Case 2:10-cv-01129-KJD-PAL Document 7 Filed 08/03/10 Page 1 of 13

1 MARC E. EL1AS, ESQ.

(pro hac vice application pending)
2 EZRA W. REESE, ESQ.
(pro hac vice application pending)
3 PERKINS COIE LLP
607 Fourteenth Street N.W.
4 Washington, D.C. 20005-2003
Tel: (202) 628.6600
5 Email: melias@perkinscoie.com
Email: ereese@perkinscoie.com
c
o

BRADLEY S. SCHRAGER, ESQ.

7 Nevada Bar No. 10217
JONES VARGAS
8 3773 Howard Hughes Parkway
Third Floor South
9 Las Vegas, Nevada 89169
Tel: (702) 862-3300
10 Email: bschrager@jonesvargas.com

11 Attorneys for Defendant

12
UNITED STATES DISTRICT COURT
13
DISTRICT OF NEVADA
14

15
RIGHTHAVEN LLC,
16
Plaintiff,
17
V. Case No.: 2:10-cv-01129
18
DEFENDANT'S ANSWER TO
19 DEMOCRATIC PARTY OF NEVADA, COMPLAINT AND AFFIRMATIVE
DEFENSES
20 Defendant.

21

22 Defendant Democratic Party of Nevada (the "Party") responds to Plaintiffs Complaint as

23 follows:

24
NATURE OF ACTION
25
1. This is an action for copyright infringement pursuant to 17 U.S.C. § 501.
26

27

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1 RESPONSE: THE PARTY ADMITS THAT PLAINTIFF PURPORTS TO BRING THIS

ACTION PURSUANT TO 17 U.S.C. S 501.PARTIES
2
2. Righthaven is, and has been at all times relevant to this lawsuit, a Nevada limited-

liability company with its principal place of business in Nevada.

4

RESPONSE: The Party lacks sufficient knowledge or information to admit or deny the
6
allegations in paragraph 2.
7

3. Righthaven is, and has been at all times relevant to this lawsuit, in good standing
9
with the Nevada Secretary of State.
10

RESPONSE: The Party lacks sufficient knowledge or information to admit or deny the
12
allegations in paragraph 3.
13

14
4. The Defendant is, and has been at all times relevant to this lawsuit, a Nevada

domestic non-profit coop association with its principal place of business in Nevada.
16

RESPONSE: The Party admits the allegations in paragraph 4.

18

19
5. The Defendant is, and has been at all times relevant to this lawsuit, identified by
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the current registrar, Network Solutions, LLC. ("Network Solutions"), as a registrant of the

Internet domain found at <nvdems.com> (the "Domain").

22

23
RESPONSE: The Party admits the allegations in paragraph 5.
24

25
6. At all times relevant to this lawsuit, the Defendant claims ownership of the

copyright(s) in and to the literary works posted as part of the content accessible through the
27
Domain (said content accessible through the Domain, and the Domain itself known herein as the
28

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1 "Website") as evidenced by a copyright notice displayed on the Website: "Copyright 2010

2 Nevada State Democratic Party."

4 RESPONSE: The Party denies the allegations in paragraph 6 except to admit that at all

5 times relevant to this lawsuit, "Copyright 2010 Nevada State Democratic Party" was displayed on

6 the Website.

7
JURISDICTION

7. This Court has original subject matter jurisdiction over this copyright infringement
9
action pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1338(a).
10

11
RESPONSE: Paragraph 7 is a conclusion of law to which no response is required.
12

13
8. Righthaven is the owner of the copyright in and to the literary work entitled:
14
"Statewide numbers: Gaming revenues jump 13.9 percent" (the "Work"), attached hereto as
15
Exhibit 1.
16

17
RESPONSE: The Party lacks sufficient knowledge or information to admit or deny the
18
allegations in paragraph 8.
19

20
9. The Defendant willfully copied, on an unauthorized basis, the Work from a source
21
emanating from Nevada.
22

23
RESPONSE: The allegations in paragraph 9 are conclusions of law to which no response
24
is required. If and to the extent a response to those allegations is deemed required, the Party
25
denies the allegations.
26

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1 10. On or about April 8, 2010, the Defendants displayed and continue to display an

2 unauthorized reproduction of the Work (the "Infringement"), attached hereto as Exhibit 2.

