Yet Another Judge Rejects Yet Another Righthaven Case

from the and-another-one-down dept

Another day and another loss for Righthaven, as yet another judge (this makes four) says that Righthaven has no standing to bring the suit, because it did not technically hold the copyright, since its agreement with Stephens Media only really transferred the right to sue, rather than any of the listed rights under the Copyright Act. This time it’s judge James Mahan, adding to judges Kent Dawson, Roger Hunt and Philip Pro, who have all come to the same conclusion. Mahan, of course, got some attention earlier this year when he was the first to rule in a Righthaven case that reposting a full article could still be fair use. Mahan also rejected Righthaven’s attempt to claim that its newly amended agreement with Stephens Media should allow the case to continue, noting that the company wants to change the facts of the case in doing so.

That said, Mahan refused to make the dismissal of the case “with prejudice,” meaning that Righthaven can (and probably will) refile the lawsuit, using the newly amended agreement to claim standing. Until there are conclusive rulings on that amended agreement, we may have to go through this whole process a few more times before some judge finally tells Righthaven to give up.

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Companies: righthaven, stephens media

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Comments on “Yet Another Judge Rejects Yet Another Righthaven Case”

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Lauriel (profile) says:

Where is the world coming to when you can no longer extort those of lesser means? Soon we in the nobility will have to do actual work like some common pleb. Shocking. Someone should buy som legislation about that.

Unfortunately that is not what has happened. I would love one of the judges to slam it as being extortion, or more outcomes like Mahan’s fair use ruling, that put some decent restrictions on these types of cases into case law. While losing cases on legal technicalities is preferable to them winning, it doesn’t leave any rulings on the actual nature of such cases, or on the copyright laws themselves, as precedent.

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