U.S. Marshals ordered to seize Net troll's assets in win for veteran

Wayne Hoehn, Recon Company,
E 2 /12, 12th Cavalry Regiment;
Vietnam War

Highly decorated Vietnam veteran WINS VICTORY for THE INTERNET‏ and FIRST AMENDMENT - Wayne Hoehn, has just won his sought-after order from a federal court in Las Vegas commanding the U.S. Marshals Service to seize more than $63,000 in Righthaven LLC's assets to satisfy a Hoehn's judgment and costs.

What happens when deceitful fraudsters like Righthaven LLC and attorney Shawn Mangano go up against veterans, advocates, the Tea Party, the Democratic Underground and some very serious legal talent?

They lose big.

By Michael Leon

Randazza Legal Group, Hoehn’s attorneys [and this writer’s] has represented [and still is] numerous victims of Righthaven which has sued 100s of veterans and advocactes, lying in complaints in federal court that Righthaven holds copyrights.

From Steve Green:

Las Vegas copyright infringement lawsuit filer Righthaven LLC’s financial problems grew Tuesday when the federal court in Las Vegas commanded the U.S. Marshals Service to seize more than $63,000 in Righthaven assets to satisfy a creditor’s judgment and costs.

Lance Wilson, clerk of the court, signed a writ of execution requested by attorneys for Wayne Hoehn, who was sued for copyright infringement by Righthaven — but then defeated Righthaven in court when his case was dismissed this summer.

Righthaven since March 2010 has filed 275 lawsuits against websites, bloggers and message board posters claiming they infringed on material from the Las Vegas Review-Journal and the Denver Post by posting their content online without authorization.

The company’s litigation campaign stalled this summer after three suits were thrown out on fair use grounds and five judges in Nevada and Colorado ruled Righthaven lacked standing to sue because it didn’t control the newspaper copyrights it claimed to own. ...

The writ was issued after Randazza Legal Group attorneys asked the court to issue it Saturday, one day after Righthaven missed a deadline to either pay the original $34,045 or post a bond guaranteeing payment while it appealed the fee award.

"Righthaven has exhausted any benefit of the doubt that it could be afforded, and it is time for it to pay the consequences for its actions — starting with Hoehn’s lawful judgment plus the accrued costs and fees expended in the (so far) futile attempts to compel Righthaven to take this court’s orders seriously,’’ Randazza attorneys wrote in Saturday’s request

Legal Fight Against Net Troll Moves to Its Parasite Lawyer, Shawn Mangano

Image - Leon

Update: Deadline Passes on Paying Decorated Vietnam War Vet, Wayne Hoehn: Defendant Again Asks Judge to Allow Seizure of Righthaven's Assets

Wayne Hoehn was awarded $34,045 in attorneys’ fees and cost against a deceitful, fraudulent Internet troll, Righthaven LLC, that threatens to throw the sleazy outfit into bankruptcy.

After a series of Righthaven shenanigans dodging this Vietnam veteran’s judgement and those of other prevailing defendants, Hoehn's attorneys have had enough and have filed an extraordinary sanctions motion against Righthaven's attorney, Shawn Mangano.

By Michael Leon

Randazza Legal Group, Hoehn's attorneys and this writer's [who prevailed over Righthaven], also represent other victimized clients in their intellectual property and First Amendment law practice and have won case after case against Righthaven.

Righthaven seems to have a thing for ripping off veterans; just ask Denise Nichols. See also veterans come together to fight Righthaven.

Another ongoing case involves Righthaven victim, NewsBlaze LLC. Chief U.S. District Court for Nevada Judge Robert C. Jones, "said he planned to dismiss the NewsBlaze case based on Righthaven’s lack of standing." (Green. Vegas Inc)

Righthaven's MO is that it pretends to hold copyrights, claims federal copyright violations, serves defendants federal lawsuits and tries to scare defendants into a settlement.

Despite losing case after case, Righthaven's attorney, Shawn Mangano, is still proposing arguments so intellectually dishonest that he personally has garnered this sanctions motion.

Righthaven’s shake-down operation has already earned it sanctions by a federal judge ruling that Righthaven has not acquired copyrights, and its contentions are “flagrantly false,” “disingenuous,” if not “deceitful.” [U.S. District Judge Roger Hunt]

Righthaven has filed some 275 federal copyright lawsuits claiming text from the Las Vegas Review-Journal and [formerly] the Denver Post has been used without regard to copyright law by the Internet users including bloggers and message board posters.

Righthaven's con game is now blown, so its objective now is to irritate and annoy prevailing defendants, while driving up their legal costs unreasonably and vexatiously [with the purpose to annoy] by making arguments already rejected in endless proceedings, and then declaring bankruptcy.

I have experienced the downfall of Righthaven on a personal level as a prevailing defendant [it's my fervent hope that Righthaven feels sorry it ever met me] and I can tell you that a score of socially minded attorneys who defended veterans, Tea Party members, the Democratic Underground and many others across the nation deserve the thanks of all Americans who believe in liberty.

