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0 Subject: Stephens Media Net Trap

Posted by: Boldwin
- [42830618] Mon, Sep 06, 2010, 19:31

If I have this story right, anyone cut-n-pasting material from any of Stephen's Media's 90 outlets could put Dave Hall [or themselves] at risk for a lawsuit from a company set up to do just that.

The threat, Righthaven.

Here is the Firefox solution to prevent you from accidentally getting in trouble.

Also discussed here

Yes this is the same Stephens family infamous for involvement in Clinton scandals, Walmart, Tysons, Alltel/Systematics, Waste Technologies Industries, Mochtar Riady and scandalous superconglomerate-Beverly Nursing Homes.
1Mattinglyinthehall
      ID: 37838313
      Mon, Sep 06, 2010, 19:49
That solution simply prevents Firefox from accessing any Stephens Media sites. I don't know how many people use Firefox but you could go through the list in B's 3rd link and manually block all of those sites from your browser.

I doubt there's a way for Guru to prevent contributers from pasting material from those sites.

I'm sure PD knows more and has better access to info about this than I do, but I'm pretty sure you have nothing to worry about if you're just linking one of those sites. I don't know what's in the suits but most blogging resources I've seen which warn you against getting into that kind of trouble recommend you only paste the first paragraph or a brief excerpt from a news article.
2Boldwin
      ID: 42830618
      Mon, Sep 06, 2010, 20:12
most blogging resources I've seen which warn you against getting into that kind of trouble recommend you only paste the first paragraph or a brief excerpt from a news article

AFAIK that should protect you but we haven't been real rigorous about following that policy and we'd best avoid that minefield altogether.

One of those sites I listed does go into blocking in other browsers. Not my forte.
3Boldwin
      ID: 42830618
      Mon, Sep 06, 2010, 20:14
By all means run off to Soros' Media Matters and prove to me there is no Stephens Media. You wouldn't want to break your habits.
4Mattinglyinthehall
      ID: 37838313
      Mon, Sep 06, 2010, 20:24
#3: Typically I only bother if something poted smells fishy to me, which this doesn't. Further, WND links to a more comprehensive article at Wired, an outlet I tend to trust on such matters.

I've also linked the Wired article at Facebook.
5Mattinglyinthehall
      ID: 37838313
      Mon, Sep 06, 2010, 20:33
Blogger News
Adding fresh insult, Righthaven LLC also demands that the domain name of the offending website or blog be turned over to them, as well as fairly substantial payments.
6Mattinglyinthehall
      ID: 37838313
      Mon, Sep 06, 2010, 20:55
Emailed the Blogger News and Wired links to Guru.

The already sometimes mediocre quality of discourse here would take a terrible hit if new posting rules require we trust that people actually click and read through links before commenting.
7Perm Dude
      ID: 5510572522
      Mon, Sep 06, 2010, 21:39
FWIW, Righthaven are bottomdwellers, filing suits like the music industry does (sometimes without even knowing what the copyright violation was that they are suing over).

Linking to open articles (that is, not behind a firewall of any sort) is well within established fair use case law. The posting of short quotes for purposes of criticism or comment is also within fair use limits.

We should all avoid copying of entire articles, of course. But virtually nothing done on this site rises to the level of being actionable, IMO.

Some information about linking vis a vis the Copyright Act is available here, from Chilling Effects.
8Boldwin
      ID: 481011122
      Mon, Nov 01, 2010, 23:52
The $105 Fix That Could Protect You From Copyright-Troll Lawsuits
a legal “safe harbor” from copyright lawsuits over third-party posts, such as reader comments
9Perm Dude
      ID: 5510572522
      Mon, Nov 01, 2010, 23:56
It is an opaque cover, actually. But trolls like Righthaven are going after the easy pickings anyway.
10Boldwin
      ID: 481011122
      Tue, Nov 02, 2010, 05:20
Not forgetting your area of expertise but that was the world's most famous blogger, and a law professor to boot, directing us to that solution.
11Perm Dude
      ID: 5510572522
      Tue, Nov 02, 2010, 06:54
It's better than nothing, certainly, and that is good advice against the ravenous wolves of Righthaven. My point really is that those guys are more apt to go after the sites without any representation at all (by bullying those sites into signing over some checks through a shock-and-awe blizzard of correspondence). In other words, having a DMCA registered agent is more of a tactical move than a legal/copyright one.
12biliruben
      ID: 34820210
      Tue, Nov 02, 2010, 09:11
Who's the world's most famous blogger? Genuinely curious, and I didn't recognize any of the names in the link, with just a cursory scan.
13Boldwin
      ID: 481011122
      Tue, Nov 02, 2010, 15:56
Glenn Reynolds of Instapundit directed me there.
14Boldwin
      ID: 110121722
      Fri, Nov 19, 2010, 17:57
I am sure plenty of the bi-partisan support this bill is getting in the senate do not understand the 'RightHaven' lengths that Eric Holder is willing to go to if so legally empowered and if he can get away with it. 'Never let a crisis go to waste'.
15Boldwin
      ID: 561149228
      Wed, Dec 22, 2010, 12:10
Stephens-Righthaven loses to fair use defense finally, supposedly agreeing to ease up on brief excerpts but moves on to suing over images.
16Perm Dude
      ID: 5510572522
      Wed, Dec 22, 2010, 13:38
Images have less fair use allowances because of their nature as self-contained entities, and they are less likely to be used in a transformative way.

