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Judges Declare Internet Written Contents “FAIR USE;” Newspaper's Copyright Infringements Attack Dog Righthaven Going Bankrupt, after Series of "Free Speech" Court defeats:

By Marc Chamot on | From marcchamot.blogspot.com

Judges Declare Internet Written Contents “FAIR USE;” Newspaper's Copyright Infringements Attack Dog Righthaven Going Bankrupt, after Series of "Free Speech" Court defeats:

By Marc Chamot

Huge victory for Internet bloggers and websites who use published written materials. Newspaper publisher's Internet police and attack dog is going bankrupt.

“The company’s litigation campaigns stalled this summer after three suits were thrown out on fair use grounds and five judges in Nevada and Colorado ruled Righthaven lacked standing to sue, because it didn’t control the newspaper copyrights it claimed to own.

Righthaven said the no-warning suits against Hoehn and the other defendants were needed to deter rampant infringement of news content, but Hoehn’s attorneys said the suit against him was aimed at chilling Hoehn’s free speech rights.”

I learned back in college and high school, when you publish a book report, or an essay, and when using other written sources, it’s imperative that you provide quotes and also provide credit to the sources of information that you are using. Otherwise, it’s stealing and plagiarism: copying written works by others and claiming it as your own.

So if it’s okay to do this in the publishing world, and so why NOT on the internet? Well, newspapers around the country have seen their profits drop because of the Internet, so they wanted to copyright their written works on the Net, including photos being posted and then sue anybody who’s out there using them on their websites.

Righthaven came along, and they thought they could profit from this idea, by suing bloggers and websites who used their client copyrighted works. But to no avail Righhaven was handed down to defeat that is bankrupting them.

Judges across three states have prevailed on the side of ‘Free Speech” and declared that on the Internet, any published work is considered “freedom of speech” and for FAIR USE.

So my Arkansas buddy Jason Hall sent me this piece of GOOD news and I wasn’t aware of it until now.

Back around February 12th, I got together with my good buddy Bobo, of the Bobo Files, I then wrote about a new company called Righthaven, which was set up to SUE bloggers and websites, mainly those who use copyrighted materials from client newspapers.

They went after one of Bobo’s web buddy, U.S.W.G.O.;

Back in Bloggers Beware of RightHaven LLC; Federal Courts Used to Shut down Blogs, Discussion Boards & Social Networks, Websites; They Purchase Published Media Contents, Mainly Photos & Troll Internet for Blogs/Websites to Sue & Shut Them Down:

I had posted this little tidbit; this is coming directly from my buddy the Bobo Files; “has anyone else out there ever heard of RightHaven, LLC? Well, if it’s news to you as well – that is very understandable. Check out that link – they’ve only been in business since early 2010. Their primary purpose is to acquire copyrights from newspaper organizations around the country and then actively seek out bloggers to sue them over alleged copyright infringement.

If you look over to the far right there and down a little to see my blog badges – you’ll see a blog from our buddy Brian Hill – U.S.W.G.O. – It is when I followed that link to his blog that I first learned of RightHaven, LLC. Apparently, they sued Brian over a TSA pat down picture – this one. I didn’t see the actual blog post.

Brian had this picture up on his blog – On February 7, 2011 – that’s right – this very past Monday – Brian was served with a court summons. If he doesn’t respond within 21 days he loses by default. If you read the initial link regarding RightHaven, LLC you will see their tactic is to demand a minimum of $75,000 payment and to have the blogger turn over their domain.

Well, after all these months, it looks like Bloggers and websites have won the right to “Free Speech” by using “fair uses” of posted written and photo materials on the Web, regardless from whom is the publisher.

Recently, Marshals ordered to seize Righthaven assets “Las Vegas copyright infringement lawsuit filer Righthaven LLC’s financial problems grew Tuesday when the federal court in Las Vegas commanded the U.S. Marshals Service to seize more than $63,000 in Righthaven assets to satisfy a creditor’s judgment and costs.

Lance Wilson, clerk of the court, signed a writ of execution requested by attorneys for Wayne Hoehn, who was sued for copyright infringement by Righthaven, but then defeated Righthaven in court when his case was dismissed this summer.

Righthaven since March 2010 has filed 275 lawsuits against websites, bloggers and message board posters claiming they infringed on material from the Las Vegas Review-Journal and the Denver Post by posting their content online without authorization.

Hoehn, a Kentucky message board poster, had posted a Review-Journal column on a sports betting website.

After U.S. District Judge Philip Pro in Las Vegas dismissed Righthaven’s suit against Hoehn this summer on both fair use and standing grounds, he also ordered Righthaven to pay his $34,045.50 in legal fees to Randazza Legal Group of Las Vegas.

Righthaven has refused to pay and has said it faces bankruptcy if a creditor like Hoehn tries to seize its assets.

The company has said its low on cash because the problems with its litigation campaign have reduced lawsuit settlement revenue. But even as the company has refused to pay Hoehn, it has continued paying attorneys to litigate other cases in Nevada, Colorado and South Carolina.

It’s appealing to the 9th U.S. Circuit Court of Appeals both the dismissal of its suit against Hoehn as well as the award for his attorney’s fees — one of several attorney’s fee awards Righthaven has been hit with or is likely to be hit with.

The writ of execution signed Tuesday covers not only the original $34,045 in fees, but nearly $30,000 more in fees racked up by Randazza Legal Group in trying to get Righthaven to pay the first $34,045.

The entire writ, which includes a small amount of interest, is for $63,720.80.

A message for comment was placed with Righthaven on the writ.

Based on its past practice, Righthaven is likely to fight execution of the writ with another court appeal — though it hasn’t taken the bankruptcy option off the table.

The writ was issued after Randazza Legal Group attorneys asked the court to issue it Saturday, one day after Righthaven missed a deadline to either pay the original $34,045 or post a bond guaranteeing payment while it appealed the fee award.

"Righthaven has exhausted any benefit of the doubt that it could be afforded, and it is time for it to pay the consequences for its actions — starting with Hoehn’s lawful judgment plus the accrued costs and fees expended in the (so far) futile attempts to compel Righthaven to take this court’s orders seriously,’’ Randazza attorneys wrote in Saturday’s request.”