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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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Another subject for the Judge.

I'm sure Judge Napolitano would LOVE to get his teeth into this.

Shark meat, anyone?

I'm not sure they would let him discuss it?

Read back on this thread there is a relationship somewhere with FOX,If I read it right.

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.

It's worth a try..

I'll facebook him when I get home from work; unless someone has a better method to contact him.

it's Heartening To See The Response From The DP Core ...

These transparent thugs really have bitten off more than they will chew. Let's see who gets throttled ... and ultimately chokes and spits.

Michael, I salute your determination to stand the heat. I stand with you (literally) if you have room in the kitchen.

I sent you an email.

R-J accused of entrapment over copyright enforcement

excerpt from Las Vegas Sun
by Steve Green

"Even if a defendant was to republish an article from the LVRJ.com website directly, he is not only within his rights to do so, but all users of LVRJ.com are encouraged to do just that. The LVRJ.com website offers and invites its users to 'Save and Share' all of its articles no less than 19 times per article. In addition, the LVRJ.com website encourages and invites its users to 'Email This,' 'Save This,' 'Print This' and subscribe to its 'RSS Feeds.' This not only puts the users of LVRJ.com in a quagmire, but it is the opinion of the defendant that LVRJ.com is guilty of entrapment, or at least setting up the users of LVRJ.com for a potential lawsuit. While the LVRJ.com encourages and invites its users to 'Share and Save' articles a total of 23 times per article, LVRJ.com will file a frivolous copyright infringement lawsuit against its users, if they follow LVRJ's directions and invitations to 'Share and Save' articles published on the website."

continued..
http://www.lasvegassun.com/news/2010/aug/23/r-j-accused-entr...

and check out the Daily Paul/Michael Nystrom mention in this article
http://www.lasvegassun.com/news/2010/sep/01/pr-firm-kirvin-d...

(Also lots of useful info in the archives to the right of article)

"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

Michael Nystrom's picture

That is an excellent point

It is simple to put in a 'right click protect' so that text on a website cannot easily be copied. In fact, with such code, a message pops up when you right click. You can put anything you want in the message - something simple like, "Please don't copy this under penalty of a lawsuit" would be sufficient to keep people from copying.

The fact that LVRJ doesn't take such a simple step indicates they're involved in a shakedown.

Steve Green of the Sun has done a great job covering this. As for the LVRJ paper itself...crickets.

The only way to make sense out of change is to plunge into it, move with it, and join the dance. - Alan Watts

Yep, entrapment..

they encourage you to share the articles! It is a shakedown. Lots of useful info to the right of that article BTW.

Please also see Whitehouse connections in my comment below..very interesting!

"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

MN~Check out politically motivated ties to Whitehouse

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 here:
http://www.nndb.com/company/955/000122589/

RightHaven the Blog and Forum lawsuit firm and the ties to Obama
http://www.godlikeproductions.com/forum1/message1144773/pg1

IMO, Chicago Style Shakedown/ Thuggery is what this is! If Obama can't do it through a 'kill switch', he'll do it using proxies, controlled opposition and copyright law.

This is a racket and extortion..this copyright lawsuit BS is a tool to intimidate free speech. I think it will backfire bigtime and awaken and unify all forums and bloggers..not just the ones 'targeted'!!

"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

He sued ALIPAC and called them "evil"

Righthaven went on to Sue the national association of ALIPAC regarding their immigration reform articles, and call them "evil".

I think these total numbskulls have stepped in it big time.....Righthaven is neocons gone insane.

Neocons run wild....That should be the slogan of that now failing newspaper. And they love Sharron Angle, so that should tell you all you want on Angle.

This should wake up the community in a big way.....And get them to turn on the news media, so in a large instance; Righthaven's stupidity is good!

Why target bloggers?

The Porn industry's been the ones hurt by copyright infringement: http://www.technologyreview.com/web/26074/?a=f

Unless it's politically motivated (of course). Anyone find concrete ties to the opposition (paid for politicians)?

