Jul 14, 2011

Updated - Wisconsin Man on Bleeding Edge Against Notorious Internet Troll, Righthaven

Righthaven LLC [Image - Michael Leon]
Update: Trailblazing attorney, Todd Kincannon of The Kincannon Firm announced he is accepting past and present Righthaven defendants as new clients for class action ( mass action) litigation against Righthaven, its media clients, and others involved in the Righthaven operation.

If you have been sued by Righthaven, even if you have already settled your case, you are invited to call or email. Cases will be taken on contingency, meaning if there is no recovery, clients will not have to pay for The Kincannon Firm’s services.

If you are interested, call The Kincannon Firm at 877-99-COURT or email http://www.blogger.com/Todd@TheKincannonFirm.com.

In the intersection of Copyright, First Amendment and Fair Use law, Righhaven LLC, Shawn Mangano and his associates, stand out as what legal experts refer to as: Trash. Attorneys await sanctions hearing today.

Update: Righthaven LLC fined $5,000 for misleading the court about its lawsuits. Attorneys for Righthaven were not personally punished by Judge Hunt. [Steve Green] Righthaven likely does not realize this, but once you have been sanctioned for misrepresentations, Rule 11 violations and state bar sanctions often follow, especially for this now-infamous lawsuit mill. Every motion can now can refer to this ruling by Judge Hunt.

After Righthaven saw its case dismissed against me by the Honorable Judge Gloria M. Navarro on April 20, Righthaven's attorney, Shawn Mangano, phoned me from Nevada and unleashed a stream of invectives at about 4:20 P.M. Central time [I log and document with several media such items when dealing with Righthaven; in this case I recorded the some 10-minute conversation-monologue].

With the help of my brilliant First Amendment and Copyright attorney, J. Malcolm Deyoy [J.D. - University of Wisconsin Law School, cum laude], we have found ourselves on the leading edge of helping to destroy a billionaire-backed Internet Troll operation.

As Steve Green notes, "Righthaven is the company that since March 2010 has filed 274 lawsuits claiming material from the Las Vegas Review-Journal and the Denver Post has been misappropriated by website operators, bloggers and message board posters."

I became the first prevailing defendant after the revealing of the Strategic Alliance Agreement (SAA) scheme, won by Laurence Pulgram, "an attorney associated with the Electronic Frontier Foundation with the San Francisco law firm Fenwick and West LLP," representing the excellent political site, the Democratic Underground, another prevailing defendant. [Green]

The SAA [since amended twice] reveals Righthaven has no standing to pursue federal copyright complaints, and further that they have misrepresented their subject matter jurisdiction declaration in some 275 cases.

I became the first defendant awarded fees by Righthaven, ordered to be paid by July 25. See Judge to Righthaven: Pay Randazza by July 25.

Of course, Attorney Deyoy has not acted alone.

A motley group of lawyers, writers, tea partiers, veterans, and activists working for free speech and justice have counterattacked this troll, as chronicled by a brilliant writer, one Steve Green of the Las Vegas Sun and Vegas Inc and Righthaven Victims.

A timeline
After a series of fair use and subject matter jurisdiction losses for which federal Chief Justice Roger Hunt has admonished Righthaven for being "deceitful," Righthavan and certainly some of its attorneys are on the ropes. Yet, they keep filing copyright complaints, to the astonishment of Intellectual Property lawyer with whom I have spoken to in the Midwest.

Veteran Wayne Hoehn Beats Toll
 One seriously does not know if Righthaven and Shawn Mangano are delusional or foolish, but the array of legal talent amassed against them would appear to be daunting to any rational human being.

Consider David Kerr of  Santangelo Law Offices, PC, Deyon and Randazza of the  Randazza Legal Group, the Electronic Frontier Foundation (EFF) and the law firm of Wilson, Sonsini, Goodrich & Rosati, Kurt Opsahl, Chad Bowers, and Laurence Pulgram and Fenwick and West LLP, among other committed First Amendment and copyright law attorneys, and writer such as Steve Green and Righthaven Victims.

I change my mind, Righthaven is delusional.

At press time, Righthaven attorney Shawn Mangano is facing a sanctions hearing in the courtroom of chief United States District Court Judge in Nevada, Roger Hunt who reportedly hates being lied to in open court and court representations.

"Like a leech—or perhaps a tick—the copyright lawyers at Righthaven latch on tight and don't let go, even as their cases have begun to crumble around them. Instead, they're doubling down on their lawsuit strategy against individual bloggers who repost an article or two," writes Nate Anderson.

Stay tuned.

See more at Righthaven LLC.

1 comment:

  1. Yea Mangano is a real professional. Brian Hill said he was treated very unprofessionally by Righthaven attorneys as well.

    Thanks for all your hard work. It is a long fight but we are winning.