Las Vegas Review-Journal goes after PLAN

For some time now, it has been clear to news observers, that the Las Vegas Review-Journal had a definite political slant, and an agenda to serve. I hope this serves as a cautionary tale for those who still believe the fiction about the Liberal Media (that doesn’t exist, except in the fevered imaginations of right wingnuts).

I received this email this morning from Bob Fulkerson at PLAN:

Friends,

Please find attached the complaint against PLAN for alleged copyright violations filed by “Righthaven”, on behalf of the Las Vegas Review Journal.  Apparently, they would like to shut us down and have demanded our domain name and lots of money. It is an absurd and vindictive suit; we are 100% confident that PLAN is in compliance with the law.

We posted excerpts of RJ stories, then linked to the full article. That is common practice across thousands of websites.  The first item in their complaint is pretty typical. Three out of about 29 paragraphs were quoted. The Fair Use standard is 25%, which we have not violated.

In every one of the articles cited in their complaint, someone from PLAN is quoted in the story.  As Emily Green points out in her blog (pasted below), the R-J is now suing its own source!  

Perhaps we should start an RJ accountability movement in which none of us agree to be quoted by the RJ until we can be assured they won’t sue us for sharing the story in which we were quoted. 

Certainly we won’t see in their bullseye the mining industry, NV Policy Research Institute, or other corporate/right-wing entities for whom the RJ stumps and cheerleads on a daily basis!

Nevertheless, we are taking this very seriously.  

This comes at a time when we are also preparing to defend ourselves against international mining corporations before the Nevada Supreme Court for having the audacity to believe that mining should pay its fair share of taxes. 

To obtain the best legal representation possible, we are forced to spend money we didn’t budget for in an already tight funding environment.  Any extra support you can provide would be deeply appreciated!

Times like these remind me of what they said during the civil rights battles: “Unless you’re taking shi-, you ain’t doing shi-!”

Let me know if you have any questions, and please make use of the “Donate” button at the bottom of this email.

Thanks for your support!  

-Bob 

Suits accuse groups of posting copyrighted 
By Steve Green (contact)

Las Vegas Sun
Published Wednesday, May 5, 2010 | 9:20 a.m.
The Progressive Leadership Alliance of Nevada and two other organizations were sued Tuesday in federal court in Las Vegas over allegations they posted unauthorized copies of Las Vegas Review-Journal stories on their websites.

Tuesday’s lawsuits bring to 11 the number of copyright infringement lawsuits filed this spring against website operators by Righthaven LLC, a Las Vegas company that has been obtaining copyrights to R-J stories and suing website operators that allegedly infringe on those copyrights.

Also sued Tuesday were KillerFrogs.com Inc., a Texas corporation whose website focuses on Texas Christian University and Mountain West Conference sports; and Dr. Shezad Malik Law Firm P.C., a Texas law firm that Righthaven says runs the website www.dallasfortworthinjurylawyer.com.

A request for comment on the allegations was placed with the Texas law firm. Officials at KillerFrogs.com couldn’t be reached for comment.

Bob Fulkerson, director of the Progressive Leadership Alliance of Nevada, said officials at the Review-Journal are being hypocritical by regularly complaining in editorials about unnecessary litigation in society — and then suing PLAN without first trying to resolve the problem out of court.

“If they would have picked up the phone and said, `we have a problem with you posting these stories,’ we would have obliged them,” Fulkerson said.

Fulkerson said it’s doubtful mining industry Web sites would be sued since PLAN believes the R-J is cozy with the mining industry.

“It appears they’re suing groups that don’t agree with their political agenda,” Fulkerson said.

http://www.lasvegassun.com/news/2010/may/05/suits-accuse-groups-posting-copyrighted-r-j-storie/

Review-Journal sues its own source

Chance of Rain

Emily Green

May 5, 2010

Anyone who doubts that copyright law is out of step with fair play and how journalism is gathered should consider that yesterday representatives for the Las Vegas Review-Journal filed suit against the Progressive Leadership Alliance of Nevada.

The case against the liberal advocacy group joins a growing list of complaints by the R-J’s parent company, Stephens Media, and its legal affiliate, Righthaven LLC, which in recent months have filed suit against a growing number of organizations as disparate as a Killerfrogs.com, a sports booster website of the Texas Christian University, the National Organization for the Reform of Marijuana Laws and  a realtor from Henderson, Nevada.

Each suit claims copyright infringement on the grounds that the organizations posted articles by Stephens Media outlets on their websites.

Leaving aside the Killer Frogs, marijuana advocates and the realtor, what makes yesterday’s lawsuit against the Progressive Leadership Alliance of Nevada remarkable is that  among the exhibits in the complaint is one for posting a story on its website in which PLAN itself was a subject of the article. 

The August 9, 2009 story “Pipeline receives go-ahead” quotes PLAN executive director Bob

While it is clear that the dark art of Internet “aggregation” has websites routinely stretching copyright laws, and while it is also clear that, strictly interpreted, it is illegal for a group to post copyrighted materials without permission, it the height of stupidity for a news organization to sue its own source over display of an article in which the defendant figures prominently.

Fulkerson was quoted today in the Las Vegas Sun as saying, “It appears they’re suing groups that don’t agree with their political agenda.”

That may be true, but that also may just be gravy. To judge by an earlier Sun story, the R-J’s proprietor is suing anyone who might think that what they publish is worthy of display. Fulkerson on a controversial Southern Nevadan water project that aims to tap the groundwater of rural Nevadans to serve Las Vegas. Most of the other subjects quoted were members of PLAN and its affiliate, the Great Basin Water Network.

http://chanceofrain.com/2010/05/review-journal-sues-its-own-source/

###

 

 

Bob Fulkerson
State Director
Progressive Leadership Alliance of Nevada
821 Riverside Drive
Reno, Nevada  89503
(775) 348-7557
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Here are the links to the lawsuits filed by Righthaven LLC:

http://www.rfcexpress.com/lawsuit.asp?id=58225

http://www.citmedialaw.org/threats/righthaven-llc-v-norml

http://www.citmedialaw.org/threats/righthaven-llc-v-moneyreign-inc

http://dockets.justia.com/docket/court-nvdce/case_no-2:2010cv00351/case_id-72150/

Comments

[bluelyon]

Unbelieveable.