1. Just to clarify, I believe they have demanded the domain name in every lawsuit. For example, I believe they sued the Democratic Party of Nevada and demanded its domain name. Eric.

  2. It seems this tactic gives defendants a way to argue about frivolous claims.

    Maybe a few orders for sanctions will put an end to this stuff. Seriously, is there not enough legitimate work to be done out there?

  3. Thank you Evan for your condemnation of this absurd pleading demand. I strongly feel that the thousands of responsible Intellectual Property attorneys nationwide should pool our resources and talents to put RightHaven and its alter ego attorneys out of business.

    I have been practicing for 30 plus years and always believed that such nonsense would not fly in Federal Court. The unfortunate part of all of this is that the intelligent tech and IP bloggers are transfixed with the Righthaven silliness and turned into a distracting tirade against insignificant targets.

  4. I agree that Righthaven’s pursuit of domain names makes no legal sense. It may have some Machiavellian strategic sense by serving as an additional incentive for the website owner to settle quickly by paying Righthaven a few thousand dollars. In contrast, filing what many view as a nuisance lawsuit against a person who might become a member of the U.S. Senate (i.e., the place where laws – such as the Copyright Act – are made and amended) doesn’t seem so Machiavellian astute.

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