Righthaven judge: Review-Journal ‘implied license’ defense may have merit

[RamboLiberal]

Source: Las Vegas Sun

Las Vegas copyright enforcement company Righthaven LLC has suffered a legal setback, with the newest federal judge in Las Vegas ruling one of the Righthaven defendants may have a meritorious defense in arguing the Las Vegas Review-Journal provides an "implied license" for the online reposting of its stories.

U.S. District Judge Gloria Navarro on Friday granted a request by defendant Jan Klerks of Chicago that a clerk's default against him be set aside so he can fight the Righthaven lawsuit -- a motion Righthaven had opposed.

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But perhaps of more importance, Navarro sided with Lewis and Roca attorneys Michael McCue and Nikkya Williams, who argued one reason for setting aside the default was that Klerks may have meritorious defenses to the copyright infringement allegations of Righthaven, which has sued at least 129 website operators since March over unauthorized postings of Review-Journal stories.

Read more: http://www.lasvegassun.com/news/2010/sep/20/righthaven-judge-review-journal-implied-license-de/

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For those who don't know DU is one of the 128 sued by this bottom-feeder newspaper & law firm.

Further news:

Even as Las Vegas online copyright enforcement company Righthaven LLC continues to file new lawsuits, work appears to be piling up for its attorneys as additional defendants retain law firms to either fight back in court or represent them in settlement talks.

In what could be a showdown over Righthaven's lawsuit campaign, two attorneys for the San Francisco-based Electronic Frontier Foundation have signed on to represent the Democratic Underground LLC in one of the high-profile Righthaven lawsuits.

http://www.lasvegassun.com/news/2010/sep/20/defendants-fight-back-against-righthaven-copyright/

Go EFF & DU!

[Ian David]

1. All the blogs and message boards should purge any links or mentions of Las Vegas Review-Journal.

Just to be safe.

[RamboLiberal]

2. I agree

In fact IMHO that will help put the newspapers that engage in this practice out of business.

I swear the day the Las Vegas Review Journal goes down I will buy a bottle of champagne to celebrate no matter what the outcome of this sleazy lawsuit!

I know I for one will never ever again link to that site or any client site of Righthaven!

[mzmolly]

5. Is there a list of the websites

that currently are affiliated?

[RamboLiberal]

8. Avoid posting from these - lists at the websites

http://www.stephensmedia.com/newspapers/

http://m.wehco.com/Content/HTM/about.htm

[mzmolly]

9. Very helpful

thanks! :hi:

[RamboLiberal]

10. Since I found out about this lawsuit I check

first before posting from local newspaper outside NY, DC, SF, etc.

[mzmolly]

11. Good idea.

:hi:

[dkf]

3. Well this is scary. Are we personally liable for posting links?

[RamboLiberal]

4. Well I hope Skinner and DU would have a way of protecting us

There has been some argument that posters could be liable though I think even this bottom-feeder hasn't gone that far - YET!

[mzmolly]

7. Yet,

is right.

[savalez]

12. Not links. The problem is entire articles, or snips without enough commentary to claim fair use.

[dkf]

13. So do we post at our own risk? Must we add commentary or not add text?

Whose interpretation is the "no more than four paragraphs" thing?

Are we just as guilty as if we are downloading music videos or movies?

[RamboLiberal]

17. DU suit is a poster posted 4 paragraphs out of 34 in story

With proper link to LVRJ website - and DU still got sued!

[unblock]

6. go eff & du!

got that eff & right!

[Nevernose]

14. The Review Journal is extremely right wing

Which is why I don't subscribe anymore -- right wing to the point where it was painfullly obvious it was affecting their daily reporting.. And at first I assumed this was politically moltivated.

But no, thyre sujing every message board out there regardless of political affiliation, including "the second amensment sisters" and Sharron Angle..

[RamboLiberal]

18. Funny thing is some on the RW think this is an Obama plot

Apparently Gibson worked in Chicago lawfirm with Michelle Obama on intellectual property law. Google Righthaven Obama.

[cory777]

15. k and r

[maddezmom]

16. K&R