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StumblePR firm Kirvin Doak sued by Righthaven over Celine Dion story it promoted
Published Wednesday, Sept. 1, 2010 | 11:37 a.m.
Updated Wednesday, Sept. 1, 2010 | 9:41 p.m.
Sun archives
- Why we are writing about the R-J copyright lawsuits (9-1-2010)
- Settlement reached after judge refuses to dismiss copyright suit (8-31-2010)
- Judge questions Righthaven over R-J copyright suit costs (8-26-2010)
- Consumer group offers help to defendants over R-J copyright suits (8-25-2010)
- Righthaven CEO’s law firm in merger (8-24-2010)
- R-J accused of entrapment over copyright enforcement (8-23-2010)
- Blogger asks to pay $200 to close R-J copyright suit (8-20-2010)
- 2 lawsuits over R-J copyrights lift total to 100 (8-19-2010)
- Website operators use new defenses to fight R-J copyright suits (8-18-2010)
- Righthaven reaches settlements in 2 cases over R-J copyrights (8-12-2010)
- Righthaven sues Democratic Underground website over R-J posting (8-11-2010)
- 5 more websites sued over R-J story copyrights (8-10-2010)
- Websites, bloggers make moves to avoid Righthaven lawsuits (8-9-2010)
- Righthaven continues suits over R-J copyrights; 91 total (8-6-2010)
- State Democratic Party fighting R-J copyright lawsuit (8-5-2010)
- Legal attack dog sicked on websites accused of violating R-J copyrights (8-4-2010)
- Some targets of Righthaven lawsuits fighting back (8-4-2010)
- Are website copyright violations hurting newspapers' bottom line? (8-4-2010)
- Defendants in R-J copyright lawsuits speak out (8-4-2010)
- Five more R-J copyright lawsuits filed (8-3-2010)
- R-J mob source hit with copyright suit (7-27-2010)
- More copyright lawsuits filed over Review-Journal stories (7-23-2010)
- Conservative website among 3 sued over R-J copyrights (7-20-2010)
- 3 suits over alleged R-J copyright infringements bring total to 72 (7-16-10)
- 5 more suits filed over alleged R-J copyright violations (7-15-10)
- Nevada Democratic Party hit with R-J copyright lawsuit (7-9-10)
- 5 more websites face R-J copyright lawsuits (7-8-10)
- Six more suits filed over R-J copyrights (7-1-10)
- Three more websites hit with R-J copyright suits (6-29-10)
- R-J copyright suit filed against newspaper source (6-25-10)
- 3 more R-J copyright suits filed; defendant responds (6-10-10)
- 8 more websites sued over R-J copyrights; 34 total (6-5-10)
- Former news anchor among targets of new R-J copyright suits (5-30-10)
- 4 more copyright suits over R-J stories brings total to 22 (5-28-10)
- 4 more sites sued over alleged R-J copyright infringements (5-20-10)
- 14th website sued over R-J copyright allegations (5-17-10)
- More suits over alleged R-J copyrights bring number to 13 (5-14-10)
- Suits accuse groups of posting copyrighted R-J stories (5-5-10)
- Two more websites sued over posting of R-J stories (5-3-10)
- Sixth copyright suit filed over R-J stories on websites (4-26-10)
- 3 copyright suits filed over R-J stories on Web sites (4-16-10)
- Suits accuse 2 groups of posting copyrighted R-J stories online (3-17-10)
"Improving public relations" doesn't seem to be high on the to-do list at Las Vegas copyright enforcement company Righthaven LLC.
Righthaven, which has been suing website operators and bloggers for unauthorized online postings of Las Vegas Review-Journal material, on Tuesday sued Kirvin Doak Communications, a longtime source of news and advertising revenue for the Review-Journal.
Like a few other Righthaven defendants, Kirvin Doak was sued for posting a Review-Journal story on its website that appeared to include quotes and information Kirvin Doak made available to the Review-Journal and other news organizations.
