16 votes

Tea Partier Countersues Righthaven over 'Open Letter to Tea Party'

From Steve Green at the Las Vegas Sun (Las Vegas's good newspaper):

...South Carolina attorneys filed a counterclaim Friday in Charleston, S.C., federal court against Righthaven that, among other things, accuses Righthaven of violating South Carolina’s Unfair Trade Practices Act when it sued Dana Eiser of Summerville, S.C., after a Denver Post column was posted on her nonprofit website .

Eiser is affiliated with a Tea Party movement group called Lowcountry 9/12 and has a blog at lowcountry912.wordpress.com.

The Sept. 23 column at issue by Post columnist Mike Rosen was called “A letter to the Tea Partyers.”

Get the full skinny here: Copyright lawsuit defendant hits Righthaven with counterclaim

Ms. Eiser is not messing around:

Eiser also released emails in which an attorney for Righthaven gave Eiser the opportunity to settle by paying Righthaven $15,000. Eiser's attorneys rejected this demand and instead gave Righthaven the chance to settle by paying Eiser $250,000.

This story is continued here: Righthaven defendant threatens to seek settlement refunds.

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Wrong post

...

isnt this article pointing to the website las vegas sun

righthaven?

The Las Vegas Sun....

...is the rival newspaper to the Las Vegas Review Journal.

The RJ is the rag that hired the ambulance chasing shyster (AKA Righthaven) who has been bullying bloggers into giving up their freedom of expression and killing the resurrection of a free press in America.

The Sun is more than happy to chronicle the disgusting behavior of their cross town rival.

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The Virtual Conspiracy

I LOVE this lawyer!

The Tea Partier's lawyer is great.

"Welcome to South Carolina litigation, and let me be the first to say good luck. You all are definitely going to need it."

LOL.

"In recognition of the generous amount of time you provided us to consider your settlement demand, please be advised our demand will remain open until 11:30 p.m. tonight, Eastern Time, approximately five hours from now."
[emphasis mine]

This guy is a hoot. If you haven't read his email to Righthaven, I HIGHLY recommend it.

******************************
The Virtual Conspiracy

Where's Anonymous to Hack extortionist Righthaven?

While the Class Action suit is being opened, how about our liberty-minded vigilante friends at Anonymous hacking into Righthaven and scooping out some of the juicy emails THEY must be passing amongst themselves?

You know, how to terrorise defendants into settling out of court, or threaten them with financial ruin or prison or any of a number of other extortionist violations of state and federal RICO laws?

I saw an article on how a credit card collection agency was forced to pay up for harassing and terrorising a delinquent customer. Why not charge Righthaven with extortionist terrorism too!

"Cowards & idiots can come along for the ride but they gotta sit in the back seat!"

CLASS ACTION! Bloggers v. RightHaven fascists!

Eiser's got a good idea. Here's another> Its CLASS ACTION TIME!!!

Calling all Lawyers! How about a Class Action suit representing WE the millions of BLOGGERs (potential victims) versus RightHaven (and potential censorship).

Perhaps every blogger who's ever linked to other articles can chip in a couple of bucks for representation, in return for damages awards.
Say, $160 million to start?

"Cowards & idiots can come along for the ride but they gotta sit in the back seat!"

The glorious counter-battle against Righthaven continues:

Righthaven defendant cites lies, releases correspondence:
http://www.lasvegassun.com/news/2011/mar/03/righthaven-defen...

Michael Nystrom's picture

OMG - Awesome!

I read Steve Green every day, but hadn't seen that one yet.

www.lasvegassun.com/staff/steve-green/

Thanks. Excellent.

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

I am sooo loving this guy Kincannon!

"Kincannon added in his letter: "Steven Gibson, in his aforementioned interview with Fortune Magazine and CNN, suggested that this entire Righthaven enterprise is just his exploration of the limits of federal copyright law in the Internet age. I find no small amount of irony in the fact that you, Mr. Gibson, and various other Righthaven associates are now going to experience my exploration into the limits of South Carolina law on barratry and unfair trade practices committed by lawyers," Kincannon wrote."

Freedom is not: doing everything you want to.
Freedom is: not having to do what you don't want to do.
~ Joyce Meyer

Michael Nystrom's picture

Indeed. Here is another great exchange:

Another issue between the attorneys is Eiser's threat to counter-sue Edward Fenno, Righthaven's local attorney in Charleston, S.C., who filed the Righthaven suit against her.

In a letter from Fenno to one of Eiser's attorneys, J. Todd Kincannon, Fenno asked what grounds Eiser may sue Fenno for and said there was no basis for abuse of process, malicious prosecution or defamation claims.

"If you are considering filing suit against my firm or me, I request that you set forth the grounds in a letter to my attention (or even in a draft complaint for me to review) and give us a chance to explain our side of the facts and law before you actually proceed with filing a suit," Fenno wrote.

That drew a heated response from Kincannon, who wrote back: "Did you give my client that opportunity? Did you send Dana Eiser a list of things you were planning to sue her for prior to filing?"

"You should be embarrassed to ask for a courtesy you didn’t show my client prior to suing her. Besides, we both know filing frivolous lawsuits with no notice to defendants is part of the Righthaven business model, so as to more effectively leverage settlements out of these folks by causing them the intense emotional stress and financial pressure of retaining and paying an attorney in the extremely short window for responding to a complaint," he wrote.

"This is exactly what Righthaven tried to do to my client. Mrs. Eiser’s first notice of a lawsuit against her was when a reporter called to tell her she’d been sued. Her next encounter with the lawsuit was when your process server served her with the summons and complaint. I am genuinely curious as to why we should show you the courtesy of sending you a draft complaint prior to filing suit against you when you afforded my client no such opportunity.

"It’s genuinely funny to me how your perspective has changed now that you are about to be a defendant in a lawsuit," Kincannon wrote.

Rock on!

http://www.lasvegassun.com/news/2011/mar/03/righthaven-defen...

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

In recognition of the

In recognition of the generous amount of time you provided us to consider your settlement demand, please be advised our demand will remain open until 11:30 p.m. tonight, Eastern Time, approximately five hours from now.

That is simply awesome. $250,000 due in 5 hours. Kincannon has some fire to him.

________________________________________

Get em!!

Get em!!

Commerce with all nations, alliance with none, should be our motto. - T. Jefferson rЭVO˩ution

"Everyone wants to live at the expense of the state. They forget that the state wants to live at the expense of everyone.” - BASTIAT

I needed this quote....thank you for posting

"The counterclaim accused Righthaven of violating South Carolina's Unfair Trade Practices Act by suing Eiser, charging Righthaven had committed unfair and deceptive acts by wrongly branding Eiser as a copyright infringer."

Freedom is not: doing everything you want to.
Freedom is: not having to do what you don't want to do.
~ Joyce Meyer

Aaaah, I love this article!

Aaaah, I love this article! The letter that lawyer Todd Kincannon wrote in return to righthaven is just awesome!

Wow

you weren't kidding. I love it!

"Welcome to South Carolina litigation, and let me be the first to say good luck. You all are definitely going to need it.

Todd Kincannon"

Freedom is not: doing everything you want to.
Freedom is: not having to do what you don't want to do.
~ Joyce Meyer

Ya...I am sooo glad to see

Ya...I am sooo glad to see this.

Michael Nystrom's picture

The last group of people you want against you

is the tea party.

Not a very smart move.

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

Co-counsel

is OK :)

Freedom is not: doing everything you want to.
Freedom is: not having to do what you don't want to do.
~ Joyce Meyer

+ 1

important news.
Thanks for posting.

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

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