Like a leech—or perhaps a tick—the copyright lawyers at Righthaven latch on tight and don't let go, even as their cases have begun to crumble around them. Instead, they're doubling down on their lawsuit strategy against individual bloggers who repost an article or two.
Case in point: a lawsuit against one Dean Mostofi, who kept a small website with news and commentary about home foreclosures around the US. Mostofi appears to have copied a Las Vegas Review-Journal article on foreclosures and posted it to his site in full; Righthaven sued him for it back on June 30, 2010.
Yesterday, a federal judge tossed the case. This has been a pattern of late; Righthaven's agreement with the Review-Journal's owner didn't actually assign the story copyright to Righthaven, instead granting a bare right to sue over the story. But such a right doesn't exist, and only the copyright holder or exclusive licensee can bring a suit.
"Since the right to sue is not one of the exclusive rights
, transfer solely of the right to sue does not confer standing on the assignee," wrote Judge Kent Dawson of Nevada.
http://arstechnica.com/tech-policy/news/2011/07/lessons-in-retroactivity-righthaven-cant-change-the-facts-after-it-suesrighthaven-learning-it-cant-change-the-facts-after-it-sues.ars