About Me

Thursday, June 30, 2011

postheadericon Righthaven Charged With Racketeering In Somewhat Epic Filing

Karl points us to the news that the advocates of the people who have sued by Right Haven, a Dana Eiser, submitted to what can only be absolutely epic answer and counterclaim complaint in the case in South Carolina are described, creating an amazing 56 ( count 'em) defenses. The 119-page filing, which is embedded in reading. When Karl emphasizes some of it is pretty far out (with some parts that just wrong), but it is entertaining reading, with some new and some interesting claims about Right Haven 's actions.

Get the point that 's a lot of attention is the fact that the filing of an extortion represents indictment Right Haven under the RICO Act and claims with bogus copyright transfers people shakedown for money is good, old-fashioned extortion:
The extortion tactics and fraudulent conduct in this application, detailed form in each case a predicate act under RICO by (1) blackmail, because such communications were threats to money or property to legal action that a complete hoax premise receive, and (2) fraud to cheat because each mailing, phone call, e-mail support and control executed on the Right Haven goals.















  • The approximately 40 cents of damages suffered (not even by Righthaven) is well within the rule of de minimis non curat lex.
  • Eiser claims that Righthaven is technically a debt collector, and that it does not follow proper procedures and laws as a debt collector.
All in all an entertaining read, but most of the really out there arguments are unlikely to get very far. However, if they did get some traction, Righthaven could be in even deeper trouble.




0 comments: