Article

2011-11-19 -Lurid Crime Tales-

Righthaven case ends in victory for fair use

[guide2.co.nz] In a victory for fair use, the publisher of the Las Vegas Review-Journal, Stephens Media, filed papers yesterday conceding that posting a short excerpt of a news article in an online forum is not copyright infringement.

The concession will result in entry of a judgment of non-infringement in a long-running copyright troll case that sparked the dismissal of dozens of baseless lawsuits filed by Righthaven LLC.

The Court dismissed Righthaven's infringement case because it did not own the article, but Democratic Underground's counterclaim against Stephens Media continued. After initially attempting to defend the bogus assertion of copyright infringement, Stephens Media has now conceded it was incorrect.

"This concession comes after more than a year of needless litigation," said EFF Senior Staff Attorney Kurt Opsahl. "Stephens Media never should have authorized Righthaven to file this suit in the first place, and should never have wasted our client's and the court's time with its attempts to keep Righthaven's frivolous claim alive for the last year."

Righthaven has filed hundreds of copyright cases based on its sham copyright ownership claims. Despite several attempts by Righthaven and Stephens Media to re-write their Strategic Alliance Agreement, half a dozen judges have ruled against the scheme to turn copyright litigation into a business.

"This is a hard fought and important victory for free speech rights on the Internet," said Laurence Pulgram, the partner who led the team at Fenwick & West, LLP in San Francisco. "Unless we respond to such efforts to intimidate, we'll end up with an Internet that is far less fertile for the cultivation and discussion of the important issues that affect us all."

Posted by Fred 2011-11-19 00:00|| || Front Page|| [11146 views ] Top

#1 There's a special place in Hell for those people.

Posted by crosspatch 2011-11-19 02:22|| 2011-11-19 02:22|| Front Page Top

#2 They aren't permitted to go to Hell until the debt collectors have dunned(*) the heck out of them.

(*) Interesting etymology. Already long in use as a word indicating a persistent persecutor, as well as a hangman, it became popular in 16th Century England, because of a bailiff named Joe Dun, famous for his dogged and aggressive debt collection.

In this case, I like the other meaning as well:

And presently a halter got,
Made of the best strong hempen teer,
And ere a cat could lick her ear,
Had tied it up with as much art,
As Dun himself could do for's heart.

-- Cottons Virgil Trav. book iv.

Posted by Anonymoose 2011-11-19 09:27|| 2011-11-19 09:27|| Front Page Top

#3 half a dozen judges have ruled against the scheme to turn copyright litigation into a business

Especially since it would have undercut the intellectual property law industry.

Posted by Pappy 2011-11-19 13:58|| 2011-11-19 13:58|| Front Page Top

#4 That there is the heart of the problem, Pappy...

Now we just have to get Fred's money back.

Posted by Steve White 2011-11-19 14:53|| 2011-11-19 14:53|| Front Page Top

#5 Fred might have to settle for a Mercedes emblem.

Posted by gorb 2011-11-19 15:33|| 2011-11-19 15:33|| Front Page Top

#6 and the RIAA is thinking of backing the Righthaven assholes

(ht to Insty)

Posted by Frank G 2011-11-19 15:34|| 2011-11-19 15:34|| Front Page Top

#7 the RIAA is thinking of backing the Righthaven assholes

Not surprising - scum coming to the aid of other scum. Also, never surprises me when the Dems support the music / movie / media w draconian copyright laws. Its a form of corruption - in return they get millions in campaign contributions and even more in PR support.

No, what amazes me, is why the stupid party keeps supporting these trolls. I'd love to see a national GOP candidate suggest restoring our intellectual property laws back to some semblance of sanity. Not holding my breath ...

Posted by Cincinnatus Chili 2011-11-19 17:09|| 2011-11-19 17:09|| Front Page Top

#8 Chilli - Fits right in with the other moron from Utah who licks their boots... Close the HATCH and ship him out.

Posted by Water Modem 2011-11-19 23:39|| 2011-11-19 23:39|| Front Page Top

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