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Judge rules Righthaven lacks standing to sue, threatens sanctions over misrepresentations
Las Vegas Sun ^ | 06/14/2011 | By Steve Green

Posted on 06/14/2011 3:54:47 PM PDT by redreno

A federal judge in Las Vegas today issued a potentially devastating ruling against copyright enforcer Righthaven LLC, finding it doesn't have standing to sue over Las Vegas Review-Journal stories, that it has misled the court and threatening to impose sanctions against Righthaven.

Because he found Righthaven doesn't have standing to sue, Chief U.S. District Judge for Nevada Roger Hunt dismissed Righthaven's copyright infringement lawsuit against the Democratic Underground.

(Excerpt) Read more at vegasinc.com ...


TOPICS: Breaking News; Crime/Corruption; Free Republic; US: Nevada
KEYWORDS: copyright; copyrighttroll; du; fairuse; happydance; lawsuit; legalabuse; righthaven; wronghaven
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To: DaxtonBrown

One would think the contract itself will be enough to take Righthaven to the Nevada Bar Association. This is a company that created itself for one reason, and the LVRJ conspired to do this instead of hiring their own lawyers to sue for them.


41 posted on 06/14/2011 7:27:04 PM PDT by USNBandit (sarcasm engaged at all times)
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To: Artemis Webb

.


42 posted on 06/14/2011 8:37:57 PM PDT by Artemis Webb (Perry/Bachmann 2012! Conservatives who can win!)
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To: redreno

Can’t believe it took this long for the courts to come to this conclusion. I hope all of those that settled out of court can also sue these jerks... I’d like to hear that the Bar Association is investigating these scumbags as well.


43 posted on 06/14/2011 8:49:52 PM PDT by LibertyRocks
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To: Artemis Webb

Even the ACLU gets it right sometimes.


44 posted on 06/14/2011 9:09:17 PM PDT by SeaHawkFan
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To: redreno

Bookmark.


45 posted on 06/14/2011 9:14:48 PM PDT by EternalVigilance ('We hold these truths to be self-evident...' Are you still part of that 'we'?)
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To: redreno

Copyright troll Righthaven zotted by a federal judge. That’s gotta hurt!!


46 posted on 06/14/2011 9:16:02 PM PDT by Jim Robinson (Rebellion is brewing!! Impeach the corrupt Marxist bastard!!)
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To: Jim Robinson

47 posted on 06/14/2011 9:18:11 PM PDT by EternalVigilance ('We hold these truths to be self-evident...' Are you still part of that 'we'?)
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To: KarlInOhio

At least it sets a precedent.

Who knows. If had been FR first, we might have lost.

For that reason, I guess I can live with DU winning this one.

Righthaven needed to be stopped.


48 posted on 06/14/2011 9:21:31 PM PDT by metmom (Welfare was never meant to be a career choice.)
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To: CedarDave

“So the issue of fair use remains unresolved and although Righthaven is very likely and rightly out of business, Stevens Media can pick up where they left off.”

Yeah, but Stevens Media was a contractual party to the fraud committed by Righthaven, even retaining 50% of any booty.

My guess is Stevens Media will soon be so busy fending off a whole slew of lawsuits against them that they won’t have time to sue anyone else for anything, ever. Stevens Media may be lucky to survive the legal tsunami coming their way!


49 posted on 06/14/2011 9:39:59 PM PDT by catnipman (Cat Nipman: Made from the right stuff!)
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To: DTogo

and the RATS, take another one in the.........HA ha!!!

50 posted on 06/14/2011 9:57:34 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: Chode

bttt


51 posted on 06/14/2011 11:08:15 PM PDT by Liberty Valance (Keep a simple manner for a happy life :o)
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To: P-Marlowe

This is indeed the case where Righthaven will get sued by anyone that settled with them.

The precedent is pretty straight forward. In the 1980’s Universal sued Nintendo over Donkey Kong being similar to King Kong. Unfortunately Universal, when making the 1976 version, sued to get King Kong established as a public domain IP. It was so decreed.

