UPDATE
STATUS: Attempts by Righthaven to overturn "fair use" decisions against it were refuted on
January 13, 2012.
9th Cir.: Copyright Troll Refuted in Fair Use Appeal
PC World
Attempts by Righthaven to overturn two fair use decisions against it were opposed in federal court by such prominent voices as the Electronic Frontier Foundation, Google, Public Knowledge and the Digital Media Law Project at Harvard.
https://www.pcworld.com/article/248207/copyright_troll_refuted_in_fair_use_appeal.html
>>Brief Amici Curiae: Righthaven v. Center for Intercultural Organizing
https://www.eff.org/sites/default/files/filenode/googerighthavencioamicus.pdf
STATUS: Summary judgement was granted in favor of the Defendants on April 22, 2011.
9th Cir.: Righthaven asks Appeals Courts to revive lawsuits
MediaPost
Copyright enforcement outfit Righthaven is asking a federal appeals court to reinstate its copyright infringement lawsuit against a nonprofit that posted an entire article from the Las Vegas Review-Journal.
http://www.mediapost.com/publications/article/163007/righthaven-asks-appeals-court-to-revive-lawsuits.html
>>Righthaven's opening Brief:
http://www.medialaw.org/Content/NavigationMenu/Publications1/MLRC_MediaLawDaily/Attachments3/Righthaven_9thCirOpening.pdf
>>Decision:
http://ia600506.us.archive.org/21/items/gov.uscourts.nvd.75299/gov.uscourts.nvd.75299.38.0.pdf
Showing posts with label Fair Use. Show all posts
Showing posts with label Fair Use. Show all posts
Righthaven LLC v. Hoehn
UPDATE (9/18/11)
STATUS: On September 18, 2011, Defendant filed a Motion for Write of Execution against the Plaintiff.
D. Nev.: Copyright Trolls Assets Targeted for Seizure
Wired
The legal woes of Las Vegas-based copyright-trolling firm Righthaven continued Sunday when one of its creditors moved to seize its assets.
-- Motion for Writ of Execution: Righthaven v. Hoehn
UPDATE (9/9/11)
STATUS: On September 9, 2011, Plaintiff moved for a Stay of the Court’s Order and Judgment to pay Defendant’s Attorney's fees and costs.
D. Nev.: Righthaven: We Might Have To Declare Bankruptcy
paidContent
Copyright enforcer Righthaven warned that it cannot afford to pay a defendant $30,000 in legal fees and asked a judge to lift a ruling that prevents it from suing other individuals. And, in a man-bites-dog turn of events, Righthaven warned that the aggressive defendant would try and take the firm’s assets if a stay was not granted.
http://paidcontent.org/article/419-righthaven-we-might-have-to-declare-bankruptcy/
-- Motion for Stay of Judgment Pending Appeal: Righthaven v. Hoehn
http://www.scribd.com/doc/64396098/Righthaven-v-Hoehn-Plaintiff-Righthaven-LLC-s-Motion-for-Stay-of-Judgment-Pending-Appeal
UPDATE (8/16/2011)
STATUS: Defendant's Motion for Attorney's Fees and Costs granted; Plaintiff ordered to pay attorney's fees in the amount of $34,045.50.
D. Nev.: Righthaven rocked, owes $34,000 after "fair use" loss
Ars Technica
In a terse order today, the judge decided that Hoehn had won the case (as the "prevailing party") and "the attorney’s fees and costs sought on his behalf are reasonable."
http://arstechnica.com/tech-policy/news/2011/08/righthaven-rocked-owes-34000-after-fair-use-loss.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
Ars Technica
In a terse order today, the judge decided that Hoehn had won the case (as the "prevailing party") and "the attorney’s fees and costs sought on his behalf are reasonable."
http://arstechnica.com/tech-policy/news/2011/08/righthaven-rocked-owes-34000-after-fair-use-loss.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
--Order: Righthaven v. Hoehn
http://ia600408.us.archive.org/32/items/gov.uscourts.nvd.78697/gov.uscourts.nvd.78697.43.0.pdf
http://ia600408.us.archive.org/32/items/gov.uscourts.nvd.78697/gov.uscourts.nvd.78697.43.0.pdf
STATUS: Defendant's motion for summary judgment and motion to dismiss for lack of jurisdiction was granted on June 20, 2011
D. Nev.: Righthaven Loss: Judge Rules Reposting Entire Article Is Fair Use
Wired
A federal judge ruled Monday that publishing an entire article without the rights holder’s authorization was a fair use of the work, in yet another blow to newspaper copyright troll Righthaven. . . “Righthaven did not present any evidence that the market for the work was harmed by Hoehn’s noncommercial use for the 40 days it appeared on the website. Accordingly, there is no genuine issue of material fact that Hoehn’s use of the work was fair and summary judgment is appropriate,” Judge Pro ruled.
