Righthaven LLC v. Democratic Underground, LLC et al

Filing 57

REPLY to Response to 36 MOTION to Dismiss MOTION FOR VOLUNTARY DISMISSAL WITH PREJUDICE AND ADJUDICATION OR DISMISSAL OF COUNTERCLAIM ; filed by Counter Defendant Righthaven LLC, Plaintiff Righthaven LLC. (Attachments: # 1 Exhibit to Reply to Motion for Voluntary Dismissal)(Coons, John)

Righthaven LLC v. Democratic Underground, LLC et al

Doc. 57 Att. 1

EXHIBIT 1

Dockets.Justia.com

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DECLARATION OF SHAWN A. MANGANO

I, Shawn A. Mangano, declare, under penalty of perjury of the United States of America, that the following is true and correct:

1.

I am an attorney-at-law admitted to practice before all courts of the State of

Nevada. I have personal knowledge of the facts set forth below, except for those factual statements expressly made upon information and belief, and as to those facts, I believe them to be true. I am over eighteen years old and I am competent to testify to the matters set forth herein.

2.

I represent Plaintiff/Counterdefendant Righthaven LLC ("Righthaven") in the

above-referenced matter.

3.

On or about December 15, 2010, Righthaven received Defendant Democratic

Underground, LLC ("Democratic Underground") and Defendant David Allen's (collectively with Democratic Underground known herein as the "Defendants") Rule 26 Initial Disclosures.

4.

On or about December 17, 2010, Righthaven received Democratic Underground's

First Set of Interrogatories.

5.

On or about December 17, 2010, Righthaven received Democratic Underground's

First Set of Requests for Admission.

6.

On or about December 17, 2010, Righthaven received Democratic Underground's

First Set of Requests for Production of Documents.

1

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7.

As of January 6, 2011, Righthaven has entered into written settlement agreements

with approximately 107 copyright defendants. 8. As of January 6, 2011, Righthaven has filed approximately 202 copyright

infringement lawsuits in federal court.

9.

As of January 6, 2011, Righthaven has not been served with a single Rule 11

motion for sanctions, nor has such a motion been filed with any court by any Righthaven copyright defendant.

Signed and affirmed this 7th day of January, 2011 under penalty of perjury of the United States of America. /s/ Shawn A. Mangano SHAWN A. MANGANO, ESQ.

2

EXHIBIT 2

Help EFF Defend Against Righthaven Trolls | Electronic Frontier Foundation

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DECEMBER 21ST, 2010

Help EFF Defend Against Righthaven Trolls
Announcement by Rebecca S. Reagan

Defend Your Digital Rights

The copyright troll Righthaven has brought over 190 cases--and counting--against bloggers, online journalists and others since March of this year. While EFF has taken on two of these cases directly (Democratic Underground and DiBiase) we have also been attempting to help those sued to secure counsel. If the tactics of these trolls trouble you and you are a member of the bar with experience in copyright litigation, these defendants need your help. What's Righthaven? Righthaven is a Nevada company operated by Las Vegas attorney Steven Gibson, whose "sole purpose" is "suing blogs and websites."[1]. It searches the Internet for bloggers and websites that contain posts with content from certain newspapers. When it finds one, it purportedly buys the copyright from the newspaper publisher, applies for a copyright registration, and then files a lawsuit against the blogger or website. Its current partners include the Las Vegas Review-Journal (owned by Stephens Media LLC, who helped form the company) and the Denver Post. Just as in many other copyright troll shakedowns, Righthaven relies on the threat of enormous copyright statutory damages (up to $150,000) to scare defendants, often individual bloggers operating non-commercial websites, into a quick settlements. They also threaten to seize the domain names, a threat without basis in law. Even if a blogger has meritorious defenses, the costs of defending can often be overwhelming - unless the blogger has pro bono counsel to help even the odds. The pace at which EFF is hearing from Righthaven defendants is increasing, and we and our cooperating attorneys are presently working at capacity. We need more attorneys versed in copyright issues to whom we can refer people who need pro bono help defending themselves from Righthaven. EFF has already briefed several of these issues in the cases we're handling and those resources are available to counsel. Almost all of the cases are filed in the District of Nevada and we do have good links to possible local counsel. If you are an attorney interested in representing Righthaven defendants, please contact Rebecca Reagan at [e-mail]. Related Issues: Bloggers' Rights, Copyright Trolls [Permalink]

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http://www.eff.org/deeplinks/2010/12/help-eff-defend-against-righthaven-trolls[1/7/2011 4:17:42 PM]