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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 …

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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

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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

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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

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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

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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…

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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

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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

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Gallagher v. Gallagher

In a derivative soft-rock battle of epic proportions, Liam Gallagher has sued his brother, Noel Gallagher – both of the band Oasis – for libel. (Source.)  Liam’s basis for suing Noel relates to statements Noel made to the press in 2009, when Oasis was forced to cancel its appearance at the V Festival.  Noel told journalists that the performance was

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Do you know who Ruth Orkin is?

By Tatiana von Tauber Recognize this photo? Ruth Orkin photographed it in the early 50’s after meeting another young woman, Ninalee Craig (the model) in Italy while traveling solo.  Together they attempted to capture the experience of traveling alone in Italy.  Some have claimed this photo is a symbol of harassment.  While Craig claims it’s a symbol of having a “wonderful time”  (source),

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Righthaven Defendant Wins Second Attorney's Fee Award

Vegas Inc., August 15, 2011 Discussing District of Nevada order directing Righthaven to pay defendant Wayne Hoehn’s attorney’s fees of $34,045 in Righthaven LLC v. Hoehn.  Hoehn’s award was the second any defendant obtained against Righthaven, the first being $3,815 obtained by Michael Leon. Read more…

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Has Chief Justice John Roberts been reading this blog?

By J. DeVoy “Pick up a copy of any law review that you see, and the first article is likely to be, you know, the influence of Immanuel Kant on evidentiary approaches in 18th Century Bulgaria, or something, which I’m sure was of great interest to the academic that wrote it, but isn’t of much help to the bar.” –Chief

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Righthaven — with BABIES!

By J. DeVoy No cute pictures of infants here — just a bizarre story from San Diego Attorney Theresa Erickson pled guilty to conspiracy to commit fraud for her role in what federal prosecutors described as a “baby-selling ring.” (source.)  Technologically, the scheme was pretty simple: Women would travel to the Ukraine to get pregnant with the eggs and sperm

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Cooley, New York Law School hit with lawsuits from former students

By J. DeVoy Two lawsuits were filed today in New York and Michigan against New York Law School (not to be confused with New York University School of Law) and Thomas M. Cooley Law School, respectively.  The plaintiffs, former students of the two schools – which have been in at least the bottom half of U.S. News & World Report’s

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Are You Guilty If Pirates Use Your Internet? Lawyer Says YES

Torrent Freak, August 6, 2011 Marc Randazza discusses the legal bases for a negligence tort arising from pirates using a third party’s unsecured wireless internet network.  As in other situations where a careless owner may be liable for third parties’ harmful acts, wireless internet connections may be a source of liability for owners if they are not secured. Read more…

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Negligence and Open Wifi in Torrent Cases Debate

In the wake of this recent legal development, Torrent Freak has published an open debate over the issue of negligence claims in copyright infringement cases involving open wifi networks. I provided the pro side of the debate here. Nick Ranallo provides the con side of the debate here.

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Fair Use is Awesome

A number of weeks ago, the RLG scored a major fair use victory in Righthaven v. Hoehn. In that case, we argued that even using an entire editorial could be fair use as long as the fair user made a transformative use of the original. The Court agreed. The issue of whether an entire work can be taken as fair

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