http://www.wired.com/threatlevel/2011/06/fair-use-defense/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+wired%2Findex+%28Wired%3A+Index+3+%28Top+Stories+2%29%29&utm_content=Google+Reader
--Order Granting Defendant's Motion for Summary Judgment: Righthaven LLC v. Hoehn
http://randazza.files.wordpress.com/2011/06/righthaven-v-hoehn.pdf
STATUS: Complaint filed Jan 11, 2011
D. Nev.: After 200 Lawsuits Against Sites, Righthaven Targets Online Commenters
paidContent
After suing mostly mom-and-pop web publishers—more than 200 blogs and web sites in all in its 10 months in business—Righthaven last week began suing mere commenters, including Wayne Hoehn, a user who posted an op-ed article at MadJackSports.com . . . The same day, Righthaven sued James Higgins, who posted another apparently copied Las Vegas Review-Journal story into a Google Groups news list. These two suits appear to be the first Righthaven suits against individual who don’t own their own websites.
http://ia700408.us.archive.org/32/items/gov.uscourts.nvd.78697/gov.uscourts.nvd.78697.1.0.pdf
--Complaint: Righthaven v. Hoehn
http://ia700408.us.archive.org/32/items/gov.uscourts.nvd.78697/gov.uscourts.nvd.78697.1.0.pdf
See also:
--Complaint: Righthaven v. Higgins
http://ia700408.us.archive.org/14/items/gov.uscourts.nvd.78696/gov.uscourts.nvd.78696.1.0.pdf
Righthaven LLC v. Choudhry
STATUS: Defendants’ motion to dismiss, or in the alternative, motion for judgment on the pleadings, or in the alternative, motion for summary judgment was denied and plaintiff's motion to dismiss, or in the alternative, to strike the declaratory relief counterclaim was also denied on May 3, 2011
D. Nev.: Another Defense-Favorable Righthaven Ruling
Technology and Marketing Law Blog (Eric Goldman)
This lawsuit involves the "Vdara Death-Ray" image published in the Las Vegas Review-Journal, which has been the basis of numerous Righthaven lawsuits . . . Choudhry argues that the image appeared on his site as an in-line link (permissible under Perfect 10 v. Amazon) and via an automated process that lacked volition. The court rejects Choudhry's motions for judgment on the pleadings and summary judgment on those points, saying that the judge wants to understand the technology better before ruling on it. On fair use, the court says . . . As a matter of law, the defendant's use doesn't harm Righthaven's market. The latter point is a biggie. The fourth fair use factor is often considered the most important, and the court is treating it as presumptively weighing against Righthaven in all cases. The court is basically doing the same with the transformative nature of the works. If those two considerations automatically weigh against Righthaven in every case, Righthaven will have a tough time defeating any fair use defense.
http://blog.ericgoldman.org/archives/2011/05/another_defense.htm
--Order: Righthaven LLC v. Choudhry
http://www.scribd.com/doc/54552379/Righthaven-v-Choudhry-May-3-Order
See also
--Defendants' Answer and Counterclaim: Righthaven LLC v. Choudhry
http://www.lynnmediagroup.com/righthaven/2011-01-19-pakorg-counterclaim.pdf
--Defendants' Motion to Dismiss: Righthaven LLC v. Choudhry
http://ia700309.us.archive.org/26/items/gov.uscourts.nvd.78188/gov.uscourts.nvd.78188.9.0.pdf
--Complaint: Righthaven LLC V. Choudhry
Not available
D. Nev.: Another Defense-Favorable Righthaven Ruling
Technology and Marketing Law Blog (Eric Goldman)
This lawsuit involves the "Vdara Death-Ray" image published in the Las Vegas Review-Journal, which has been the basis of numerous Righthaven lawsuits . . . Choudhry argues that the image appeared on his site as an in-line link (permissible under Perfect 10 v. Amazon) and via an automated process that lacked volition. The court rejects Choudhry's motions for judgment on the pleadings and summary judgment on those points, saying that the judge wants to understand the technology better before ruling on it. On fair use, the court says . . . As a matter of law, the defendant's use doesn't harm Righthaven's market. The latter point is a biggie. The fourth fair use factor is often considered the most important, and the court is treating it as presumptively weighing against Righthaven in all cases. The court is basically doing the same with the transformative nature of the works. If those two considerations automatically weigh against Righthaven in every case, Righthaven will have a tough time defeating any fair use defense.
