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Righthaven defendant wins second attorney’s fee award
Vegas Inc ^ | Aug 15, 2011 | By Steve Green

Posted on 08/15/2011 7:17:16 PM PDT by Jim Robinson

In yet another stunning reversal for Las Vegas copyright lawsuit filer Righthaven LLC, the company won’t be collecting any damages from a man it once branded as a copyright infringer.

Instead, it’s Righthaven that must pay the man's legal fees of $34,045.

U.S. District Judge Philip Pro awarded the fees Monday in the case of Kentucky message board poster Wayne Hoehn.

Pro on June 20 dismissed Righthaven’s lawsuit against Hoehn, finding Righthaven didn’t have standing to sue him and even if it did, Hoehn was protected by the fair use doctrine in posting an entire Las Vegas Review-Journal column on a sports betting website message board. Righthaven's lack of standing was due to the R-J maintaining control of the column despite Righthaven's claims of ownership.

Righthaven is appealing the dismissal. But Pro, in the meantime, on Monday ordered Righthaven by Sept. 14 to pay Hoehn’s fees and costs for his representation by Randazza Legal Group of Las Vegas.

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


TOPICS: Extended News; Free Republic; News/Current Events
KEYWORDS: copyright; copyrighttroll; fairuse; righthaven

1 posted on 08/15/2011 7:17:20 PM PDT by Jim Robinson
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To: Jim Robinson

This is terrific news! Will this case have an impact on us?


2 posted on 08/15/2011 7:26:13 PM PDT by Lauren BaRecall (Boehner, you THUG B@st@rd!)
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To: Jim Robinson

Are we still not posting from FH clients?

I see a couple every week, and they are allowed to stand.

Just askin’....


3 posted on 08/15/2011 7:26:45 PM PDT by ButThreeLeftsDo (FreeRepublic.com. Now, More Than Ever.)
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To: Jim Robinson
pay the man's legal fees of $34,045.

LOL! The icing on the seven-tier cake!
4 posted on 08/15/2011 7:28:03 PM PDT by presently no screen name ( BHO....the destroyer)
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To: Jim Robinson

Hear, hear!

Good news indeed..


5 posted on 08/15/2011 7:28:03 PM PDT by Beaten Valve
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To: Jim Robinson

It’s good to see the scammers being shot down, couldn’t happen to a more deserving bunch.


6 posted on 08/15/2011 7:28:23 PM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: Jim Robinson

Good news! If Righthaven does not win the appeal they are toast.


7 posted on 08/15/2011 7:28:38 PM PDT by Anti-Bubba182
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To: Jim Robinson; AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; ...

Bravo!
The Beautiful Assassin: Hit Squad With British Passports Accused Of Executing Senior Hamas Leader

8 posted on 08/15/2011 7:28:51 PM PDT by SunkenCiv (Yes, as a matter of fact, it is that time again -- https://secure.freerepublic.com/donate/)
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To: Jim Robinson
This is good news.

As the owner of a discussion forum (MUCH smaller than FR), the Righthaven saga was somewhat of a nightmare.

For a while there, it was as if any webmaster who had any LVRJ et al content whatsoever on his server - wittingly or not - could get buried by these contemptible litigationist axe-men. It's one thing for a newspapers to not want entire articles shared without credit, but was I supposed to babysit an entire membership's use of minimal content? You, or even an entire moderation team, can't be everywhere at once.

The tide seems to be turning against them. Justice would be seeing them sued into the poorhouse.

9 posted on 08/15/2011 7:42:34 PM PDT by AAABEST (Et lux in tenebris lucet: et tenebrae eam non comprehenderunt)
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To: Jim Robinson

Heh heh heh! I love payback!


10 posted on 08/15/2011 7:48:13 PM PDT by FlingWingFlyer (Americans need to wean their government off of its dependence on foreign money.)
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To: Jim Robinson

This is good news. Righthaven has no real standing in these cases anyway. A few more losses like this and they will go bankrupt


11 posted on 08/15/2011 7:49:56 PM PDT by Haligonian (Elect a real conservative in 2012)
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To: Lauren BaRecall
The court found: "Hoehn was protected by the fair use doctrine in posting an entire Las Vegas Review-Journal column on a sports betting website message board."

This could have a profound impact on the blogosphere.

12 posted on 08/15/2011 7:56:06 PM PDT by Jim Robinson (Rebellion is brewing!! Impeach the corrupt Marxist bastard!!)
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To: Jim Robinson
Nothing better than taking money from professional parasites. I love it, even if the barking moonbats at DU get some of their cash. ;~))

And screw the LV J-R and Denver Post for fronting these thieves. I'll never give their sites a click again.

13 posted on 08/15/2011 7:56:47 PM PDT by Ditto (Nov 2, 2010 -- Partial cleaning accomplished. More trash to remove in 2012)
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To: AAABEST

Maturity and Sanity are on the march, bro!


14 posted on 08/15/2011 7:59:22 PM PDT by bvw
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To: Jim Robinson

Thanks. I was wondering if Hoehn’s situation was too narrow to apply generally, but I guess not! :-)


15 posted on 08/15/2011 8:19:39 PM PDT by Lauren BaRecall (Boehner, you THUG B@st@rd!)
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To: Haligonian

I predict that is going to happen sooner than you think. They can read the tea leaves and can tell that they better get away with what they have managed to get so far, because they are not going to get anymore.

In fact, I wouldn’t be surprised if the entire company just sort of folds up shop and vanishes into thin air.


16 posted on 08/15/2011 9:00:28 PM PDT by Ronin (Obamanation has replaced Bizarroworld as the most twisted place in the universe.)
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To: Jim Robinson

Indeed. The “entire” was surprising to me and I’d love to know the rationale.


17 posted on 08/15/2011 9:01:16 PM PDT by NonValueAdded (Murray / Baucus / Kerry / Upton / Clyburn? I've had better picks come out of my nose.)
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To: Jim Robinson; PJ-Comix; Charles Henrickson

Re DU’s suit against Righthaven: For the first and hopefully only time in my life, I have to say “Go DUmmies go!”


18 posted on 08/15/2011 10:43:06 PM PDT by Slings and Arrows (You can't have Ingsoc without an Emmanuel Goldstein.)
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To: Jim Robinson

Curiouser and curiouser, as Alice said. I don’t get how LVRJ and Wronghaven expected to get away with this deal of half-selling copyrights. This seems to be to copyrights what MERS was to mortgages, an annoying nullity. LVRJ might still have standing to sue, but to do so would be to completely confess the whole Wronghaven thing was a farce.


19 posted on 08/19/2011 12:35:10 AM PDT by HiTech RedNeck (There's gonna be a Redneck Revolution! (See my freep page) [rednecks come in many colors])
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