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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

- - -

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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Debbie's picture

Yes, it is the same guy. No surprise he is hooked up

with Monsanto, as it shows on that website you link to that a "representative" of the Stephens Group became the CoB of Delta Pine & Land, which I remember reading about in the '90's - was a huge agribusiness "partnered" with the USDA - they were growing the first crops of GMO cotton and other things. If you look them up on your site, it shows DP&L bought Monsanto and it's Terminator (suicide seed) technology and are connected with the Rockefeller University gene project in NY.

Debbie

Wow! Very interesting Big T!

I'm not really surprised!

please see 'Whitehouse Connections' scroll down a few posts or shortcut:

http://www.dailypaul.com/node/143700#comment-1528426

"I think we are living in a world of lies: lies that don't even know they are lies, because they are the children and grandchildren of lies." ~ Chris Floyd

whoa

reedr3v's picture

interesting

indeed

I agree

What this guy finds never ceases to amaze Me.

If I disappear from a discussion please forgive me. My 24-7 business requires me to split mid-sentence to serve them. I am not ducking out, I will be back later to catch up.

How can one infringe if you give CREDIT to who wrote it??

So, is this attorney claiming that even if you quote something from a magazine or newspaper article that you can get sued regardless??

In all my years of education, I was always told that if you QUOTE the author or writer of your article, or in this case, a blog, and if you put the paragraph or whatever in quotations, there should be NO INFRINGEMENT resulting.

This guy is the LOWEST OF VERMIN. I can understand going after people who try to copy music & then, attempt to sell it for a profit, but I cannot understand this logic, unless he is USING FEAR to get "settlements".

He could be SETTLING OUT OF COURT for BIG $$$

It seems this jerk could also be harassing the little guys to settle out of court for monetary gain, thinking that the little guys can't fight him financially.

He picks on little guys in the big scheme of things.

All the 'little guy' lawsuits would add up to a big chunk of change, if they all settle out of court.

He reminds me of those phony neck injury lawsuit set-ups...

CHECK HIS TIES--HIS CONNECTIONS---Right/Left Wing or White House

This is CRITICAL to rule out any political subterfuge, unless this man is attacking LEFT WING BLOGS as well. Countersue & subpoena his cell phone records, too, to find out WHO he is working with.

GOOD LUCK.....what a pos garbage he is! Sickening.

Whitehouse Connections

Posted several times below ..but here it is:

Whitehouse Copyright Czar Victoria Espinel.. is also an executive for Sidley Austin Law Firm and so is Michelle Obama.

Sidley Austin is the firm RightHaven Founder Steve Gibson was an associate of during the same period Michelle Obama and Barak Obama were associates there.

See Executives list:
http://www.nndb.com/company/955/000122589/

RightHaven Blog and Forum Lawsuit Firm and connections to Obama/ Whitehouse
http://www.godlikeproductions.com/forum1/message1144773/pg1

http://www.dailypaul.com/node/143700#comment-1528327

"I think we are living in a world of lies: lies that don't even know they are lies, because they are the children and grandchildren of lies." ~ Chris Floyd

meekandmild's picture

Isn't posting on the web giving permission to use?

If you don't want people to use your material, don't put it on the web. Or set it up so the writing, pics and ect can't be copied and pasted.

Huh? You don't actually

Huh? You don't actually believe that just because its posted on the web it should be freely used by others? That is one scary mindset.

If you disagree with me on anything you are not a real libertarian...

It's not a scary mindset.

You can't own electrical signals. Nobody owns a series of bits, a series of 1 and 0s.

You can not own an idea either.
You can only own what is scarce. Ideas and computer bits are not scarce.

"He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me." Thomas Jefferson

You do not steal an idea. You do not still knowledge from people.
But if you take someone's bike (scarce) he'll have to walk.. that is theft.

Please, have a look at this little great book:
Against Intellectual Property
http://www.scribd.com/doc/7511095/Against-Intellectual-Prope...

What stops people then from

What stops people then from trying to privatize the English language. I could type the word "the" on the internet and try to get it copyright protected.

That way every time you post the word "the" you have to pay me money and link to my original post.

That is a scary thought.

I don't think you understand

I don't think you understand how copyright works. You CANNOT copyright a language. You can copyright how you specifically express that language in a tangible form.

In other words, you CANNOT copyright a idea. You can only copyright the way the idea is expressly stated in a tangible form. And you CANNOT copyright an idea if the way you express it, is the ONLY way to express it, or if it flows from a common source.

When someone writes a book./script or music they are expressing themselves from sources that are general, but using that general source to express something unique.