4 RESPONSE: The Party admits that it displayed the Work on or about April 8,2010. The

5 Party denies that it continues to display the Work. The Party denies the remaining allegations in

6 paragraph 10.

8 11. The Defendant willfully copied, on an unauthorized basis, the literary work

9 entitled: "For these U.S. Senate candidates, happiness is a warm gun" (the "Warm Gun Article"),

10 attached hereto as Exhibit 3, from a source emanating from Nevada.

11

12 RESPONSE: The allegations in paragraph 11 are conclusions of law to which no

13 response is required. If and to the extent a response to those allegations is deemed required, the

14 Party denies the allegations.

15

16 12. On or about May 11, 2010, the Defendant displayed, and continues to display, the

17 Warm Gun Article on the Website.

18

19 RESPONSE: The Party admits that it displayed the Warm Gun Article on or about May

20 11,2010. The Party denies that it continues to display the Warm Gun Article.

21

22 13. The Defendant willfully copied, on an unauthorized basis, the literary work

23 entitled: "Program helps keep those who hit hard times off the streets" (the "Program Helps

24 Article"), attached hereto as Exhibit 4, from a source emanating from Nevada.

25

26 RESPONSE: The allegations in paragraph 13 are conclusions of law to which no

27 response is required. If and to the extent a response to those allegations is deemed required, the

28 Party denies the allegations.

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2 14. On or about May 14, 2010, the Defendant displayed, and continues to display, the

3 Program Helps Article on the Website.

5 RESPONSE: The Party admits that it displayed the Program Helps Article on or about

6 May 14,2010. The Party denies that it continues to display the Program Helps Article.

8 15. The Defendant willfully copied, on an unauthorized basis, a substantial and

9 significant portion of the literary work entitled: "Senate overhauls financial regulations" (the

10 "Senate Overhauls Article"), attached hereto as Exhibit 5, from a source emanating from Nevada.

11

12 RESPONSE: The allegations in paragraph 15 are conclusions of law to which no

13 response is required. If and to the extent a response to those allegations is deemed required, the

14 Party denies the allegations.

15

16 16. On or about May 23,2010, the Defendant displayed, and continues to display, the

17 Senate Overhauls Article on the Website.

18

19 RESPONSE: The Party denies the allegations in paragraph 16 except to admit that it

20 displayed a portion of the Senate Overhauls Article on or about May 23,2010.

21

22 17. The Defendant willfully copied, on an unauthorized basis, a substantial and

23 significant portion of the literary work entitled: "Reid says Bank of America opening mortgage

24 modification centers" (the "Reid Article"), attached hereto as Exhibit 6, from a source emanating

25 from Nevada.

26

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1 RESPONSE: The allegations in paragraph 17 are conclusions of law to which no

2 response is required. If and to the extent a response to those allegations is deemed required, the

3 Party denies the allegations.

5 18. On or about May 13,2010, the Defendant displayed, and continues to display, the

6 Reid Article on the Website.

8 RESPONSE: The Party denies the allegations in paragraph 18 except to admit that it

9 displayed a portion of the Reid Article on or about May 13,2010.

10

11 19. The Defendant purposefully directs and effectuates the unauthorized reproduction

12 of a Righthaven-owned copyrighted work on the Website.

13

14 RESPONSE: The Party denies the allegations in paragraph 19.

15
VENUE
16
20. The United States District Court for the District of Nevada is an appropriate venue,
17
pursuant to 28 U.S.C. § 1391(b)(2), because a substantial part of the events giving rise to the
18
claim for relief are situated in Nevada.
19

20
RESPONSE: To the extent paragraph 20 is a conclusion of law, no response is required.
21
The Party denies that Plaintiff has a viable claim for relief. The Party admits that the facts alleged
22
in the Complaint took place in Nevada.
23

24
21. The United States District Court for the District of Nevada is an appropriate venue,
25
pursuant to 28 U.S.C. § 1391(b)(3) and § 1400(a), because the Defendant may be found in
26
Nevada.
27

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1 RESPONSE: To the extent paragraph 21 is a conclusion of law, no response is required.

