The Conservative Cave
Current Events => The DUmpster => Topic started by: franksolich on April 13, 2012, 06:45:09 PM
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http://www.democraticunderground.com/1002556318
Oh my.
Newsjock (8,992 posts) Profile Journal Send DU Mail Ignore
DU files against Stephens Media to recover $774,683 in Righthaven legal fees
Source: Vegas Inc (Las Vegas Sun)
Attorneys say the owner of the Las Vegas Review-Journal should be required to pay $774,683 in legal fees for what critics call a failed ''shakedown'' copyright infringement lawsuit that threatened the free speech rights of a political website.
The attorneys represent the Democratic Underground, a website that defeated Righthaven LLC, the R-J’s copyright enforcement partner, in one of Righthaven’s copyright infringement lawsuits.
... "Righthaven and Stephens Media had an improper motivation in the pursuit of this lawsuit and their litigation campaign more generally. They sought to shake down website operators and bloggers for nuisance-value settlements with threats of seizure of their domain name and huge statutory damage awards, regardless of whether those defendants’ uses of the works at issue were actually infringing,'' said a filing Tuesday in federal court in Las Vegas seeking recovery of legal fees by Democratic Underground attorneys. ''As to deterrence, an award of fees is necessary to dissuade these parties and others from any similar scheme of shakedown lawsuits threatening staggering statutory damage awards and seizure of websites. Righthaven and Stephens Media pursued these claims such that numerous instances of legitimate fair use, like that here, would necessarily be dragged into their litigation machine."
... Last month, the lawsuit was named the U.S. Copyright Case of the Year by the international publication Managing Intellectual Property.
Read more: http://www.vegasinc.com/news/2012/apr/11/review-journal-owner-facing-774000-fee-demand-righ/
Question.
Never mind; I'll ask it later.
annabanana (42,196 posts) Profile Journal Send DU Mail Ignore
3. GO for it!
Every last damn nickle. . .
NYC_SKP (40,186 posts) Profile Journal Send DU Mail Ignore
4. Wow- that shit will buy a LOT of Stars!
Skinner (55,258 posts) Profile Journal Send DU Mail Ignore
21. Actually, it won't.
If we recover any money, all of it will go to paying attorneys.
Jim Lane (2,799 posts) Profile Journal Send DU Mail Ignore
29. Quite appropriate, Skinner, and let's give a shout-out to those attorneys.
According to an earlier article in the Las Vegas Sun, DU was represented pro bono (without charge) by the Electronic Frontier Foundation, lawyers from Winston & Strawn (a big corporate-oriented law firm), and Las Vegas attorney Chad Bowers. These attorneys knew that they didn't have a certainty -- or even, in my guesstimation, a probability -- that they'd get paid.
I hope DU wins this motion, both to pay the attorneys and to stick it to the right-wing troglodytes who run the Las Vegas Review-Journal.
Okay, now my question.
If this case didn't cost Skins anything, how can he recover costs?
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Good question. I assumed the work was pro bono as well.
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Something tells me Mrs. Skimmer's brother is a lawyer.
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I was about to bring this one over just for this:
trof (41,372 posts) Profile Journal Send DU Mail Ignore
31. Do we get to split the proceeds amongst the members?
Boy, I hope so.
Dream on, loser.
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I was just about to bring this one over just for this:
Dream on, loser.
Typical of the mindset of the DUmmies, you get a check they want a cut of it. :-)
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trof (41,372 posts) Profile Journal Send DU Mail Ignore
31. Do we get to split the proceeds amongst the members?
Boy, I hope so.
ha ha ha ha :rofl:
What do you think this is, profit sharing? Get lost hoser.
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So Skin's island was represented at no charge by lawyers who hoped they would be reimbursed for their efforts by sueing later. I hope they don't get a dime, but they'll probably settle and get something.
.
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http://www.democraticunderground.com/1002556318
Oh my.
Question.
Never mind; I'll ask it later.
Okay, now my question.
If this case didn't cost Skins anything, how can he recover costs?
probably a no win no fee situation. They prevailed so now some Attorneys want to be paid. Doubtful they'll get 3/4 of a million but they most likely will get something.
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If costs are awarded, it'll go to the attorneys, not to Skins.
The 'Pro Bono' is between Skins and the attorneys, the judge can still award the attorneys the value of their work to slap down the loser for sticking with an unnecessary and stupid cause even though Skins isn't contractually obligated to pay them...it's done at times, and especially where there is a larger public issue being served beyond the squabble between just the two parties.
Actually, I wish the attorney's who represented Skins well in this, the RightHaven trolls were as big a pain in the ass to the Right as to the Left, and a drag on free discussion of current issues all around.
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Jim Lane (2,799 posts) Profile Journal Send DU Mail Ignore
29.
I hope DU wins this motion, both to pay the attorneys and to stick it to the right-wing troglodytes who run the Las Vegas Review-Journal.
Had nothing to do with right wing you DUmb ass. They were suing anyone they thought they could collect from.
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If costs are awarded, it'll go to the attorneys, not to Skins.
Unless the lawyer is Skimmer's brother-in-law.
In that case, it'll be split with Skimmer.
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trof (41,372 posts) Profile Journal Send DU Mail Ignore
31. Do we get to split the proceeds amongst the members?
Boy, I hope so.
Payments will be scaled according to the DU members post count. Get to spamming DUmmy trof.
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Good question. I assumed the work was pro bono as well.
I hate that term. It's redistributionist.
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I hate that term. It's redistributionist.
Why do you hate Sonny?
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If you can't win with facts....sue.
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Blood, turnip, SKins.
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Why do you hate Sonny?
:rofl:
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If costs are awarded, it'll go to the attorneys, not to Skins.
The 'Pro Bono' is between Skins and the attorneys, the judge can still award the attorneys the value of their work to slap down the loser for sticking with an unnecessary and stupid cause even though Skins isn't contractually obligated to pay them...it's done at times, and especially where there is a larger public issue being served beyond the squabble between just the two parties.
Actually, I wish the attorney's who represented Skins well in this, the RightHaven trolls were as big a pain in the ass to the Right as to the Left, and a drag on free discussion of current issues all around.
Definitely agree with you, DAT.
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trof (41,372 posts) Profile Journal Send DU Mail Ignore
31. Do we get to split the proceeds amongst the members?
Boy, I hope so.
Skimmer, in his benevolence, will give every member a star for a year.
150,000* members X 45.00 = 6.750,000.
Skimmer will make up the difference out of his pocket.
* 5000 is closer to the number of actual members
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Why do you hate Sonny?
I didn't mind him so much, now Cher And Chaz, not so sure about them.
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If you can't win with facts....sue.
Read the case,it's interesting. As much as I hate lawsuits I do think this one is justifiable, suing for attorneys fees that is