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Court Declares Newspaper Excerpt on Online Forum is a Non-Infringing Fair Use
EFF ^ | 3/12/2012 | EFF

Posted on 03/11/2012 8:27:58 PM PDT by Dallas59

Late Friday, the federal district court in Nevada issued a declaratory judgment that makes is harder for copyright holders to file lawsuits over excerpts of material and burden online forums and their users with nuisance lawsuits.

The judgment – part of the nuisance lawsuit avalanche started by copyright troll Righthaven – found that Democratic Underground did not infringe the copyright in a Las Vegas Review-Journal newspaper article when a user of the online political forum posted a five-sentence excerpt, with a link back to the newspaper's website.

Judge Roger Hunt’s judgment confirms that an online forum is not liable for its users’ posts, even if it was not protected by the safe harbors of the Digital Millennium Copyright Act’s notice and takedown provisions. The decision also clarifies that a common practice on the Internet – excerpting a few sentences and linking to interesting articles elsewhere – is a fair use, not an infringement of copyright.

(Excerpt) Read more at eff.org ...


TOPICS: Culture/Society; Foreign Affairs; Front Page News; Government; News/Current Events
KEYWORDS: copyright; excerpt; fairuse; forum; nuisance; nuisancelawsuit; righthaven

1 posted on 03/11/2012 8:28:04 PM PDT by Dallas59
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To: Dallas59

Sounds like good news for us on FR.


2 posted on 03/11/2012 8:32:14 PM PDT by Downinthedixie (ABO)
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To: Dallas59

Hmmmm, does this mean that everything is now fair game and now more lists of not being able to post from certain sites?


3 posted on 03/11/2012 8:32:43 PM PDT by Just another Joe (Warning: FReeping can be addictive and helpful to your mental health)
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To: Dallas59

Well, if Righthaven could’ve won just one of these lawsuits...this one, against DU, would’ve been the one. Darn.


4 posted on 03/11/2012 8:33:21 PM PDT by moovova (Is Fluke REALLY pronounced Fluck?)
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To: Dallas59

For the first time in history, the Democratic Underground sub-humans actually serve a useful purpose.


5 posted on 03/11/2012 8:33:30 PM PDT by FormerACLUmember
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To: Dallas59
The decision also clarifies that a common practice on the Internet – excerpting a few sentences and linking to interesting articles elsewhere – is a fair use, not an infringement of copyright.

Wonderful news...

6 posted on 03/11/2012 8:35:15 PM PDT by GOPJ (Democrat-Media Complex - buried stories and distorted facts... freeper 'andrew' Breitbart)
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To: Downinthedixie; kristinn

“Sounds like good news for us on FR.”

Yup, as long as it’s applied equally to both the progressives and the conservatives.


7 posted on 03/11/2012 8:40:06 PM PDT by DBrow
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To: FormerACLUmember

About the only thing lower then the DUmp is Righhaven, so when it comes down to scum vs. scum, the right scum won ;-)


8 posted on 03/11/2012 9:02:11 PM PDT by bigbob
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To: Jim Robinson

RIghthaven ping of interest


9 posted on 03/11/2012 9:04:12 PM PDT by Fractal Trader
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To: bigbob

Sorta like an election...


10 posted on 03/11/2012 9:05:26 PM PDT by null and void (Day 1146 of America's ObamaVacation from reality [Heroes aren't made, Frank, they're cornered...])
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To: 2nd amendment mama

Ping!


11 posted on 03/11/2012 9:08:56 PM PDT by basil (It's time to rid the country of "gun free zones" aka "Killing Fields")
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To: Dallas59

Righthaven loses, DU wins. Guess it’s one of those “good news/bad news” things.


12 posted on 03/11/2012 10:37:03 PM PDT by Boogieman
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To: Dallas59
re:”Meanwhile, Righthaven has continued to refuse to cooperate in the collection efforts against it, failing to pay judgments, provide documents about its assets or — lately — even show up at court hearings.”

Righthaven made a lot of money while it was on a roll. What happened to it all? I hope Righthaven ends up losing every penny it gained and ends up paying 10 times what it extorted from others in its schemes.

13 posted on 03/11/2012 10:56:49 PM PDT by rusty schucklefurd
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To: rusty schucklefurd

Not that much. They received half after expenses.
And you just know they did not work cheap.

Estimated Total Money Settlements Righthaven’s Efforts Have Earned to Date:
$352,500

(based on 141 cases closed as of June 22, 2011 that involved a written settlement with Righthaven and an educated guesstimate of an average of $2,500 settled per case)
(NOTE: settlement amount downgraded from $3,500 to $2,500 per case on July 1, 2011, in light of recent information regarding Righthaven’s settlement of at least one case for $1000 and other known facts and circumstances)
http://righthavenlawsuits.com/


14 posted on 03/12/2012 1:08:43 AM PDT by DUMBGRUNT (The best is the enemy of the good!)
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To: Dallas59

I would like to hear that Gibson was disbarred.


15 posted on 03/12/2012 4:43:01 AM PDT by Anti-Bubba182
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To: Anti-Bubba182

I would like to hear that Gibson ran a red light and collided with a bus ala Alan Grayson, and was hounded by ambulance chasing attorneys for the rest of his days.


16 posted on 03/12/2012 5:11:06 AM PDT by mkjessup (Jimmy Carter is the Skidmark in the panties of American history, 0bama is the yellow stain in front!)
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To: mkjessup

That too!


17 posted on 03/12/2012 5:22:38 AM PDT by Anti-Bubba182
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To: Dallas59; jimrob

FReepers who do us all a disservice by posting just one or two sentences from an article should take notice. FR’s rule has been 300 words for a long time. Seems this judge agrees.


18 posted on 03/12/2012 6:35:49 AM PDT by upchuck (Where others hold a window into the world, nobama holds a mirror. h/t - Don Surber)
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To: Anti-Bubba182

“Righthaven CEO Steven A. Gibson dreamed of making himself rich off of lawsuits over trivial uses of newspaper articles. Instead, his company is in ruins, his legal theories have been emphatically rejected and he is under investigation by the Nevada State Bar.”


19 posted on 03/12/2012 7:34:43 AM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: DUMBGRUNT

“Righthaven claimed that Stephens Media had transferred copyright to Righthaven before it filed the suit, but a document unearthed in this litigation — the Strategic Alliance Agreement between Righthaven and Stephens Media — showed that the copyright assignment was a sham, and that Righthaven was merely agreeing to undertake the newspaper’s case at its own expense in exchange for a cut of the recovery. “


20 posted on 03/12/2012 7:37:22 AM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

Thanks Dallas59.
The judgment -- part of the nuisance lawsuit avalanche started by copyright troll Righthaven – found that Democratic Underground did not infringe the copyright in a Las Vegas Review-Journal newspaper article when a user of the online political forum posted a five-sentence excerpt, with a link back to the newspaper's website. Judge Roger Hunt's judgment confirms that an online forum is not liable for its users' posts, even if it was not protected by the safe harbors of the Digital Millennium Copyright Act's notice and takedown provisions.

21 posted on 03/12/2012 8:06:21 AM PDT by SunkenCiv (I come to bury Caesar, not to praise him)
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To: moovova

This is a good thing, even if it is DU.


22 posted on 03/12/2012 9:16:53 AM PDT by SmithL (If you reward certain behavior, don't be surprised when you see more of that behavior)
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To: SmithL
This is a good thing, even if it is DU.

Yes, I do agree.

23 posted on 03/12/2012 5:47:06 PM PDT by moovova (Is Fluke REALLY pronounced Fluck?)
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