NOT THE SHARPEST KNIFE IN THE DRAWER: Computer Technology Fells Copyright Troll
Things haven’t been going so well lately for copyright troll Righthaven, what with its spate of courtroom defeats and a judge slamming the company for failing to disclose a conflict of interest involving a case brought on behalf of Stephens Media, which owns the Las Vegas Review-Journal. Ordered to respond to U.S. District Court Judge Roger Hunt to show cause why it shouldn't be sanctioned for its "egregious" and "flagrant misrepresentation" to the court about its financial relationship with Stephens Media, Righthaven attorney Shawn Mangano submitted his response a day late? Why? Wired.com explains that Mangano claims an automatic software update “caused my internet browser to be incompatible with the court’s CM/ECF electronic filing system”:
While the CM/ECF system was accessible to me, it did not permit any files to be attached (.pdf) for submission,” Mangano wrote the judge.
The judiciary’s filing service is generally compatible with the major browsers, including Internet Explorer, Safari, Firefox and Chrome. Mangano did not respond for comment. …
Hunt wanted Righthaven to explain why it failed to disclose, under a rule of civil procedure, that Las Vegas firm Stephens Media had a “pecuniary interest” (.pdf) in the outcome of Righthaven cases.
The Stiletto doubts the judge will buy this excuse, since Mangano had several workarounds to overcome the alleged glitch: He could have E-mailed the documents to a colleague to upload to the court's electronic filing system; uninstalled the browser update and proceeded with the document upload himself; switched to another browser (like Safari, Firefox and Chrome); used a smartphone to upload the document; or transferred the document to a flash drive and uploaded from another computer.
The bloggers Righthaven persecuted for quoting snippets of articles must be reveling in schadenfreude over the troll being tripped up by technology – and having to convince a judge of it under penalty of perjury.
or faxed it in or typed it and walked it over. Busted!!
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