Righthaven LLC v. Free Republic, LLC et al

Filing 5

AMENDED COMPLAINT with Jury Demand against Free Republic, LLC, James C. Robinson, John Robinson, filed by Righthaven LLC. No changes to parties. Proof of service due by 11/18/2010. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Civil Cover Sheet, # 9 Summons, # 10 Summons)(Coons, John)

Righthaven LLC v. Free Republic, LLC et al

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STEVEN A. GIBSON, ESQ. Nevada Bar No. 6656 [e-mail] J. CHARLES COONS, ESQ. Nevada Bar No. 10553 [e-mail] JOSEPH C. CHU, ESQ. Nevada Bar No. 11082 [e-mail] Righthaven LLC 9960 West Cheyenne Avenue, Suite 210 Las Vegas, Nevada 89129-7701 [phone] Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

RIGHTHAVEN LLC, a Nevada limitedliability company,

Case No.: 2:10-cv-01194-LDG-RJJ FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff, v. FREE REPUBLIC, LLC, a California limited liability company; JAMES C. ROBINSON, an individual; and JOHN ROBINSON, an individual, Defendants.

Righthaven LLC ("Righthaven") complains as follows against Free Republic, LLC ("Free Republic"), James C. Robinson ("James Robinson"), and John Robinson (collectively with Free Republic and James Robinson known herein as the "Defendants"), on information and belief:

NATURE OF ACTION 1. This is an action for copyright infringement pursuant to 17 U.S.C. § 501.

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PARTIES 2. Righthaven is, and has been at all times relevant to this lawsuit, a Nevada limited-

liability company with its principal place of business in Nevada. 3. Righthaven is, and has been at all times relevant to this lawsuit, in good standing

with the Nevada Secretary of State. 4. Free Republic is, and has been at all times relevant to this lawsuit, a California

limited liability company. 5. Free Republic is, and has been at all times relevant to this lawsuit, identified by

the current registrar, GKG.NET, INC. ("GKG"), as a registrant, administrative contact, technical contact, and billing contact for the Internet domain found at <freerepublic.com> (the "Domain"). 6. James Robinson is, and has been at all times relevant to this lawsuit, identified by

GKG as a registrant of the Domain. 7. John Robinson is, and has been at all times relevant to this lawsuit, identified by

GKG as an administrative contact, technical contact, and billing contact for the Domain. 8. John Robinson is, and has been at all times relevant to this lawsuit, the self-

proclaimed owner of the copyright(s) in the work(s) posted as part of the content accessible through the Domain (said content accessible through the Domain known herein as the "Website"), as evidenced by a copyright notice displayed on the Website: "FreeRepublic.com is powered by software copyright 2000-2008 John Robinson."

JURISDICTION 9. This Court has original subject matter jurisdiction over this copyright

infringement action pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1338(a). 10. Righthaven is the owner of the copyright in the literary work entitled: "Nevada

homeowners could get help from federal funding" (the "Nevada Homeowners Work"), attached hereto as Exhibit 1.

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11.

At all times relevant to this lawsuit, the Nevada Homeowners Work has depicted

and depicts the original source publication as the Las Vegas Review-Journal. 12. The Defendants willfully copied, on an unauthorized basis, the Nevada

Homeowners Work from a source emanating from Nevada. 13. On or about June 24, 2010, the Defendants displayed, and continue to display, an

unauthorized reproduction of the Nevada Homeowners Work (the "First Infringement"), attached hereto as Exhibit 2, on the Website. 14. The subject matter, at least in part, of the Nevada Homeowners Work and the

First Infringement, is the dispersal of federal funds to Nevada homeowners. 15. At all times relevant to this lawsuit, the Defendants knew that the Nevada

Homeowners Work was originally published in the Las Vegas Review-Journal. 16. The Defendants' display of the First Infringement was and is purposefully

directed at Nevada residents. 17. Righthaven is the owner of the copyright in the literary work entitled: "Slain store

clerk, 77, mourned" (the "Slain Clerk Work"; collectively with the Nevada Homeowners Work known herein as the "Works"), attached hereto as Exhibit 3. 18. At all times relevant to this lawsuit, the Slain Clerk Work has depicted and

depicts the original source publication as the Las Vegas Review-Journal. 19. The Defendants willfully copied, on an unauthorized basis, a substantial and

significant portion of the Slain Clerk Work from a source emanating from Nevada. 20. On or about May 19, 2010, the Defendants displayed, and continue to display, an

unauthorized reproduction of the Slain Clerk Work (the "Second Infringement"), attached hereto as Exhibit 4, on the Website. 21. The subject matter, at least in part, of the Slain Clerk Work and the Second

Infringement, is the murder of a Las Vegas, Nevada-based convenience store clerk. 22. At all times relevant to this lawsuit, the Defendants knew that the Slain Clerk

Work was originally published in the Las Vegas Review-Journal.

