Righthaven Actually Shows Up In Court, Whines About 'Scorched Earth' Attacks Against It

from the can-we-define-irony? dept

Thu, Jan 12th 2012 11:01pm — Mike Masnick

Righthaven became famous for being one of the first copyright holders to go after alleged online infringement... by suing first, without ever sending any sort of takedown notice. That, alone, raised some questions about Righthaven's tactics. The company also -- for no clear reason -- demanded not just payment, but also that sites turn over their own domain names. It was this level of intimidation (via the legal system) that caused many sites to simply settle, rather than pay to fight it. If ever there was a company guilty of using overly aggressive litigation techniques, it would be Righthaven. And yet... in a rather ironic move, the company is now complaining about the tactics used against it by lawyer Marc Randazza, who has been relentless in pursuing the attorney's fees that the court has ordered Righthaven to pay.

Though, yes, this does mean that Righthaven's lawyer, Shawn Mangano, actually showed up in court this time. Righthaven also complained that Randazza's efforts were just to get press attention (well, if Righthaven isn't going to pay them, they might as well get publicity some way...). Either way, the judge issued a protective order blocking anyone from revealing the financial information uncovered during a debtor's examination of Righthaven CEO Steve Gibson and his wife.

Separately, an appeals court rejected Righthaven's attempt to get an injunction to stop Righthaven assets from being auctioned off... It seems like another bad day for those supporting Righthaven.

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: appeal, marc randazza, scorched earth, shawn mangano, steve gibson
Companies: righthaven

25 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

xenomancer (profile), 12 Jan 2012 @ 11:32pm

Hmmm
I do agree with the court's largesse in blocking the private financial information unveiled during the debtor's examination of the CEO and his wife, but I really can't find the strength within, even with my awkwardly sarcastic yet forgiving sense of humor, to give one horridly flatulent moment, let alone a peacefully quiet one, of consideration for the company's downfall. That they dug their own Argentinian mineshaft of a grave is their own miserable fault. They just happened to piss off the wrong properly educated lawyer. That Randazza happens to have both scruples and brains is a miracle alone, but this overextended case study for future law students approaches the divine touch of a true academician.
[ link to this | view in chronology ]
- Jamie, 12 Jan 2012 @ 11:39pm
  
  I agree, too
  It is right and proper to let a grifter hang themselves, and provide no leverage for future complaints.
  
  Randaza is probably enjoying some nice bubbly right now (assuming that's the sort of thing he enjoys).
  [ link to this | view in chronology ]
- That Anonymous Coward (profile), 13 Jan 2012 @ 12:22am
  
  Re: Hmmm
  I was with you up until you were liking Randazza.
  He is currently engaged in copyright extortion of people identified by IP address alone, and has his own version of what the law says that does not match reality.
  While hes been occupied with RightHaven he has had cases open on the docket over 4 months, violating the rules but no one seems to mind.
  
  His demands are about as nutty as RightHaven's, so this is mostly just troll on troll action.
  [ link to this | view in chronology ]
  - xenomancer (profile), 13 Jan 2012 @ 3:06am
    
    Re: Re: Hmmm
    I like him in the context of cases involving Righthaven (who doesn't enjoy a decent troll war from the sidelines w/ popcorn). I honestly haven't kept up with enough of his other work to judge him otherwise. Thanks for the heads up though.
    [ link to this | view in chronology ]
    - That Anonymous Coward (profile), 13 Jan 2012 @ 3:24am
      
      Re: Re: Re: Hmmm
      Some of his statements and moves have been covered here on TechDirt (copyright trolls are what brought me here), and you can always find the spot where he stops answering things... they happen shortly after I post in those threads.
      I guess I unnerve him being able to quote his threat letters, having a good knowledge of the methods being used in the shakedown, and calling him out directly on BS statements.
      
      While he has done some good in free speech cases, his troll tendencies make me unhappy.
      [ link to this | view in chronology ]
      - Anonymous Coward, 13 Jan 2012 @ 6:51am
        
        Re: Re: Re: Re: Hmmm
        I believe that initially the Righthaven cases were handled by another lawyer within the Randazza group (at least listed as such), while the threat of tying your IP to the downloading of gay porn came signed by Marc himself. Just another puppy saving serial killer.
        
        But I have been wronger before.
        [ link to this | view in chronology ]
        
        sophisticatedjanedoe (profile), 13 Jan 2012 @ 10:30am
        
        Re: Re: Re: Re: Re: Hmmm
        Being heavily involved in copyright trolling cases, I double TAC's words: Randazza is a monster, not much different from John Steele of Ira Siegel.
        
        Indeed, it was not him initially, but Malcom DeVoy, who went after Righthaven. EFF's Subpoena defense page, which lists lawyers defending against all breeds of copyright trolls (including the one Randazza belongs to) modestly adds "(Righthaven cases only)" next to DeVoy's name. It's shame that EFF became too politically correct and does not wipe any mention of Randazza from their resource pages.
        
