• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Legal attack on VCDL fails, but at a cost - Donation request

ed

Founder's Club Member - Moderator
Joined
Mar 8, 2008
Messages
4,841
Location
Loudoun County - Dulles Airport, Virginia, USA
WHAT HAPPENED

Back on September 29, 2010 a Nevada litigation company called Righthaven filed a lawsuit against VCDL alleging copyright infringement for the use of a Las Vegas Review-Journal story in a VCDL Update. (The story in the VA-ALERT Update on July 21, 2010, was item number 31 about a CHP holder who was shot to death by police at a Costco in Las Vegas when the CHP holder didn't comply with two simultaneous and hopelessly conflicting orders from police - "Don't move!" and "Put your gun on the ground!")

What Righthaven was doing with the suit was a form of legal extortion: "Give us a bunch of money to drop the suit or you'll have to pay a lot more money to an attorney to defend yourself!"

VCDL was in good company - Righthaven filed at least 276 such lawsuits in a little over a year! These suits were going to be a primary source of income for Righthaven.

A list of all those sued by Righthaven (VCDL is number 142 on the list) can be found here:

http://www.righthavenlawsuits.com/lawsuits.html


HOW THE SCHEME WORKED

Righthaven would scan the internet for anyone having stories on their website from the Las Vegas Review-Journal or from a few other selected newspapers. Once a story was found, then Righthaven would buy the litigation rights to that story from the newspaper, and without any warning immediately sue the company, organization, or individual that had posted the story.

In VCDL's case, Righthaven was seeking $150,000 from us and to have the "vcdl.org" domain transferred to Righthaven!

To try to twist the rope tighter for a settlement, Jim Snyder, VCDL's Vice President, and I were also named individually as defendants.


VCDL BOARD OF DIRECTORS'S RESPONSE

If Righthaven didn't want a fight, then they picked the wrong organization to sue. The Board simply would not tolerate the idea of caving in to Righthaven and voted unanimously to fight the case to completion. When we stood to fight them, Righthaven's attorneys then hinted to our attorneys that they might consider a smaller out-of-court settlement from us. Settlement was simply out of the question for two reasons: we had done nothing wrong and it would also encourage Righthaven to continue these illegitimate and unfair practices against other companies, groups, and individuals.

Ultimately VCDL believed we would be vindicated because:

* VCDL is a NON-PROFIT corporation. So it could not be claimed that we published the story to make money on it.

* There is a "fair use" exemption in the law for using such a story for educational purposes. BINGO! That's what we use them for every time. Most often I mark up the story with my own comments, as well.

Because VCDL is a corporation, its individual Directors are shielded from most lawsuits. However, that would have still put a draw on personal funds for Jim and me until such time as the courts removed us from the suit.

Also, VCDL had not been given any notification that there was something wrong. Instead Righthaven just sued VCDL out of the clear blue sky, which, of course, was what this was all about from the beginning. Righthaven didn't want us to fix the problem; they wanted our money.


AN EQUAL OPPORTUNITY PREDATOR

This attack on VCDL was not about gun rights. If you look at the list of those being sued, you'll notice no common thread politically or philosophically. VCDL had unfortunately caught a predator's attention and was dragged into a fight.


WHERE WE ARE NOW

Always frugal with membership funds, the VCDL Board of Directors felt that we didn't need to contact members for money to support the fight, as we felt we would win and could sue to get our very costly legal expenses reimbursed. The problem is that the firms which stood up and fought back, like VCDL was doing, were winning their cases as they came up, which ultimately caused Righthaven to go broke!

So by the time the show-cause judicial hearing came up, Righthaven, seeing the writing on the wall, didn't even show up. Righthaven's case against VCDL has been dismissed, but VCDL is left with $30,000 in legal fees with no chance of recovery from our now financially defunct accuser.

While we are pleased and relieved that Righthaven did not succeed in its morally and ethically corrupt mission against us, the depletion of VCDL's cash flow in defending against them seriously harms our immediate capability to successfully engage attacks to our rights on all fronts.

We need YOUR help now!

As you know, we as an organization rarely ask for money even though that is the grease that allows the wheels to turn. And we would not be asking now if it wasn't critical. You can rest assured that we will continue to spend carefully and frugally as though the money comes from all of our own pockets (because we understand that it does!)

Thanks in advance for anything you can do to help us continue our most urgent mission to safeguard and advance our right to keep and bear arms in Virginia.

To donate to VCDL, please click on this link:\

https://mobipledge.mobi/vcdl/webpledge/index.php

Thanks!

--

A small sampling of historical information on the RIghthaven lawsuits:

A group countersues early on:

From the Las Vegas Sun: http://tinyurl.com/d72rz7g

Things begin to unravel:

From the Las Vegas Sun: http://tinyurl.com/4abdhrq

VCDL's case is dismissed:

From Vegas Inc.: http://tinyurl.com/7a3t3gm
 

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
I had no idea VCDL had been dragged into this scam. The last link says that there is a long line of winners hoping to get some money back. I hope they go after the personal assets of these vermin. There was also a report about them being in contempt of court for failing to turn over financial documents to some of those who won, certainly trying to hide every last penny. I hope they end up broke, and in jail!

