Righthaven's idea of trying to get a "gag order" in cases it is about to lose suggests that this whole episode of copyright trolling is more than just a "business model" to enforce copyright law; it wants to become a way to gag low-cost competition! You'd have to be careful about this possibility in promoting tort reform (which Gov. Perry commendably wants to do).
May 23, 2011: Update: Read on Scribd: Reply by Brian D. Hill to Righthaven's "gag order" demands. It makes for interesting reading. Link.