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Righthaven loses second fair use ruling over copyright lawsuitsAn Oregon nonprofit did not infringe on copyrights when it posted without authorization an entire Las Vegas Review-Journal story on its website, a judge ruled Friday.U.S. District Judge James Mahan said during a hearing he planned to dismiss, on fair use grounds, a copyright infringement lawsuit filed against the Center for Intercultural Organizing (CIO), in Portland, Ore.The ruling does not set a binding precedent for any of the other federal judges hearing Righthaven cases, but it's likely to cause Righthaven to consider whether it wants to risk another dismissal by suing a nonprofit. For Righthaven, its biggest legal challenge at the moment appears to be a counterclaim filed by the Democratic Underground in which Democratic Underground attorneys have suggested they've found evidence undermining Righthaven's lawsuits over Review-Journal material based on allegedly "sham" copyright assignments. Righthaven has disputed that assertion.Also, a Righthaven lawsuit over the Denver Post photo was closed after a confidential settlement was reached with defendant Raw Story Media Inc.
EFF Demands Copyright Troll Pay for Suing Democratic UndergroundAfter suffering a defeat in a lawsuit with a similar amount of infringement, Righthaven moved to dismiss the Democratic Underground case last month. Righthaven, which has been taking advantage of a loophole in copyright law to win settlements in dozens of cases, has told a Nevada federal judge it could still win the case, so it should not have to pay the EFF’s legal tab.But the EFF, which has countersued Righthaven, said in a legal filing late Tuesday that Righthaven must pay for Democratic Underground’s defense.“The undisputed facts demonstrate that plaintiff’s claims were meritless from their inception,” the group wrote.
