Another Loss For Righthaven: Court Explains That Its Demand For Domain Names Is Silly

from the bad-day-for-righthaven dept

Righthaven hasn't been having too much luck lately. We've already covered how its having a bad day for a few different reasons, and here's another one. As you may know, in nearly every lawsuit Righthaven files, it also demands that the defendant hand over his or her website, in addition to the $75,000 to $150,000 it usually asks for. This has left a bunch of folks scratching their heads, as there's simply no precedent for saying that if you infringe on someone's copyright, they get your domain. And, now, we have a court making that point clear. Eric Goldman points us to a ruling in Las Vegas by judge Roger Hunt (the same judge who unsealed the filing that may kill off most of Righthaven's lawsuits...), in which he points out that asking for the domain name has no basis in law:
Righthaven's complaint requests the Court to direct Heritage Web Design, LLC, the current registrar of DiBiase's website domain name (www.nobodycases.com), to lock that domain and transfer control of it to Righthaven. However, "[t]he remedies for infringement 'are only those prescribed by Congress,'" Sony Corp. Of Am. v. Universal City Studios, Inc., 464 U.S. 417, 431 (1984) (quoting Thompson v. Hubbard, 131 U.S. 123, 151 (1889)), and Congress has never expressly granted plaintiffs in copyright infringement cases the right to seize control over the defendant's website domain. Therefore, the Court finds that Righthaven's request for such relief fails as a matter of law and is dismissed.
One by one, the various pieces of Righthaven's legal campaign are falling apart.
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: copyright, domain names
Companies: righthaven


Reader Comments

Subscribe: RSS

View by: Time | Thread


  1. icon
    FUDbuster (profile), 19 Apr 2011 @ 7:05am

    Re: Re:

    Oops. That wasn't supposed to be a reply to the above AC.

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here



Subscribe to the Techdirt Daily newsletter




Comment Options:

  • Use markdown. Use plain text.
  • Make this the First Word or Last Word. No thanks. (get credits or sign in to see balance)    
  • Remember name/email/url (set a cookie)

Follow Techdirt
Insider Shop - Show Your Support!

Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it
Close

Email This

This feature is only available to registered users. Register or sign in to use it.