Unsealed Righthaven Agreement Has Other Judges Questioning Legitimacy Of Righthaven's Lawsuits
from the and-here-we-go... dept
This latest case involves a blog, Pahrump Life, which was sued by Righthaven for posting another Stephens Media/LVRJ article, but Judge Mahan is questioning whether or not the newly revealed agreement between the companies means Righthaven even has the standing to sue.
The contract, unsealed earlier this month at the request of the Electronic Frontier Foundation, provides that Stephens Media retains the ability to license the articles, while Righthaven only has the right to bring infringement cases. The potential problem with that arrangement is that Righthaven can't argue that it's being economically harmed by any infringement, because it lacks the ability to profit from the news articles. Litigants typically must be able to show some sort of economic damage as a prerequisite to suing.The judge told Righthaven to make its case for why it should be allowed to bring the lawsuit, so now we'll get to see how Righthaven tries to tapdance around this issue.