courts:

Righthaven backed into a corner; copyrights to be auctioned

Copyright lawsuit filer Righthaven LLC of Las Vegas faced more problems Monday after a federal judge granted a defendant’s motion that Righthaven be placed under control of a receiver and that its copyrights be auctioned off, giving it nothing to sue or appeal over.

U.S. District Judge Philip Pro granted the motion made by attorneys for defendant Wayne Hoehn, who said a receiver was needed to run the company and that its assets should be auctioned.

That was after Righthaven failed to pay their attorney’s fees and U.S. Marshals were unable to round up enough Righthaven assets to cover their fees totaling more than $63,000.

Pro noted in his one-page order that Righthaven hadn’t responded to the Nov. 14 receiver and copyright auction request.

A request for comment was placed with Righthaven.

A U.S. magistrate judge on Monday also ordered that Righthaven CEO Steven Gibson and his wife, Raisha “Drizzle” Gibson, appear in court on Jan. 5 “and provide testimony under oath concerning the location of Righthaven’s assets.”

Righthaven in past has typically responded to such threats to its survival with appeals or threats to file for bankruptcy. If Righthaven doesn’t appeal or file for bankruptcy, it could see appeals pending before the 9th and 10th U.S. Circuit Courts of Appeals evaporate because others could buy its copyrights, giving Righthaven nothing to sue and appeal over.

Righthaven is the copyright enforcement partner of the Las Vegas Review-Journal and formerly of the Denver Post. Since March 2010, it has filed 275 no-warning infringement lawsuits, only to suffer a series of legal defeats based on its lack of standing as the newspapers maintained control of the material Righthaven was suing over.

Righthaven has also suffered four losses under the fair use doctrine of copyright law, meaning defendants were allowed to use Review-Journal material in full or in part in those cases without authorization from the R-J.

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  1. Betting Righthaven files BK to stall off the sell of the copyrights. Also betting one of their "partners" will be bidding if there is an auction so they can retain the use of their copyrights.

    This is about to get a lot more interesting but have a feeling no one is going to get anything and Righthaven is going to end up walking away from all of this.

  2. Steve G --- let us know when the auction is --- I know I'd be front and center for one of these gems. lol

    It's almost heartening to see that in one case at least that greed met resistance and lost.

  3. NICE.......couldn't have happened to a better organization. They participated in questionable business practices, thought they could slip out of the legal rulings that would have been binding for any other party, and continue business as normal. The courts actually got this one right..........

  4. We can all go to the auction and bid $1.00 for the copyrights. LOL!

  5. I would like to see someone buy copyrights then sue Stephens Media and Media News group for copyright infringement. Poetic Justice.

  6. HA well the so-called "conservative" LVRJ seems to have bet on the wrong horse - AGAIN! LOL!

  7. >>I would like to see someone buy copyrights then sue Stephens Media and Media News group for copyright infringement. Poetic Justice.<<

    which is why the RJ will be the winning bidder on every item --- or one of their confederates will. SM can't let them get away. I mean if they do they've determined the value of a news article ain't a lot --- and certainly far short of the $150K they were asking.

    now wouldn't it be funny if a few real money guys came to drive up prices. lol

  8. Put 'em on Ebay.

  9. The Randeeza's should stipulate that Stephens Media nor Media News Group are eligible to bid. However the price they pay if they do end up having to buy them back will serve them right.

  10. Even more important is Stephen Gibson will be required to account for Righthaven's financing under oath. This is where it will bet really interesting.

  11. Something tells me this is going to backfire.on Randeeza.