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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
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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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