One word could be trademarked, IF it was so unique and not common./ For Example, Lucas trademarked the word "Droid." "Have a coke and smile" is trade marked. NOT Copyrighted.

If you disagree with me on anything you are not a real libertarian...

Actually, Brian...

Meek's mindset is absolutely correct. All of our ideas and information come from the same source - the Universal Consciousness. If you look at history, you'll see that, more often than not, several people come up with similar inventions at exactly the same time, for this very reason. For one good example of this, research the work of Edison and Tesla. It was Edison's implementation of electricity that was chosen, only because it would make his investors (Westinghouse) lots of money - not because it was the better way. But, nevertheless, the concept of electricity was ripe for the picking for each of them at the same time, straight from the Universal Consciousness, where the information originated. Tesla was actually quoted as saying that one day the idea just "sprang" into his head! No truer words have ever been spoken...

-
"Stand up for what you believe in. Even if you stand alone."
~ Sophie Magdalena Scholl
"Let it not be said that we did nothing."
~ Ron Paul
"You must be the change you want to see in the world."
~ Mahatma Gandhi

You are mixing and matching.

You are mixing and matching. Inventing something has nothing to do with copyright. That is patented material. Copyright deals with intellectual property, which lists specific items thereunder. I already answered above why your response isn't valid.

So if you write an original book you are suggesting we should all just take it and sell it, making money of the fruit of your labor? That sounds at odds with Dr. Paul philosophy.

You can get a better explanation here of the differences: http://www.lawmart.com/searches/difference.htm

Whether one is better or not, that is a different argument and goes to corruption and anti-trust issues.

If you disagree with me on anything you are not a real libertarian...

I think you missed my point!

Invention/copyrighted material - it doesn't matter...
It's all the same in the Universal Consciousness. The information is there, regardless of the purpose, ripe for the picking by anyone who can "tune in" to it, to be used and shared by all.

-
"Stand up for what you believe in. Even if you stand alone."
~ Sophie Magdalena Scholl
"Let it not be said that we did nothing."
~ Ron Paul
"You must be the change you want to see in the world."
~ Mahatma Gandhi

This will hit them in the wallets

Incapable of selling ad content.
Incapable of providing decent journalism.
They turn to a new revenue stream, suing people that are actually directing traffic BACK to their miserable website.
I think this will eventually lead to them becoming media pariahs.

"I don't endorse anything they say"
~Ron Paul On the 911 Truth movement.
http://www.youtube.com/watch?v=hGyhlNY0y1k

The Alarm Clock

The alarm is sounding.
Considering the fear that this 'news' would bring me - I can understand it is un-nerving.

I'd rather think it will be the sounding of the alarm - the warning shots across our bow.

We need to either repel the enemy or surrender.

Michael, you are the Captain, we will follow your orders... I will support you in whatever decision you make - with my time, effort and treasure, if necessary.

E

northstar's picture

Surrender is not in our vocabulary

.

Real eyes realize real lies

We want our country back

Every year is a year for Ron Paul!

This will not be

This will not be the last ship to pull alongside showing the Black Flag.
"No prisoners, laddies! Prepare to repel boarders!"

ever vigilant,

E

Without Warning ?

It should be frivalous.
I hope so. Be watching.

Michael

I sent you the contact numbers. I trust you'll keep them in confidence.
They should be good. If not, Ted will have something more current.
I also emailed this thread with your cell number, to be given to AJ.

Hope it helps.

Is that chemtrails I see

Is that chemtrails I see coming from those two jets?

Sharon Angle might want a piece of this, too.

Especially, if there is any way to tie it, even indirectly, to Harry Reid.

Hmmm...Interesting Angle

Definitely something to investigate?

If I disappear from a discussion please forgive me. My 24-7 business requires me to split mid-sentence to serve them. I am not ducking out, I will be back later to catch up.

(Comment self-redacted)

(Comment self-redacted)

Jake Towne's picture

Michael - Check out this article on ACTA...

if you've never heard of it, particularly the spot about blogetery.com. Best of luck chief

http://mises.org/daily/4593

Jake Towne
2010 Candidate for US Congress, PA-15
Liberty, Sound Money, the Rule of Law, and Accountability
TowneForCongress.com

Michael Nystrom's picture

Wow

Thanks Chief.

I guess the good thing about this is that I'm learning quite a bit.

That is an incredible article.

He's the man.

Bring it on

I think they will regret messing with the Daily Paul Family.

"Its easier to fool people than to convince them that they have been fooled."
Mark Twain