According to research by In Business Las Vegas, a sister newspaper to the Las Vegas Sun, Kirvin Doak is the largest public relations firm in Las Vegas and is the city's sixth largest advertising agency.
The story at issue was announced by Kirvin Doak on Feb. 10: Celine Dion is returning to The Colosseum at Caesars Palace in March 2011 for a three-year residency.
A story by Review-Journal reporter Mike Weatherford published that day included quotes from Dion identical to quotes distributed nationwide by Kirvin Doak in a press release. The Review-Journal story was then posted on the Kirvin Doak website, with the Review-Journal and its writer receiving full credit for the information.
Kirvin Doak regularly directs readers to the websites of the Review-Journal, the Las Vegas Sun and other publications -- for instance using its Facebook page to promote stories involving its clients.
The Celine Dion story, in the meantime, is public knowledge after it was reported worldwide and can still be read for free on the Review-Journal website.
Nevertheless, Righthaven charged in its lawsuit that the posting of the story by Kirvin Doak has "caused and will continue to cause irreparable harm to Righthaven."
As it does in most of its lawsuits, Righthaven is demanding $75,000 in damages from Kirvin Doak and forfeiture of the company's website domain name.
Dave Kirvin, along with Bill Doak a partner at Kirvin Doak, said in a statement: "We have not seen the lawsuit, nor were we contacted by the Review-Journal in advance, but we have enjoyed a 20-year working relationship with the Review-Journal editorial and advertising staff without incident."
Another Righthaven copyright infringement suit is likely to be of interest to veterans and military service members and their families.
It was filed Tuesday against P.O.W. Network in Skidmore, Mo., the nonprofit operator of the pownetwork.org website offering information on and serving the families of prisoners of war and U.S. military personnel missing in action.
Supported by veterans, service members and companies supportive of veterans and the military, the P.O.W. Network was sued because four Review-Journal stories about a Las Vegas man accused of falsely portraying himself as a military hero, David M. Perelman, were posted on the pownetwork.org site. The Review-Journal was fully credited for these posts on the pownetwork website, court records show.
The pownetwork website shows dozens of such stories from all over the country are available on its website. The R-J stories at issue in the lawsuit can still be read for free on the Review-Journal website.
Righthaven, however, again charges in its boilerplate lawsuit language that the alleged infringements "have caused and will continue to cause irreparable harm to Righthaven."
A request for comment was placed with P.O.W. Network and its president, Charles Schantag.
These were among seven Righthaven lawsuits filed Tuesday in federal court in Las Vegas over allegedly unauthorized postings of Review-Journal stories, lifting the company's lawsuit total to at least 114 since March.
Also sued were:
--American Political Action Committee and Alan Gottlieb in Bellevue, Wash., who allegedly have a website called www.ameripac.org.
--Brett Edmunds, whom Righthaven says is associated with a Nevada wrestling site called www.topfreeforum.com/nevadawrestling.
--Michael Nystrom, who has a website about politician Ron Paul called www.thedailypaul.com.
--Steven Gilbert, who has a website called www.sweetness-light.com.
--Americans for Legal Immigration Political Action Committee (ALIPAC) and William Gheen in Raleigh, N.C.
Gheen fired back Wednesday, saying in a press release that ALIPAC is the nation's third-largest "grassroots organization fighting for secure borders," calling the Righthaven legal complaint "an ambush lawsuit" and saying he was looking into taking legal action against the Review-Journal and Righthaven.
ALIPAC says it hosts the "largest archive of information in existence on the topics of border security and illegal immigration."
"We stand ready to defend our free political speech and the free speech of all Americans against predatory companies like Righthaven and biased newspapers that would use the courts to try to generate revenue and silence the free speech of Americans," Gheen, president of ALIPAC, said in a press release. "We intend to defend our organization, our rights, and our good name with every possible resource."
