[net-gold] LAW: CASE: DECISIONS : COPYRIGHT: LAWS: FAIR USE : BUSINESS: COMPANIES: NAMED COMPANIES: RIGHTHAVEN: Big, Big Loss For Righthaven: Reposting Full Article Found To Be Fair Use
- From: "David P. Dillard" <jwne@xxxxxxxxxx>
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- Date: Tue, 22 Mar 2011 08:06:11 -0400 (EDT)
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LAW: CASE: DECISIONS :
COPYRIGHT: LAWS: FAIR USE :
BUSINESS: COMPANIES: NAMED COMPANIES: RIGHTHAVEN:
Big, Big Loss For Righthaven: Reposting Full Article Found To Be Fair Use
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Big, Big Loss For Righthaven: Reposting Full Article Found To Be Fair Use
from the vegas-smackdown dept
Tech Dirt
http://www.techdirt.com/articles/20110318/23595613558/
big-big-loss-righthaven-reposting-full-article-found-to-be-fair-use.shtml
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A shorter URL for the above link:
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http://tinyurl.com/4rcba93
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While Righthaven had previously lost one lawsuit on a fair use claim, that
one involved only a partial reposting of an article. Righthaven is still
appealing that ruling, but it might have a bigger problem on its hands. On
Friday, a judge ruled that even reposting an entire article can be fair
use, and that he planned to dismiss a case on those grounds. That spells
trouble for Righthaven, which would lose the entire basis for its legal
campaign and business model for the vast majority of its cases. In this
case, the judge clearly understood what's going on. Last year, we had
noted that the judge had raised the fair use issue first, even though the
defendant, the non-profit Center for Intercultural Organizing (CIO),
hadn't raised it.
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snip
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"Righthaven is not using the copyright the same way the R-J used it.
Righthaven is using it to support a lawsuit," Mahan said.
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This type of copyright use has a chilling effect on free speech and
doesn't advance a purpose of the federal Copyright Act, which is to
encourage and protect creativity, Mahan said.
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Court: Posting Entire News Article Was Fair Use
by Wendy Davis, Yesterday, 5:13 PM
Online Media Daily
Media Post
http://www.mediapost.com/publications/
?fa=Articles.showArticle&art_aid=147092
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A shorter URL for the above link:
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http://tinyurl.com/4tetwjd
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U.S. District Court Judge James Mahan in Nevada said at a hearing on
Friday that he intends to dismiss Righthaven's $150,000 infringement
lawsuit against the Center for Intercultural Organizing. Mahan reportedly
ruled that the the nonprofit made fair use of the article for several
reasons, including that Righthaven itself didn't aim to monetize the
original article -- a 1000-word Las Vegas Review-Journal piece about
immigrants who were deported after being arrested for misdemeanors.
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Instead, Righthaven acquires some of the rights to the original work from
newspapers and then brings copyright infringement lawsuits. The lawsuit
against the CIO is one of around 250 cases brought by Righthaven to date.
The company was launched last year with the support of Stephens Media,
parent of the Las Vegas Review-Journal. Most of Righthaven's lawsuits have
been against bloggers, nonprofits and other small publishers who allegedly
reposted all or portions of articles that originally appeared in the
Review-Journal and The Denver Post.
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Friday's ruling in favor of the Center for Intercultural Organizing marks
the second time a federal judge has found that a site sued by Righthaven
made fair use of a newspaper article.
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March 21st, 2011
Fair Use For the Win in Righthaven Case
News Update by Kurt Opsahl
Electronic Frontier Foundation
http://www.eff.org/deeplinks/2011/03/fair-use-win-righthaven-case
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The copyright troll's business model is to search for blogs and websites
that include a newspaper's material, acquire the right to sue on
particular articles from the paper, and then file a lawsuit without any
prior notice to the defendant. Righthaven seeks the maximum damages under
the Copyright Act as well as control over the domain name, but is willing
to settle for four-figure sums that seem calculated to be less than the
cost of defense. Meanwhile, the actual articles that Righthaven sues over
remain available for no charge on the newspaper website.
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At the hearing, the Judge went through each of the four factors of a fair
use analysis, explaining why they favored a finding of fair use and why
Righthaven's legal arguments were unavailing. The judge noted that the
work was being used by Righthaven "exclusively for lawsuits", and the
lawsuits were having a "chilling effect" on fair uses. Since Righthaven's
use of the work "does nothing to advance the Copyright Act's purpose,
which is to encourage and protect creativity," Judge Mehan was inclined to
find CIO's non-commercial use to be fair even thought it used the entirety
of the article.
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Tuesday, March 22, 2011Last Update: 7:22 AM PT Righthaven Defeated on
Fair-Use Grounds
By NICK DIVITO
Courthouse News Service
http://www.courthousenews.com/2011/03/22/35115.htm
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Mahan said the lawsuit should be dismissed because the nonprofit used the
materials in an educational capacity, and did not use the story to raise
money.
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Mahan also said his court does not have jurisdiction over the
nonprofit because it has "never done business in Nevada," nor did it "have
any contacts in Nevada."
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At the center of the lawsuit was a Review-Journal story about police
and immigrant relations. The Oregon nonprofit posted the article on its
website, with credit to the newspaper.
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The Center for Intercultural Organizing describes itself as a
grassroots "membership organization working to build a multi-racial,
multicultural movement for immigrant and refugee rights."
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PR problem widens for Righthaven with N.C. bloggers demand for attorneys
fees
By Steve Green March 22, 2011 1:55 AM
Las Vegas Sun
Business Notebook
http://www.lasvegassun.com/blogs/business-notebook/2011/mar/22/
pr-problem-widens-righthaven-nc-bloggers-demand-at/
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A shorter URL for the above link:
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http://tinyurl.com/5vlbaak
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Righthaven LLC copyright infringement lawsuit defendant Brian D. Hill's
attorneys filed a 56-page motion for dismissal on Monday -- and as a
kicker asked the court to require Righthaven to pay their fees as a
penalty.
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This is just the latest chapter in what has turned out to be a public
relations nightmare for Las Vegas-based Righthaven, which enforces
copyrights for the Las Vegas Review-Journal and the Denver Post and has
filed 250 lawsuits in the past 12 months.
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Hill is a 20-year-old North Carolina blogger sued by Righthaven over a
Denver Post TSA pat-down photo -- one of at least 46 website operators
sued over that photo.
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Righthaven's problem with Hill is tied to its policy of suing first and
asking questions later.
.
After he was sued for $150,000 and forfeiture of his website domain name,
Hill went public by saying he has disabilities including diabetes,
hyperactive attention disorder and mild autism -- and that Righthaven
still demanded $6,000 to settle his case.
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This attracted media attention in Denver, North Carolina and Virginia.
Hill was also interviewed for a national Associated Press report about
Righthaven and the international group Reporters Without Borders appealed
to the Denver Post to call off the lawsuit.
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Righthaven and the Denver Post likely would love to see Righthaven's
lawsuit against Hill go away ASAP -- but now Righthaven may either have to
pay Hill's attorney's fees or prove to a federal judge in Colorado why its
lawsuit was not filed in "bad faith, vexatiously, wantonly or for
oppressive reasons.'"
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The complete articles may be read at the URLs provided for each.
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WEBBIB1011
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Sincerely,
David Dillard
Temple University
(215) 204 - 4584
jwne@xxxxxxxxxx
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