Righthaven LLC v. Dibiase

UPDATE (4/20/2011)

STATUS: Order granting defendant's motion to dismiss in part

D. Nev.: Blog Won't Change Hands Despite Plagiarism Claim

Courthouse News Service
The copyright holder Righthaven cannot take over a website dedicated to "no body" murder cases to satisfy charges that the site plagiarized a Las Vegas newspaper article, a federal judge ruled. . .The company claimed that DiBiase published an article from the Las Vegas Review Journal on his website without permission, and requested a court order transferring control of DiBiase's domain name to Righthaven.
http://www.courthousenews.com/2011/04/19/35929.htm

STATUS: Counterclaim Filed Oct. 29, 2010

D.Nev.: Free Speech Group Files Counterclaim Against Copyright Enforcement Firm

Las Vegas Sun
The counterclaim says there was no infringement of a Review-Journal story that was displayed on the www.nobodycases.com website [owned by Dibiase] because the display was protected by the fair use doctrine of copyright law. The attorneys say that’s partly because the story at issue is still available for free on the Review-Journal website while Righthaven has no plans to use the story in ways copyright holders normally do — by reproducing it, making derivative works of it or selling, leasing or publicly displaying it.
http://www.lasvegassun.com/news/2010/oct/30/free-speech-group-files-counterclaim-against-copyr/

--Counterclaim: Righthaven LLC v. Dibiase
http://www.scribd.com/doc/40515497/DiBiase-Answer-and-Counterclaim

See also:

D.Nev.: Criminal Justice Blog Battles Copyright Troll

Electronic Frontier Foundation
DiBiase was sued by Righthaven for copyright infringement of a Review-Journal news story about a "no body" case, with Righthaven demanding control of the No Body Murder Cases website as well as $75,000 in damages.
https://www.eff.org/press/archives/2010/11/01

--Complaint: Righthaven LLC v. Dibiase
http://www.eff.org/files/filenode/righthaven_v_dib/DiBiaseComplaint.pdf