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Righthaven judge: Review-Journal ‘implied license’ defense may have merit
Las Vegas Sun ^ | Monday, Sept. 20, 2010 | 11:39 a.m. | By Steve Green

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 ...


TOPICS: Breaking News; Crime/Corruption; News/Current Events; US: Nevada
KEYWORDS: 14thamendment; dbm; equalprotection; fourteenthamendment; nevada; righthaven

1 posted on 09/20/2010 6:35:25 PM PDT by redreno
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To: redreno

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.


2 posted on 09/20/2010 6:40:04 PM PDT by Mr Rogers (When the ass brays, don't reply...)
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To: redreno

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.

Education:
University of Nevada Las Vegas, B.A., 1989
Arizona State University College of Law, J.D., 1992

Professional Career:
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

Gender: Female


3 posted on 09/20/2010 6:40:36 PM PDT by NormsRevenge (Semper Fi ... Godspeed .. Monthly Donor Onboard .. Obama: Epic Fail or Bust!!!)
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To: redreno

Dear God, please make that so. They certainly had an implied license up till recently.


4 posted on 09/20/2010 6:41:36 PM PDT by FastCoyote (I am intolerant of the intolerable.)
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To: redreno

How cool!

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.


5 posted on 09/20/2010 6:41:45 PM PDT by Nervous Tick (Trust in God, but row away from the rocks!)
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To: DaveLoneRanger

ping


6 posted on 09/20/2010 6:44:33 PM PDT by mnehring
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To: redreno

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.


7 posted on 09/20/2010 6:44:40 PM PDT by JerseyHighlander
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To: Nervous Tick
(and I suppose the means) to fight them.

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.

8 posted on 09/20/2010 6:59:12 PM PDT by Jean S
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To: abb

of note


9 posted on 09/20/2010 7:04:22 PM PDT by MrEdd (Heck? Geewhiz Cripes, thats the place where people who don't believe in Gosh think they aint going.)
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To: redreno
barratry (bàr´e-trê) noun
plural barratries
1. Law. The offense of persistently instigating lawsuits, typically groundless ones.

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.

10 posted on 09/20/2010 7:08:48 PM PDT by 50cal Smokepole (Effective gun control involves effective recoil management)
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To: 50cal Smokepole

That definition was a new one to me. I just remembered the old admiralty offense of scuttling a ship to claim the insurance.


11 posted on 09/20/2010 7:46:19 PM PDT by Ronin (If it were not so gruesomely malevolent, Islam would just be silly.)
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To: redreno

This is a step in the right direction.

And lawyers wonder why the public hates them.


12 posted on 09/20/2010 8:38:15 PM PDT by chilltherats (First, kill all the lawyers (now that they ARE the tyrants).......)
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To: Mr Rogers

Wait until they claim a copyright on the link.


13 posted on 09/20/2010 9:01:44 PM PDT by CharlesWayneCT
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To: Ronin

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.


14 posted on 09/20/2010 9:03:30 PM PDT by 50cal Smokepole (Effective gun control involves effective recoil management)
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To: NormsRevenge

Sounds like a decent judge, despite being nominated by Obama.


15 posted on 09/20/2010 9:08:41 PM PDT by Ronin (If it were not so gruesomely malevolent, Islam would just be silly.)
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To: NormsRevenge

Perhaps we have found a truly “wise Latina.”


16 posted on 09/20/2010 11:31:36 PM PDT by HKMk23 (Duck Season? No! Rabbbit Season? No! RINO Season? ALWAYS!!)
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To: basil; dbwz

Ping......


17 posted on 09/21/2010 4:00:30 AM PDT by 2nd amendment mama ( www.2asisters.org | Self defense is a basic human right!)
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To: 50cal Smokepole
Shakespeare was right.

That lawyers are on the frontline defending against tyranny?

18 posted on 09/21/2010 4:21:01 AM PDT by 1rudeboy
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To: 1rudeboy
"That lawyers are on the frontline defending against tyranny?"

LOL!Hardly!

19 posted on 09/21/2010 4:33:52 AM PDT by Redbob (W.W.J.B.D.: "What Would Jack Bauer Do?")
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To: Redbob

That what Shakespeare “said.” Please disagree.


20 posted on 09/21/2010 4:36:01 AM PDT by 1rudeboy
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To: 1rudeboy

I thought he said something like “Romeo Romeo, where art thou”


21 posted on 09/21/2010 4:41:02 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver
It's just a pet peeve of mine. George Lucas did not say, "Help me Lord Vader. You’re my only hope."
22 posted on 09/21/2010 4:46:31 AM PDT by 1rudeboy
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To: 1rudeboy; Redbob

http://www.spectacle.org/797/finkel.html


23 posted on 09/21/2010 6:19:41 AM PDT by Sloth (Civil disobedience? I'm afraid only the uncivil kind is going to cut it this time.)
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To: mnehring

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.


24 posted on 09/21/2010 7:53:55 AM PDT by DaveLoneRanger (Bookmark this site, you'll like it: TheArmedCitizen.com)
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To: DaveLoneRanger

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.


25 posted on 09/21/2010 9:34:08 AM PDT by VRWCmember (Jesus called us to be Salt and Light, not Vinegar and Water.)
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To: redreno

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”


26 posted on 09/21/2010 9:52:52 AM PDT by mainsail that ("A man will fight harder for his interests than for his rights" - Napoleon Bonaparte)
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To: AdmSmith; Arthur Wildfire! March; Berosus; bigheadfred; blueyon; Convert from ECUSA; dervish; ...
Thanks NormsRevenge.
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.

27 posted on 09/21/2010 3:00:49 PM PDT by SunkenCiv (Democratic Underground... matters are worse, as their latest fund drive has come up short...)
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