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**The Reaper** · 06-21-2011, 08:13

Looks like Righthaven lost, at least in this case.

TR

Righthaven Loss: Judge Rules Reposting Entire Article Is Fair Use

• By David Kravets
• June 20, 2011 |
• 4:54 pm |
• Categories: The Courts, intellectual property

http://www.wired.com/threatlevel/201...r-use-defense/

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.

It’s not often that republishing an entire work without permission is deemed fair use. Fair use is an infringement defense when the defendant reproduced a copyrighted work for purposes such as criticism, commentary, teaching and research. The defense is analyzed on a case-by-case basis.

Monday’s ruling dismissed a lawsuit brought by Righthaven, a Las Vegas-based copyright litigation factory jointly owned with newspaper publisher Stephens Media. The venture’s litigation tactics and ethics are being questioned by several judges and attorneys, a factor that also weighed in on U.S. District Judge Philip Pro’s decision Monday.

Righthaven has sued more than 200 websites, bloggers and commenters for copyright infringement. More than 100 have settled out of court.

(cont. at link)

06-21-2011, 08:13	#3
The Reaper Quiet Professional Join Date: Jan 2004 Location: Free Pineland Posts: 24,816	Looks like Righthaven lost, at least in this case. TR Righthaven Loss: Judge Rules Reposting Entire Article Is Fair Use • By David Kravets • June 20, 2011 \| • 4:54 pm \| • Categories: The Courts, intellectual property http://www.wired.com/threatlevel/201...r-use-defense/ 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. It’s not often that republishing an entire work without permission is deemed fair use. Fair use is an infringement defense when the defendant reproduced a copyrighted work for purposes such as criticism, commentary, teaching and research. The defense is analyzed on a case-by-case basis. Monday’s ruling dismissed a lawsuit brought by Righthaven, a Las Vegas-based copyright litigation factory jointly owned with newspaper publisher Stephens Media. The venture’s litigation tactics and ethics are being questioned by several judges and attorneys, a factor that also weighed in on U.S. District Judge Philip Pro’s decision Monday. Righthaven has sued more than 200 websites, bloggers and commenters for copyright infringement. More than 100 have settled out of court. (cont. at link) __________________ "It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat." - President Theodore Roosevelt, 1910 De Oppresso Liber 01/20/2025
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