"Righthaven is suing ALIPAC over an article titled 'Latino Summit: (Sen. Harry) Reid addresses Hispanic issues,' which ran in the Las Vegas Review-Journal on Feb. 18, 2010. The article describes Reid's promises to a Latino group that he would support a form of amnesty for illegal aliens in America," the press release said.
"Righthaven is asking a judge to give it full control of ALIPAC's Internet domain www.ALIPAC.us, which would allow them to shut down the entire website over the article about Sen. Reid's support for amnesty.
"Righthaven LLC is a new company formed in March of 2010 that goes around filing lawsuits without warning against bloggers hoping for a quick settlement of $3,000-$5,000.
"ALIPAC archives articles from online publications as part of the group's rights under the Fair Use Act and as expressions of the group's members' freedoms of political speech. In the six years ALIPAC has been in operation, no other media outlet or company has chosen to challenge ALIPAC's rights in court, although materials from all major news publications are archived at www.ALIPAC.us.
"In the few cases where source publications have requested the removal of materials, those requests have been granted by ALIPAC. ALIPAC received no request from Las Vegas Review-Journal or Righthaven, just an ambush lawsuit.
"ALIPAC's archives have revolutionized the Internet's long-term memory on subjects regarding illegal immigration. The archives are utilized without charge by American citizens, lawmakers, candidates, reporters, law enforcement agents, students and others seeking greater knowledge about this important national issue," the press release said.
"For American citizens to make proper choices and to be able to understand a complex political issue like illegal immigration, they need full access to articles and information across a period of many years," Gheen said in the news release. "Our non-profit political action committee will not stop providing this service to American citizens as our volunteer work is a critical element of a national political debate. We are seeking legal representation today to defend our rights and to look into filing lawsuits against Righthaven and the Las Vegas Review-Journal for attempting to violate our civil rights and trying to prevent our public participation.
"We will not allow ourselves or the online communities of America debating political issues to be intimidated or silenced by the aggressive legal ambush tactics of Righthaven and Las Vegas Review-Journal," Gheen said. "Americans for Legal Immigration PAC will be reaching out to supporters across America for financial and legal assistance in this matter."
Messages for comment were left with the other defendants.
Jeff Buckner, who was sued last week by Righthaven, in the meantime has responded to the allegations against him.
Righthaven says in its lawsuit that Buckner has a website called www.jeffbuckner.us/mrchipper. That site allegedly displayed without authorization a May 25 Review-Journal story about the Lady Luck property in downtown Las Vegas.
Court records show the only credit the Review-Journal received on Buckner’s website was the reporter’s tagline.
Buckner also has a website called www.mrchipper.com, covering his hobby of collecting casino chips and gaming tokens.
"The blog entry has been deleted from the website," Buckner told the Las Vegas Sun.
"I certainly meant no harm in reproducing the article and I receive absolutely no monetary benefit from the posting of such items. I merely thought it was an interesting article about the resurrection of a piece of 'Old Vegas' history that could be shared," he said.
"I retain no hard copies or digital copies of the article. I am glad you contacted me about this, since this is the first communication I have received regarding this matter. I will not post any articles in the future, I will simply enjoy them as they are," Buckner added.
Separately on Wednesday, Review-Journal Publisher Sherman Frederick wrote in a blog that the company's copyright enforcement initiative has not resulted in a loss of traffic to the Review-Journal website.
Frederick compared his company's policy of suing copyright infringers to that of the Las Vegas Sun and other Greenspun Media Group publications, which upon finding infringements typically request that the material be taken down and be replaced with a link.
"Since we've gotten tough with content stealers by using a company called Righthaven, which has developed software to effectively identify and sue copyright infringers, we've seen no erosion in revenue or traffic to our website. And, even if we did, the loss of the Review-Journal's unique content, which drives our franchise in both print and the web, would far outweigh the benefit of rewarding a content thief with a link," Frederick wrote.
