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Righthaven Shakesdown Alert: $150K from Autistic Blogger



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USC 17 Sec. 107. Limitations

USC 17

Sec. 107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair
use of a copyrighted work,
including such use by reproduction in
copies or phonorecords or by any other means specified by that
section, for purposes such as criticism, comment, news reporting,
teaching (including multiple copies for classroom use),
scholarship, or research, is not an infringement of copyright. In
determining whether the use made of a work in any particular case
is a fair use the factors to be considered shall include -
(1) the purpose and character of the use, including whether
such use is of a commercial nature or is for nonprofit
educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or
value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding
of fair use if such finding is made upon consideration of all the
above factors.

Michael Nystrom's picture

Good

To make that argument on the Daily Paul costs you nothing.

To make it in a Federal court of law will cost you anywhere from $10,000 to infinity, depending on the length of the case, and the number of appeals. Therein lies the problem.

He's the man.

hey Michael

I am a good friend of Brian's. My name is Ben Acel. I know this lawsuit is hard. Thanks to this news report they may try to resolve it with Brian since it's become a PR nightmare for them. I know this because of a lasvegassun report by Steve Green.

http://www.lasvegassun.com/blogs/business-notebook/2011/mar/...

Also if you want to just chat with Brian about this in private and off the record you have a chance because once he signs a agreement he will not be able to talk about this.

Also whatever happens he is going to make a motion at the senate to update Fair Use to include Internet and websites so that Fair Use Rights apply to Internet users thus means Righthaven can no longer sue people over fair use.

file a motion for demurrer,

file a motion for demurrer, make them prove the violation.

true

sui juris

Sick

Sick

How about a focused effort

on the advertisers of one of the papers from a smaller town so we can prove in a test run that we can have an impact?

We're the people behind the Money Bomb, remember?

***************************************************

--We select the paper strategically so that our efforts have the most direct impact. The paper should have a limited advertising base.

--A small paper, but not the smallest. We don't want to be seen as picking on the little guy, but we also need the paper's local businesses to be limited so we can prove the cause and effect of our efforts more clearly.

--Once the paper withdraws from Righthaven, we can go to other papers, one at a time, strategically, with our proven results.

***************************************************

We can be the people behind the Guided Missile, too.

Snags:

--This all flops if every paper involved is so far into their death throes that legally extorting money from individuals has better returns for them than getting advertisers.

--The kind of paper with a limited advertising base likely cares about their reputation. That would seem good for our effort on the surface, but it may also mean there are no candidates for a directed effort among Righthaven participants.

Defend Liberty!

I sent an email to some of

I sent an email to some of their advertisers. Don't know if it will have an impact, but it only took a few minutes and it can't hurt. I don't think any merchant wants to hear that people are boycotting their products.

The Bill of Rights is a

The Bill of Rights is a series of limitations on the power of the United States federal government, protecting the natural rights of liberty and property including freedom of speech, a free press, free assembly, and free association, as well as the right to keep and bear arms.

Oh wait... just in case.

http://en.wikipedia.org/wiki/United_States_Bill_of_Rights

Are people forgetting the purpose. Oh and I am sure we are in a Plutocracy. You should look it up and start figuring out what is going on here.

x3

x3

Official Daily Paul BTC address: 16oZXSGAcDrSbZeBnSu84w5UWwbLtZsBms
Rand Paul 2016

Here's What I Do

about Righthaven. They are part of the company that owns the Las Vegas Review Journal. I will not read the Review Journal, I will not click any link on the web that takes me to their online edition. And if I become aware, through others, that someone is advertising in the RJ, I do my best to avoid using their services.

What they are doing is obscene. Some blogger who is not making any money from his or her site should ever be subjected to this kind of blackmail, and that's all it is. The newspaper model is dying, and to try to recoup some cash before the final death throes, is all this is.

And even if all you do is link to their website, which is what you're supposed to do when posting an excerpt of an article, they still sue you. That newspaper and every other one they are associated with needs to die. Nobody should buy their rags and everyone should let their advertisers know you will never shop with them if they choose to advertise in these rags.