Writes Steve Green:

... Randazza attorneys wrote in their sanctions motion Tuesday that, 'Righthaven’s scheme has been rejected nationwide.'

'Yet, only days away from Halloween, the defendants in this action continue to bear the costs of litigation establishing Righthaven’s lack of standing,' their filing said.

'Righthaven and its counsel have a duty to dismiss this case, and not to waste the court’s time or the defendant’s time and resources in making the exact same arguments, which have been rejected again, and again, and again and again,' the Randazza filing said.

Randazza attorney J. Malcolm DeVoy IV complained that in the Hoehn case and in another suit against Michael Leon, in which Righthaven was ordered to pay $3,815 in fees, Righthaven 'has evinced a reticence to pay.'

He charged that while Righthaven has appealed several adverse rulings, it has yet to file an opening brief in its first appeal that was due Sept. 19.

'This appeal appears to be another stall tactic for Righthaven to deny the defendant in that case, and the First Amendment principles its fair use victory embraces, any finality,' DeVoy’s brief said.

Argues DeVoy in his brief:

Righthaven abused the Copyright Act by using it as a pretense for extortive litigation, suing defendants for damages up to $150,000 without having the right to bring the case, and without so much as considering the defendants’ fair use rights.2 Righthaven’scampaign has been an abject failure; even its own client publicly referred to it as a “dumb idea.”3 If a party or lawyer is expected to read the metaphorical “writing on the wall,” that party and that lawyer should be expected to take note when the wall collapses and falls upon them, leaving nothing more than a dusty pile of litigation rubble. In this case, Righthaven not only seems to insist that the wall has not fallen, but does so while still hurling the dislodged stones at this defendant. It must stop.
2. 2 See Righthaven v. Nat’l Org. for Reform of Marijuana Laws, Case No. 2:10-cv- 00351 (Doc. #30) (D. Nev. June 4,2010) (accepting offer of judgment for $2,815 in satisfaction of infringement claim); Righthaven v. Rawlings et al.,Case No. 2:10-cv-01527 (Doc. # 25) (D. Nev. June 28, 2011) (settling Righthaven’s infringement claim for $1,000, at a rate of $100 per month).
3. John Paton, New Chief Executive Of Media News Group Says Joining Righthaven Was "A Dumb Idea", The Huffington Post (Sept. 10, 2011)

Another champion covering Righthaven's fraud saga is Righthaven Victims:

Writes Fairuser:

Defendants' Newsblaze LLC and Alan Gray filed a motion in federal court Tuesday asking the court to impose sanctions on Shawn Mangano, counsel for Righthaven LLC for "unreasonably and vexatiously multiplying the proceedings" in their case. The defendants say they bring the motion reluctantly, but believe Righthaven's litigation campaign in their case has gone "beyond zealous advocacy" and has become "vexatious, unnecessarily multiplicative, and purposely wasteful." Defendants ask the court to impose sanctions of $11,925.50 -- the amount of defendants' attorneys' fees since July 2011. [Quoting DeVoy]:

Though sought with great reservation, the facts of this case and Mangano’s conduct across numerous cases in this district cry out for the imposition of sanctions under 28 U.S.C. § 1927. Months after Righthaven’s lack of standing was determined by the Democratic Underground court and confirmed by at least six other decisions in this District, Righthaven’s counsel still requires defendants to litigate the same precluded issues, either seeking to create inconsistent precedent or punish assertive defendants who do not wish to settle. Whether this strategy was Mangano’s or Righthaven’s (to which Mangano acceded), it is ultimately Righthaven’s Counsel who decides what arguments are presented to the Court – and must bear the consequences of those actions.

See: Defendants' Motion for Sanctions Against Counsel

Partial list of attorneys fighting against Righthaven LLC

• David Kerr
• J. Malcolm DeVoy IV of the Randazza Legal Group)
• Marc J. Randazza, counsel of record and lead attorneyRandazza Legal Group
• Todd Kincannon of The Kincannon Firm
• Electronic Frontier Foundation
• Fenwick and West LLP,
• Las Vegas attorney, Chad Bowers
• Mike Kimbrell of Nevada
• John Arsenault of Colorado
• Laurence Pulgram
• Kurt Opsahl
• Clyde DeWitt
• Jason Schultz

UW-Madison Grad and Veteran Win First Amendment Victory over Net Troll, Righthaven

Righthaven LLC [Image: Leon]

By Michael Leon

Congratulations are in order for Vietnam War veteran, Wayne Hoehn (Recon Company, E 2/12, 12th Cavalry Regiment (1969-70)), who won another major First Amendment victory over Internet troll, Righthaven LLC today.

It was announced today in the United States District Court, District of Nevada that Hoehn was awarded $34,045 in attorneys' fees and costs in a judicial order that looks to spell the doom of Righthaven LLC, a fraudulent outfit operating out of Las Vegas that pretends to own copyrights and then sues 100s of defendants, typically for $150,000.

Wayne Hoehn

Righthaven tried that scheme on Hoehn and today culminated in his final vindication against Righthaven and its attorneys, known variously as trolls and pond scum.

