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PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS:

● Shot:

In the late 1980s the U.N. was already claiming the world had only a decade to solve global warming or face the consequences.

The San Jose Mercury News reported on June 30, 1989 that a “senior environmental official at the United Nations, Noel Brown, says entire nations could be wiped off the face of the earth by rising sea levels if global warming is not reversed by the year 2000.”

That prediction didn’t come true 15 years ago, and the U.N. is sounding the same alarm today.

“25 Years Of Predicting The Global Warming ‘Tipping Point,’” Michael Bastach, the Daily Caller, May 4, 2015.

● Chaser:

The Merc used to be one of the largest daily newspapers in the industry with upward of 400 reporters and editors, according to the Media Guild. After the latest round of buyouts and layoffs, the number of union-represented newsroom staff in the South Bay is down to 41. The East Bay papers are left with 65.

—“Bay Area News Group Hammered by More Layoffs, Resignations,” San Jose Inside, yesterday.

When we lived in the Bay Area, I recall getting telemarketing calls from the Merc’s boiler room begging us to subscribe on a seemingly daily basis. We invariably told them we get all our news online to fight global warming. I’d be more sympathetic to its current feeble state, if it wasn’t for the Mercury’s leftwing bias, its 1990s series of articles, that as Mona Charen wrote last month, asserted that “the crack epidemic in African-American neighborhoods was a plot orchestrated by the CIA,” and its 2010 involvement in the infamous Righthaven copyright troll of mom and pop bloggers.

RIGHTHAVEN DEAD: Judge orders failed copyright troll to forfeit “all” copyrights. “The irony of this? Perhaps those who buy the copyrights could issue DMCA notices to the Review-Journal stopping them from redistributing them?”

Make the rubble bounce.

HEH: You Could Make an Entire Semester Legal Ethics Class From Righthaven’s Problems.

MAKE THE RUBBLE BOUNCE: Righthaven’s lawyers now targets of State Bar investigation.

NOT LEARNING FROM EXPERIENCE: AP Finally Launches NewsRight… And It’s Righthaven Lite? Given that most bloggers link the AP for purposes of pointing out errors, it seems to me that AP should be paying them.

SWEET IRONY: Righthaven complains about ‘scorched-earth’ efforts to enforce judgments. Make the rubble bounce.

I HOPE THE DEATH IS PAINFUL AND PROTRACTED: Copyright troll Righthaven in its death throes, domain going up for auction. And I hope the principals wind up broke and in jail.

SHOWING THEIR USUAL SHREWD BUSINESS JUDGMENT: RIAA Thinking Of Backing Righthaven.

RIGHTHAVEN UPDATE: Judge scolds Righthaven lawyer, adds another $32,000 judgment. Good. Add a few more zeroes.

DONALD DOUGLAS: Beating Righthaven.

AND I’M LOVING IT: US Marshals turned loose to collect $63,720.80 from Righthaven.

SWIRLING DOWN THE DRAIN: 9th Circuit Rejects Righthaven’s Emergency Stay Appeal. “Righthaven requested the 9th Circuit Court of Appeals issue an emergency stay on an attempt by its creditors to execute judgment for the money Righthaven owes them. This was probably Righthaven’s last chance to avoid being forced into bankruptcy. According to Steven Green at Vegas Inc., the emergency stay motion was denied.”

COPYRIGHT TROLL RIGHTHAVEN pleading for mercy.

RIGHTHAVEN UPDATE: Judge: Righthaven lacked standing, abused Copyright Act.

RIGHTHAVEN UPDATE: Copyright Troll’s Assets Targeted for Seizure. I hope they end up broke and in jail. Which is how things seem to be going . . .

NEWSPAPER CHAIN DROPS RIGHTHAVEN: “It was a dumb idea.” Ya think?

WHERE’S KEVORKIAN WHEN YOU NEED HIM? Copyright Troll Righthaven Goes On Life Support.

IT JUST GETS BETTER: Righthaven Fined $5000 For Misleading Court.

I WARNED THEM NOT TO MESS WITH THE BLOGOSPHERE: More troubles for Righthaven.

NOW THAT’S JUST SAD: RightHaven Lawyer Says Browser Ate His Homework.

UH HUH: Righthaven Says It Owns News Articles It’s Suing Over — for Real This Time.

I KEEP WARNING PEOPLE NOT TO PICK ON BLOGGERS: Righthaven Loses As Federal Judge Rules Reposting Entire Article is “Fair Use.”

The lawsuit decided Monday targeted Wayne Hoehn, a Vietnam veteran who posted all 19 paragraphs of November editorial from the Las Vegas Review-Journal, which is owned by Stephens Media. Hoehn posted the article, and its headline, “Public Employee Pensions: We Can’t Afford Them” on medjacksports.com to prompt discussion about the financial affairs of the nation’s states. Hoehn was a user of the site, not an employee.

Righthaven sought up to $150,000, the maximum in damages allowed under the Copyright Act. Righthaven argued that the November posting reduced the number of eyeballs that would have visited the Review-Journal site to read the editorial.

“Righthaven did not present any evidence that the market for the work was harmed by Hoehn’s noncommercial use for the 40 days it appeared on the website. Accordingly, there is no genuine issue of material fact that Hoehn’s use of the work was fair and summary judgment is appropriate,” Judge Pro ruled.

The judge also said he took into consideration that only five of the editorial’s paragraphs were “purely creative opinions” of the author. . . . Pro’s decision came a week after a different Las Vegas federal judge threatened to sanction Righthaven, calling its litigation efforts “disingenuous, if not outright deceitful” when it came to standing. Standing is a legal concept that has enabled Righthaven to bring lawsuits on behalf of the copyrights owned by Stephens Media.