2 The Party admits that it is located in Nevada.

4 22. The United States District Court for the District of Nevada is an appropriate venue,

5 pursuant to 28 U.S.C. § 1391(c), because the Defendant is subject to personal jurisdiction in

6 Nevada.

8 RESPONSE: Paragraph 22 is a conclusion of law to which no response is required.

9
FACTS
10
23. The Work constitutes copyrightable subject matter, pursuant to 17 U.S.C.
11
§ 102(a)(l).
12
RESPONSE: The Party admits the allegations in paragraph 23.
13

14
24. Righthaven is the owner of the copyright in and to the Work.
15

16
RESPONSE: The Party lacks sufficient knowledge or information to admit or deny the
17
allegations in paragraph 24.
18

19
25. The Work was originally published on April 8,2010.
20

21
RESPONSE: The Party admits the allegations in paragraph 25.
22

23
26. On June 23, 2010, the United States Copyright Office (the "USCO") granted
24
Righthaven the registration to the Work, copyright registration number TX0007161082 (the
25
"Registration") and attached hereto as Exhibit 7 is evidence of the Registration in the form of a
26
printout of the official USCO database record depicting the occurrence of the Registration.
27

28

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1 RESPONSE: The Party admits the allegations in paragraph 26.

3 27. On or about April 8,2010, the Defendant displayed the Infringement on the

4 Website.

6 RESPONSE: The Party admits that it displayed the Work on or about April 8,2010. The

7 Party denies that its display of the work is properly characterized as "Infringement."

9 28. Democratic Party of Nevada did not seek permission, in any manner, to reproduce,

10 display, or otherwise exploit the Work.

11

12 RESPONSE: The Party admits the allegations in paragraph 28.

13

14 29. Democratic Party of Nevada was not granted permission, in any manner, to

15 reproduce, display, or otherwise exploit the Work.

16

17 RESPONSE: The Party admits the allegations in paragraph 29.

18
CLAIM FOR RELIEF; COPYRIGHT INFRINGEMENT
19
30. Righthaven repeats and realleges the allegations set forth in Paragraphs 1 through
20
29 above.
21

22
RESPONSE: For its response to paragraph 30, the Party incorporates its responses to
23
paragraphs 1 through 29 as though fully set forth herein.
24

25
31. Righthaven holds the exclusive right to reproduce the Work, pursuant to 17 U.S.C.
26
§ 106(1).
27

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1 RESPONSE: The Party lacks sufficient knowledge or information to admit or deny the

2 allegations in paragraph 31.

4 32. Righthaven holds the exclusive right to prepare derivative works based upon the

5 Work, pursuant to 17 U.S.C. § 106(2).

7 RESPONSE: The Party lacks sufficient knowledge or information to admit or deny the

8 allegations in paragraph 32.

10 33. Righthaven holds the exclusive right to distribute copies of the Work, pursuant to

11 17 U.S.C. §106(3).

12

13 RESPONSE: The Party lacks sufficient knowledge or information to admit or deny the

14 allegations in paragraph 33.

15

16 34. Righthaven holds the exclusive right to publicly display the Work, pursuant to 17

17 U.S.C. § 106(5).

18

19 RESPONSE: The Party lacks sufficient knowledge or information to admit or deny the

20 allegations in paragraph 34.

21

22 35. The Defendant reproduced the Work in derogation of Righthaven's exclusive

23 rights under 17 U.S.C. § 106(1).

24

25 RESPONSE: The Party denies the allegations in paragraph 35.

26

27 36. The Defendant created an unauthorized derivative of the Work in derogation of

28 Righthaven's exclusive rights under 17 U.S.C. § 106(2).

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2 RESPONSE: The Party denies the allegations in paragraph 36.

4 37. The Defendant distributed, and continues to distribute, an unauthorized

5 reproduction of the Work on the Website, in derogation of Righthaven's exclusive rights under 17

6 U.S.C. § 106(3).

8 RESPONSE: The Party denies the allegations in paragraph 37.

10 38. The Defendant publicly displayed, and continues to publicly display, an

11 unauthorized reproduction of the Work on the Website, in derogation of Righthaven's exclusive

12 rights under 17 U.S.C. § 106(5).