"So, I'm asking you nicely once again — don't steal our content. Or, I promise you, you will meet my little friend called Righthaven,'' Frederick concluded.
Discussion: 10 comments so far…
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Good, sue those whiny Veteran's groups, I'm tired of them complaining. It has been a volunteer military for almost 40 years...so if your over 60 and were drafted you may have a beef, otherwise you signed up if you don't like it go to Russia, love it or leave it...as they used to say.
Where in the Constitution does it say Veterans get "Benni's?"
Keep up the great journalism, Steve. As someone committed to the idea of "fair use," I appreciate your ongoing coverage of this issue.
This lawyer is a Stage IV tumor.
Now that the EFF involved we should see some interesting court cases.
I also think Righthaven is going to have a hard time defending the argument that it is cost prohibitive to send a takedown request first. Just how much does and email cost?
mred, for someone who so obviously enjoys the right of free speech you certainly go to extremes in advocating that others not be able to do the same.
Speaking as a vet, I detest your opinions in most cases, but I have, and will continue to fight for your right to express them.
Sue your sources, always a smart thing for newspapers to do.
"Where in the Constitution does it say Veterans get "Benni's?""
___
Where in the Constitution does it authorize the U.S. Air Force? All I see is "army" and "navy" (Article I, Section 8). Consequently, the 1947 National Security Act, which established the U.S. Air Force as a separate DoD entity, is "unconstitutional."
Quick, mred, go tell Sharron Mangle. Maybe she can put the Air Force on her abolishment list along with EPA, DOE, IRS, and Educ, to help her get some of the SS "Lockbox" money she's promising.
These articles are a joke, and so was the writer's description of why they're publishing them. It's obviously a beef between the Sun and the RJ.
Please quit with these articles, along with the Paris Hilton nonsense, and stick to the stuff that matters to the community.
Wow! What a nightmare for Bob Brown. I gaurantee they will pull all advertising from the RJ.......Dummies
Give someone enough rope....
The Sun better get ready to take over the RJ.
@improveLV: get a clue. Or at least refrain from being the judge of "what matters to the community." This is a NATIONAL story, not just a local one. Furthermore, if you are tired of reading about Righthaven, don't. No one is forcing you to read - or comment - on them.
I wonder how much Righthaven has calculated fighting those in courts who has the money to fight back like Kirvin Doak will cost them to defend vs. what they'll be making. Sooner or later these guys are going to go after an agency that the local judges have a relationship with be it editorial or familial. "Irreperable harm?" You know who's in harm? The actual lawyers who work for these schmucks when one of those sued will get on a plane and knock them on their cans!
"Keep up the great journalism, Steve. As someone committed to the idea of "fair use," I appreciate your ongoing coverage of this issue."
This is hilarous.
It just shows how one-sided the articles by the Sun are.
I am sure there are many readers who read the Sun's articles who have been fooled into thinking that these copyright infringement cases have fair use defenses.
The stories lack any balance....the pure hatred of the LVRJ comes through loud and clear.
The Sun is giving the impression that copying and pasting all or a significant portion of articles is fair use.
This probably is giving the impression to the readers that one can copy and paste Sun articles at will and without permission.
Nice touch on giving the readers an implied license to use Sun copyright material without permission.
Nice......keep up the great reporting.
Go world.....go copy and paste Sun material.
They give the readers the impression that is fair use.
The ALIPAC case clearly has nothing to do with freedom of speech. They DO have the freedom to say what they think about immigration and border security but it is "their own words" that they have the right publish on their website. They DO NOT HAVE THE RIGHT to take the creative works of someone else and publish them on their website. And to try to use the guise of freedom of speech for their copyright infringement is a complete mockery of the first amendment.
These Righthaven hacks are out of control.
