P.S. - To Jim and John Robinson: A big thank you for getting yesterday's 503 error fixed!
Posted on 06/20/2011 1:07:30 PM PDT by Jim Robinson
A Kentucky man did not infringe on a copyright when he posted an entire Las Vegas Review-Journal column on a message board without authorization, a federal judge ruled today.
The ruling by U.S. District Judge Philip Pro in Las Vegas on fair use grounds is the third fair use loss for Righthaven LLC, which sues over Las Vegas Review-Journal and Denver Post material. Earlier losses over Review-Journal material involved entire and partial R-J stories.
Pro today dismissed a Righthaven lawsuit against Wayne Hoehn on grounds that Righthaven lacks standing to sue over Review-Journal material, as already determined by another federal judge in Las Vegas.
Perhaps just as significantly, Pro’s ruling found Hoehn’s post of the column on the madjacksports.com site was protected by fair use as Hoehn did not profit from the post, the column was largely informational as opposed to being creative and that Righthaven presented no evidence that Hoehn’s posting of the column harmed the market for the column.
The Review-Journal column at issue, by then R-J Publisher Sherman Frederick, was called "Public employee pensions – we can’t afford them."
(Excerpt) Read more at vegasinc.com ...
Excellent!
Aw, poor Righthaven . . . they’ll have to come up with a new way to try to stop a free people from communicating with each other.
I’ll bet your smile is hugh right now, Jim.
This is good. More people need to keep fighting back on this garbage, whether it be sports blogs, gardening blogs, or political blogs (that also goes to our “friends” on the other side of the aisle. JR -I put “friends” in quotation marks).
These bottom feeding scum need to lose bad and get put out of business.
about dang time!!!!!!!!!!!!!!!!!!!!
Hugh and series.
P.S. - To Jim and John Robinson: A big thank you for getting yesterday's 503 error fixed!
Great, but what kills Righthaven is when they have to pay attorneys fees.
http://www.citmedialaw.org/threats/righthaven-llc-v-hoehn
http://dockets.justia.com/docket/nevada/nvdce/2:2011cv00050/78697/
More great news! The Righthaven scam may be coming to and end.
Outstanding.
Is this ruling consistant with LATimes vs. FR?
There is nothing consistent in regards to fair use. But, hopefully, these kinds of losses will discourage copyright trolls.
But in light of this ruling how can they keep your money, Jim? That’s what I think about when read this. They took your money and they have no standing. It’s not right.
Our money is most likely water under the bridge. Righthaven will soon be broke if not already so.
Early copyright history derived from efforts by authority to control the spread of the printing press.
http://en.wikipedia.org/wiki/History_of_copyright_law
IMO, the internet will eventually moot copyright altogether. The toothpaste is out of the tube.
It's called "piling on", also known as "kicking them when they're down." Head for you local Small Claims Court and sue to get the first few thousand back. Have them served by Registered Mail, Return Receipt Requested.
If they show up, state your case to the Judge. If they don't, you win by default. Either way you're paying them back with a pain in their collective ass.
Best,
L
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.