I like the credit on the image on that particular story. I don't know if they can sidestep the fair use argument themselves by utilizing the image from a third party but it is kinda cool, in any case.
17Boldwin
      ID: 46243212
      Mon, Mar 21, 2011, 03:43
Righthaven loses another one. Fair use triumphs again!
18Mith
      ID: 22141616
      Mon, Mar 21, 2011, 15:05
I don't think you grasp this issue very well.

That "triumph" doesn't in any way assist sites like this one in making a case that we deserve the right to reproduce any and all rights-managed material we find on the internet.

And if you think a fair use case is your strength I'm pretty sure you're doomed.
19Perm Dude
      ID: 5510572522
      Mon, Mar 21, 2011, 15:14
He might think that, MITH, but post #17 is exactly right.

That said, the judge really misses the point of the market for permissions--by dismissing the lawsuit in part because Rightshaven was attempting to enforce rights outside of the context of the piece in the original newspaper, he unnecessarily (and improperly, IMO) enlarges fair use to the detriment of rights sales.

The Kinko's decision, among others, made the case of a robust rights sales marketplace as being part and parcel of the copyright holder's basket of rights. Judge Mahan could have made a better case than eliminating the secondary rights marketplace from the equation. His ruling is apt to be overturned on that reason alone.
20Mith
      ID: 22141616
      Mon, Mar 21, 2011, 15:24
I agree with your last two paragraphs but fail to see in what way that makes #17 exactly right.
21Perm Dude
      ID: 5510572522
      Mon, Mar 21, 2011, 15:28
The post was:

"Righthaven loses another one. Fair use triumphs again!"

With what, exactly, do you disagree with here?
22Mith
      ID: 22141616
      Mon, Mar 21, 2011, 15:34
OK you just meant it in the most literal sense. "Exactly right" seemed to include B's presentation as an apparent victory for the small time blogger or Dave Hall's politics forum. Your first sentence didn't seem to necessarily seperate that.
23Boldwin
      ID: 46243212
      Mon, Mar 21, 2011, 15:44
I'm a whole lot more confident discussing abortion and RTBA. I don't pretend to be able to sort out the minutia on this subject and easily differ to PD. Didn't mean to expand #17 to free us from all worry, just that momentum is shifting away from a censored internet Righthaven style.
24Perm Dude
      ID: 5510572522
      Mon, Mar 21, 2011, 15:52
I agree, Baldwin, which is why I really hope an otherwise good decision isn't rendered invalid by the small bit of judicial overreach on the aspect of the secondary rights sales marketplace.

In the meantime, you can impress your friends by exhibiting the same cautious optimism.

:)
25Boldwin
      ID: 46243212
      Wed, Mar 23, 2011, 23:11
Righthaven cumulative results for 250 cases.

[Do not c-n-p a single word from this site, as righthaven is particularly associated with Nevada newspapers as I recall]
26Boldwin
      ID: 46243212
      Thu, Mar 24, 2011, 04:19
I wouldn't put it past those guys, putting the announcement of Righthaven's rising impotence in one of their own newspapers and then suing everyone who copied the concession of defeat.
27Boldwin
      ID: 53371610
      Sat, Apr 16, 2011, 14:17
A judge has forced into the open, the secret deal Righthaven has with Stephens Media allowing them to sue based on Stephen's copyright.

It turns out that Righthaven has so little claim to the copyright that they probably do not have standing to sue.
28Boldwin
      ID: 166451321
      Thu, Jul 14, 2011, 15:22
Judge Hunt has fined Righthaven $5000 for "misleading the court about its lawsuits." Unsurprisingly, Righthaven is going to appeal.

