Wednesday, November 2, 2011

Just Deserts For Righthaven

Copyright troll Righthaven, LLC is now facing its just deserts. Yesterday, a Writ of Execution was issued against it and U.S. Marshals are authorized to use "reasonable force" to collect a judgement against it. The judgement was a result of an award of attorney fees to a defendant by Judge Philip Pro of the U.S. District Court for Nevada after he dismissed a suit brought by Righthaven against Wayne Hoehn.

Righthaven attempted to delay the proceedings by appealing to the 9th Circuit Court of Appeals but they missed the deadline for filing its opening brief in the case. They blamed missing the deadline on a "misunderstanding" but the court refused to grant them an extension.

According to the website Ars Technica:
The appeals court has refused to act on Righthaven's request to delay its August judgment further, and the money was due last Friday. When it didn't show up, Randazza Legal Group went back to the Nevada District Court to request a Writ of Execution to use the court's enforcers, the US Marshals, to collect the money. The court clerk issued the writ today, and Righthaven's $34,045.50 judgment has now ballooned to $63,720.80 with all the additional costs and fees from the delay.

I spoke to Marc Randazza this evening, who tells me, "We're going to enlist the US Marshal in marking sure this court's order has some meaning." He looks forward to heading over to Righthaven's offices as soon as possible. Should Righthaven not have the cash in its bank accounts, the writ allows Randazza to "identify to the US Marshal or his representative assets that are to be seized to satisfy the judgment/order."
Frankly, I hope that more of those sued by Righthaven go back to court to obtain judgements against them. Moreover, I hope that smart lawyers find a way to pierce the corporate veil and go after Steve Gibson and his personal assets. As Righthaven is his brainchild, that indeed would be just deserts.

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