Congratulations are also in order for attorney and U.W. Madison Law School graduate, J. Malcolm DeVoy IV (Randazza Legal Group), and Marc J. Randazza [counsel of record and lead attorney] (Randazza Legal Group) in Righthaven LLC v. Wayne Hoehn (Case No. 2:11-cv-00050); both of whom we have noted here are made of the same cloth as Hoehn, and whose work on behalf of the First Amendment is a victory for all Americans.

Hoehn chose to hold true to his commitment to uphold and defend the Constitution seeking out DeVoy, but Righthaven refused to pay his attorneys’ costs, as ordered to by a federal judge in Nevada.

Not anymore.

Hoehn of Kentucky and other defendants (including this writer, also with the representation of DeVoy) have Righthaven LLC on the run, though Righthaven is backed by a billionaire and they believe they are beyond the reach of the order of federal judges.

Journalist Steve Green notes:

Righthaven [has] received plenty of national news coverage about the lawsuits by the likes of The New York Times, The Wall Street Journal, Los Angeles Times, Fortune, Bloomberg News, Associated Press and Wired. This national media coverage wasn’t flattering for the Review-Journal, the Post or our city’s legal community, with Righthaven and its newspaper partners often portrayed as digital ambulance chasers using lawsuit settlement shakedowns and the court system to make a quick buck. That’s because of the no-warning nature of the lawsuits, court rulings finding some of the lawsuits were without merit, judges’ comments critical of Righthaven, a series of foul-ups in executing the suits and because the lawsuit spree was unprecedented for the newspaper industry. Ever.

Righthaven is a LLC that has filed some 275 federal copyright lawsuits claiming text from the Las Vegas Review-Journal and the Denver Post has been used without regard to copyright law by the Internet users including bloggers and message board posters.

Righthaven is half-owned by another LLC controlled by Las Vegas attorney and Righthaven CEO Steven Gibson, and half owned by a third LLC owned by the family of Little Rock, Arkansas investment banking billionaire Warren Stephens.

United States District Judge Phillip Pro ordered that Righthaven LLC has until September 14 to pay up.

I Vanquished a Notorious Internet Troll, Righthaven LLC

The Billionaire-backed ‘copyright enforcer’ became a cautionary tale not for claimed Internet-copy infringers like bloggers, but rather for law-suit mills and deceitful trolls like Righthaven LLC filing some 275 federal copyright complaints, typically for $75,000-$150,000 since March 2010



Righthaven LLC [Image - Michael Leon]

 By Michael Leon

Madison, Wisconsin—On March 6, 2011 my girlfriend and I were watching True Blood and some idiot pounded on the door so loudly my girlfriend jumped off the coach.

"Mike, don't get that. You don't who that is," she said.

"I'm going to find out," I said.

I opened the door fast onto our porch, and demanded "Who the f__k are you" to which a wormy-looking man sheepishly stepped away, replying he was "just doing his job," laying Civil Action No 2:20-CV-01672, federal copyright complaint filed in the United States District Court for the District of Nevada, at my feet and quickly leaving.

Turns out I was a victim of Righthaven LLC, as certified in the complaint by one Steven A. Gibson, CEO and founder of Righthaven and Shawn Mangano, attorney of record in the service papers.

Righthaven is a LLC that has filed some 275 federal copyright lawsuits claiming text from the Las Vegas Review-Journal and the Denver Post has been used without regard to copyright law by the Internet users including bloggers and message board posters.

Righthaven is half owned by another LLC controlled by Las Vegas attorney and Righthaven CEO Steven Gibson, and half owned by a third LLC owned by the family of Little Rock, Arkansas investment banking billionaire Warren Stephens.

My complaint alleges a copyright violation for a piece on veterans in Veterans Today in 2010 that also appeared in a paper over which Righthaven claimed it "is the owner of the copyright" several times in the complaint—a claim of ownership replicated in the some 274 other complaints and which last week was proven false, ruled to be "deceitful," and is the cause of the stern, vocal beating by Chief Justice Roger Hunt (District of Nevada) July 15, who fined Righthaven $5,000 for repeatedly misleading the Court on this representation of copyright ownership.

Steve Green of the Las Vegas Sun, reports, "[Judge] Hunt ordered ... that a transcript of today’s hearing, in which he made several negative comments about Righthaven’s conduct, be posted on Righthaven court dockets" in the District of Nevada.

Moreover, ominously, Green reports: Judge Hunt said, "In the court’s view, the arrangement between Righthaven and Stephens Media is nothing more, nor less, than a law firm — which incidentally I don’t think is licensed to practice law in this state — with a contingent fee agreement masquerading as a company."

The win

It didn't take long for me to file an answer, along with several motions, the pedestrian nature of which likely taxed the patience of United States District Court Judge Gloria Maria Navarro.

On April 14, attorneys for the Democratic Underground, a future prevailing defendant, won a motion to unseal the Strategic Alliance Agreement between Righthaven and Stephens Media that, in sum, proved Righthaven had no standing to sue due to its lack ownership of the copyright, and that Steven A. Gibson misrepresented and concealed this relationship in the some 200 federal court cases.

