23 votes

2010: Daily Paul / Michael Nystrom Sued by Righthaven LLC in Massive Blogger Copyright Shakedown

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UPDATE: Please note the date - September 1, 2010. This happened over 2-1/2 years ago. I don't know how this ended up getting bumped this morning. The suit was ultimately dismissed. See my additional comments here. Thanks everyone for your support.

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! Reddit !

The first I heard that I was being sued came in an email from Las Vegas Sun reporter Steve Green. Green and the Las Vegas Sun have been doing a tremendous job covering the saga of Righthaven LLC, a firm that has filed 107 suits against bloggers and website owners since March of this year, including one yesterday against yours truly.

Righthaven's standard shakedown seems to go as follows: The firm goes trolling the web, looking for content that from the Las Vegas Review-Journal that has been reposted on other blogs or websites. Once it finds a match, it acquires the copyright from the Review-Journal, then - without first contacting the accused blogger / website owner - files a lawsuit in Nevada Federal court. The standard damages seem to be for $75,000 and forfeiture of the domain name to Righthaven. I assume that is what I am being sued for as well, though I have yet to see it.

Most of the content on the Daily Paul is user-generated, and my understanding has always been that I am protected by the DMCA against liability for user uploaded content. Under the law, standard procedure is for the copyright holder to contact the website owner and ask that the offending content be removed. This is a request that I have complied with numerous times for other parties. In this particular case, I was never contacted by Righthaven, nor the Las Vegas Review Journal, nor, as far as I can tell, were any of the other 107 defendants.

You can see Steve Green's reportage of the suit against me at the end of this article.

The sidebar of that article contains an excellent archive of the Green's meticulous documentation of each of the 107 suits filed so far, as well as the relevance of these suits in his September 1 article, Why we are writing about the R-J copyright lawsuits

Many of the smaller bloggers have settled their cases for a few thousand dollars, leading lawyers to term this operation as a 'shakedown.' Some are unable to settle for that sum, as their websites don't make any money at all.

Of great interest to our community is that Alex Jones is also being sued by Righthaven. See here, here, and here. Alex is quoted as saying,

“This claim is totally without merit and appears to be purely predatory and I’m weighing all options with counsel including a possible counterclaim, not just to protect myself from being squeezed but also the other sites that have been sued,” said Jones, who said his national talk show is heard on 60 stations around the country.

Also being sued, according to the Las Vegas Sun, are The Armed Citizen (which has since shut down to avoid further legal trouble - see the letter on their website), Free Republic, and NORML, among many, many others.

On August 25th, the Electronic Frontier Foundation announced that they will make efforts to assist Righthaven defendants to the best of their ability. I have initiated contact, as I have absolutely no intention of settling.

Also reporting on this story:

Law.com - Birth of the Copyright Troll

Wired.com - Newspaper Chain’s New Business Plan: Copyright Suits

LA Times: - Las Vegas Review-Journal bares its claws

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While it sucks for me personally to be sued, I intend to fight this battle to the end, resources permitting. I am in the process of assembling a legal team to deal with this. After I get an idea of how best to approach this, I may ask for help in creating a legal defense fund, and I hope that I can count on your support in this battle.

I want to thank the members of the Liberty community who gave me great support today as I digested this news, including bigmikedude, Kurt Wallace, Trevor Lyman, Michael Boldin of the 10th Amendment Center, and others.

Based on what I have heard so far from my fellow patriots, and what other defendants are planning, I believe that Righthaven picked the wrong community to mess with!

In the mean time, I suggest that fellow bloggers and webmasters scour your sites for any links back to lvrj.com. Righthaven has sued websites that published just four paragraphs of a 36 paragraph story, including a link. To be safe, I wouldn't even link back to those bastards at all. Who knows - they might even sue you for that.

If you have any information that may be of value, please do not hesitate to contact me using the contact button on this website above.

Thank you again for your support.

Michael

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The guy that owns the newspaper

seems to be the one making the issue is formerly a democrat..but now seems to side with the neo-cons.
http://www.mediapost.com/publications/?fa=Articles.showArtic...

This was carried out during the Roosevelt era...

You're right, its that bad: Don't tread on me is the real truth now. These stalin era leftists need to go back to the democratic party and we'll shove them out the door is my motto.

It is that bad...

there is really no left and right...just right and wrong and they're both wrong! I'm not sure, but I'd bet this is his father. If so, his grandfather was also in the newspaper business. I'd also bet we find something on this family.
http://en.wikipedia.org/wiki/Frederick_C._Sherman

I'm wrong on the comment above...

His name is Sherman Frederick...not Frederick Sherman. I guess it is past my bed time.

Armed invasion of privacy = PIRACY

He is engaging in an ARMED INVASION OF PRIVACY, which means flat PIRACY.

On the high seas, these men would be cast overboard for inducing invasion of privacy with intent to cause harm.

He was already sunk before he began

But the thugs behind him in the OBAMA administration, like the insane Rockefeller demon spawns of Goldman Sachs; clearly have it out for the entire DailyPaul site....

They are attacking at such force, with such malicious intent, serious question might be raised upon their sanity.

I have, we all have been attacked similarly in the past. We beat these tyrants on the battlefield. This needs to get out to every newspaper you all can reach, it needs to be shown how the Federal Government is employing mafia style tactics.

That was common in Germany and Russia, apparently now also in Israel and Georgia. Now all of a sudden its common place in the United States. These frauds need to be undressed on national TV, the entire LAW OF ABRIDGED CONTRACTS needs to be reviewed; as when any man declares themselves "SOVEREIGN", they are FREE to disobey any fraudulent contract by any means available & the Federal Government can't refuse!!

They can't put this genie back in the bottle....we MUST get this debate to national TV!!
http://jolt.richmond.edu/v1i1/hardy.html

You would first

need to pierce the corporate vale..

For Freedom!
The World is my country, all mankind is my brethren, to do good is my religion.

Well...

I'm sure there is a way to sue him personally, even if it is for a different matter.

Here's his contact info:

STEVEN A. GIBSON, ESQ.
Nevada Bar No. 6656
sgibson@righthaven.com

J. CHARLES COONS, ESQ.
Nevada Bar No. 10553
ccoons@righthaven.com

Righthaven LLC
9960 West Cheyenne Avenue, Suite 210
Las Vegas, Nevada 89129-7701
(702) 527-5900

Punitive Damages for Breach of Contract via....

Invasion of Privacy with Intent.

Intent to Harm via Invasion of Privacy

&

Breach of Contract (with intent to harass)

Two slam-dunk cases for any constitutional lawyer!

Try letting this guy know....

State Rights Lawyer Luis Ewing:
rcwcodebuster@gmail.com

I can't believe anybody gave in to this crap.

Fact is, according to the procedure described above, these guys simply didn't own the rights to the relevant material when it was posted. They have no standing. The best they can legally do is a cease and desist order demanding that their new property be removed from the website.

I wonder if a RICO claim can be made against them....

That is downright evil!

Sounds like its time for a legal fee money bomb! I have confidence the DP community will be with you 100% of the way!

A little google search shows that "RightHaven" owner, Steven A. Gibson worked with Michelle and Barack Obama at firms of Sidley Austin in 1989 where Michelle apparently met Barack. Need to do more research but this is an odd coincidence..

http://www.godlikeproductions.com/forum1/message1144773/pg1

Mises.org
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