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23.

The Defendants' display of the Second Infringement was and is purposefully

directed at Nevada residents. 24. The Defendants willfully copied, on an unauthorized basis, a substantial and

significant portion of the literary work entitled: "SENATE POLL: Lowden leads Republican pack" (the "Senate Poll Article"), attached hereto as Exhibit 5, from a source emanating from Nevada. 25. On or about April 11, 2010, the Defendants displayed, and continue to display,

the Senate Poll Article on the Website. 26. The Defendants' display of the Senate Poll Article was and is purposefully

directed at Nevada residents. 27. The Defendants willfully copied, on an unauthorized basis, a substantial and

significant portion of the literary work entitled: "Don't upset the unions ­ or else" (the "Unions Article"), attached hereto as Exhibit 6, from a source emanating from Nevada. 28. On or about April 10, 2010, the Defendants displayed, and continue to display,

the Unions Article on the Website. 29. The Defendants' display of the Unions Article was and is purposefully directed at

Nevada residents. 30. The Defendants willfully copied, on an unauthorized basis, the literary work

entitled: "Case divides ranchers, miners" (the "Ranchers Article"), attached hereto as Exhibit 7, from a source emanating from Nevada. 31. On or about June 19, 2010, the Defendants displayed, and continue to display, the

Ranchers Article on the Website. 32. The Defendants' display of the Ranchers Article was and is purposefully directed

at Nevada residents. 33. The Defendants willfully copied, on an unauthorized basis, the literary work

entitled: "Angle not softening her views" (the "Softening Views Article"), attached hereto as Exhibit 8, from a source emanating from Nevada.

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34.

On or about June 13, 2010, the Defendants displayed, and continue to display, the

Softening Views Article on the Website. 35. The Defendants' display of the Softening Views Article was and is purposefully

directed at Nevada residents. 36. The Defendants willfully copied, on an unauthorized basis, the literary work

entitled: "Wynn's remarks rattle Las Vegas gaming" (the "Wynn's Remarks Article"), attached hereto as Exhibit 9, from a source emanating from Nevada. 37. On or about April 23, 2010, the Defendants displayed, and continue to display,

the Wynn's Remarks Article on the Website. 38. The Defendants' display of the Wynn's Remarks Article was and is purposefully

directed at Nevada residents. 39. The Defendants willfully copied, on an unauthorized basis, the literary work

entitled: "GOP Senate hopeful Christensen curries favor in Mormon church" (the "Christensen Article"), attached hereto as Exhibit 10, from a source emanating from Nevada. 40. On or about June 5, 2010, the Defendants displayed, and continue to display, the

Christensen Article on the Website. 41. The Defendants' display of the Christensen Article was and is purposefully

directed at Nevada residents. 42. The Defendants willfully copied, on an unauthorized basis, the literary work

entitled: "America faces a big, fat Greek-style bankruptcy" (the "Bankruptcy Article"), attached hereto as Exhibit 11, from a source emanating from Nevada. 43. On or about May 23, 2010, the Defendants displayed, and continue to display, the

Bankruptcy Article on the Website. 44. The Defendants' display of the Bankruptcy Article was and is purposefully

directed at Nevada residents. 45. The Defendants willfully copied, on an unauthorized basis, a substantial and

significant portion of the literary work entitled: "Angle speaks about doing battle" (the "Angle Article"), attached hereto as Exhibit 12, from a source emanating from Nevada.

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46.

On or about June 18, 2010, the Defendants displayed, and continue to display, the

Angle Article on the Website. 47. The Defendants' display of the Angle Article was and is purposefully directed at

Nevada residents. 48. The Defendants willfully copied, on an unauthorized basis, a substantial and

significant portion of the literary work entitled: "Obama's agenda: Overwhelm the system" (the "Agenda Article"), attached hereto as Exhibit 13, from a source emanating from Nevada. 49. On or about June 6, 2010, the Defendants displayed, and continue to display, the

Agenda Article on the Website. 50. The Defendants' display of the Agenda Article was and is purposefully directed at

Nevada residents. 51. The Defendants willfully copied, on an unauthorized basis, a substantial and

significant portion of the literary work entitled: "Task force in place to combat election fraud" (the "Task Force Article"), attached hereto as Exhibit 14, from a source emanating from Nevada. 52. On or about May 5, 2010, the Defendants displayed, and continue to display, the

Task Force Article on the Website. 53. The Defendants' display of the Task Force Article was and is purposefully

directed at Nevada residents. 54. The Defendants' contacts with Nevada are continuous and systematic because the

Defendants regularly published and publish, on the Website, content emanating from Nevadabased daily publications, and such contacts have been in existence at least in excess of three years. 55. The Defendants' contacts with Nevada are continuous and systematic because the

