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Righthaven Loses SECOND Fair Use Ruling in Copyright Lawsuits

Righthaven is on the run, but they are still filing suits.

By Steve Green | Las Vegas Sun
Friday, March 18, 2011

An Oregon nonprofit did not infringe on copyrights when it posted without authorization an entire Las Vegas Review-Journal story on its website, a judge ruled Friday.

U.S. District Judge James Mahan said during a hearing he planned to dismiss, on fair use grounds, a copyright infringement lawsuit filed against the Center for Intercultural Organizing (CIO), in Portland, Ore.

Continue at the Las Vegas Sun

h/t Colleen Lynn @ Righthaven Victims.

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I call them "Wrong-Haven" for now on....

They are backed by the illegal, unconstitutional Department of Homeland Security.

Therefore they aren't really the government.
They have no right to tell me what to do.
None.

Get out of here "Wrong-Haven", and go back to Chicago and their completely morally bankrupt School Unions, Obama's Harvard Institute, Trilateral Commission, AIPAC and alphabet soup trifectas known as the peaceful "Friends of Syria".

It is quite cheap and rapid to set up a blog site and fill it...

if we FLOOD the net with thousands of "shell" sites were full length articles are republished ... they world literally go broke trying to sue them all !!!

Discover Costa Rica

Quitecraven...

...takes it on the chin!

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what about filing a lawsuite

what about filing a lawsuite against them for them filing frivolous suites?

Michael Nystrom's picture

So far they're not deemed 'frivolous'

The thing about internet copyright law is that it is fairly well undefined as of yet. Cases like the ones Righthaven are filing are how the law gets determined. I would expect some of them to go all the way to the Supremes.

HOWEVER, that being said, if Righthaven is involved in fraud with Stephens Media, as there is some indication they may be

http://www.lasvegassun.com/news/2011/mar/04/defense-attorney...

Then there is definitely a case to be made for a class action counterclaim.

If these copyright assignments are simply a sham for the purpose of Righthaven being able to sue, then both Stephens Media and Righthaven are going to be in big trouble.

This is the kind of information that needs to come out in discovery in a trial. So far, most defendants have settled, so the nature of the copyright assignment remains a mystery.

But what we do know is that the articles that Righthaven supposedly "owns" are still being published, displayed and even sold by Stephens Media on the LVRJ site. That's weird, if Righthaven owns the copyrights. Also, Righthaven doesn't publish any of the articles it supposedly owns, leading to the apparently clear conclusion that this whole thing is just about suing.

This is known as champerty and is illegal in Nevada, where the majority of these cases have been filed. More here:

http://www.lasvegassun.com/news/2010/dec/08/ties-between-ste...

It ain't over, and it gets more interesting by the day.

Also a cause of action for Abuse of Legal Process

This is an abuse of legal process claim as well. Righthaven does not own any of the purported copyright material at the time of the blog postings. Instead Righthaven searches the net to find some blurb quotation posted on a blog and then afterwards goes to the original creator/owner of the materials and obtains the copyright from them solely for the purpose of pursuing a lawsuit.

Righthaven never owned the copyrights at the time of the alleged infringements. How could Righthaven have been damaged? They are not out publishing or promoting the materials for any beneficial use. They have no intent whatsover to use the copyright material for commercial or other purposes. They are buying claims solely for the purpose of filing lawsuits for the ulterior nefarious purpose of intimidating bloggers, creating a threatening environment to chill speech, and promote self censorship through fear of Righthaven lawsuits.

Righthaven's lawsuit abuse is about as clear a case of Abuse of Process as can be. Every lawyer defending a Righthaven case worth his own name ought to be filing counterclaims against Righthaven as well as its partners and anyone else involved in the planning and implementation of its abuse of legal process.

Let it not be said that we did nothing.-Ron Paul
Stand up for what you believe in, even if you stand alone.-Sophia Magdalena Scholl

Wonderful

another Big victory.

Thanks for posting this.

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