Oh SgtRock: Give it a rest. You act like you are an expert, when in actuality you are a long winded legal hack with too much time on your hands. Heck, for all I know, you are Sherm in disguise. Or perhaps even whats-his-name from Righthaven. You seem bent on insisting that all, or even most, of these web sites are out and out copying stories. If you read the coverage more closely, you'd see that they aren't. Furthermore, if you hate the Sun's coverage so much, just stop reading instead of going on, and on, and on about how much you despise the Sun. It's old. And tiresome. And really played out. You're going give yourself a coronary.
" You seem bent on insisting that all, or even most, of these web sites are out and out copying stories. If you read the coverage more closely, you'd see that they aren't"
Thanks again.
Another post that shows the one sided nature of the article and the fact that koolaid readers are getting fool by the hatred by the Sun of the LVRJ.
ALL the cases.....like in 100%.....the defendent has copied all or a significant part of a LVRJ story and posted it on their site.
You have been tricked by the Sun reporting.
Stop being a puppet.
Start using the that organ that is between your ears.
To be fair a little to the Sun....they do at least hint that the defendants have copied and pasted all or a significant part of the LVRJ. On the other hand to be fair to you, you have to really read between the lines to see it.
So you can blame their poor reporting if you want to.
Or you can blame yourself.
Again, give it a rest. Honestly, you bore me.
Follow your own advice...."Furthermore, if you are tired of reading about Righthaven, don't. No one is forcing you to read - or comment - on them."
Just replace "Righthaven" with "SgtRock" and then you will be a happy but dumb camper.
It would be interesting to hear what the Review-Journal's reporters think of these suits. I can imagine at least a few of them might be seeing some of their sources dry up in protest.
I would bet, though, that the Kirvin suit will be dropped fairly quickly considering the advertising revenues that come from the firm. The RJ and Righthaven has the right to sue anyone they want, I suppose, and while I think these suits are absolutely the wrong way to handle the problem, suing a company that buys ad space from you and provides revenue is downright stupid.
Righthaven just recently added another client, this one based in Arkansas.
http://www.wired.com/threatlevel/2010/08...
Wired referring to Righthaven as being a "copyright troll" is dead on.
This is way bigger than a national issue, as it's global because of the internet. This has ramifications for pretty much every website.
I just hope Kirvin Doak tells the LVRJ that they've lost a client. The way this is going, it's only a matter of time before Righthaven butts head with one of the big boys and gets smacked down.
I can understand going after those that habitually post full articles or more than a brief excerpt (especially without providing proper credit and a link to the full article), but at least give them the opportunity to rectify the situation before resorting to what basically is extortion on the part of Righthaven. As the old saying goes, "you can catch more flies with honey than with vinegar". By acting like the schoolyard bully, Righthaven and Stephens Media have attracted a lot of unwanted attention.
It looks like the Sun finally got to Sherm: http://www.lvrj.com/blogs/sherm/Protecti....
"For American citizens to make proper choices and to be able to understand a complex political issue like illegal immigration, they need full access to articles and information across a period of many years," Gheen said.
THIS IS PRECISELY WHY SOCIAL CHANGE NON-PROFITS "COLLECT" AND "ARCHIVE" NEWS ARTICLES.
Go get'em ALIPAC! I hope Gheen has the honor of hammering the last nail in the Righthaven COFFIN!
Look, a newspaper developing new ways of getting revenue without suing its readers:
http://www.niemanlab.org/2010/09/the-new...
This is positively despicable. The R-J takes direct quotes from press releases, prints them in their papers, and then tries to sue the public relations agency for posting the article on their website (when FULL credit is given)?
What a disgrace to journalism. This paper is looking for quick cash and nothing else. If they actually had any integrity, then they'd be more focused on true investigative journalism rather than going after innocent non-profits and other non-guilty organizations. They really should be ashamed of themselves.
It's be one thing if they sent a cease and desist and then sued. it's obviously a money making scam. Read the comment section of Sherm's little blog, he sounds like a whiny juvenile little b****.