Article

2010-12-14 -Short Attention Span Theater-

Righthaven sues for control of Drudge Report domain

Original story in LVRJ - link (and text below) is to ars technica to avoid feeding the troll.
News aggregation impresario Matt Drudge is being sued for copyright infringement for reproducing a copyrighted photo along with a link to a story about airport security on the Las Vegas Review-Journal website.

Instead, Righthaven announced it had teamed up with the nation's second-biggest news chain, owners of the Denver Post among others, and has now filed a lawsuit that arguably takes the mass-suer to a whole new level with its biggest target yet.

In the new lawsuit, Righthaven asks a judge to "lock the Drudge Report Domain and transfer control of the Drudge Report Domain to Righthaven."

Drudge's post also allegedly contained "an embedded hyperlink entitled: 'VEGAS CONFIDENTIAL,' linking directly to a section of the Las Vegas Review-Journal website."

This lawsuit, though, is a rarity insofar as copyright infringement being connected to linking. Righthaven takes issue with the fact that the Drudge Report has no DMCA takedown regime to respond to those who alleged violations of copyright.
How'd Drudge miss that?

All he offers is links, no copy/pasted text, and often not the even the original headlines. I'm not sure how a location on the web, often enough a fleeting location that disappears after a few days, can infringe copyright as opposed to drive business to the news source, and therefore ad revenues. For years news sites have been sending links to Drudge in exactly that hope.

The plaintiff demands statutory damages for willful infringement, costs, and an injunction that would allow Righthaven to seize the Drudge Report domain.

According to the complaint filed yesterday in Nevada District Court, the Drudge Report website is alleged to have posted a photo first found in the Denver Post showing a TSA agent giving a pat-down at an airport.
Here's hoping they bit off a whole lot more than they can swallow.

Posted by CrazyFool 2010-12-14 00:00|| || Front Page|| [11143 views ] Top

#1 sounds like they're just harassing Mr. Drudge. linking to news sources on a "free" (at least for now) "world wide web" doesnt seem to contradict the common sense notion that if its out there on a free platform, anyone can look at it or link to it. just sayin......

Posted by 746 2010-12-14 10:04|| 2010-12-14 10:04|| Front Page Top

#2 Electronic Frontier Foundation (EFF) is suing RTHVN back....

Posted by Frank G 2010-12-14 10:09|| 2010-12-14 10:09|| Front Page Top

#3 Oh, for the days when problems like this received a more direct solution.

Posted by Rob Crawford 2010-12-14 10:17|| 2010-12-14 10:17|| Front Page Top

#4 Who is Righthaven?
http://www.dailypaul.com/node/143767
Snip:
Thu, 09/02/2010 - 20:15
Bloggers already know of the association between Barack Obama, Michelle Obama and Steve Gibson. The latter's Righthaven firm has launched a legal war on websites over alleged copyright infringement.

All three worked for Chicago Law firm Sidley Austin LLP, where Gibson and Michelle Obama coincidentally specialized in copyright-related "intellectual property" law for the firm.

Posted by Gerthudion Slolurong1115 2010-12-14 10:59|| 2010-12-14 10:59|| Front Page Top

#5 Hillary Clinton is also an "intellectual property" lawyer.

But for the life of me I can't see how they can prove any damages from Drudge because all Drudge does is direct trafflc TO them, he doesn't take any away/

Posted by crosspatch 2010-12-14 11:49|| 2010-12-14 11:49|| Front Page Top

#6 ... I can't see how they can prove any damages ....

They don't have to. The copyright statute provides for an award of damages of up to an specific amount set forth in the statute for each act of infringement with no requirement that the plaintiff prove an actual loss.

Posted by AzCat 2010-12-14 12:27|| 2010-12-14 12:27|| Front Page Top

#7 Let's hope they sue Google News next and [insert favorite event here]

Posted by European Conservative 2010-12-14 12:55|| 2010-12-14 12:55|| Front Page Top

#8 "The copyright statute provides for an award of damages of up to an specific amount set forth in the statute for each act of infringement"

But I can't understand what he is "infringing" on by simply publishing the link to the article. That is like being busted for infringement for simply publishing the ISBN of a book in a bibliography.

He isn't copying their material. You mean to tell me that if I publish a list that says:

A Book About How Cars Work: ISBN-13: 978-0966862300

That I can be prosecuted for copyright violation? That is basically what Drudge is doing, simply posting a description and a pointer.

This is insane, these people need to be stopped.

Posted by crosspatch 2010-12-14 13:23|| 2010-12-14 13:23|| Front Page Top

#9 That I can be prosecuted for copyright violation?

If he hasn't properly licensed the rights in them, his use of copyrighted photos would seem a fairly straightforward act of infringement.

Agree that alleging that linking rises to the level of infrinement is nuts but I don't know how the courts have developed that issue since it first popped up a decade or so back.

Posted by AzCat 2010-12-14 17:59|| 2010-12-14 17:59|| Front Page Top

#10 These fuckers need shot. Really. It isn't about losses. It is about control of speech and what the public sees. It is tyranny, plain and simple.

Posted by DarthVader 2010-12-14 18:47|| 2010-12-14 18:47|| Front Page Top

#11 Matt is loading Drudge Report with more links and pictures than I have ever seen.

As if he is daring RightHaven. Good for him. Now THAT is a fighter.

Posted by Jumbo Whavimble2139 2010-12-14 22:45|| 2010-12-14 22:45|| Front Page Top

#12 attorneys for the Electronic Frontier Foundation accusing the newspaper of entering a "sham" relationship with the Review-Journal's copyright enforcement partner Righthaven LLC and accusing Righthaven of copyright fraud

Bleed them of everything they stole and then some.

Posted by gorb 2010-12-14 23:44|| 2010-12-14 23:44|| Front Page Top

11:11 Frank G
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10:45 Grom the Affective
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