Defendants published and publish, on the Website, information of specific interest to Nevada residents about Nevada-related political issues, and such contacts have been in existence at least in excess of three years. 56. The Defendants' contacts with Nevada are continuous and systematic because the

Defendants published and publish, on the Website, information of specific interest to Nevada

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residents about Nevada-based politicians, and such contacts have been in existence at least in excess of three years. 57. The Defendants' contacts with Nevada are continuous and systematic because the

Defendants published and publish, on the Website, information of specific interest to Nevada residents about the Las Vegas, Nevada economy, and such contacts have been in existence at least in excess of one year. 58. The repeated infringing activities alleged herein demonstrate that the Defendants

are serial, egregious, willful infringers of copyrighted literary works emanating from Nevada.

VENUE 59. The United States District Court for the District of Nevada is an appropriate

venue, pursuant to 28 U.S.C. § 1391(b)(2), because a substantial part of the events giving rise to the claim for relief are situated in Nevada. 60. The United States District Court for the District of Nevada is an appropriate

venue, pursuant to 28 U.S.C. § 1391(c), because Free Republic is subject to personal jurisdiction in Nevada.

FACTS 61. The Nevada Homeowners Work constitutes copyrightable subject matter,

pursuant to 17 U.S.C. § 102(a)(1). 62. Work. 63. 64. The Nevada Homeowners Work was originally published on June 23, 2010. On July 14, 2010, the United States Copyright Office (the "USCO") granted Righthaven is the owner of the copyright in and to the Nevada Homeowners

Righthaven the registration to the Nevada Homeowners Work, copyright registration number TX0007173605 (the "First Registration") and attached hereto as Exhibit 15 is evidence of the

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First Registration in the form of a printout of the official USCO database record depicting the occurrence of the First Registration. 65. On or about June 24, 2010, the Defendants displayed, and continue to display, the

First Infringement on the Website. 66. The Slain Clerk Work constitutes copyrightable subject matter, pursuant to 17

U.S.C. § 102(a)(1). 67. 68. 69. Righthaven is the owner of the copyright in and to the Slain Clerk Work. The Slain Clerk Work was originally published on May 17, 2010. On July 6, 2010, the USCO granted Righthaven the registration to the Slain Clerk

Work, copyright registration number TX0007168815 (the "Second Registration") and attached hereto as Exhibit 16 is evidence of the Second Registration in the form of a printout of the official USCO database record depicting the occurrence of the Second Registration. 70. On or May 19, 2010, the Defendants displayed, and continue to display, the

Second Infringement on the Website. 71. The Defendants did not seek permission, in any manner, to reproduce, display, or

otherwise exploit the Works. 72. The Defendants were not granted permission, in any manner, to reproduce,

display, or otherwise exploit the Works.

FIRST CLAIM FOR RELIEF: COPYRIGHT INFRINGEMENT OF THE NEVADA HOMEOWNERS WORK 73. 72 above. 74. Righthaven holds the exclusive right to reproduce the Nevada Homeowners Righthaven repeats and realleges the allegations set forth in Paragraphs 1 through

Work, pursuant to 17 U.S.C. § 106(1). 75. Righthaven holds the exclusive right to prepare derivative works based upon the

Nevada Homeowners Work, pursuant to 17 U.S.C. § 106(2).

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76.

Righthaven holds the exclusive right to distribute copies of the Nevada

Homeowners Work, pursuant to 17 U.S.C. § 106(3). 77. Righthaven holds the exclusive right to publicly display the Nevada Homeowners

Work, pursuant to 17 U.S.C. § 106(5). 78. The Defendants reproduced the Nevada Homeowners Work in derogation of

Righthaven's exclusive rights under 17 U.S.C. § 106(1). 79. The Defendants created an unauthorized derivative of the Nevada Homeowners

Work in derogation of Righthaven's exclusive rights under 17 U.S.C. § 106(2). 80. The Defendants distributed, and continue to distribute, an unauthorized

reproduction of the Nevada Homeowners Work on the Website, in derogation of Righthaven's exclusive rights under 17 U.S.C. § 106(3). 81. The Defendants publicly displayed, and continue to publicly display, an

unauthorized reproduction of the Nevada Homeowners Work on the Website, in derogation of Righthaven's exclusive rights under 17 U.S.C. § 106(5). 82. Free Republic has willfully engaged in the copyright infringement of the Nevada

Homeowners Work. 83. James Robinson has willfully engaged in the copyright infringement of the

Nevada Homeowners Work. 84. John Robinson has willfully engaged in the copyright infringement of the Nevada

Homeowners Work. 85. The Defendants' acts as alleged herein, and the ongoing direct results of those

acts, have caused and will continue to cause irreparable harm to Righthaven in an amount Righthaven cannot ascertain, leaving Righthaven with no adequate remedy at law. 86. Unless the Defendants are preliminarily and permanently enjoined from further

infringement of the Nevada Homeowners Work, Righthaven will be irreparably harmed, and Righthaven is thus entitled to preliminary and permanent injunctive relief against further infringement by the Defendants of the Nevada Homeowners Work, pursuant to 17 U.S.C. § 502.

