News & Media
I.P. Links Loot and Righthaven Roundup
So apparently we are sick of China stealing our intellectual property. (source) Human rights abuses, meh, not our problem. You think you know from Intellectual Property? Bah. Beth Hutchens pwns you. (source) This guy could learn a bit from Hutchens. He thinks that he has a new business model of registering a common phrase and then demanding money from people who use it. (source) Patent system out of control? Evidence needed? Patent on making a snowman. Booyah. (source) And if you missed the recent round of Righthaven Follies: Copyright Troll’s Assets Targeted for Seizure, Wired. Defense attorneys say Righthaven missed deadline to pay legal fees, Vegas Inc. Lawyer wants US Marshals to seize copyright troll’s bank account, Ars Technica. Righthaven
Email to an asshat about a free speech issue
I’m on a few list servs. I won’t say which one this originated on. But, lets just jump to what I said: 11 muslim students stood up to heckle the Israeli ambassador. Orange county prosecutor charged them with disrupting an event. While they may not have a right to disrupt the speech without being dragged out of the place, a criminal conviction for political speech is bullshit. And if it had been 11 Yeshiva students disrupting a speech by a Palestinian, they’d get the medal of freedom. I agree with all the nice things that have been said about Chemerinsky here, but his balls shriveled up into raisins over this event. (It took place at UC Irvine). The response: It
Shame in Irvine
Muslim students hating on Israel. No big story there. Eleven Muslim students decided to, one by one, stand up and interrupt the Israeli ambassador as he gave a speech at UC Irvine. The police escorted them out of the room for being disruptive. No big deal. Then, Orange County District Attorney Tony Rackauckas filed criminal misdemeanor charges against them for “disturbing a public meeting” and “conspiracy to disrupt a public meeting.” “In our democratic society, we cannot tolerate a deliberate, organized, repetitive and collective effort to significantly disrupt a speaker, whom hundreds assembled to hear,” Rackauckas said in a statement. (source) The students face a year in jail. Think about that. A year in jail for interrupting a speaker? Really?
By the time I get to Arizona….
Tucson Mayor, Bob Walkup, decided that when citizens petition the Tucson Mayor, they must do so “with respect,” or they should be silenced. Who decides what is “respectful?” Mayor Walkup, of course. Tucson resident Roy Warden apparently crossed that line. (source) Now he plans to sue the City for violating his First Amendment rights. The Tucson City Attorney reportedly told the Mayor that the policy was permissible under the First Amendment. Tucson City Councilman Steve Kozachik doesn’t seem convinced. “I have asked Mike Rankin the city attorney to justify to us the language that we have– that it is not overly broad– and the court won’t come in and say, ‘You know what, a reasonable could not interrupt that,’” said
Judge Kane to Rule by Next Week in Righthaven Case
Law Week Colorado covers the Colorado copyright case Righthaven LLC v. Wolf, where Righthaven sued Florida blogger Leland Wolf for copyright infringement. At the heart of the lawsuit is Righthaven’s right to sue over alleged infringement occurring on websites owned by defendants in its many lawsuits. Randazza Legal Group represented Wolf in the litigation, and attorney J. Malcolm DeVoy argued for dismissal of Righthaven’s case in a September 20, 2011 hearing: Wolf’s attorneys, including J. Malcolm DeVoy of Las Vegas’ Randazza Legal Group…argued that the Copyright Alliance Agreement only gave Righthaven exclusive rights to sue, not exclusive ownership — something that if true would mean Righthaven lacks standing to sue. Wolf is seeking attorneys’ fees from Righthaven for allegedly filing
The Difference Between a Bad Domain Lawyer and a Good One
DomainGang.com reports on Marc Randazza’s participation as Plaintiff’s counsel in a reverse domain name hijacking case over the domain name <airfx.com>. The article discusses the importance of having counsel experienced in domain issues and litigation. From the original post: Compare the two documents and make your own judgement. You can also see that if your domain gets hijacked, the quality of representation varies as much as the quality of anything else. (emphasis in original.) In addition to reverse domain name hijacking, the article analyzes the importance of mutual jurisdiction clauses in UDRP Complaints.
