More Information Asked By Judge in Righthaven Copyright Lawsuit

More Information Asked By Judge in Righthaven Copyright Lawsuit

8/29/2011

 

A judge in Las Vegas indicated Friday that he wanted to examine more closely one of the copyright infringement lawsuits filed by Righthaven LLC, a move that cannot be considered as good news for Righthaven.

The firm is the copyright lawsuit collaborator of the Denver Post and Las Vegas Review-Journal. Since last year, the firm has filed 275 lawsuits over material that allegedly came from those newspapers.

The litigation campaign, which involved so-called no-warning lawsuits, has been unparalleled for the newspaper industry. Its momentum is now stalled over legal setbacks that have been sustained by Righthaven.

This summer, four federal judges ruled that Righthaven did not have the legal standing to sue over a Review-Journal material under a defective lawsuit contract with the R-J. This is despite the claim of Righthaven that it has now fixed the contract and therefore has a legal standing to sue.

A fifth judge, however, continued to threaten to dismiss the cases filed by Righthaven regarding alleged Denver Post materials.

To make matters worse, judges have also dismissed three lawsuits filed by the firm after ruling that message board posters and website owners are protected by the fair use concept when they posted materials owned by R-J on websites without prior authorization. A number of these adverse decisions are currently on appeal.

In the meantime, U.S. District Judge James Mahan issued an order Friday that will provide another set of ammunition for critics of Righthaven and a chance to deliver another legal blow to the firm.

Mahan, during a July 27 hearing, said that he intends to dismiss a lawsuit filed by Righthaven against the Pahrump Life blog over an alleged R-J article because the firm lacked the legal standing at the time the case was filed in 2010.

WRITTEN BY:

blakeh@wellsdrew.com