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SECOND CLAIM FOR RELIEF: COPYRIGHT INFRINGEMENT OF THE SLAIN CLERK WORK 87. 86 above. 88. Righthaven holds the exclusive right to reproduce the Slain Clerk Work, pursuant Righthaven repeats and realleges the allegations set forth in Paragraphs 1 through

to 17 U.S.C. § 106(1). 89. Righthaven holds the exclusive right to prepare derivative works based upon the

Slain Clerk Work, pursuant to 17 U.S.C. § 106(2). 90. Righthaven holds the exclusive right to distribute copies of the Slain Clerk Work,

pursuant to 17 U.S.C. § 106(3). 91. Righthaven holds the exclusive right to publicly display the Slain Clerk Work,

pursuant to 17 U.S.C. § 106(5). 92. The Defendants reproduced the Slain Clerk Work in derogation of Righthaven's

exclusive rights under 17 U.S.C. § 106(1). 93. The Defendants created an unauthorized derivative of the Slain Clerk Work in

derogation of Righthaven's exclusive rights under 17 U.S.C. § 106(2). 94. The Defendants distributed, and continue to distribute, an unauthorized

reproduction of the Slain Clerk Work on the Website, in derogation of Righthaven's exclusive rights under 17 U.S.C. § 106(3). 95. The Defendants publicly displayed, and continue to publicly display, an

unauthorized reproduction of the Slain Clerk Work on the Website, in derogation of Righthaven's exclusive rights under 17 U.S.C. § 106(5). 96. Clerk Work. 97. Clerk Work. 98. Clerk Work. John Robinson has willfully engaged in the copyright infringement of the Slain James Robinson has willfully engaged in the copyright infringement of the Slain Free Republic has willfully engaged in the copyright infringement of the Slain

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99.

The Defendants' acts as alleged herein, and the ongoing direct results of those

acts, have caused and will continue to cause irreparable harm to Righthaven in an amount Righthaven cannot ascertain, leaving Righthaven with no adequate remedy at law. 100. Unless the Defendants are preliminarily and permanently enjoined from further

infringement of the Slain Clerk Work, Righthaven will be irreparably harmed, and Righthaven is thus entitled to preliminary and permanent injunctive relief against further infringement by the Defendants of the Slain Clerk Work, pursuant to 17 U.S.C. § 502.

PRAYER FOR RELIEF Righthaven requests that this Court grant Righthaven's claim for relief herein as follows: 1. Preliminarily and permanently enjoin and restrain the Defendants, and the

Defendants' officers, agents, servants, employees, attorneys, parents, subsidiaries, related companies, partners, and all persons acting for, by, with, through, or under the Defendants, from directly or indirectly infringing the Works by reproducing the Works, preparing derivative works based on the Works, distributing the Works to the public, and/or displaying the Works, or ordering, directing, participating in, or assisting in any such activity; 2. Direct the Defendants to preserve, retain, and deliver to Righthaven in hard copies

or electronic copies: a. All evidence and documentation relating in any way to the Defendants'

use of the Works, in any form, including, without limitation, all such evidence and documentation relating to the Website; b. All evidence and documentation relating to the names and addresses

(whether electronic mail addresses or otherwise) of any person with whom the Defendants have communicated regarding the Defendants' use of the Works; and c. of the Works; 3. Direct GKG and any successor domain name registrar for the Domain to lock the All financial evidence and documentation relating to the Defendants' use

Domain and transfer control of the Domain to Righthaven;

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4.

Award Righthaven statutory damages for the willful infringement of the Works,

pursuant to 17 U.S.C. § 504(c); 5. Award Righthaven costs, disbursements, and attorneys' fees incurred by

Righthaven in bringing this action, pursuant to 17 U.S.C. § 505; 6. law; and 7. Grant Righthaven such other relief as this Court deems appropriate. Award Righthaven pre- and post-judgment interest in accordance with applicable

DEMAND FOR JURY TRIAL Righthaven requests a trial by jury pursuant to Fed. R. Civ. P. 38. Dated this twenty-first day of July, 2010.

RIGHTHAVEN LLC

By: /s/ J. Charles Coons STEVEN A. GIBSON, ESQ. Nevada Bar No. 6656 J. CHARLES COONS, ESQ. Nevada Bar No. 10553 JOSEPH C. CHU, ESQ. Nevada Bar No. 11082 9960 West Cheyenne Avenue, Suite 210 Las Vegas, Nevada 89129-7701 Attorneys for Plaintiff

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