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Tuesday, March 1, 2011 | 4:11 p.m.
A federal judge in Denver wasted no time Tuesday in granting Righthaven LLC copyright infringement lawsuit defendant Brian D. Hill an extra 20 days to beef up his answer to Righthaven's lawsuit.
Righthaven is the Las Vegas company that sues website operators and message-board posters over material from the Las Vegas Review-Journal and the Denver Post that's allegedly been re-posted online without authorization.
Of its 239 lawsuits, the suit against Hill over a Denver Post TSA pat-down photo has been receiving scrutiny lately because Hill, 20, says he has disabilities and can't afford to fight Righthaven or pay its $6,000 settlement demand.
Before he was represented by an attorney, the North Carolina man responded to the lawsuit by sending a letter to the federal court in Denver.
Attorney David Kerr in Fort Collins, Colo., who now represents Hill on a volunteer basis, charged in court papers Monday that Hill's initial response was inadequate.
Hill, of course, is no attorney and Hill says he has autism, hyperactive attention disorder and diabetes.
"As the defendant’s letter explains, defendant Hill apparently has a mental disorder that may, among other aspects, impact his legal status," Kerr wrote in his filing.
Despite all that, Kerr complained Righthaven wouldn't agree to give Kerr more time to file a more thorough legal response.
Senior U.S. District Judge John L. Kane sided with Kerr on Tuesday, giving him until March 21 to file an amended answer to the lawsuit.
"Although plaintiff argues defendant has already answered and refuses to consent to the relief sought, I find that justice requires the requested opportunity to amend and re-file this pleading," Kane wrote in Tuesday's ruling.
Kerr, who specializes in copyright and other intellectual property law, is plenty familiar with defenses other defendants have used against Righthaven including fair use and implied license. He's been critical of the Denver Post for working with Righthaven.
If the lawsuit isn't settled, it wouldn't be surprising to see Kerr drag the Denver Post and its parent, MediaNews Group, into the case with a counterclaim.
Such counterclaims are pending in federal court in Las Vegas against the Review-Journal's parent company, Stephens Media LLC.
What goes around... comes around Mr Gibson!
>>>Hill, of course, is no attorney and Hill says he has autism, hyperactive attention disorder and diabetes.
"As the defendant's letter explains, defendant Hill apparently has a mental disorder that may, among other aspects, impact his legal status," Kerr wrote in his filing.
Despite all that, Kerr complained Righthaven wouldn't agree to give Kerr more time to file a more thorough legal response.<<<<
Righthaven's plan, file tons of lawsuits, many will settle for dimes on the dollar, we have little cost and we make money.
Fact, less then half settle and that is for very small amounts. Costs are raising since they now have to answer cross complaints and go to court. They are also being sued by many of these higher powers that they did not know would take interest. That is going to cost money.
The easy money plan will not work in the long term. Betting we see them fold their tents soon and stop filing these suits.
Email to the offender works 99% of the time and costs almost nothing.
Chunky says:
"justice" being the key work in Kane's ruling.
There is no opportunity for "justice" when the Plaintiff works in such a heavy-handed fashion against Defendants who are generally unable to afford the same voice in the courts.
Righthaven has rarely ventured out so aggressively against Defendants who have the resources to fight a fair fight. Righthaven is the equivalent of the 250 lb fat kid in 8th grade picking on the 79 lb kid in 6th grade.
Where are the "Principals" who have to power to apply fair principles in our justice system?
That's what Chunky thinks!
Demanding that Brian stay with his initial filing before he had legal council proves that Righthaven has a warped sense of justice. This is the perfect case to not only hold Righthaven responsible but the Denver Post and News Media Group who as well. News Media Group thought that by not naming themselves as the plaintiff they would avoid the rightful criticism and liability that goes with it. News Media would be wise to admit their mistake and send Righthaven packing. (If they haven't already)
Despite the negative PR, it's my belief that Righthaven stands to net more than a million dollars on settlements alone. That's a pretty good return for the work that a few secretaries and flunky lawyers do.
American Justice Dot Org
American Justice Dot Org
A million dollars wouldn't be enough to keep them in business at all. Their expenses are mounting and their settlements have been relatively small and many of them will be noncollectable since Righthaven has targeted so many poor people. The number of cases filed has also tapered off and now almost exclusively are on this one photo. It appears they have not received any new copyrights of any import lately. I think their sources of copyrights may have dried up. The LVRJ and the Denver Post may now be reluctant to work with them seeing who they have targeted and the PR disaster this whole thing has become.
Of course, the UTTER irony is all this, is that newspapers are supposed to be out there to watch our backs and let us know who's trying to screw us over. Looks like the LVRJ and Stephens Media ARE the ones screwing people over!
where are you Sarge? no big deal? <grin>
> It appears they have not received any new copyrights of any import lately.
technically Reichhaven hasn't received may of the copyrights they claim to own. Or so says the pdf filings Steve posted the other day. That might end up being a back breaker along the way.
I also saw that in one of the counter-suits the attorneys are getting named individually, not just under the Reichhaven banner. That might have a chilling effect if it catches.
I've thought this was a doomed strategy from the start, however. I do like the description of death by a 1,000 paper cuts. lol
keep up the great work Steve ---- and you appear to be the "paper of record" on this. thanks!
Reichklaven will lose their profitability if everyone opposes their lawsuits and then people file BK if they lose. The business model doesn't understand human behavior.
Not everyone will flee in terror from the Nazis after being bombed by screaming Stuka Dive Bombers.