I had been negotiating on the phone with Righthaven’s counsel that week wondering vaguely if this attorney, Shawn Mangano, were as duplicitous and delusional as I had been informed by an intellectual property attorney whose practice is in the Midwest.

I told Mangano over the phone and in e-mails what I thought of his lawsuit mill.

So, on April 18, I secured the pro bono services of Marc Randazza and J. Malcolm DeVoy of the Randazza Legal Group.

Mangano became so upset that I was accusing him and Righthaven of lying and engaging in abuse of process that he threatened me with a defamation suit in an e-mail and publically in our April 20 hearing before U.S. District Judge Gloria Navarro.

"I’m not going to tolerate and allow someone to tarnish my professional reputation" – or make libelous claims about Righthaven and [Righthaven attorney Steve Ganim],” Mangano said.

"Mr. Mangano's reference to libel indicates a lurid conception of the term," [I] said in response after the hearing, writes Steve Green at Vegas Inc.

On April 20, I appeared by telephone from Madison with my co-defendant, a 20-year veteran nurse who reached the court from a D.C. VA medical center, Denise Nichols, who was served with a $150,000 complaint failing to mention her once.

I won. My case was dismissed, with an opportunity to seek attorneys' fees and costs. Long story short, my attorneys won as well, and Righthaven has to pay up legal fees owed by July 25th.

The case against Nichols was discharged by Righthaven which filed and ran.

An amended complaint (filed 11/24/2010) against another of my co-defendants, an organization complaint says is of "unknown orgin," Medbillz, was certified by Gibson to be rightfully litigated in the U.S. District Court of the Southern District of California as an "appropriate venue;" my venue was claimed to belong in Nevada.

Two other I/P attorneys laughed when I told them of this ruse by Righthaven and Gibson claiming two different venues simultaneously.

After the case was dismissed, 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 such items when dealing with Righthaven].

Made for an amusing conversation; but I sincerely was concerned about Mangano suffering a stroke in the Nevada heat though he phoned from some outfit entitled "Investors Realt [cut off]" on caller ID. Made some other significant, shall I say, documentation of the phone call

This month I became the first defendant to be awarded attorneys’ fees from Righthaven to J. Malcolm Devoy of the Randazza Legal Group, a First Amendment firm located in Las Vegas.

Fair Use law

The wins for the defendants piling up through the efforts of committed, public-mined attorneys like David Kerr of Santangelo Law Offices, PC, Devoy and Randazza of the Randazza Legal Group, the Electronic Frontier Foundation (EFF) and the law firm of Wilson, Sonsini, Goodrich and Rosati, Kurt Opsahl, Chad Bowers, and Laurence Pulgram and Fenwick and West LLP, and Todd Kincannon are only part of the real story here.

The fair use policy rationale behind Copyright law may be the big winner in Righthaven's 18-month reign of legal terror.

A first year law student will report, in essence, that copyright law ought to promote the dissemination of the arts and science and protect the exclusive right of authors and inventors to benefit from their works by virtue of their authorship.

Reading of Righthaven's campaign of finding alleged infringements for the sole purpose of filing suit and terrorizing defendants into settlements clarifies there is a social purpose in copyright law in fairly using another work, if not for commercial gain or resulting in market harm, but rather advancing discussion, comment and analysis.

Righthaven sees copyrights as a business model to be used in an innovative and dishonestly conceived law suit mill.

They were very wrong to try.

As U.S. District Judge John Kane ruled on motion from Righthaven on April 11, (later staying all 58 Righthaven lawsuits filed in Colorado), “[T]he purpose of the courts is to provide a forum for the orderly, just, and timely resolution of controversies and disputes. Plaintiff’s wishes to the contrary, the courts are not merely tools for encouraging and exacting settlements from Defendants cowed by the potential costs of litigation and liability.”

My attorney Devoy writes in a motion on behalf of prevailing defendant, Vietnam War veteran, Wayne Hahn [LLC v. Wayne Hoehn; Case No. 2:11-cv-00050. Memorandum of Law and Points of Authorities, filed July 7, 2011]:

[L]ike hundreds of other Righthaven victims, Hoehn contemplated his options upon being sued. Should he cave in and write Righthaven a check, or should he risk his savings to stand up for what he knew was right?

Hoehn recalled his [military] oath, and considered the fact that so many others had been sued, and made payments, for what clearly was fair use. Hoehn knew that he could not live up to his oath if he gave up without a fight. Hoehn stood up for fair use – for free speech – and he prevailed.

And so have I, and I’ll being joining the class-action suit by South Carolina attorney, Todd Kincannon, against Righthaven LLC for its abuse of process, fraud and lies, and lodging a complaint with the Nevada Bar against Righthaven's unscrupulous attorneys.
#
- Michael Leon is a writer living in Madison, Wisconsin. His writing has appeared nationally in The Progressive, The Advocate, In These Times and CounterPunch; and locally in the Isthmus and the Capital Times. Leon works as a writer, editor, veterans' advocate, and public relations consultant. He can be reached at: malleon@live.com

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

• Case dismissed - April 20
• Leon's Attys' fees [$3,815.00] awarded - July 5
• Leon's Attys file motion for preliminary injunction barring Righthaven from disgorging $3,815 of liquid assets until it pays Randazza Legal Group’s fees - July 12
• Righthaven files motion for 30-day stay of award - July 12

Righthaven Business Model

• Court orders Righthaven to Pay Up Legal Fees Owed by July 25th - July 13

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.