HMM... You Know We Could..

Google has let it be known that sites that try to "trick google" with too many fraudulent and/or unnatural back links will be "punished".

You wanna punish Righthaven? Attack them and their subsidiary via SEO and destroy them on Google. How to do this? Geeks need to unite and send a massive amount of SEO SPAM as these progressives over at Google will call it and OWN THEM.

You can even send a million back-links to their site for the phrase, "RightHaven Sucks" haha. If they wanna go this route, one could. I'd never both, but hey, we could if we wanted too.

Settlement Attornys

A whole lot of these law suits are filed in the hopes to get a settlement so the firm won't have to be prepared to actually go to trial. They know that the cost of defense is way more than the 5 or 6 thousand dollars that it will take to settle out of court. Most insurance companies just pay the money to just get rid of it. I'm not saying that its right or wrong to settle quick, just the way it works. Maybe a system similar to the Canadian one would limit these. Where the one who brings a frivolous suit has to pay the defense cost of the defendant if they lose in court.

I wonder if the advertisers

in the newspapers behind Righthaven know what they're up to.

Defend Liberty!

HOW TO FIGHT BACK

Perhaps someone should start contacting the companies who advertise in their papers and notify them of the papers' anti free speech blackmail practices.

In fact, let's get started right now. If you want to help, take 30 seconds to do the following:

1. go to www(dot)denverpost(dot)com (I don't want to post an actual URL, because that would allow them to track the traffic back here)

2. Turn off your adblock plugin if you have one

3. Go to the site of one of the advertisers you see on the site. (It would be best to re-type the advertisers' URL, so that Denver Post doesn't get paid for the click.)

4. Find the advertisers' contact info, and paste the following message to them. Feel free to edit the message as you see fit:

Hello,

I am writing you in response to an advertisement your company has posted on the Denver Post or Las Vegas Review-Journal websites.

I think you may want to be aware of the malicious business practices of The Denver Post and The Las Vegas Review-Journal, and you may want to reconsider your decision to advertise with them, as doing so could, by association, easily tarnish the good name of your own business.

Several national news sources have reported that The Denver Post and the Las Vegas Review-Journal have partnered with Righthaven LLC to file copyright lawsuits against individuals who post or link to Denver Post or Las Vegas Review-Journal content online. These lawsuits appear to be malicious in their intent. Righthaven sues for seemingly excessive amounts relative to the potential actual damages suffered by these companies. Righthaven then offers the accused the chance to settle out of court for several thousand dollars. This is clearly a strategy intended to manipulate the accused web posters to pay off Righthaven, rather than incur the more prohibitive costs of defending themselves in court. Legal defense is especially prohibitive for many of the accused, as they are often simply individuals posting their thoughts about Denver Post articles on personal websites, blogs, or Facebook.

This activity by Righthaven LLC is well documented, so I encourage you to search online and review the various sites that cover these practices. Please consider contacting The Denver Post or The Las Vegas Review-Journal, and canceling your advertising subscription with them before your business becomes further associated with practices that clearly attack others' free and well intentioned speech.

Thank you for your consideration.

Freedom Wins!

nice try but a bit too naive I think..

This kind of message would just end up in junk mail or if read deleted since the person first reading this would most likely be a customer support or similar who couldn't care less.

I believe this is time wasting and the focus should be in getting the word out to the general public and name all associated businesses (advertisers) with these news stations.

That will get their attention and if threatened enough they will stop advertising.

Sending them letters that they can handle internally will unfortunately not make any difference.

I thought so too

When I started looking at the advertisers, most of them are small denver based companies. the emails probably go right to the owners.

Freedom Wins!

I hit 2 of their advertisers

I hit 2 of their advertisers with your letter. Nice work!

Blah.

You may want to mention the

You may want to mention the fact that their tactics diminish click throughs to the online paper and thus less potential traffic for that advertiser. The rag obviously doesn't care about its advertisers either.

reedr3v's picture

Great letter and strategy, thanks

.

Copyright Lawsuit

Thanks for the warning. I'd rather learn what not to do here, than from a hungry or mean attorney.