Lawyer wants U.S. Marshals to Seize Copyright Troll's Bank Account
Ars Technica describes Randazza Legal Group’s efforts to recover Wayne Hoehn’s judgment of $34,045.50 from Righthaven LLC, the Las Vegas copyright enforcer. Righthaven sought a stay from enforcing Hoehn’s judgment, which it did not receive by the date the Court ordered it due. Hoehn’s attorneys, Marc Randazza and J. Malcolm DeVoy, moved to put Righthaven in contempt of court, and for a writ of execution to seize Righthaven’s assets, in response to the missed deadline. Ars reports on what Randazza Legal Group sought from the court in its motion for a writ of execution: “The Court is entitled to authorize the U.S. Marshals to execute Hoehn’s judgment through seizure of Righthaven’s bank accounts, real and personal property, and intangible intellectual
Copyright Troll's Assets Targeted for Seizure
Wired.com reports on Wayne Hoehn’s effort to fulfill his judgment of $34,045.50 against Las Vegas copyright enforcer Righthaven LLC, which originally sued Hoehn for copyright infringement. Represented by Randazza legal Group, Hoehn moved the U.S. District Court for the District of Nevada to issue a writ of execution securing Righthaven’s assets to be seized by U.S. Marshals in satisfaction of his judgment. Wired quotes Randazza in explaining the reason for Hoehn’s motion: [T]he company has made “no effort whatsoever” to pay up. Wayne Hoehn was a defendant in one of Righthaven’s 275 lawsuits, which was dismissed when the District of Nevada found his use of a full Las Vegas Review-Journal article was a non-infringing fair use of the article. Read
Righthaven Fails to Pay Attorneys Fees Ordered by the Court, Court Asked to Declare Righthaven in Contempt
Techdirt covers Randazza Legal Group’s recent motions in Righthaven LLC v. Hoehn, where Righthaven moved the court to stay Wayne Hoehn’s enforcement of his $34,045.50 judgment against Righthaven. The Court had not ruled on the stay on the day it ordered Righthaven to pay Hoehn, causing Randazza Legal Group attorneys Marc Randazza and J. Malcolm DeVoy to move the Court for an order to show cause as to why Righthaven was not in contempt, and for a writ of execution seeking control of Righthaven’s assets. Read more…
Attorneys Say Righthaven Presenting Judge a "False Choice"
Vegas Inc. reports on Righthaven’s recent motion to stay a $34,045.50 attorney’s fee judgment obtained for Wayne Hoehn by Randazza Legal Group. Marc Randazza and J. Malcolm DeVoy opposed Righthaven’s stay, writing: “The road ahead of it requires it to convince the 9th Circuit that this honorable court erred on standing, erred on fair use and abused its discretion in awarding fees,” their brief said. “With odds like that, whomever is making decisions at Righthaven should steer far clear of any sports books in Las Vegas.” The article further described the briefing’s arguments that Righthaven had failed on fair use grounds, and that additional fees for Hoehn’s appeal should be included in the bond Randazza sought to be posted with
Copyright Troll Righthaven Says It’s Nearing Bankruptcy
THE LAS VEGAS copyright-trolling firm Righthaven told a Nevada federal judge Friday it might file for bankruptcy protection, or cease operations altogether. To prevent that, Righthaven is asking U.S. District Judge Philip Pro to stay his decision requiring Righthaven pay $34,000 in legal fees to an online commenter it wrongly sued for infringement … Read more …
Hey Lacoste: I hear Hollister is inexpensive
By J. DeVoy I previously wrote about protecting your brand and crapping all over a competitor’s by giving a rival’s products to infamous celebrities and public figures, thus lowering its social cachet. Ignoring this sage advice, Lacoste has asked police in Norway to keep mass murderer Anders Brievik from wearing its clothes. Lacoste’s desire to end this potential association is understandable. But since Hollister’s clothes advertise themselves by spelling out the logo in large, chunky letters (a classic low-class tell from Paul Fussell’s Class) it would be remarkably easy for Lacoste to spend a few hundred dollars on clothes from that provider and its ilk in order to irreparably damage them, rather than draw attention to its fierce protection of
Vegas Inc. Reports on Randazza Legal Group maneuvers in Colorado Righthaven Cases
Vegas, Inc. writes about recent developments in the Colorado Righthaven cases, including a motion for preliminary injunction filed by Randazza Legal Group. [A]ttorneys for Randazza Legal Group in Las Vegas asked Kane for a preliminary injunction barring Righthaven from disgorging assets until they receive their legal fees for representing another Righthaven/Denver Post defendant. The attorneys represent Leland Wolf and the It Makes Sense Blog – the case in which Kane is expected to decide if Righthaven had standing to sue in 33 open cases in Colorado. While Kane hasn’t ruled yet, Wolf’s attorneys are confident of a victory and are also confident Kane will order Righthaven to pay their fees. “Righthaven’s tactics and activities to date – dilatory, bad faith
