Stephens Media Completely Capitulates In Democratic Underground/Righthaven Case (Copyright)

[Skinner]

Source: TechDirt

The key Righthaven case, in which the details of the strategic agreement between Righthaven and Stephens Media were finally released, was Righthaven's lawsuit against the Democratic Underground. DU, with help from lawyers at the EFF and Fenwick and West, countersued Stephens Media, arguing that it, not Righthaven, was really behind the lawsuits. That resulted in the release of the agreement between the two companies, and the court dismissed Righthaven from the proceedings... while keeping Stephens Media in the case. The Democratic Underground filed a motion for summary judgment... and in its response, Stephens Media has almost totally capitulated -- admitting that the Democratic Underground's use was "fair use" (full motion embedded below):

While Stephens Media disagrees with DU's characterizations of certain facts that are not material for purposes of the present Motion, it does not contest the substantive arguments presented by DU on the issues of volitional act and fair use as applied to the material facts of this case.

In other words, Stephens Media -- who according to the strategic agreement, had to give Righthaven the green light to sue -- now admits that the use by DU was fair use.

From there, Stephens focuses on a separate issue: making sure that additional details of its business relationship with various companies stay secret. Apparently, a number of documents have been filed under seal, and Stephens wants to make sure they don't see the light of day. Basically, DU wanted details of syndication relationships that Stephens has with other parties as part of its fair use argument, but Stephens is now giving them that argument, saying they agree it's fair use... just let us keep those other deals secret. But on the major point of the lawsuit, the copyright infringement, Stephens has now flat out said that it agrees the use was fair.

Read more: http://www.techdirt.com/articles/20111118/13260616818/stephens-media-completely-capitulates-democratic-undergroundrighthaven-case.shtml

---

Excerpt from EFF Press release (with quote from me):

Righthaven Case Ends in Victory for Fair Use

Newspaper Publisher Caves at Last, Agrees Excerpts of Articles Do Not Infringe Copyright

San Francisco - In a victory for fair use, the publisher of the Las Vegas Review-Journal, Stephens Media, filed papers yesterday conceding that posting a short excerpt of a news article in an online forum is not copyright infringement. The concession will result in entry of a judgment of non-infringement in a long-running copyright troll case that sparked the dismissal of dozens of baseless lawsuits filed by Righthaven LLC.

The case began when the online political forum Democratic Underground -- represented by the Electronic Frontier Foundation (EFF), Fenwick & West LLP, and attorney Chad Bowers -- was sued by Righthaven for a five-sentence excerpt of a Review-Journal news story that a user posted on the forum with a link back to the newspaper's website. Democratic Underground countersued, asking the court to rule that the excerpt did not infringe copyright and is a fair use of the material, and brought Righthaven-backer Stephens Media into the case.

The Court dismissed Righthaven's infringement case because it did not own the article, but Democratic Underground's counterclaim against Stephens Media continued. After initially attempting to defend the bogus assertion of copyright infringement, Stephens Media has now conceded it was incorrect.

"I knew the lawsuit was wrong from the start, and any self-respecting news publisher should have, too," said Democratic Underground founder David Allen. "I'm glad that they have finally admitted it."

Read more: https://www.eff.org/press/releases/righthaven-case-ends-victory-fair-use

----------

:)

[Make7]

1. WooHoo! ( n/t )

[Liberal Veteran]

2. Congrats, Skinner!

:party:

[xchrom]

3. Sweet congratulations! Nt

[Dennis Donovan]

4. OMG! All the bullshit, and NOW they admit they didn't have a case to begin with???

:rofl:

Congratulations, DU!:toast:

[jmowreader]

45. Their intent was probably to bankrupt DU...

With enough legal maneuvers and demands, your target's lawyer bills can easily bankrupt him...which, I fear, was what they were going for. They knew they had nothing. They know NONE of the Righthaven suits have merit.