        Ironically, this lawyer who "has done some good in free speech cases", blocks me from following him on Twitter. Apparently free speech ends where dirty money start speaking.
        [ link to this | view in chronology ]
  - DOlz (profile), 13 Jan 2012 @ 5:26am
    
    Re: Re: Hmmm
    WARNING QUOTE MINING AHEAD
    
    "this is mostly just troll on troll action"
    
    My god, just what dark corners of the internet are you visiting?
    [ link to this | view in chronology ]
    - Anonymous Coward, 13 Jan 2012 @ 7:04am
      
      Re: Re: Re: Hmmm
      MY dark corners of the Trollernet.
      [ link to this | view in chronology ]
    - That Anonymous Coward (profile), 13 Jan 2012 @ 8:01am
      
      Re: Re: Re: Hmmm
      Rule 34.
      'Nuff Said.
      [ link to this | view in chronology ]
  - DannyB (profile), 13 Jan 2012 @ 7:27am
    
    Re: Re: Hmmm
    > [Randazza's] demands are about as nutty as RightHaven's,
    > so this is mostly just troll on troll action.
    
    Too bad its not a steel cage match.
    [ link to this | view in chronology ]
    - That Anonymous Coward (profile), 13 Jan 2012 @ 8:01am
      
      Re: Re: Re: Hmmm
      Steel drum of acid gets my vote.
      [ link to this | view in chronology ]
- Anonymous, 14 Jan 2012 @ 11:32am
  
  Re: Hmmm
  Randazza is a Copyright Troll himself. In fact he is the worst kind, threatening to file lawsuits that would out closeted gay men or imply straight men are homosexual if they don't pay hush money. Never forget that when reading about his dissection of Righthaven, no matter how cool it is.
  
  http://www.techdirt.com/articles/20111103/19074316628/court-says-that-outing-closeted-gays-throu gh-mass-infringement-lawsuits-not-big-deal.shtml
  [ link to this | view in chronology ]
DogBreath, 13 Jan 2012 @ 12:16am

A sad tale to be sure
This one is all for you, Righthaven.
[ link to this | view in chronology ]
Anonymous Coward, 13 Jan 2012 @ 1:28am

MPAA attacks Ars for "challenging efforts to curb content theft"
OT ahead

http://arstechnica.com/tech-policy/news/2012/01/mpaa-attacks-ars-for-challenging-efforts-to -curb-content-theft.ars
[ link to this | view in chronology ]
Anonymous Coward, 13 Jan 2012 @ 5:02am

They showed up in court? Really? Wow!
[ link to this | view in chronology ]
abc gum, 13 Jan 2012 @ 5:04am

"in a rather ironic move, the company is now complaining about the tactics used against it"

Apparently they thought they were in high court. It must have been quite the shock to find out otherwise.
[ link to this | view in chronology ]
Violated (profile), 13 Jan 2012 @ 5:06am

Domains
Well if certain claimed infringers have turned over their domains to RightHaven then should not these domains now be auction off so that the owners have an opportunity to buy them back? I would go as far to say that they should be given the first chance to pony up some reasonable buy-back charge.

At minimum the receiver who auctioned off the righthaven.com domain should not ignore that RightHaven could have other domain names hiding away.
[ link to this | view in chronology ]
- Anonymous Coward, 13 Jan 2012 @ 5:54am
  
  Re: Domains
  "reasonable buy-back charge" i'd say about $0.001 should be about right
  [ link to this | view in chronology ]
Anonymous Coward, 13 Jan 2012 @ 5:31am

Separately, an appeals court rejected Righthaven's attempt to get an injunction to stop Righthaven assets from being auctioned off...

That would be a stay, not an injunction.
[ link to this | view in chronology ]
kenichi tanaka, 13 Jan 2012 @ 6:00am

The RIAA and the MPAA must be complete idiots to get involved with this company because any money that they infuse Righthaven with could very well be used to pay the debts that Righthaven owes Randazza as well as any other defendant, company or organization to which they owe money to.

Righthaven is simply toxic and the RIAA attempts to want to acquire this company may prove to be a very bad move for them.
[ link to this | view in chronology ]
- Anonymous Coward, 13 Jan 2012 @ 7:28am
  
  Re:
  Yea but history of RIAA shows us they are in the business of making horrible decisions... So buying Righthaven feels like a safe move for them.
  [ link to this | view in chronology ]
Pixelation, 13 Jan 2012 @ 8:04am

Dear Righthaven
Do not go gentle from this good fight
Old age should burn Righthaven at the end of the case
Rage, rage against the dying of your right

Tho wise lawyers at their end know a copyright
Because their case forked no lightning they
Do not go gentle from this good fight
[ link to this | view in chronology ]
Ben Acel (profile), 13 Jan 2012 @ 8:43am

A new documentary beinjg released exposes Righthaven backers
and to Top it off one of the Righthaven defendants has started a documentary that talks briefly about Righthaven and their fascist gag order settlement agreement taking away Brian's freedom of speech. It even explains how Righthaven LLC is a proxy company for the big media networks.

It's 50 minutes into the documentary and the settlement part is talked about right towards the end of the 2 hour film titled, America: From the Road of Freedom to the Streets of Fascism.

http://www.youtube.com/watch?v=eNY2S0fgrfs

I heard from USWGO that westword will put out a entry soon about this documentary but it's hard to know when exactly they will write an article about this.

Righthaven is now being put in a documentary and pretty soon maybe Marc Randazza will start a short series talking about Righthaven like on the history channel titled 'The History of Righthaven'. Lol!
[ link to this | view in chronology ]
wvhillbilly (profile), 13 Jan 2012 @ 1:02pm

Righthaven gets bit back
Serves 'em right. God's law of sowing and reaping has never been repealed. You reap what you sow. Sow the wind, reap the whirlwind.
[ link to this | view in chronology ]