Archive for September, 2010

The continuing exploits of RightHaven

RightHaven, the copyright mill which sues unauthorized online reprinters of Las Vegas Review-Journal material without bothering with such courtesies as notice or takedown requests, has now sued more than 100 blogs, online discussion sites, small businesses, community groups, and other defendants (sample: an EMT blog.) Among newer targets is Nevada GOP Senate hopeful Sharron Angle, whose candidacy the paper has endorsed [Politics Daily]. The Las Vegas paper, which has been identified in the past with a conservative editorial line and even sometimes with the cause of lawsuit reform, is apparently of the opinion that suing bloggers and other online mentioners will get it linked to more often [TechDirt]. A site named RightHavenLawsuits.com has compiled what it intends to be comprehensive lists of the lawsuits and of news and opinion coverage of the phenomenon.

Other recent developments: a regional newspaper chain of which the Arkansas Democrat-Gazette is the best-known unit has apparently signed on as a second major client with RightHaven [“We’re up to our armpits in Righthaven defendants,” a referral coordinator for the Electronic Frontier Foundation says; Wired] TechDirt looks into the question of why the company demands the domain names of groups it sues. Ways of protecting oneself before the fact are bruited at Instapundit, Daily Pundit, and Las Vegas Trademark Attorney. More commentary: Legal Ethics Forum (on a grievance filed with the Nevada state bar against RightHaven CEO Steven Gibson), No Lawyers – Only Guns and Money, Las Vegas Sun. A few weeks ago at Cato at Liberty I compared the RightHaven business model to that of ADA filing mills, patent trolls, and the California subculture of entrepreneurial lawsuits against small businesses and school districts over paperwork violations.

Web seminar: “Legal PR, Trial Lawyers’ Style”

I appeared in this Washington Legal Foundation web video yesterday. I discussed ways in which the rise of online media has helped correct some of the deficiencies of the older media in covering controversies like that over “unintended acceleration”. The other presentation on the video is by Andrew Trask of McGuire Woods and the Class Action Countermeasures blog. Viewing is free but you’ll need to register.

“Evidence of fraud mounts in Ecuadorian suit against Chevron”

Roger Parloff of Fortune has this excellent summary of where the controversy stands. Before the new revelations, it had been taken for granted in many quarters that the large oil company was guilty as charged in the environmental suit — not least because a widely hailed independent documentary film advanced that position, as did “a sympathetic 12,600-word article for Vanity Fair in 2007.” But here’s what a U.S. Magistrate Judge said in a ruling last week: “While this court is unfamiliar with the practices of the Ecuadorian judicial system, the court must believe that the concept of fraud is universal, and that what has blatantly occurred in this matter would in fact be considered fraud by any court. If such conduct does not amount to fraud in a particular country, then that country has larger problems than an oil spill.” It’s sad to think we might have to start reading those 12,600-word Vanity Fair articles with a more skeptical eye.

“High Court to Decide Whether Climate Change Cases Should Proceed”

The Supreme Court takes a look at curtailing lawsuits aimed at punishing or regulating carbon emissions, and might even revisit its pro-environmentalist ruling in Massachusetts v. EPA. [Marcia Coyle, NLJ] Related: “Call for Papers: Civil Litigation as a Tool for Regulating Climate Change” [Valparaiso University School of Law via TortsProf]

September 17 roundup

  • International House of Pancakes (restaurant chain) vs. International House of Prayer (church) [CNN]
  • “Law Schools Now Require Applicants To Honestly State Whether They Want To Go To Law School” [The Onion, satire]
  • “As ENDA Lingers in Congress, a [million-dollar verdict] in Maine” [Michael Fox]
  • Fear: On advice of FBI, cartoonist who organized “Everybody Draw Mohammed Day” drops out and changes name [Seattle Weekly, Welch, Moynihan]
  • University of Windsor lawprof asks Ontario Human Rights Tribunal to overturn school’s decision not to make her dean [National Post]
  • Prominent Seattle lawyer arrested, and do-you-know-who-I-am-ery allegedly ensues [Above the Law]
  • “Man rushed to hospital after finding tampon in his cereal” [Obscure Store, Macon Telegraph] Update: suit dropped.
  • Manufacture iPhones in the U.S.? “I worry America has too many lawyers. I don’t want to spend time having people sue me every day.” [Foxconn’s Terry Gau, quoted in Business Week]