http://blog.ericgoldman.org/archives/2011/05/another_defense.htm
--Order: Righthaven LLC v. Choudhry
http://www.scribd.com/doc/54552379/Righthaven-v-Choudhry-May-3-Order
See also
--Defendants' Answer and Counterclaim: Righthaven LLC v. Choudhry
http://www.lynnmediagroup.com/righthaven/2011-01-19-pakorg-counterclaim.pdf
--Defendants' Motion to Dismiss: Righthaven LLC v. Choudhry
http://ia700309.us.archive.org/26/items/gov.uscourts.nvd.78188/gov.uscourts.nvd.78188.9.0.pdf
--Complaint: Righthaven LLC V. Choudhry
Not available
Righthaven LLC v. Jama
STATUS: Summary judgment granted for defendant on April 22, 2011
D. Nev.: Righthaven Suffers Blow in Copyright Crusade
Courthouse News Service
A federal judge blasted Righthaven's copyright-collection business model in a ruling that says an Oregon nonprofit was justified through fair use to post an article by the Las Vegas Review Journal. "[Righthaven's] litigation strategy has a chilling effect on potential fair uses of Righthaven-owned articles, diminishes public access to the facts contained therein, and does nothing to advance the Copyright Act's purpose of promoting artistic creation," U.S. District Judge James Mahan ruled Friday.
http://www.courthousenews.com/2011/04/25/36074.htm
--Decision: Righthaven LLC v. Jama
http://www.courthousenews.com/2011/04/25/Righthaven%20loss%20Nevada.pdf
D. Nev.: Righthaven Suffers Blow in Copyright Crusade
Courthouse News Service
A federal judge blasted Righthaven's copyright-collection business model in a ruling that says an Oregon nonprofit was justified through fair use to post an article by the Las Vegas Review Journal. "[Righthaven's] litigation strategy has a chilling effect on potential fair uses of Righthaven-owned articles, diminishes public access to the facts contained therein, and does nothing to advance the Copyright Act's purpose of promoting artistic creation," U.S. District Judge James Mahan ruled Friday.
http://www.courthousenews.com/2011/04/25/36074.htm
--Decision: Righthaven LLC v. Jama
http://www.courthousenews.com/2011/04/25/Righthaven%20loss%20Nevada.pdf
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
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
Righthaven LLC v. Pajamas Media, Inc.
STATUS: Complaint filed Jan 28th, 2011
D.Col.: Righthaven Goes After Pajamas Media, Despite DMCA Agent & Strong Fair Use Case
TechCrunch
Historically, Righthaven has been careful to avoid websites that have registered a DMCA agent, knowing that under the DMCA it's supposed to issue a takedown notice before suing. However, this case, in going after the successful blog network Pajamas Media, appears to ignore the fact that Pajamas Media has registered.
http://www.techdirt.com/articles/20110203/04505512939/righthaven-goes-after-pajamas-media-despite-dmca-agent-strong-fair-use-case.shtml
--Complaint: Righthaven LLC v. Pajamas Media, Inc.
http://www.scribd.com/doc/47970881/Righthaven-v-Pajamas-Media-Complaint
D.Col.: Righthaven Goes After Pajamas Media, Despite DMCA Agent & Strong Fair Use Case
TechCrunch
Historically, Righthaven has been careful to avoid websites that have registered a DMCA agent, knowing that under the DMCA it's supposed to issue a takedown notice before suing. However, this case, in going after the successful blog network Pajamas Media, appears to ignore the fact that Pajamas Media has registered.
http://www.techdirt.com/articles/20110203/04505512939/righthaven-goes-after-pajamas-media-despite-dmca-agent-strong-fair-use-case.shtml
--Complaint: Righthaven LLC v. Pajamas Media, Inc.
http://www.scribd.com/doc/47970881/Righthaven-v-Pajamas-Media-Complaint
Righthaven LLC v. Neveu
STATUS: Neveu's Counterclaim filed on Dec 14th, 2010
Nev. Dist.: Third Defendant Countersues Righthaven, Stephens Media
Las Vegas Sun
Thomas Neveu of Dorchester, Mass., filed the counterclaim in U.S. District Court for Nevada on Tuesday against Review-Journal owner Stephens Media LLC and Stephens Media's copyright enforcement partner, Righthaven LLC. Neveu becomes the third Righthaven defendant to sue Stephens Media and Righthaven and his complaint was patterned after the others filed by attorneys for the online freedom of speech and privacy group the Electronic Frontier Foundation.
http://www.lasvegassun.com/news/2010/dec/15/third-defendant-countersues-righthaven-stephens-me/
--Complaint: Righthaven v. Neveu
http://www.scribd.com/doc/38311922/Complaint-Right-Haven
Nev. Dist.: Third Defendant Countersues Righthaven, Stephens Media
Las Vegas Sun
Thomas Neveu of Dorchester, Mass., filed the counterclaim in U.S. District Court for Nevada on Tuesday against Review-Journal owner Stephens Media LLC and Stephens Media's copyright enforcement partner, Righthaven LLC. Neveu becomes the third Righthaven defendant to sue Stephens Media and Righthaven and his complaint was patterned after the others filed by attorneys for the online freedom of speech and privacy group the Electronic Frontier Foundation.
http://www.lasvegassun.com/news/2010/dec/15/third-defendant-countersues-righthaven-stephens-me/
--Complaint: Righthaven v. Neveu
http://www.scribd.com/doc/38311922/Complaint-Right-Haven
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