Saturday, August 14, 2010

RightHaven LLC Opposition Organizing

If you are a mom and pop blogger, getting hit with a Federal lawsuit out of the blue has got to be terrifying. Many of those being sued by RightHaven LLC do not have deep pockets and are afraid that they will lose everything. Clayton Cramer reported that some of those being sued will probably have to declare bankruptcy.

Fortunately, its seems that the victims and those opposed to RightHaven's tactics have started to organize. Realizing that information is key, a new website has been established called They say their mission "is dedicated to gathering together and posting for the public information about Righthaven LLC." They have links to some of the lawsuits as well as articles on RightHaven LLC.

Another website called RightHaven Victims lists every individual, business, and blog that has been sued by RightHaven LLC for copyright violations. It encourages those sued to work together to share information and to unite to form a collective front against RightHaven LLC. They realize that one of the keys to RightHaven's success will be the use of a "divide and conquer" strategy. This website is also sharing defense strategies being used by the defendants.

A Facebook page has been established called "stop the LVRJ/RIGHTHAVEN witch hunt!" In addition to providing resources for those being sued, they are also seeking to publicize that RightHaven LLC did not give any sort of "cease and desist" or take-down letter before suing. While not required in most cases, it is the common practice to do so.

Finally, law professor Eric Johnson has a new post on his blog, Blog Law Blog, on the RightHaven LLC lawsuits. The post, entitled "Righthaven's Innovation? Stooping Lower", sets forth his opinion on what they are doing.
I think what the Las Vegas Review-Journal and its thugster stooge Righthaven are doing is completely obnoxious. It reeks. It also makes the Las Vegas Review-Journal look like a pack of feral alley dwellers instead of an earnest news organization that is deserving of the public trust.
That said, Professor Johnson goes on to say that the lawsuits are not frivolous. The suits are based upon perceived copyright violations that are actionable. The law makes it easy to sue for copyright violations and they are using it. That said, he notes as we go through life we come upon many opportunities to sue others. What makes our system of civil law work, however, it that we exercise restraint and discretion in filing lawsuits. If we didn't, the courts would be clogged.

Professor Johnson finds it particularly objectionable that the Las Vegas Review Journal and their extension RightHaven LLC are filing their lawsuits without making any attempt to resolve the disputes informally. He concludes:
Righthaven and its associated newspapers are on the cutting edge because they have stooped lower than anyone else in the news business has been willing to go. That’s nothing to be proud of.
I couldn't agree more.

UPDATE: My first Instalanche! Welcome Instapundit readers. Stay a while and visit.

If you want to read more about the RightHaven LLC lawsuits go to posts here and here. I have a couple other posts on RightHaven LLC here and here as well.

UPDATE II: If you would like to listen to an interview with Clayton Cramer, he was a guest on Tom Gresham's GunTalk Radio show last Sunday. The episode can be found here or on iTunes. The interview with Clayton begins at about the 24:20 mark.


  1. I once posted a list of every newspaper owned by the parent company. It's important that this list, easily available from wiki, be disseminated and that no blogger _ever_ links to them. If for no other reason then self preservation.

  2. Quilly:

    I did that in this post:

    Make sure to read about who owns Stephens Media LLC ... Stephens, Inc., investment bankers in Little Rock, AR and uber-politically connected firm.

  3. Hey, congrats on the Instalanche! And I love that "stooped lower" part. Gold.

  4. The thuggish manner in which the whole thing is being handled makes me wonder if the whole thing isn't a politically motivated effort on the part of the DNC to shut down internet criticism of the MSM.

    Follow the money.

  5. I doubt the DNC is involved in this one. The reason I say that is that the RightHaven defendants include the Democratic Party of Nevada, Americans for Democratic Action, and the Democratic Underground website. You also have more conservative bloggers being sued and a number of totally apolticial blogs being sued.

  6. Agree with John: the range of organizations under attack cross the spectrum of politics, and include nonprofits with no apparent political purpose at all. Never ascribe to politics what can be adequately explained by uncontrolled greed and lust for power.