What could be interesting is countersuing Stephens Media and Righthaven for harassment. THAT is a case with merit.

[BadgerKid]

76. Probably not the first time

something like this has happened. The SCO-Linux battle dragged on for years. My SIL's ex filed meritless motions one after another during the lead-up to their actual divorce case.

I am surprised and at the same time dismayed how court cases are permitted to wither on so long.

Mucho congrats to the DU staff and legal team!

[sarcasmo]

77. +1

[CaliforniaPeggy]

5. That's great news, Skinner!

Congrats!

[maddezmom]

6. Good news

:thumbsup:

[pampango]

7. That is great news. n/t

[rocktivity]

8. Does this mean we can look forward to LOWER DU3 membership fees than you've advertised?

:evilgrin:
rocktivity

[saras]

9. It's not finished until they cough up the rest of the evidence...

[sakabatou]

12. +1

[ChairmanAgnostic]

19. the other complaints they filed elsewhere?

the bogus pressure they put on individuals and small sites?

They deserve to fry.

[TBF]

37. Yup, I want to see the dirty laundry -

why do I have this suspicion that they are protecting some right wing nut case?

[NRaleighLiberal]

10. Huge K and R n/t

[mike_c]

11. excellent news and congratulations....

eom

[slay]

13. Very cool Skinner

we all knew they were full of it. Good job - sounds like the spirit of Crane, Poole, and Schmidt were with ya! Congrats.

*edited to fix typo

[Daemonaquila]

14. Fabulous!

Congratulations for fighting the good fight the right way, and nailing these clowns. No bridge should ever be safe for IP trolls!

[katty]

15. excellent

[greiner3]

16. Don't let them off the hook!

[Bozita]

17. YES!

[era veteran]

18. Good, way to go!

[SteveM]

20. Great! Congratulations. Where's tort reform when you need... oh wait... nt

[a2liberal]

21. K&R (n/t)

[cosmicone]

22. yayyyyyyyyyyy ... when is the party? n/t

[cecilfirefox]

23. Way to go Skinner! ;) nt

[Octafish]

24. So. When do we get to see the secret parties of the third part's papery parts?

It'd be nice to know who it was what sided with Stephens and for whom Stephens went to the mat to protect. It's a good bet they don't like people who tell the truth.

Congratulations, David! Good work! Keep up the good fight, Democratic Underground!

[harun]

25. Wow, what a bunch of scheming snakes.

[hlthe2b]

26. Let's not forget the tremendous legal talent & support from EFF

From what I can tell, they have offered tremendous support to the
DU case and others. (Electronic Frontier Foundation).

[Skinner]

38. Indeed, they have.

If it weren't for EFF, DU could not have defensed itself. I am extremely grateful.

[dixiegrrrrl]

27. Woot!!!! and K&R....

:bounce: :bounce: :bounce:

[cal04]

28. Great News, Congratulations

:woohoo:

[Warren DeMontague]

29. Good for you! Good for all of us, actually. Good for the principle of free expression and discourse.

Plus, you're working with the EFF. :thumbsup: Tell JP Barlow "hello" if you see him. :hi: :D

[Downtown Hound]

30. So, is your countersuit going forward?

I want to see these bastards homeless and holding up a sign on a freeway exit ramp that says, "Will be a complete, immoral snake and vermin-eating piece of shit for food."

[gateley]

31. Soooo nice when the Good Guys win! Outstanding job, Skinner! nt

[Hissyspit]

32. "I knew the lawsuit was wrong from the start, and any self-respecting news publisher should have too

Ha. Zing.

[KT2000]

33. Excellent!

As it turns out - they are vampires that shrivel up in the sunlight!

[EFerrari]

34. Sweet!

LOL

[valerief]

35. Way cool.

[MaineDem]

36. Totally excellent news!!!

So proud of you guys for fighting this.

You rock!

[madrchsod]

39. anyone who logs in everyday knew this was bullshit

over the years the folks who have been mods and others have done a very good job about this issue.