So when Universal went to sue Nintendo? Howard Lincoln did his homework and found this out. Now tons of companies settled with Universal that had obtained Donkey Kong licenses from Nintendo so they wouldn’t be sued under the same threat. When Nintendo won Universal ended up settling a very expensive set of legal fees from like 70 something companies that had licensed Donkey Kong that they attempted to force a bad settlement on.

The blowback from this is two fold. They lose their case and the legal matter that they’re litigating, anyone that they forced into previous settlement is going to come back at them with a vengeance.


52 posted on 06/14/2011 11:58:40 PM PDT by PittsburghAfterDark
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To: metmom

“...DU winning this one.”

DU isn’t the only winner....freedom is, too.

For that reason, we all win!


53 posted on 06/15/2011 12:40:29 AM PDT by dixiechick2000 (Age, skill, wisdom, and a little treachery will always overcome youth and arrogance!)
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To: KarlInOhio

Righthaven—the journalistic equivalent of the Westboro Baptist Church.


54 posted on 06/15/2011 4:41:42 AM PDT by thethirddegree
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To: Jim Robinson
Righthaven needed to be stopped. So did the lawsuit by my former newspaper company, GateHouse Media, which sued the New York Times corporation because one of its subsidiaries, the Boston Globe, ran a website linking to to GateHouse-owned suburban Boston newspapers.

Righthaven was particularly abusive since the only way Righthaven could collect “damages” was an after-the-fact reassignment of copyright. If the courts had upheld this, we would have had Righthaven look-alikes crop up all over the United States.

Unfortunately, we have copyright laws dating back to the days of cold type which don't take into account the existence of mimeograph machines and photocopiers, let alone current internet practices which make it extremely easy for third parties to widely distribute the work of people without paying for it in any way. Copyright and patent laws are a legitimate part of a capitalist economy, but they were never intended to stop fair comment and criticism, which a big part of what Free Republic is all about.

Our laws have to be updated to reflect the modern reality of electronic distribution of intellectual property, whether it's music or movies or news articles and commentary. Unfortunately, that's probably going to end up being done by the court system instead of the legislative process. Since black-robed judges are not equipped to set policy, we run the risk of very bad decisions.

At least this decision seems to be a good one.

55 posted on 06/15/2011 6:12:07 AM PDT by darrellmaurina
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To: Jim Robinson

There any chance you can get your money back from these bastards?


56 posted on 06/15/2011 6:42:15 AM PDT by Lazamataz (I am utterly opinionless. About everything. Even the fact I have no opinion.)
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To: verum ago
Huh. For some reason I can’t seem to find this story on the Las Vegas Review-Journal’s website. Weird. In fact, putting ‘Righthaven’ into their search box yields zero results. Most strange.

I'll be damned. You think maybe they are showing a teensy bit of bias?

57 posted on 06/15/2011 6:49:02 AM PDT by Lazamataz (I am utterly opinionless. About everything. Even the fact I have no opinion.)
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To: Domandred
Grats DU!

Not what one usually sees around here but bad cases make tough bedfellows (or something).

58 posted on 06/15/2011 6:56:07 AM PDT by rogue yam
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To: P-Marlowe; Jim Robinson

Indeed! Please Jim, sue these bastards!


59 posted on 06/15/2011 7:52:25 AM PDT by EdReform (Oath Keepers - Guardians of the Republic - Honor your oath - Join us: www.oathkeepers.org)
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To: Artemis Webb
It’s weird to be siding with DU on something

Think of it as supporting the Electronic Frontier Foundation (EFF) instead. DU is just a poster child for the concerns of the community at large. To get the job done, EFF needed to represent a naughty victim with credibility in the liberal community. But the position they take is very conservative and could well be a spark of enlightenment for some ( that standing to sue can't be auctioned off to the highest bidder, that copyright has limits, etc).

However, EFF is not a conservative organization. EFF represents a liberal perspective descended from the kind of liberalism embodied in the founding of this nation. It's just not a faux liberalism filtered through a pile of stinking socialist statist agendas...

60 posted on 06/15/2011 8:46:45 AM PDT by no-s (B.L.O.A.T. and every day...because some day soon they won't be making any more...for you.)
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