Righthaven Takes Drubbing at Hands of Vietnam War Vet, Wayne Hoehn‏



Righthaven LLC [Image - Michael Leon]



Win for Randazza Legal Group
- Federal Judge Rejects New, May 9 'Clarification' of Strategic Alliance Agreement -

By Michael Leon

Highly decorated Vietnam War-era veteran, Wayne Hoehn, believes in duty.

Wayne Hoehn

When Internet Troll and inveterate liars, Righthaven LLC [aka Wronghaven], hit Hoehn with a federal lawsuit alleging copyright violations, Hoehn fought back, and then contributed to the defence of fellow veteran and fellow Righthaven victim, Denise Nichols, who also prevailed in her case with Wronghaven.

United States District Court Judge for the District of Nevada, Justice Philip M. Pro, granted Wayne Hoehn's motion to dismiss for lack of standing today, additionally finding that Righthaven's May 9 clarification of its revealed Strategic Alliance Agreement "does not provide Righthaven with any exclusive rights necessary to bring suit.

Justice Pro found that the necessary elements of copyright ownership are not met by the "May 9, 2011 clarification [that] provides Righthaven with only an illusory right to exploit or profit from the [copyrighted] Work."

Pro also granted Hoehn's motion for summary judgement on fair use grounds, finding that Hoehn's reproduction is non-commercial and not harmful to Righthaven, which in any event has no standing.

The ruling represents a legal drubbing for Righthaven LLC and follows a repudiation of Righthaven in the Democratic Underground case by U.S. District Judge Roger Hunt.

Other veterans targeted by Righthaven, including Denise Nichols, Larry Scott, and the POW Network, are now or may seek costs of past settlements and attorneys' fees as Righthaven has been operating its lawsuit mill under the claim that it owned sufficient rights in its copyright suits, a position Justice Hunt said is, "flagrantly false—to the point that the claim is disingenuous if not outright deceitful."

See: Order to Dismiss: Righthaven v. Wayne Hoehn.

Counterpunching Righthaven, aka Wronghaven the Net Troll

Update: As a prevailing defendant and wanna-be archenemy of Righthaven I recommend: Trailblazing attorney, Todd Kincannon of The Kincannon Firm which has announced it 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.

Righthaven, Say Hello to my little friend—Justice

By MAL

Righthaven LLC Business Organization

The reference above echos Sherman Frederick [aka Shermy], a columnist for Stephens Media who in an infamous warning, writes "I promise you, you will meet my little friend called Righthaven [LLC]." (Las Vegas Review-Journal, September 1, 2010)

Frederick and his shady outfit should apologise to Oliver Stone and Al Pacino after they have been revealed to be running a fraudulent enterprise that has earned the enmity of an increasing number of federal judges, but a scheme lacking Tony Montana's pathological charm.

Not sexy, headline-grabbing news, but a small group of writers and public interest-minded intellectual property attorneys have taken on a billionaire-funded organization of fraudsters, Righthaven LLC, and are winning a victory for the First Amendment.

And this week, the First Amendment's prospects just shot up.

Righthaven is a notorious straight-to-court outfit filing myriad lawsuits as a business model that drives intellectual property attorneys across the country crazy because of Righthaven's disreputable tactics that are little more than an extortion and organized fraud racket.

Below is a report with some first-person background.




Righthaven LLC [Image - Michael Leon]

  U.S. District Judge Roger Hunt

On June 14, U.S. District Judge Roger Hunt ruled in favor of the

• Electronic Frontier Foundation (EFF)
• Fenwick and West LLP,
• and Las Vegas attorney, Chad Bowers,

who are representing the superlative political site, the Democratic Underground.

Righthaven has targeted Mom and Pop operations, progressive sites, veterans [vehemently and appallingly], Ron Paul, the Tea Party and really anyone from whom this particular bunch of vampires thinks they can extort money.

Justice Hunt's opinion has the vampires enduring the legal equivalent of a  supernova in what top journalist, Steve Green, covering Righthaven's enterprise, called a "a potentially devastating ruling ..." issued July 14.

Writes Judge Hunt, Righthaven's claim that it owned sufficient rights in its copyright is "flagrantly false—to the point that the claim is disingenuous if not outright deceitful."

Righthaven lied, and its entire business model of suing for copyright infringement is based on a lie.

Ken Bingham for the 1st Amendment

Writes conservative blogger, Ken Bingham:

"This is a great victory for all of us who have opposed Righthaven and all copyright and patent trolling in general. The media conglomerate companies Stephens Media and Media News Group now have a lot of explaining for this gross breach of the public trust. We expect news organizations to be trustworthy and not prostitute their integrity by associating with groups like Righthaven. If they want to sue people for copyright infringement they should have the guts to put their own reputations and finances on the line by doing it themselves rather than try and transfer it by setting up shady front companies like Righthaven."

