Anti Federalist
11-02-2011, 01:07 PM
Looks like it's lights out for these trolls, thankfully.
There's some justice left in the land.
US Marshals turned loose to collect $63,720.80 from Righthaven
http://arstechnica.com/tech-policy/news/2011/11/us-marshals-turned-loose-to-collect-6372080-from-righthaven.ars
Looks like it's time to turn out the lights on Righthaven. The US Marshal for the District of Nevada has just been authorized by a federal court to use "reasonable force" to seize $63,720.80 in cash and/or assets from the Las Vegas copyright troll after Righthaven failed to pay a court judgment from August 15.
Righthaven made a national name for itself by suing mostly small-time bloggers and forum posters over the occasional copied newspaper article, initially going so far as to demand that targeted websites turn over their domain names to Righthaven. The several hundred cases went septic on Righthaven, however, once it became clear that Righthaven didn't own the copyrights over which it was suing. Righthaven, ailing, was soon buffeted by negative court decisions as a result.
In August, the case Righthaven v. Hoehn was tossed by a federal judge in Nevada, who went a step further and declared that defendant Wayne Hoehn's complete copy of a newspaper article in a sub-forum on the site "Madjack Sports" was fair use. On August 15, the judge awarded $34,045.50 to the Randazza Legal Group, which represented Hoehn. Righthaven, which had spent so much time thundering to defendants about just how badly the federal courts would make them pay... didn't pay.
Instead, it filed a flurry of appeals alleging (among other things) that having to pay the money would involve "the very real threat of being forced out of business or being forced to seek protection through bankruptcy." Righthaven contended that it could eventually win the case on appeal and thus should not be bankrupted before it had the chance to make its case.
But the increasingly disorganized organization couldn't even get its appellate filings in on time. Yesterday, Righthaven had to admit that it missed the October 31 deadline for its opening brief in the case. It blamed the problem on a "misunderstanding," then noted it would need a few more weeks to actually write the brief, since "Righthaven’s counsel is scheduled to undergo a surgical procedure for which it is estimated that he will be recovering outside of the office for approximately one week."
Randazza shot back that Righthaven was "prolonging the appellate process by deliberately creating a manufactured deadline crisis. It is nobody’s fault but Righthaven’s that it cannot file a single opening brief with this Court within the original briefing schedules Righthaven knew of, and could have reviewed at any time." All the while, Randazza Legal Group was ringing up more fees with every brief it wrote.
The appeals court has refused to act on Righthaven's request to delay its August judgment further, and the money was due last Friday. When it didn't show up, Randazza Legal Group went back to the Nevada District Court to request a Writ of Execution to use the court's enforcers, the US Marshals, to collect the money. The court clerk issued the writ today, and Righthaven's $34,045.50 judgment has now ballooned to $63,720.80 with all the additional costs and fees from the delay.
I spoke to Marc Randazza this evening, who tells me, "We're going to enlist the US Marshal in making sure this court's order has some meaning." He looks forward to heading over to Righthaven's offices as soon as possible. Should Righthaven not have the cash in its bank accounts, the writ allows Randazza to "identify to the US Marshal or his representative assets that are to be seized to satisfy the judgment/order."
There's some justice left in the land.
US Marshals turned loose to collect $63,720.80 from Righthaven
http://arstechnica.com/tech-policy/news/2011/11/us-marshals-turned-loose-to-collect-6372080-from-righthaven.ars
Looks like it's time to turn out the lights on Righthaven. The US Marshal for the District of Nevada has just been authorized by a federal court to use "reasonable force" to seize $63,720.80 in cash and/or assets from the Las Vegas copyright troll after Righthaven failed to pay a court judgment from August 15.
Righthaven made a national name for itself by suing mostly small-time bloggers and forum posters over the occasional copied newspaper article, initially going so far as to demand that targeted websites turn over their domain names to Righthaven. The several hundred cases went septic on Righthaven, however, once it became clear that Righthaven didn't own the copyrights over which it was suing. Righthaven, ailing, was soon buffeted by negative court decisions as a result.
In August, the case Righthaven v. Hoehn was tossed by a federal judge in Nevada, who went a step further and declared that defendant Wayne Hoehn's complete copy of a newspaper article in a sub-forum on the site "Madjack Sports" was fair use. On August 15, the judge awarded $34,045.50 to the Randazza Legal Group, which represented Hoehn. Righthaven, which had spent so much time thundering to defendants about just how badly the federal courts would make them pay... didn't pay.
Instead, it filed a flurry of appeals alleging (among other things) that having to pay the money would involve "the very real threat of being forced out of business or being forced to seek protection through bankruptcy." Righthaven contended that it could eventually win the case on appeal and thus should not be bankrupted before it had the chance to make its case.
But the increasingly disorganized organization couldn't even get its appellate filings in on time. Yesterday, Righthaven had to admit that it missed the October 31 deadline for its opening brief in the case. It blamed the problem on a "misunderstanding," then noted it would need a few more weeks to actually write the brief, since "Righthaven’s counsel is scheduled to undergo a surgical procedure for which it is estimated that he will be recovering outside of the office for approximately one week."
Randazza shot back that Righthaven was "prolonging the appellate process by deliberately creating a manufactured deadline crisis. It is nobody’s fault but Righthaven’s that it cannot file a single opening brief with this Court within the original briefing schedules Righthaven knew of, and could have reviewed at any time." All the while, Randazza Legal Group was ringing up more fees with every brief it wrote.
The appeals court has refused to act on Righthaven's request to delay its August judgment further, and the money was due last Friday. When it didn't show up, Randazza Legal Group went back to the Nevada District Court to request a Writ of Execution to use the court's enforcers, the US Marshals, to collect the money. The court clerk issued the writ today, and Righthaven's $34,045.50 judgment has now ballooned to $63,720.80 with all the additional costs and fees from the delay.
I spoke to Marc Randazza this evening, who tells me, "We're going to enlist the US Marshal in making sure this court's order has some meaning." He looks forward to heading over to Righthaven's offices as soon as possible. Should Righthaven not have the cash in its bank accounts, the writ allows Randazza to "identify to the US Marshal or his representative assets that are to be seized to satisfy the judgment/order."