This just gets better and better. What happens when you mix dishonesty, arrogance and stupidity?
29Boldwin
      ID: 35615181
      Thu, Sep 08, 2011, 20:47
Death throes of Righthaven

Layoffs at headquarters. Defendants no longer being served paperwork, no new cases filed in last 2 months, CEO confirms no new cases are being filed...soon the chilling effect preventing c-n-p blogging and posting will be a thing of the past. Hopefully before 2012.
30Perm Dude
      ID: 5510572522
      Fri, Sep 09, 2011, 01:35
Good news. And good riddance.
31Boldwin
      ID: 35615181
      Fri, Sep 09, 2011, 12:39
Righthaven loses business/legal relationship with 50+ outlet MediaNews Group.

However no word on current stance of the Clinton team Daddy Warbucks, Stephens Media which was the original client of and is an investor in Righthaven.
32Boldwin
      ID: 35615181
      Sat, Nov 05, 2011, 02:54
With Righthaven on the ropes and bleeding its's last breathes, congress prepares to step into the censorship business.
the Stop Online Piracy Act, introduced in the House this week

According to Techdirt, which has been a vocal critic of the bill and its predecessors, the new legislation would create a “Great Firewall of America,” similar to the firewall that the Chinese government uses to keep its citizens from accessing certain websites and servers that it deems to be illegal. Techdirt’s Mike Masnick notes that the new bill actually expands the range of websites that could be targeted by the bill: the previous version referred to sites that were “dedicated to infringing activities” with no other obvious purpose, but the new law would allow the government to target any site that has “only limited purpose or use” other than infringement (by the government’s definition).

The bottom line is that if it passes and becomes law, the new act would give the government and copyright holders a giant stick — if not an automatic weapon — with which to pursue websites and services they believe are infringing on their content. With little or no requirement for a court hearing, they could remove websites from the internet and shut down their ability to be found by search engines or to process payments from users. DMCA takedown notices would effectively be replaced by this nuclear option, and innocent websites would have to fight to prove that they deserved to be restored to the internet — a reversal of the traditional American judicial approach of being assumed innocent until proven guilty — at which point any business they had would be destroyed.
33Perm Dude
      ID: 39961218
      Sat, Nov 05, 2011, 10:21
I'd like to take a closer look at this. Lamar Smith has been a good friend of copyright holders and has a track record of backing them over users. His idea of balance is to give the copyright holders a bigger stick to use on those who use their stuff without permission.

That said, typically US copyright law does not apply to overseas hosting sites.

Ron Wyden, btw, seems to be a guy who is probably right up your alley on this issue, despite the D after his name.
34Boldwin
      ID: 35615181
      Sat, Nov 05, 2011, 13:06
Do you see any way forums like this can maintain a free flow of ideas with a legal sword of Damacles over the site owner and the ISP's head like this? Why would they even take the risk?
35Pancho Villa
      ID: 597172916
      Fri, Dec 09, 2011, 11:04
Kudos to Boldwin for his expose on this issue. Turns out his paranoia sometimes has legs, as evidenced in this example of government overreach by the Department of Homeland Security.

“Around Thanksgiving 2010, the Department of Homeland Security seized more than 70 domains with no trial, accusing them of copyright infringement,” reports the San Francisco Chronicle.

Dajaz1.com was caught in the dragnet after DHS claimed four songs posted on the website were used without permission, when in fact the musicians and publicists concerned had sent the tracks directly to Dajaz1 with express authorization.

That didn’t stop Homeland Security from seizing and shutting down the blog for over a year, violating the law by refusing to tell its owner why the website was taken and subsequently missing the 90 day deadline for explaining why the owner should forfeit the property permanently.

“Or at least that’s what the owner assumed when he heard nothing. Then the court told him that the government got an extension.”

“But the owner couldn’t see the extension because all the filings in the case were sealed, and was not allowed to testify in court to ask for his property back, says TechDirt.”

The saga finally came to a close when the owner was handed back control of the website only yesterday.

The lesson to take from this is that Homeland Security can now just claim your website contains copyrighted material with no evidence whatsoever and seize it without any recourse.

“This whole thing has been a disgrace by the US government, starting with a bogus seizure, improper and illegal censorship, followed by denial of due process and unnecessary secrecy,” reports TechDirt.


I'm all for the protection of intellectual property and compensation for its use. It's unfortunate that there is a contingency of lawmakers who feel we should emulate the Chinese model.

36Boldwin
      ID: 13444718
      Tue, May 07, 2013, 19:45
Predatory legal scam against bit-torrent downloaders gets targeted themselves.

To the best of my reading skills and limited time reading thru the case I am pretty sure you did not even have to actually download in order to become ensnared. Never-the-less, there are more than just the rampant viruses to worry about using bit-torrent. I've often been tempted but I think I've never actually used bit-torrent after my tech savvy son warned me about the viruses. And sooner or later the lawsuit exposure.
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