to make whole his victim once. Whether the plaintiff he makes whole is actually the victim, or his victim's assignee, makes no difference.
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And it's not that the judges disagreed. It's that they didn't even seem to realize that this is the proper issue to be looking at.
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They don't have to 'realize' anything, they get to decide.
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If I didn't know about all of these lawsuits, I'd think they weren't even in the business of licensing their valuable content.
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LMAO!
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SAA:
blah blah, Stephens Media shall not grant any encumbrance on any SM copyright... notwithstanding... it shall not be a breach of this agreement if SM... encumbers all or substantially all of its assets... blah blah
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As I see it, there "magic agreement." What's become apparent through all these briefs and orders is that the SAA has no substance. Some of the rulings have hit on this point. Drafting the "perfect contract" still won't do Righthaven any favors, as what matters is how their relationship operates in the practical world, not the world that exists on paper.
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/fixed
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Re: When a copyright owner grants an exclusive license to another ...
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Does that apply even when the buyer of the copyright knowingly buys damaged goods? Surely in this case the sale price already incorporates the effect of the damage done by infringement (whatever it may be). It seems like the law shouldn't allow the buyer to get double the value of the infringement, first in the discounted price and then in court.
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It appears that Righthaven is going to file a new complaint against DU: http://ia600509.us.archive.org/5/items/gov.uscourts.nvd.75386/gov.uscourts.nvd.75386.134.2.pdf
If at first you don't succeed, sue, sue again! ;)
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vexatious
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Isn't that lovely?
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the big question is
The question they need to ask is...who do you sue to get a soul and a sense of dignity?
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