_ _ _ _ _ _ _ _ _ _
Start getting freedom today by dumping Federal Reserve Notes, Stocks, Banks and anything made outside the USA. Buy precious metals, real estate, businesses, food and guns and get your business community to use local or sound currenc

Actually everything on the Web is technically "Fair Use"

Except under certain extreme circumstances; such as character assassination/defamation, as well as financial benefit derived from an artist's works.

If someone is being financially compensated for copying articles/work of others without credit, THEN and partly only at that point does it become criminal.

Also, if someone wants to protect their content all they do is get a "copyscape" code: It makes it impossible for someone to copy/paste anything or copy their images.

That is, if they are serious. In the case of the Obama groupies at Righthaven, they aren't serious and they aren't for the constitution. They are big thugs.

Joη's picture

I guarantee it is impossible to make anything online uncopyable

    it can only be made difficult to the unaware.

    "You underestimate the character of man." | "So be off now, and set about it." | Up for a game?

    Which is most of the voting public, so...

    The point pretty much stands that they can't copy the content when "copyscape" protection is there. To get around it requires quite a bit of thinking.

    MN

    I've blocked all their sites

    adam1mc Could You Clarify What This Post Means

    Does Righthaven own copyright to content on all the links you posted? Or are they independant sites that are gun ho on "copyright infringment"?

    Stephens Media owns them all

    .

    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.

    northstar's picture

    Michael, did you get my email?

    I sent email and also been in contact with 'Wiz too. I told her to forward anything I communicate with her too about this matter.

    Thank you

    Real eyes realize real lies

    We want our country back

    Every year is a year for Ron Paul!

    Michael Nystrom's picture

    Yes I did. Thank you.

    I thought I wrote back.

    I also got your note through 'wiz. Thank you so much for the advice. I'm all over it.

    The only way to make sense out of change is to plunge into it, move with it, and join the dance. - Alan Watts

    So many emails

    So little time.LOL!

    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.

    photoshopwiz's picture

    thank you, northstar!

    ~
    yes I sent it to Michael and he got it ... GREAT advice ... the sitch is being handled.
    ___

    "Be bold-and mighty forces will come to your aid." ~ Basil King
    www.online-literature.com/basil-king

    Las Vegas Sun mentions Daily Paul /Nystrom

    in this article...

    Righthaven sues D.C.-based group over R-J editorial posting

    by Steve Green

    excerpt..
    And Michael Nystrom, who has a blog about politician Ron Paul called the Daily Paul, said Righthaven has been engaging in a "shakedown" against bloggers and website owners.

    read in full:

    http://www.lasvegassun.com/news/2010/sep/02/righthaven-sues-...

    "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

    great find

    Thanks Liberty Belle!

    LL on Twitter: http://twitter.com/LibertyPoet
    sometimes LL can suck & sometimes LL rocks!
    http://www.dailypaul.com/203008/south-carolina-battle-of-cow...
    Love won! Deliverance from Tyranny is on the way! Col. 2:13-15

    Right On!

    He is taking Mr Nystrom's back I hope.This needs exposure for sure.

    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.

    ATrue~Scroll through

    the archives just to right of the article..LOTS of useful info

    http://www.lasvegassun.com/news/2010/sep/02/righthaven-sues-...

    and yes, Michael mentioned he has been in contact with Steve Green and he is supportive.

    Send me the sponsor list when you get a moment! Good job!

    also PLEASE..MUST SEE:
    http://www.dailypaul.com/node/143700#comment-1528096

    "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

    Thanks LB,Sent!

    check it.

    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.

    LB turn your contact on for a minute

    I don't have your personal email,Or email me and I will get it right back to you,Thanks!

    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.

    Sorry to hear about this

    Sorry to hear about this Michael.

    I have the sponsor list for those that want it

    Just state below and turn on your email and I will send it,No reply necessary.Please let's keep in mind this needs to be done,they need to be informed of the dissatisfaction with their association with this scam.But let's be careful to not pick a fight for Mr Nystrom where this is not one yet.Please make it your personal opinion.

    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.