Welcome to Righthaven Lawsuits

Disclaimer: This website is for informational purposes only and is in no way sponsored by or affiliated with Righthaven LLC or any affiliated company.

* * *  POTENTIAL CLASS ACTION AGAINST RIGHTHAVEN * * *
The Kincannon Firm Seeking Past and Present Righthaven Victims for Class Action Against Righthaven

This website is dedicated to gathering together and posting for Righthaven Defendants and the public information about Righthaven LLC -- the Las Vegas “technology company” that has been filing copyright infringement lawsuits in the U.S. District Court for the District of Nevada (and South Carolina and Colorado) against numerous unsuspecting website owners (almost always without notice) for copyright infringement of news articles originally published in the Las Vegas Review Journal (and Denver Post) and purportedly assigned to Righthaven (sample assignment here) which subsequently registers the copyright to such articles with the U.S. Copyright Office in order to then file suit in federal court. 

Righthaven LLC is owned 50/50 by two limited liability companies.  The first is Net Sortie Systems, LLC, which is owned by Las Vegas attorney Steven Gibson – the Nevada attorney who is behind all of the lawsuits filed by Righthaven.  The second is SI Content Monitor LLC, which is owned by family members of investment banking billionaire Warren Stephens whose investments include Stephens Media, LLC which owns the Las Vegas Review-Journal.  Righthaven's business arranagement is memorialized in a Strategic Alliance Agreement between Righthaven LLC and Stephens Media LLC (an arrangement that some commentators (here) argue (and at least one court order has found) renders void Stephens Media's copyright assignments to Righthaven, thereby nullifying Righthaven's standing to bring its copyright infringement actions).  A visual guide of Righthaven's corporate structure can be viewed here.  

 
While Righthaven owes its origins to Stephens Media, Righthaven recently picked up another media company client interested in pursuing the same type of copyright enforcement efforts on its behalf -- WEHCO Media (which owns several weekly and daily publications including the Arkansas Democrat-Gazette and Chattanooga Times Free Press, but also has a partnership with Stephens Media regarding WEHCO’s Northwest Arkansas publications).  News coverage of Righthaven's new "client" here, here, here, and here. 

While no lawsuits have yet been filed by Righthaven on behalf of WEHCO Media, a third media company – Media News Group – was using Righthaven’s “services” – as reflected by numerous copyright infringement lawsuits were been filed by Righthaven in the Colorado over material appearing in the Denver Post, which is owned by Media News Group.  News coverage of Righthaven's Colorado “client” can be found here and here (see also Denver Posts' "Notice to readers about Denver Post copyright protections" on November 14, 2010).  A copy of Righthaven's Copyright Alliance Agreement with MediaNews Group, Inc. can be found here.  MediaNews Group announced in September 2011 that it was not going to renew is agreement with Righthaven (news coverage here and here).

On April 8, 2011, Righthaven filed a copyright infringement lawsuit on behalf of an online sports betting site Stevo Design, Inc.  News coverage here.  This reflects the first lawsuit filed by Righthaven on behalf of a non-newspaper client that follows Righthaven's business model of finding infringing content online, obtaining the rights to copyrighted content, registering the copyright with the U.S. Copyright Office, and then filing a copyright infringement lawsuit -- in this case, the complaint states 50 separate claims for relief for direct copyright infringement and vicarious copyright infringement.    

Number of copyright Infringement Lawsuits Filed by Righthaven:
276
(as of July 13, 2011)

(Notes: One of the lawsuits reflects a new, amended complaint refiled against a previously sued Defendant -- Dean Mostofi -- after the Court dismissed Righthaven's original complaint for lack of standing.  All but one of the lawsuits filed have involved material published by the Las Vegas Review Journal or the Denver Post.  The lone exception to date is Righthaven LLC v. Rick Allec and RX Advertising LLC,, which appears to be the case where Steve Gibson, already representing the "original" coyright owner, Stevo Design, in a trademark infringement lawsuit, convinced his client to let Righthaven file a copyright infringement lawsuit involving 50 claims for direct/vicarious copyright infringement).

Estimated Total Money Settlements Righthaven's Efforts Have Earned to Date:
$352,500

(based on 141 cases closed as of June 22, 2011 that involved a written settlement with Righthaven and an educated guesstimate of an average of $2,500 settled per case)
(NOTE: settlement amount downgraded from $3,500 to $2,500 per case on July 1, 2011, in light of recent information regarding Righthaven's settlement of at least one case for $1000 and other known facts and circumstances)
(NOTE: Number of closed cases excludes those cases closed after being dismissed without prejudice by the court for lack of service, cases knowingly dismissed
by Righthaven without any action, cases closed via joint stipulation with no indication of a settlement (e.g. 134, 206), or cases closed after entry of final judgments in favor of Defendants)

Legal Fees and Sanctions Against Righthaven
(tracked by Righthaven Victims Blog)
$225,172.15
 (as of November 10, 2011)