Justice Hunt's ruling makes clear Righthaven's standard claim in its 100s of complaints [typically seeking $150,000, attorneys' fees, computers, among other outrageous demands] that "Righthaven is the owner of the copyright in and to the Work," [Righthaven v. Leon, Nichols et al] is based upon a self-conscious misrepresentation.

One of Righthaven's attorneys, Shawn Mangano, wrote to me personally: "Righthaven's Approach to Dispute Resolution: ... It is well established that to allege a claim for copyright infringement, only two facts need to be alleged: (1) ownership of a copyrighted work ... ."

Right, Mangano. Are you still claiming Righthaven's ownership of copyrighted work in federal court ... still?

The problem for Righthaven and its attorneys like Mangano—the remaining ones who have, excluding Steven Ganin, fled Righthaven—is they lied to federal court justices, something attorneys or anyone should not do ... ever.

U.S. District Judge John L. Kane

Justice Hunt's ruling follows the ruling of Senior U.S. District Judge John L. Kane of the U.S. District Court for the District of Colorado.

Justice Kane ruled in early April in a Righthaven case against 20-year-old North Carolina autistic blogger Brian D. Hill [in a case successfully argued by attorney David Kerr of whom Mangano told me by phone on April 20 that I should never mention the name of David Kerr to Mangano] that the "purpose of the courts is to provide a forum for the orderly, just, and timely resolution of controversies and disputes. Plaintiff’s [Righthaven] wishes to the contrary, the courts are not merely tools for encouraging and exacting settlements from defendants cowed by the potential costs of litigation and liability." [See Green's coverage.]

Judge Kane also "halted all Colorado suits [in May] by the company pending a review of Righthaven's legal standing," points out Evan Koblentz, a reporter for Law Technology News.

Righthaven LLC v. Michael Leon and Medbillz, Case No. 10-cv-01672 (September 27, 2010) [Dismissed]

On March 6, on a Sunday evening while watching True Blood with my girlfriend, I received a ridiculous summons demanding $150,000 among other outrages from the Righthaven vampires, claiming I was infringing on a copyright to which Righthaven had exclusive ownership.

My co-defendants were a 20-year Air Force veteran nurse, Denise Nichols, and some organization called Medbillz that I never even heard of, and which Righthaven describes as a "corporation of unknown orgin." Maybe they're a secret werewolf society.

On April 15, Chief U.S. District Judge for Nevada Roger Hunt had "unsealed the agreement [a Strategic Alliance Agreement] for prosecuting copyright infringement lawsuits between Righthaven LLC and Las Vegas Review-Journal owner Stephens Media LLC" over the objections of Righthaven and Stephens Media, reports Steve Green.

This blew up Righthaven's business model and put the lie to its repeated claim that it has exclusive ownership to the copyrights that it has alleged to have been infringed.

"As many defendants in Righthaven actions have argued, Righthaven does not truly own the copyrights it sues over,'' Marc John Randazza, one of the attorneys for the Media Bloggers Association, said in a blog post.

"By rejecting Righthaven's and Stephens Media's efforts to keep the [Strategic Alliance Agreement] document secret, Chief Judge Hunt has allowed the various victims of Righthaven's campaign of intimidation to know the truth. The document in question, a Strategic Alliance Agreement, gave Righthaven the right to sue on Stephens' Media's copyrights, but no other rights in the copyrights, which we believe will defeat Righthaven's standing to sue any of those it has targeted," said Laurence Pulgram, an attorney associated with the Electronic Frontier Foundation with the San Francisco law firm Fenwick and West LLP, reports Green.

The following Monday, on April 18, I received an order from federal Judge Gloria M. Navarro to appear in Court on April 20 at which the Judge promptly dismissed my case, and ultimately that of my co-defendant, Denise Nichols who is seeking attorneys' fees from Righthaven.

Denise Nichols

Denise Nichols, 20-Year Air Force Veteran

In an answer by Nichols responding to the absurd original complaint filed by Righthaven, she responds:

"The complaint, which has been served upon her, does not list her as a party. Nor does it contain any reference to her. No claim is stated against her," said the filing by Las Vegas attorney Michael Kimbrell. "In the case at hand, the complaint contains no reference by name or title or occupation that can reasonably be deduced to ensnare defendant or provide even a theoretical guess as to how defendant is supposed to respond."

Mangano later in an April 20 "Status Report" said he made a mistake in serving the complaint upon Nichols.

That's Mangano and Steven Ganim for you.

Nichols, in seeking attorneys' fees now, argues in part:

Displaying the same stubborn posture Righthaven LLC has shown this Court and the same reckless disregard for facts, Righthaven again distorts the record in this matter.

