Response To Righthaven Suit Claims That Las Vegas Review Journal Engaged In Entrapment

from the might-be-a-stretch dept

We recently noted that one of the sites sued by Righthaven, the company that buys copyrights from the Las Vegas Review Journal and sues websites that repost parts of its stories, had claimed that the LVRJ gave an implicit license by specifically encouraging people to “share” each of their articles, with quicklinks to 19 different services. It appears that another defendant is taking that argument a step further, and suggesting the LVRJ is engaged in entrapment with these lawsuits after encouraging people to share their content:

“Even if a defendant was to republish an article from the website directly, he is not only within his rights to do so, but all users of are encouraged to do just that. The website offers and invites its users to ‘Save and Share’ all of its articles no less than 19 times per article. In addition, the website encourages and invites its users to ‘Email This,’ ‘Save This,’ ‘Print This’ and subscribe to its ‘RSS Feeds.’ This not only puts the users of in a quagmire, but it is the opinion of the defendant that is guilty of entrapment, or at least setting up the users of for a potential lawsuit. While the encourages and invites its users to ‘Share and Save’ articles a total of 23 times per article, will file a frivolous copyright infringement lawsuit against its users, if they follow LVRJ’s directions and invitations to ‘Share and Save’ articles published on the website.

Legally, this sounds like a bit of a stretch, but it is quite fascinating to see the range of defenses that sites are coming up with to fight back against Righthaven.

Filed Under: , ,
Companies: las vegas review-journal, righthaven, stephens media

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