Skip to comments.Righthaven judge: Review-Journal ‘implied license’ defense may have merit
Posted on 09/20/2010 6:35:22 PM PDT by redreno
Las Vegas copyright enforcement company Righthaven LLC has suffered a legal setback, with the newest federal judge in Las Vegas ruling one of the Righthaven defendants may have a meritorious defense in arguing the Las Vegas Review-Journal provides an "implied license" for the online reposting of its stories.
U.S. District Judge Gloria Navarro on Friday granted a request by defendant Jan Klerks of Chicago that a clerk's default against him be set aside so he can fight the Righthaven lawsuit -- a motion Righthaven had opposed.
(Excerpt) Read more at lasvegassun.com ...
Sounds like good news. A couple of gun forums I read now no longer allow posting anything but a link - not even 5 words, because they cannot afford a legal case of any kind.
Brand spanking new Judge..
Navarro, Gloria Maria
Born 1967 in Las Vegas, NV
Federal Judicial Service:
Judge, U. S. District Court, District of Nevada
Nominated by Barack Obama on December 24, 2009, to a seat vacated by Brian Edward Sandoval; Confirmed by the Senate on May 5, 2010, and received commission on May 6, 2010.
University of Nevada Las Vegas, B.A., 1989
Arizona State University College of Law, J.D., 1992
Private practice, Las Vegas, Nevada, 1993
Research and writing specialist, Office of the Federal Public Defender, Las Vegas, Nevada, 1993-1994
Private practice, Las Vegas, Nevada, 1994-2001
Deputy special public defender, Office of the Clark County Special Public Defender, Las Vegas, Nevada, 2001-2004
Chief Deputy District Attorney, Civil Division, Office of the Clark County District Attorney, Las Vegas, Nevada, 2005-2010
Race or Ethnicity: Hispanic
Dear God, please make that so. They certainly had an implied license up till recently.
The first step in obtaining relief from these legal piranhas is to have the guts (and I suppose the means) to fight them.
Kudos to Mr. Klerk for taking Righthaven on.
http://www.skyscrapercity.com is a really good website. I learned a heck of a lot about the options in the area regarding new construction from the forum when I bought a condo.
I think "the means" is the key. Righthaven is sueing the little guys who they know cannot afford to fight back and would rather settle for a small amount rather than go to court. It's good to see someone with some resources take them on.
I hope this ends up costing Righthaven a heck of a lot more money than they have extorted so far.
Those bloodsuckers need to be taught a lesson that causes others to take pause. Tort reform and Loser Pays are a good start.
Shakespeare was right.
That definition was a new one to me. I just remembered the old admiralty offense of scuttling a ship to claim the insurance.
This is a step in the right direction.
And lawyers wonder why the public hates them.
Wait until they claim a copyright on the link.
Yeah, it’s an old one, but you’re right about the defintion you know.
2. An unlawful breach of duty on the part of a ship’s master or crew resulting in injury to the ship’s owner: “Gross misconduct of the officers is . . . barratry” (Tom Clancy).
3. Sale or purchase of positions in church or state.
Sounds like a decent judge, despite being nominated by Obama.
Perhaps we have found a truly “wise Latina.”
That lawyers are on the frontline defending against tyranny?
That what Shakespeare “said.” Please disagree.
I thought he said something like “Romeo Romeo, where art thou”
Thanks for the ping. I hope these Righthaven lawyers find themselves penniless and thrown out into the streets. Clayton and I chose to go ahead and settle. We don’t have the funds to gamble on confronting these weasels.
If a couple of these challenges win, you should see if a class action litigation specialists would go after Righthaven on behalf of you and all the other smaller bloggers and individuals who were extorted into settling.
Judges will look for every loophole to screw these extortionists. The idea is to make fight tooth and nail to increase their costs of “doing business”
Navarro, Gloria Maria, Born 1967 in Las Vegas, NV... Nominated by Barack Obama on December 24, 2009, to a seat vacated by Brian Edward Sandoval; Confirmed by the Senate on May 5, 2010, and received commission on May 6, 2010.