Saturday, April 23, 2011
Righthaven demands all domain names and related assets, despite prior federal court rulings
In the latest flap of Righthaven, apparently the “copyright troll” has upped the ante in a lawsuit April 21 against Tony Carl Loosle and TCS, at least one publication of which is Las Vegas Info, here.
According to a story April 22 by Kurt Opsahl at Electronic Frontier Foundation, Righthaven is demanding (again) the domain name, and adding to the demand, all domain names belonging to the defendant and all computer hardware used in the supposed infringement. That is, the litigation takes on the malicious nature of trying to shut down the defendant from ever publishing again.
That certainly comports with a theory that copyright trolling of bloggers sounds more like an attempt by relatively marginal newspapers to eliminate low-cost competition.
EFF points out that Section 505 (link) in the Copyright Code has nothing to do with domain names; Rule 64 in Civil Procedure, in "my reading", might just be vague enough to allow some such extension.
Federal courts have already previously denied domain name seizures.
The Electronic Frontier Foundation story link is here.
What’s even more amusing is another story, in Vegas Inc, that Righthaven has claimed that defedants have lifted stories out of competitor Las Vegas Sun (Steve Green), which has covered the Righthaven litigation in detail since it started. The Sun has not chosen to join the effort to troll (and so far, larger mainstream newspapers have not).
I still wonder how Righthaven looks on a lawyer’s resume. Talk about online reputation.
Note: Please revisit my April 14 posting for more info on the Foreclosure Blues situation, since I posted it first ("update" at the bottom.)