Sharron Angle Settles With Righthaven
from the just-get-it-over-with dept
Separately, that same article highlights one person who's been sued who plans to fight back, no matter what the cost. Robert Zumbrunnen, who runs the popular Silicon Investor web board, doesn't seem to want to back down:
"I'm really as aggressive about this issue as I can be. But I can't, as they whine that I didn't, read all of the thousands of messages posted every day, devoting what would amount to every waking minute (only to fall further and further behind), rather than little things like operating the site as a business," Zumbrunnen said in an email. "It's obvious they don't really want a fight. Unfortunately, I rather enjoy a knock-down drag-out and they did swing first.Silicon Investor is really quite a large forum for tech investors, and I'm actually quite surprised to find out that they apparently never bothered to register a DMCA agent. Yet another reminder, that if you run a website that allows any user participation, you really should register a DMCA agent.
"They've been scratching out a living catching minnows in nets and have decided to test deeper waters with me. Or they have no clue that they're trying to intimidate not the average blogger here, but a grey-bearded guy who's been around the block more times than he can count.
"The average blogger is likely not very well-versed in the legal realities of online publishing, so my guess is they're hoping that I'm also not, and further hoping I have deep enough pockets to help line theirs but not deep enough to pay the real sharks (lawyers) to take care of these things.
"They chose poorly. There will be no settlement.
"If need be, I won't bat an eye at spending a multiple of any proposed settlement amount in the interest of defending myself and making an example of these folks, because it's very simply the right thing to do," Zumbrunnen concluded.
Still, even without a DMCA agent, given the sheer volume of content on Silicon Investor, it seems like Zumbrunnen should be able to make a strong case that the site's operators should not face liability for postings of users, even without the DMCA's specific safe harbor. It's just an issue of properly applying liability, which Righthaven has failed to do. Hopefully some of the smart lawyers who are fighting Righthaven's awful campaign will step up and help Silicon Investor as well.