[PoliticAverse]

40. Yay and congratulations! n/t

[NBachers]

41. Huzzah! Great Day for Democratic Underground and Free Speech!

However, I'm suspicious of why they're backing down now. It looks like other alliances were going to be revealed, and they want to reach an end point before disclosing those alliances to scrutiny or liability.

Thank you EFF, Fenwick & West, Chad Bowers, and all supportive persons (natural and corporate) everywhere.

I feel good about this.

So who's going to play the dynamic and crusading David Allen in the movie?

[Ghost Dog]

42. (Copyright). You mean your OP is copyright, boss?

Ok. Didn't think so.

Many thanks for not dropping that ball. A significant ball.

[Auggie]

43. K&R

[libodem]

44. Woo Hoo

:woohoo: :yourock:

[AsahinaKimi]

46. Omedetou !

Sugoi! Nice work!

[DeSwiss]

47. K&R!!!

[clixtox]

48. Sue them, all of the victims must be made whole. Justice...

I, and legions of other DU members, will be quite disappointed if DU and the other victims of this scam do not litigate to force the return of any payments coerced from the victims, plus the costs associated with any responses Righthaven/Stephens actions required, or were prudent to defense the suit.

Stephens Media, and its owners, Stephans Group, has vast resources that can begin to recompense. Go get them!

They have to be frantically squirreling away their cash, and other assets, right now after this development.

[unkachuck]

49. K&R....Congratulations!....n/t

[Psephos]

50. How sweet it is! n/t

[Irishonly]

51. Great news

I love it when the good guys win.

[SixthSense]

52. DU gets to countersue, right?

Surely with the scandalous way Righthaven and Stephens Media have handled themselves, there's more than enough grounds to go after them for everything they've got, and in the particular case of Righthaven, pierce the corporate shield and go after the personal assets of its lawyers and staff.

[KoKo]

53. Very Good News! Congrats to You and EFF!

:kick:

[pinto]

54. Kudos all around.

:thumbsup:

[lonestarnot]

55. K & R!

[Better Believe It]

56. That's terrific news! DU obviously hired very competent lawyers to defend our democratic rights

[Tindalos]

57. Way to go, guys!

And thank you!

[lovuian]

58. Awesome!!!

Great news

[Firebrand Gary]

59. Congratulations Skinner!

[ffr]

60. EFF Stephens Media!

lol

[applegrove]

61. Woohoo!

:woohoo:

[Divine Discontent]

62. so, S, you can counter this and get enough to make DU ad-free forever? :)

Get it now, or one of a million other designs! http://www.zazzle.com/republicans_2012_keeping_millions_out_of_work_bumper_sticker-128659602907896843?rf=238107662556833486

[Downwinder]

63. Be sure to collect for the insult. n/t

[judesedit]

64. That is really great. Are the Supreme Court judges actually becoming fair? Please tell me

Who heard the case? Was it a state supreme court ruling?

[MilesColtrane]

65. Let me be among the first to say,...

IN YOUR FACE, YOU LITIGIOUS BLACKMAILING GOONS!

Congratulations, Skinner.

[quakerboy]

66. What does this mean, in practical terms?

First, does bringing Stephens Media into it mean that DU is not stuck drawing any potential legal award from the increasingly overdrawn resources of their Righthaven front corp, but instead gets to draw winnings directly from the parent corp?

Second, does this specific admission mean that they are giving DU the win on this lawsuit, in the hopes of not having to cough up more documents that if seen in light of day will harm their various associated corps even more than this single loss?

[Poll_Blind]

67. K&R!

Very cool!

PB

[suffragette]

68. Very good news, indeed!

K&R

[peace frog]

69. Congrats and well done!

Pleased as punch to be Rec# 200.

