2unexplained and undisclosed arrangement, allegedly acquires arguable rights in the content, (if any at all) to file suit for such potential acts of copyright infringement. Then without warning,Righthaven files multiple (essentially) identical federal complaints against unsuspecting personsacross the country for copyright infringement seeking the maximum statutory damages of $150,000, and a court order mandating non-party domain registrants to seize and transferDefendant’s property to Righthaven. Such lawsuits are primarily directed to small personalblogs, or other non-profit sites, where flummoxed and overwhelmed Defendants, are presentedwith a simple devils bargain - settle with Righthaven for several thousand dollars, defendyourself
, or hire an attorney and spend exponentially more attempting to defend againstsuch allegations.The present case is even more problematic. Mr. Hill is a 20 year old mentally andphysically disabled young man who has been unwittingly swept up in this unforgiving “businessmodel.” Mr. Hill is a resident of North Carolina, was the registrant domain name holder of thenot-for-profit website www.uswgo.com (“website”).
Hill Decl. ¶ 1, Roberta Decl. ¶ 9. Mr.Hill suffers from autism, as well as a rare and severe form of diabetes known as brittle type-1diabetes,
Attention Deficit Disorder and hyperactivity.
Hill Decl. ¶ 2, Roberta Decl. ¶ 1.
These severe medical conditions require around the clock attention which is provided by hisMother Roberta Hill.
Hill Decl. ¶ 3, and Roberta Decl. ¶ 2. Due to these medical conditions,Mr. Hill cannot work, and will likely not be able to work for the rest of his life.
Hill Decl. ¶4. Roberta Decl. ¶ 3. In particular, Mr. Hill’s blood sugar must be monitored around the clock,
Brittle diabetes is a term that describes a rare form uncontrolled type-1 diabetes. Less than 1% of people withinsulin-dependant diabetes experience brittle diabetes. People suffering from brittle diabetes frequently experienceextreme swings in blood sugar. Persons with brittle diabetes are frequently hospitalized, are limited in how muchthey can work and often exhibit psychological problems, including depression and stress which can add emotionaland financial stress on family members. www.diabetes.about.com/od/preventingcomplications/a/brittle.htm
Confirmation of such medical conditions having previously been shown to this Court through a true and correctcopy of a letter written by Dr. William H. Hickling, M.D. outlining Mr. Hill’s condition and some its concurrenthardships. See Plaintiffs 1
Unamended Answer Exhibit 4; Dkt. 4
Case 1:11-cv-00211-JLK Document 12-1 Filed 03/21/11 USDC Colorado Page 2 of 56