Ivy Envy
By J. DeVoy Discussing educational pedigree is something rarely done publicly – like asking a stranger his or her weight and income – but, similar to those taboos, in immutable trait that permeates social interactions and hierarchy. By sheer numbers alone, most people went to mediocre or bad schools, as there are so few good ones. Yet most people, self included, are content with their lives despite such inauspicious roots. Simultaneously, I refuse to believe I’m the only person who lies awake at night thinking that things would have been qualitatively different – better, even – for attending, say, Brown or Dartmouth (to say nothing of Harvard, Yale or Princeton, which can launch one’s career into a different stratosphere of
With .xxx imminent, people finally notice it
By J. DeVoy At Likelihood of Confusion, guest blogger Matthew David Brozik provides an overview of the .xxx roll-out, which is happening in phases beginning now. For those unfamiliar with the domain name, there are two types of initial availability: Sunrise A, where existing adult companies can get .xxx domains to correspond with their .com domains, and Sunrise B, where non-adult companies can permanently de-reigster their hypothetical .xxx domain names (e.g., ToysRUs.xxx), and ensure they will never exist. After that, there will be a “landrush” period for adult companies to get new .xxx domains to develop new brands and services, and then a perpetual period of general availability so that adult companies can get new domain names on a first-come,
Copyright Troll Righthaven Goes on Life Support
Wired, September 7, 2011 Discussing the many setbacks and problems faced by Righthaven, including awards of attorney’s fees, court-imposed sanctions, and serial losses based on Righthaven’s lack of standing to bring its 275 lawsuits based on Stephens Media LLC and Media News Group Inc. copyrights. The article quotes managing partner, Marc J. Randazza on the Righthaven model. Read more…
TSA Agent Threatens Woman With Defamation, Demands $500k For Calling Intrusive Search 'Rape'
Amy Alkon is an advice columnist and blogger who is just one of many people who has had a horrifying and traumatizing experience going through airport security lately. After being pulled aside for an “enhanced” search, she found the process to be so invasive and so in violation of her own rights that she was left sobbing. She wrote about the experience on her blog, noting that she didn’t think the search was just “invasive” in the emotional sense, but flat out physically invasive… Read more …
Circumventing the first purchase doctrine with international manufacturing
By J. DeVoy The Second Circuit dealt a body blow to the first purchase doctrine (aka first sale doctrine) in Wiley v. Kirtsaeng, a case about resold textbooks manufactured and obtained overseas – though subject to U.S. copyright registrations – and resold stateside. The Second Circuit held that such transactions are not covered by the first purchase doctrine – codified in 17 U.S.C. § 109(a), and allowing the resale of copyrighted works by their first purchaser without royalty payments to the owner – in part because because it would render 17 U.S.C. § 602(a)(1) (barring importation of copyrighted works obtained outside the U.S. without owner’s permission) a dead letter. (Op. at 15-16.) The majority’s opinion can be summarized with this
Miami Heat Minority Owner Raanan Katz Sues An Anonymous Blogger
Miami New Times The Miami New Times reports on a case in which Randazza Legal Group is defending an anonymous blogger against a SLAPP suit. Alongside Kain & Associates, the firm is defending a blogger who wrote blog posts about lawsuits involving a public figure, Raanan Katz. In Sunny Isles Beach, Raanan Katz has a street and an official day named in his honor. His company, with its omnipresent “RK” basketball logo, seems to claim every other strip mall in North Miami-Dade. He’s also minority owner of theMiami Heat. Yet Katz apparently believes he’s not a “public figure” and thus can sue online critics at will. (source.) Katz brought suit in state court in Florida. However, the case has been
Our thoughts are with the victims of the recent natural disaster
As someone who survived the San Diego Tsunami, my heart goes out to those brave souls who endured today’s earthquake. Update: I am pleased that others find this an occasion for patriotism as well.