13

14 RESPONSE: The Party denies the allegations in paragraph 38 except to admit that it

15 publicly displayed the Work on the Website.

16

17 39. The Defendant willfully engaged in the copyright infringement of the Work.

18

19 RESPONSE: The Party denies the allegations in paragraph 39.

20

21 40. The Defendant's acts as alleged herein, and the ongoing direct results of those acts,

22 have caused and will continue to cause irreparable harm to Righthaven in an amount Righthaven

23 cannot ascertain, leaving Righthaven with no adequate remedy at law.

24

25 RESPONSE: The Party denies the allegations in paragraph 40.

26

27 41. Unless the Defendant is preliminarily and permanently enjoined from further

28 infringement of the Work, Righthaven will be irreparably harmed, and Righthaven is thus entitled

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1 to preliminary and permanent injunctive relief against further infringement by the Defendant of

2 the Work, pursuant to 17 U.S.C. § 502.

4 RESPONSE: The Party denies the allegations in paragraph 41.

6 Plaintiffs Prayer for Relief contains requests for relief to which no response is required.

7 The Party denies that Plaintiff is entitled to any relief.

9 AFFIRMATIVE DEFENSES

10 The Party further responds to the Complaint by alleging the following affirmative

11 defenses:

12 1. The Complaint fails to state a claim upon which relief may be granted.

13 2. The Party's activities complained of in the Complaint constitute fair use of any

14 copyrighted works pursuant to 17 U.S.C. § 107.

15 3. Plaintiff has failed to use reasonable diligence and due care to mitigate damages, if

16 any

17 4. The Party reserves the right to add additional defenses or claims as discovery in

18 this matter progresses.

19

20

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1 PRAYER FOR RELIEF

2 WHEREFORE, Defendant demands the ibllowing relief:

A. Dismissal of Plaintiff s claims with prejudice;

4 B. Denial of any and all relief requested by Plaintiff:

5 C. Defendants attorneys' fees and costs of suit; and

6 D. Such other relief as the Court may deem just and proper.

8 DATED: August ^ ,2010.

9

10

11 ivlARC E. EL1AS, ESQ.

(pro hoc vice application pending)
12 EZRA W. REESE, ESQ.
(pro hac vice application pendinsi)
13 PERKINS COIE LLP
607 Fourteenth Street N.W.
14 Washington. D.C. 20005-2003
Tel: (202)628.6600
15 Email: melias@pcrkinscoie.com
Email: creese^perkinscoie.com
16
BRADLEY S. SCHRAGER, ESQ.
17 Nevada Bar No. 10217
JONES VARGAS
3773 Howard Hughes Parkway
Third Floor South
19 Las Vegas. Nevada 89169
Tel: (702) 862-3300
20 Email: bschragcr@jonesvargas.com

21 Attorneys for Defendant

22

23

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4I3.I3-00U2/LEGAUSK13-116.1 ~]2~
 Case 2:10-cv-01129-KJD-PAL Document 7 Filed 08/03/10 Page 13 of 13

1 CERTIFICATE OF SERVICE

2 Pursuant to Fed.R.Civ.P.5(b), and Section IV of District of Nevada Electronic Filing

3 Procedures, I certify that I am an employee of JONES VARGAS, and that the following

document, DEFENDANTS ANSWER TO COMPLAINT AND AFFIRMATIVE

5 DEFENSES was served via electronic service on August 3,2010, to the parties shown below:

6 Joseph C. Chu, Esq.

John Charles Coons, Esq.
7 Righthaven, LLC
9960 West Cheyenne Avenue
8 Las Vegas, Nevada 89129
E-mail: jchufa).righthaven.com
9 E-mail: icoons@righthaven.com

10 Steven A. Gibson, Esq.

Gibson Lowry Burris, LLP
11 7201 West Lake Mead Blvd., Suite 503
Las Vegas, Nevada 89128
12 E-mail: sgibson@,gibsonlowrv.com

13

14
/s/ Lea Ross
15 An Employee of Jones Vargas

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