News & Media
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
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
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
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
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,
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
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
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.
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 cancelled. The official story, which Liam insists is true today, is that he was hungover. Offhand, I am unsure if the U.K. recognizes the standard for defamation of a public figure (actual malice – knowing the falsity of a statement
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), I think it’s more a symbol of the kind of power feminine beauty has in Italy – and not much has changed in 60 years. In Germany guys don’t make gestures, in America construction worker comments have killed the romantic potential but
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…
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 Justice John Roberts “Most [law professors] are incapable of working as my copy boy / copy girl, let alone as real attorneys. What would they do if all of a sudden, the fourth tier was shut down (as it should
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 of donors. This was done overseas because, at least in California, nobody would perform such an IVF using both donated eggs and sperm without a pre-existing surrogacy contract. [I learned just enough family law to pass the bar. Bear with
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 rankings for as long as I can recall – claim that the schools “knowingly inflated employment and salary statistics to recruit and retain students.” (source.) Moreover, the article is unclear which of Cooley’s four campuses were sued, but presumably all of
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…
A Message About Texas Governor's "Religious Revival"
[youtube=http://www.youtube.com/watch?feature=player_embedded&v=6rsVcdLltPQ]
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.