[trumad]

70. What was the oriignal post that startred this whole thing?

[ColesCountyDem]

71. Fantastic!

:thumbsup:

[DesertFlower]

72. great news. nt

[bread_and_roses]

73. I'm glad (n/t)

[geckosfeet]

74. Great news for DU. Proud to be a member.

[MADem]

75. What astoundingly good news, not just for here, but for everywhere on the net.

This was a very good thing the admins and EFF did. It was probably not a lot of fun to have to do it in the first place, but it certainly carved out a spot in the history books for you.

I am unable to get the techdirt link to load--I get a 404.

[Botany]

78. Party @ the Skinner compound

Congrats Dave!

[The Doctor.]

79. Nice to know that truth can still prevail.

Thanks for sticking to your convictions, Skinner.

[Solly Mack]

80. Good

[ooglymoogly]

81. Talk about popping the cork...the news of who is really behind

Stephens Media will be delicious indeed.

Though it is a tangled web, with very deep pockets (income of 293 million in 2003) and long tentacles reaching into some of the most rabid right wing businesses, politics and causes.

From what I can gather, Stephens media group is owned by Jackson T. Stephens having bought it whole and ready made from its builder and original owner Donald W. Raynolds who, it appears, was a much revered philanthropist who's life was about the media and furthering its excellence, who gave all his money away to charitable foundations and other charities; leaving his three children trusts worth just $50,000 a year, a relatively paltry sum from a worth estimated at somewhere around a billion dollars +- a few hundred mil, much more in today's money.

Stephens, on the other hand is an uber right wing Arkansas businessman, for whom a media empire's only purpose is to further his own causes, with many hands in politics and an outspoken supporter of Reagan.

Beyond the huge media holdings he has large holdings in Wal Mart, Tyson and many more right leaning corporations.

So imho, destroying DU would have been a trophy for him, again from what I gather from what is published on line.

This is a fascinating story even from a cursory search on the net.

[WillyT]

82. Woo Hoo !!! - K & R !!!

:bounce::woohoo::bounce:

:toast:

:hi:

:kick:

[emulatorloo]

83. Excellent!

Congrats!

[No Elephants]

84. Congrats, DU. DUers and other net users..Freedom!

[Hutzpa]

85. First off let me say a job well done to Team DU

that said, question for Skinner, can we kick them to the gulag while they are down? knowing
they would have done the same to all of us if they've won.

I don't have any sympathy for these people just as they don't have for us. They were willing to
take this community out and I think we should do them the favor.

The effect of this should be felt right through to Congress that is trying to pass a bill on
trumped up piracy acts.

[Scurrilous]

86. K & R

:thumbsup:

[Tuesday Afternoon]

87. I hope they have to pay your court costs and lawyer fees. K&R

[Lex]

90. ^^^^ this ^^^^

[ZombieHorde]

88. Awesome. nt

[grantcart]

89. Well done

[klook]

91. Great

Hope that is the beginning of the end for those dipshit trolls.

[irisblue]

92. yeah!

take that trolls!

[BeHereNow]

93. Any guesses on who the "third parties" might be?

Oh how I'd like to see that list!

Congratulations to DU!

BeHereNow :thumbsup: :thumbsup: :thumbsup: :thumbsup: :loveya: :grouphug: :kick:

[0rganism]

94. 1st article (techdirt) raises some good questions about PIPA/SOPA

Author wonders (rightly so, IMHO) how differently this would have gone in a post-SOPA world.

[panzerfaust]

95. Yes!!!

[Uncle Joe]

96. I wonder if they can be forced to disclose those other relationships via

racketeering charges?

I do wonder if this opens the company up to possible problems, though, considering the belief in some courts that a copyright holder must consider fair use before taking action against someone for potentially infringing. Either way, it's clear that Stephens wants no part of continuing to fight Righthaven's fight here.

http://www.techdirt.com/articles/20111118/13260616818/stephens-media-completely-capitulates-democratic-undergroundrighthaven-case.shtml

Thanks for the thread, Skinner.