Righthaven Case Against MAL Dismissed

Thanks to the work of an array of brilliant attorneys and friends, [hat tip to J. Malcolm DeVoy of Randazza Legal Group], Righthaven's case against me was dismissed (without prejudice) this morning by the Honorable Judge Gloria M. Navarro, United States District Court for the District of Nevada.

See Righthaven LLC v. Michael Leon, et al; Civil Action No 2:10-CV-01672-GMM-LRN.

The status of litigation against my co-defendant, Denise Nichols, a Vietnam-era, Gulf War veteran, and a retired U.S. Air Force flight nurse—who spends her time when not fighting off ailments sustained in the '91 Gulf War—helping other veterans is not yet clear.

Nichols' attorney, a respected former JAG attorney, is fighting the good fight.

Nichols listened to this morning's proceedings by phone from a D.C. veterans' hospital.

The strain of the case by Righthaven LLC on Nichols is heavy, and to be candid, I'm worried about her. She's too proud to say it; but her health is suffering badly.

Denise Nichols deserves better.

Being a defendant in a federal lawsuit is no picnic. But I'm lucky. I have encountered so many dedicated, brilliant and humanistic people since being served with a summons on March 6, that I truly feel rejuvenated.

Righthaven LLC hinted they may bring a libel or defamation suit against me for God knows what reason. I think they didn't like my references to and citing from the Democratic Underground's case against Righthaven, and my standing with Nichols.

In any event, this site is committed to the defense of Denise Nichols, whose perseverance, support and grace through this ordeal has left me both inspired and humbled.

To Denise: You have a lot of more friends than you may know. We will stay in touch, and I am proud to stand with you.

Anyone wishing to support Nichols with legal advice or financial assistance can reach me at: malleon@live.com. I will make sure that Denise and her team gets what is sent.

Kurt Opsahl: Righthaven lacks exclusive copyright ownership of Stephens Media news articles

Wronghaven

Read supporting documents at the Electronic Frontier Foundation, including Righthaven's secret Strategic Alliance Agreement that Righthaven fought to keep from public view. Righthaven LLC is threatening to sue MAL for defending veteran Maj Denise Nichols (ret) and attacking Righthaven's inclination to ... sue.

Commentary by Kurt Opsahl in the Electronic Frontier Foundation:

For several weeks EFF and co-counsel Fenwick & West have been trying to persuade a federal district court to unseal a critical document Stephens Media produced in Righthaven v. Democratic Underground. The document, the Strategic Alliance Agreement between Righthaven and Stephens Media (publisher of the Las Vegas Review-Journal), and our accompanying supplemental brief were unsealed on [last] Friday.

As the court explained, “Righthaven and Stephens Media have attempted to create a cottage industry of filing copyright claims, making large claims for damages and then settling claims for pennies on the dollar, with defendants who do not want to incur the costs of defending the lawsuits.” While Righthaven’s business is suing bloggers for copyright infringement, it is not a publisher. It does not produce the works that are the basis for its numerous lawsuits. Instead, it trolls the Internet, looking for news articles published by Stephens Media (Las Vegas Review-Journal) or Media News Group ( Denver Post) and, when it finds them, gets the publisher to “assign” the copyright so it can file a lawsuit. At least, that was the public story.

Getting this assignment right was essential because copyright law does not permit a person to sue for infringement unless that person’s own copyrights (e.g., the rights to reproduce and distribute a work) are actually being infringed. In other words, you have to have some real skin in the game. Thus, in each lawsuit, Righthaven alleged ownership of the copyright rights. ...

As the Court correctly noted, “consider[ing] the multitude of cases filed by Righthaven, on the claimed basis that Righthaven owns the copyrights to certain Stephens Media copy, it appears to the Court that there is certainly an interest and even a right in all the other defendants sued by Plaintiff to have access to this material.” Now that the Agreement is public, Stephens Media and Righthaven have a lot of explaining to do. Per the Court’s order, the companies might start by explaining why the Strategic Alliance Agreement does not torpedo their case against Democratic Underground (their justification is due by May 8). We look forward to responding.