That blistering decision by U.S. District Judge Roger Hunt, the chief judge in Nevada, places into doubt Righthaven’s year-old business model, which is also under a Colorado federal judge’s microscope.

Hunt gave Righthaven two weeks to explain why he should not sanction it for trying to “manufacture standing.”

I hope these guys wind up broke and in jail. And that’s looking likelier all the time . . . .

RIGHTHAVEN now facing legal ethics problems.

RIGHTHAVEN’S CASE COLLAPSES: “Judge Hunt did not just dismiss Righthaven’s suit; he gave them two weeks to respond as to why they should not be sanctioned by the court and held liable for the legal fees of Democratic Underground. My hope is that once this is settled, there will be a massive dogpile of all the people that were intimidated into settling out of court with Righthaven, and the net effect will be both immediate bankruptcy for Righthaven, and perhaps the destruction of Stephens Media as well.”

COPYRIGHT TROLL UPDATE: RightHaven Defies Court In Domain-Name Ruling.

LOOKS KIND OF SHADY: Judge Unseals RightHaven Contract.

RIGHTHAVEN UPDATE: Copyright Troll Opens Doors To Mass Reposting. “Righthaven set out to punish bloggers who reposted articles, but a federal judge just ruled nonprofits have exactly that right. . . . Clearly this was not the intention of Righthaven, but it raises the question: in its over-reaching, has the law firm set a precedent that could damage the ability of content creators and news gatherers to control how their works are used, and to achieve fair compensation for their distribution?” Hey, maybe somebody should sue them!

ANOTHER LOSS FOR THE RIGHTHAVEN COPYRIGHT TROLLS.

CALL THE WAHMBULANCE! Righthaven accuses defendant of running up legal fees in copyright case. “Righthaven’s entire business strategy was built around using absurd legal fees to terrify Mom and Pop bloggers into coughing up thousands of dollars out of fear that Righthaven’s legal fees would bankrupt the defendants. Now Righthaven is getting a taste of their own medicine, and not liking it. If there is any justice in our courts (and I doubt that there is), Righthaven will be driven into bankruptcy and Steve Gibson will have to get a real job.” Don’t give up yet. And this is the first time I’ve found myself admiring Democratic Underground, but this is precisely how to respond to legal bullying.

PUNCHING BACK TWICE AS HARD: Media Bloggers Association Challenges Righthaven.

RIGHTHAVEN UPDATE: National bloggers’ group intervenes in copyright lawsuit campaign.

MORE COPYRIGHT TROLLING FROM RIGHTHAVEN, this time over images. I love that the image is reproduced in the story, with this note: “Image: Vdara ‘death ray’ graphic as it appears in a Righthaven court filing.”

BLOGGERS: Protecting yourself from the Righthaven copyright trolls.

PUNCHING BACK TWICE AS HARD: At Righthaven and Stephens Media. I love this: “The Review-Journal and Righthaven can’t legitimately complain about cutting and pasting of the type in the Democratic Underground case since Review-Journal writers regularly engage in that practice, he said.”

WHEN I SAW THE HEADLINE, I THOUGHT IT WAS RIGHTHAVEN: Hackers exact revenge on hated law firm that prosecutes copyright infringement claims.

AT OVERLAWYERED, A ROUNDUP: The Continuing Exploits of RightHaven.

RIGHTHAVEN UPDATE: A Firefox plugin that will block Stephens Media sites. (Bumped). If this spreads it could have a lasting impact. Usually, with boycotts, people forget after a while. With this plugin, the boycott stays until you affirmatively decide to stop.

UPDATE: A reader emails:

Glenn, I’m taking my Righthaven Response to the next level: I’ve asked my IT dept. to block all of the Stephens Media sites at our firewall. This will protect not just me, but my four thousand coworkers as well. Considering the danger of these frivolous and harmful law suits, it seems the only prudent thing to do.

Yes, you can’t be too careful about these things.

CLAYTON CRAMER’S THE ARMED CITIZEN has also been targeted by the “Righthaven” bullies. If you’d like to donate, here’s the link. Personally, I’ve sent a hundred bucks each to them and to Fred Pruitt’s Rantburg. I don’t like it when people go after bloggers.

UPDATE: A reader emails:

Why not put up a bleg?

Ask software developers to create a browser plug-in that warns the user before linking to a Stephens Media web site. The problem with an Internet boycott is that people click on links–and only rarely stop to wonder about the corporate affiliations of the site they’re linking to.

So let’s ask somebody to create a Firefox plug-in that does the heavy lifting for us–install the plug-in, and see a Javascript alert (“Do you really want to connect to the Total Flaming Assholes [tm] at the Las Vegas Review-Journal or other mind-sucking affiliate of that embodiment of evil, Stephens Media?”).

Any takers?

FRED PRUITT’S RANTBURG is now being sued by “Righthaven.”

Related: Bloggers boycotting Righthaven client?

BLOGGERS ORGANIZING AND standing up to the “Righthaven” lawuits. It’s generally a bad idea to threaten bloggers.

SUING BLOGGERS: This seems like a poor business plan to me. On the other hand, if your real goal is to silence the blogosphere . . . .

UPDATE: Reader Joseph Dorsett writes:

The main way that Righthaven can be finding these blogs is through analyzing traffic sources. The solution for that is to not use any media generated by Stephens Media. No links at all. No links to AP generated content either. There is so much material on the web that there is no need to link (and send traffic) to any organization inimical to the blogosphere.

Clearly these people have no idea on how consumers find their website and how traffic affects their ad revenue. As circulation of Dead Tree News declines it will be interesting to see if rags like The Review-Journal survive by biting the hand that feeds it.

Yeah, don’t look for me to send ’em much traffic in the future.

UPDATE: Some thoughts from copyright lawyer Ron Coleman.