I have no tolerance for those who abuse our legal system for personal gain.

TFred
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
I had no idea VCDL had been dragged into this scam. The last link says that there is a long line of winners hoping to get some money back. I hope they go after the personal assets of these vermin. There was also a report about them being in contempt of court for failing to turn over financial documents to some of those who won, certainly trying to hide every last penny. I hope they end up broke, and in jail!

I have no tolerance for those who abuse our legal system for personal gain.

TFred

This is an old copyright scam. They threatened to do the same because of OV's syndicated links. I guess my FU response impressed them.

Is VCDL going after damages?
 

ryan7068

Regular Member
Joined
Apr 8, 2011
Messages
185
Location
Chesapeake, VA
"Stand-your-ground" law support

This is VCDL supporting the stand-your-ground law :lol: I couln't imagine having to dish out all that money over such nonsense.
 

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
This is an old copyright scam. They threatened to do the same because of OV's syndicated links. I guess my FU response impressed them.

Is VCDL going after damages?
May do no good.. from the end of the story:

"Always frugal with membership funds, the VCDL Board of Directors felt that we didn't need to contact members for money to support the fight, as we felt we would win and could sue to get our very costly legal expenses reimbursed. The problem is that the firms which stood up and fought back, like VCDL was doing, were winning their cases as they came up, which ultimately caused Righthaven to go broke!

So by the time the show-cause judicial hearing came up, Righthaven, seeing the writing on the wall, didn't even show up. Righthaven's case against VCDL has been dismissed, but VCDL is left with $30,000 in legal fees with no chance of recovery from our now financially defunct accuser."

TFred
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
May do no good.. from the end of the story:

"Always frugal with membership funds, the VCDL Board of Directors felt that we didn't need to contact members for money to support the fight, as we felt we would win and could sue to get our very costly legal expenses reimbursed. The problem is that the firms which stood up and fought back, like VCDL was doing, were winning their cases as they came up, which ultimately caused Righthaven to go broke!

So by the time the show-cause judicial hearing came up, Righthaven, seeing the writing on the wall, didn't even show up. Righthaven's case against VCDL has been dismissed, but VCDL is left with $30,000 in legal fees with no chance of recovery from our now financially defunct accuser."

TFred

You're probably right and that's probably why the left me alone. Figured I didn't have any money.
I'll send in a small donation. VCDL certainly has enough members to cover it.
 

T Dubya

Campaign Veteran
Joined
Feb 11, 2008
Messages
914
Location
Richmond, Va, ,
Warning: The comments on the video are profane.


[video=youtube;GOsL99mAXS8]http://www.youtube.com/watch?v=GOsL99mAXS8[/video]
 

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
Just an off-topic observation.

It is a serious lese majesty when the VCDL Prez has only 5 stars by his name, and his EM's around here have six stars. :)

I think there should be $100 fines all around, used to offset VCDL's Wronghaven legal costs. :)

Meaning, anybody with more stars than the VCDL Prez should pay $100 per star.

Uh-oh! No. Wait. All it would take is for Philip to ask to have his stars reduced to one star, and suddenly I would owe $300! No, no, no. Scratch that idea. :D
 
Last edited:

thebigsd

Founder's Club Member
Joined
Mar 23, 2010
Messages
3,535
Location
Quarryville, PA
I will send what I can to help!! Of course, it may have been more prudent to ask for money all along, but I understand the reasoning.
 

1911 Enthusiast

Regular Member
Joined
Feb 5, 2012
Messages
77
Location
Heart of Appalachia
VCDL certainly has enough members to cover it.

Roughly four bucks apiece. Worth it I think even though I don't take the time to read through those newspaper clippings in the alerts. Then again, I don't read that section the NRA puts together either. I guess the NRA didn't get sued by this crowd since they merely give a summary of the salient points of the stories with appropriate credits rather than a wholesale cut 'n paste for "education."

We'll put out a labeled can with a $30k thermometer at the next gun show and see what kind of a response we get from the rank & file. By then the board members/executive members who made the top-level decisions on how to proceed with this and who to hire as counsel will have had time to contribute. Should see some rapid upward thermometer movement as they kick in the big bucks. That'll make it easier to persuade folks to do their part and drop some loose change in the can.

I do have one question though which is bound to come up as folks talk about the cash flow problem around the booth. Since VCDL is a corporation; albeit non-profit, isn't there an insurance policy in place to protect the organization and board members against litigation, defamation claims, etc? Heck, my umbrella policy covers me and my family against things like this; surely VCDL has something similar. Why weren't they in the lead?
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
I do have one question though which is bound to come up as folks talk about the cash flow problem around the booth. Since VCDL is a corporation; albeit non-profit, isn't there an insurance policy in place to protect the organization and board members against litigation, defamation claims, etc? Heck, my umbrella policy covers me and my family against things like this; surely VCDL has something similar. Why weren't they in the lead?

It depends on the type of Corp ...1911

My insurance for OV would have covered it to the limits but I deal with copyrights all the time.
My insurance for the farm wouldn't.
 
Top