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News Link • Media: Internet

Righthaven Victims - Avoid a Lawsuit!

• e-mail from Michael Nystrom at DailyPaul
Righthaven LLC -- a bottom feeding legal outfit -- has teamed up with the Las Vegas Review-Journal to sue 'mom and pop' websites, as well as nonprofit, political action, community action, writers, and forum board operators for copyright violations. The strategy of Righthaven is to sue hundreds and thousands of these websites and counts on the fact that many are unfunded and will be forced to "settle out of court." All cases are being filed in a Nevada Federal Court and must be fought in this jurisdiction. You are not safe from Righthaven if you are out-of-state.
(1) Avoiding the Wrath of Righthaven
Website owners, please read this article in full. Understand that pay-per click adds may disqualify you as being "non-commercial" and that just posting a mechanism for responding to a complaint is NOT enough -- a registered agent, via the U.S. Copyright Office is also required.
Many website owners may be under the impression that they are protected by the DMCA when in reality, there are very specific requirements must be met before a website owner can invoke the DMCA safe harbor provisions. See 17 U.S.C. §512(c).
In particular, the safe harbor only applies to service providers who have designated an agent to receive notifications of claimed infringement and providing information about the agent (name, address, phone number, and electronic mail address of the agent) to the Register of Copyrights, which maintains a directory of agents available for publication inspection. See 17 U.S.C. §512(c)(2)

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