Righthaven LLC v. Democratic Underground, LLC and David Allen, Case No. 10-cv-01356 (Filed August 10, 2010)
·         EFF's Docket Page
·          Answer and Counterclaims
·         Electronic Frontier Foundation (EFF) Press Release:   Political Forum Fights Back Against Righthaven Copyright Troll Suit
·         Righthaven's Motion for Voluntary Dismissal with Prejudice
·         Stephens Media’s Motion to Dismiss or Strike and Partial Joinder with Righthaven’s Motion for Voluntary Dismissal
·         Democratic Underground’s Brief in Opposition to Righthaven’s Motion for Voluntary Dismissal (to the extent it seeks to foreclose award of attorney’s fees) and in Support of Cross Motion for Summary Judgment
·         Democratic Underground’s Opposition to Stephens Media LLC's Motion To Dismiss And Joinder
·        Democratic Underground’s Supplemental Memorandum Addressing Recently Produced Evidence
·        Righthaven’s Motion for Reconsideration of Order Granting Democratic Underground Leave to File Supplemental Memorandum
·         Court Order Granting Defendants’ Request to Unseal Righthaven Agreement with Stephens Media
·         Defendants’ Supplemental Memorandum Addressing Recently Produced Evidence Relating to Pending Motions (Unsealed)
·         Strategic Alliance Agreement between Righthaven and Stephens Media
·         Order Dismissing Righthaven's Copyright Infringement Lawsuit for Lack of Standing
·         Court Order Denying Righthaven’s Application to Intervene

Righthaven LLC v. Wayne Hoehn, Case No. 11-cv-00050 (Filed January 11, 2011)  
·         Court Order Dismissing Righthaven’s Copyright Lawsuit For Lack of Standing and Fair Use
·         Court Order Granting Defendant Wayne Hoehn's Motion for Attorneys Fees
·         Defendant’s Motion for Writ of Execution Against Righthaven
·        Defendant’s Motion for Appointment of Receiver and Compelled Assignment of Intellectual Property in Partial Satisfaction of Judgment
·        Defendant’s Application for Order Scheduling Judgment Debtor Examination
·       Order Granting Defendant’s Application For Order Scheduling Judgment Debtor Examination and to Produce Documents
·       Court Order Granting Defendant’s Motion to Appoint Receiver and Compel Assignment of Intellectual Property

 Righthaven LLC v. Thomas A. DiBiase, Case No. 10-cv-01343 (Filed August 9, 2010)  
·         EFF's Docket Page
·         Defendant Thomas DiBiase’s Motion to Dismiss 
·         Defendant Thomas DiBiase’s Request for Judicial Notice 
·         Defendant Thomas DiBiase’s Answer and Counterclaim
·         Electronic Frontier Foundation (EFF) Press Release:  Criminal Justice Blog Battles Copyright Troll
·         Order Dismissing Righthaven’s Demand for Domain Name Transfer
·         Court Order Dismissing Righthaven’s Lawsuit Against Thomas DiBiase
·         Las Vegas Sun Article: Righthaven ordered to pay nearly $120,000 in attorney fees, court costs
·         Court Order Granting Defendant's Motion for Attorneys Fees
·        Defendant’s Motion for Debtor Examination and to Produce Documents

Righthaven LLC v. Center for Intercultural Organizing and Kayse Jama, Case No. 10-cv-01322 (Filed August 5, 2010)
·         Complaint
·         Defendants Reply to Plaintiff’s Opposition to Motion to Dismiss
·        Court Order for Righthaven to Show Cause Regarding Fair Use
·        Righthaven’s Response to Court’s Order to Show Cause Regarding Fair Use
·        Las Vegas Sun Article: Righthaven loses second fair use ruling over copyright lawsuits
·        Court Order Granting Summary Judgment in favor of Defendants Intercultural Organizing and Kayse Jama

Righthaven LLC v. Dana Eiser, Case No. 10-cv-03075 (D. S.C. December 2, 2010)
·         Complaint
·         Amended Answer and Counterclaims
·         Defendant’s Motion for Sanctions Regarding Website Seizure Claim
·          Las Vegas Sun Articles:  February 27, 2011; March 3, 2011
·          Correspondence between opposing counsel here and here
·          Second Amended Answer and Counterclaim

Righthaven LLC v. Vote For The Worst, LLC et al, Case No. 10-cv-01045 (Filed June 28, 2010)
·       Defendants' Reply in support of Defendants' Motion to Dismiss
·       Defendants' Motion to Dismiss For Lack of Subject Matter Jurisdiction (based on invalid copyright assignment after disclosure of Strategic Alliance Agreement between Righthaven and Stephens Media)

Righthaven LLC v. Jan Klerks and Stichting Wolkenkrabbers,  Case No. 10-cv-00741 (Filed May 19, 2010)  (Case Closed  02/18/11)
·         Motion to Set Aide Default (arguing that the Review Journal gave an implied license to repost its articles)
·         Order Granting Motion to Set Aside Default (describing "implied license" defense as Defendants' "most meritorious defense")
·          Las Vegas Sun Articles (9/5/10 and 9/20/10)

Righthaven LLC v. MajorWager.Com Inc,  Case No. 10-cv-00484 (Filed April 7, 2010)  (Case Closed  02/01/11)
·         Complaint
·         Motion to Dismiss
·         Court Order Denying MajorWager's Motion to Dismiss Righthaven Copyright Lawsuit

Righthaven LLC v. National Organization for the Reform of Marijuana Laws,  Case No. 10-cv-00351 (Filed March 15, 2010)   (Case Closed  07/12/10)
·         Complaint
·         Motion to Dismiss
·         Offer of Judgment (reflecting a settlement amount -- which was accepted by Righthaven -- of $2,185.95 based on the following calculation: no more than 247 persons could have viewed the copy of the article that appeared on NORML’s website, multiplied by the dollar amount charged by the Las Vegas Review Journal to purchase copies of the article from its news archive ($2.95), which was then tripled to remove any doubt regarding the reasonableness of the offer)