 Righthaven served Denise Nichols with a complaint that fails to mention Nichols

Righthaven’s cookie cutter lawsuits made misrepresentations in this case against multiple co-defendants, arguing two separate Venues for alleged infringements that are simply not credible. In one complaint against co-defendant Medbillz, Righthaven names the United States District Court for the Southern District of California as venue. In another complaint served on [Michael] Leon, Righthaven says the proper venue is the United States District Court, District of Nevada.

Righthaven failed to serve defendant Leon within 120 days

In Court on April 20, Shawn Mangano who has threatened me with a slander and defamation suit repeated his threat in open court, repeating the essence of his previous charge in an e-mail [perhaps one of many false and misleading statements meant to induce me to pay Righthaven money] that I "disseminated that Mr. Ganim is apparently not a member of the State Bar of Nevada. In doing so, [Leon] has attempted to cast the impression that Mr. Ganim is holding himself out [as] an attorney when he is not licenced to do so." [Note: It was revealed and widely noted that Ganim was not licenced to practice in Nevada at Righthaven Victims on April 18.] In any event, Mangano's take is ludicrous.

Steve Green who was at the hearing in April 20 Las Vegas asked me about this and I laughed. Writes Green:

'I’m not going to tolerate and allow someone to tarnish my professional reputation' – or make libelous claims about Righthaven and Ganim,' Mangano said.

'Mr. Mangano's reference to libel indicates a lurid conception of the term,' Leon said in response after the hearing.

Well, attorney Mangano, I have to break this to you: Your professional reputation is tarnished beyond hope. Not only will you tolerate this description, you will like it.

If you feel a defamation and libel suit is warranted, bring it on. To borrow from Tony Montana: I'll bury you cockroachs.

As for you, Attorney Ganim, let me advise you: Run and don't walk to the U.S. Attorney's office and tell them you want full immunity as a cooperating witness against Righthaven LLC and Mangano. I don't think you realize how serious being part of a conspiracy to repeatably lie in federal court is.

The Nevada State Bar is reviewing multiple grievances against Righthaven, and monitoring the actions of federal judges against Righthaven, Steve Green writes today.

Righthaven observer Eric Johnson, an associate professor of law at the University of North Dakota who tracks copyright issues, said Hunt’s ruling details multiple potential violations of the Nevada Rules of Professional Conduct.

‘This is a remarkable order,’ Johnson said. ‘It could mean serious personal repercussions for those most intimately involved in Righthaven.’

Johnson noted Hunt’s extraordinary ‘outright deceitful’ comment in his ruling.

‘This is strong language for a federal court. It's the kind of stuff that, if you are on the wrong side of it, would likely cause all the blood to rush to your stomach. Courts deliver defeats to parties all the time, but they rarely use language like this,’ Johnson said. ‘With this kind of pronouncement, and others elsewhere in the order, I would not be surprised if the State Bar of Nevada brought up the attorneys that founded Righthaven on professional ethics charges. In fact, this could ultimately end in disbarment for one or more lawyers.’

‘Based on (Hunt’s order), Righthaven definitely appears headed for sanctions. But I suspect that's the tip of the iceberg for Righthaven's woes from here on out,’ Johnson said.

Righthaven Forced on Defense by First Amendment Firm

"As an organization that has been characterized as a lawsuit mill that profits off of quick settlements, Righthaven's opposition [to paying opposing counsel] is unsurprising, as the payment of attorney's fees throws a sizable wrench into the workings of the Righthaven lawsuit machine. Nevertheless, Righthaven's calculations about the Firm's willingness to seek fees were wrong, and now Righthaven must pay. ... As aggrieved as Righthaven may feel at the prospect of paying fees to the firm that potentially is its most prolific opposing counsel, Righthaven's subjective notions of fairness (the irony of which the hundreds of defendants affected by Righthaven's lawsuits, usually without warning, would be quick to point out) do not negate well-settled precedent within this Circuit entitling the Firm to fees."
- J. Malcolm DeVoy [May 21, 2011 response], attorney for Randazza Legal Group, seeking fees from Righthaven LLC, per Judge Gloria M. Navarro's April 20 ruling and dismissal of Righthaven v. Medbillz, Leon, Nichols [Case No.: 2:10-cv-01672] in which defendants prevailed.

- United States District Court, District of Nevada

Righthaven's Atty, Shawn Mangano, Is Desperate

Notorious Internet troll, Righthaven's Shawn Mangano, is turning into one Scaredy Cat.

After Righthaven saw its case dismissed 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 such items when dealing with Righthaven].

Made for an amusing conversation; though I sincerely was concerned about Mangano suffering a stroke in the Nevada heat though he phoned from some outfit entitled "Investors Realt [cut off]" on caller ID. Made some other significant, shall I say, documentation of the phone call.

Now, Righthaven Victims reports at least three legal groups are donating their work pro bono in an apparent bid to rid the profession of these vampires.

In an e-mail to my attorney at the time, J. Malcolm Deyoy of the Randazza Legal Group, Mangano complained about a number of statements made by his-then client, me, embarrassing Mangano repeatedly.

One complaint concerns Righthaven's attorney, Steven Ganim. Ganim is not licensed to practice law in Nevada.

Writing this fact, first reported by Righthaven Victims, [see also Righthaven Turnover Rate Resembles Fast Food Chain Operation, April 18, 2011] made Mangano very angry and threatening.

Writes Mangano to my attorney in a letter dated April 19, "Your client has also disseminated that Mr. Ganim is apparently not a member of the State Bar of Nevada. In doing so, your client has attempted to cast the impression that Mr. Ganim is holding himself out an attorney when he is not licensed to do so. Once again your client is wrong."

Mangano threatened to sue me for libel for telling the truth. Absurd as usual.

Righthaven Victims has a new, related update: "Another Attorney Defending a Righthaven Victim on a Pro Bono basis Seeks Attorney Fees" (May 13).

‘Casting an impression' as libel, a novel interpretation of libel law applied to stating an undisputed fact. So here:

Attorney Mangano of Wronghaven LLC,

Here's what I want from you. I want you to call Ganim and borrow Bar materials on the elements of "libel" and study very hard. You can help Ganim pass the Nevada Bar and kill two birds at once.

Then I want you to study Federal Rules of Civil Procedure, Rule 11, (b) Representations to the Court and likewise study very hard.

The same for Summary Judgement.

No apologies necessary. Just bone up on the law.

Do not waste the Court's time. Bad form, fella.

Oh, and quit screwing over decorated veterans like Wayne Hoehn. I like that guy.

Whiteknight Law Firms Fight for Free Speech

Update: Righthaven and Stephens Media Amend Strategic Alliance Agreement in tacit admission of its inadequacy. Santangelo Law Offices, PC conintues to kick Righthaven's ass. And Righthaven Victims is leading the way on the Net.

Steve Green at the Vegas Sun has the latest on Rigthaven, the Internet troll, and the collection of lawyers, writers and activists working for free speech and justice.

The Democratic Underground is represented by some of the top copyright attorneys in the West associated with the Electronic Frontier Foundation, [Wilson Sonsini Goodrich & Rosati] which has been pounding away at Righthaven’s litigation campaign and convinced another judge to unseal Righthaven’s lawsuit contract with Review-Journal owner Stephens Media LLC. ...

The Media Bloggers Association is represented by copyright experts with Randazza Legal Group in the West as well as New York copyright attorney Ron Coleman.

Veterans Come Together to Oppose Righthaven

By Denise Nichols

On April 20, I listened from the D.C. Veterans hospital complex by phone to a legal hearing in front of the Honorable Judge Gloria M. Navarro, United States District Court for the District of Nevada.

The hearing pertained to my case, Righthaven v. Michael Leon, Denise Nichols and others.

Judge Navarro made it clear in the hearing almost immediately that this hearing would dismiss the cases against my co-defendant, Mike Leon--a proud veterans’ advocate--and me.

The only question, the Judge said, was whether she would dismiss the cases with or, without prejudice.

So, now with Judge Navarro’s decision, and because of the efforts of my friends, my fellow veterans and my attorneys (Mike Kimbrell and John Arsenaul) Righthaven will be gone from my life, though some personal health matters just diagnosed in D.C. may persist.

Wayne Hoehn

My purpose in part in writing this is to say ‘ thank you’ to all, and single out another defendant, another veteran who is a victim of Righthaven, Wayne Hoehn, who out of a sense of duty that Righthaven will never comprehend contacted from out of the blue and supported me in my defense.

Wayne Hoehn: A Vietnam veteran with a Silver Star, Bronze Star Medals (2) bronze oak leaf clusters with V for valor devices, Purple Heart Medal, Air Medal with numeral 2, Army Medal with numeral 2, National Defense Service Medal,Vietnam Service Medal with 2 Bronze Service Stars, Combat Service Medal, Vietnam Campaign Service Ribbon with Device 1960 and the Republic of Vietnam Gallantry Cross with Palm Unit

In Wayne’s case, Righthaven LLC v. Hoehn, Righthaven attacks another veteran, a highly decorated Vietnam veteran.

What is it about veterans—Larry Scott, POW Network, Veterans Today, Wayne Hoehn and who knows who else that Righthaven hates so much?

I have served 20 years as a nurse, active duty and reserve, and I know that surviving is about staying together.

Maybe that's it.

Staying together

Righthaven lawsuits against veterans, retirees and disabled persons that are particularly unable to fight this situation inflicted upon them, aims for people who are isolated and unable to fight back.

Is there someway to protect veterans, active duty, national guard, reserves, retirees, their family members or the disabled from being suing by Righthaven? There should be. 

The big guns right now that will silence this despicable anti-veteran, anti-people lawsuit mill are focusing on subject matter jurisdiction and legal positions that may be read as purporting fraud on the part of Righthaven and its attorneys. Randazza Legal Group, the Electronic Frontier Foundation (EFF), Fenwick and West, David Kerr and several others are doing a tremendous public service.

Righthaven may find out in the coming months that veterans may be the one class of people that right at this time possess a particular ability to come together.

Below are veterans [that's me on the left] getting together to discuss Gulf War syndrome in the Women at war trailer.