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Free at Last September 28, 2011

Posted by geoff in News.

If you’re like me, having written a jillion blog posts and having no recollection what sources I used, you’ve been living in fear of a Righthaven lawsuit. Righthaven, you may recall, was shooting out hundreds of letters to bloggers, accusing them of infringing on Las Vegas Review-Journal and Denver Post materials, and demanding $75K in damages. Since most bloggers don’t have the resources to go to court over something like this, they settle. Clayton Cramer was a classic example.

So I shut my blog down, worried that somewhere in there I might have used something that would prompt a Righthaven letter. I’m pretty sure that I don’t deserve one, but hey – why take the chance?

Anyway, Righthaven has been getting hammered in court of late, and it looks like the last stake may have finally been driven through their putrid heart:

Righthaven LLC of Las Vegas lacked standing to file copyright infringement lawsuits in Colorado under its lawsuit contract with the Denver Post and abused the Copyright Act in doing so, a federal judge ruled Tuesday.

Copyright law expert Eric Goldman, associate professor at the Santa Clara University School of Law and director of its High Tech Law Institute, said Kane “did a careful `first-principles’ review of the law on copyright assignment” rather than simply relying on precedent in the 9th U.S. Circuit Court of Appeals — precedent that has been used against Righthaven in its Nevada cases.

“This makes the opinion more likely to survive an appeal. In addition to completely rejecting Righthaven’s assignment agreement, the opinion bristles with hostility towards Righthaven’s basic business model. It’s hard to imagine a more resounding judicial rejection of Righthaven’s efforts,” Goldman said.



1. Cathy - September 28, 2011

So… Copyright lawyers are sexy?

2. Mr. Matamoros - September 28, 2011

So…does that mean you’re going to re-open your blog?

3. geoff - September 28, 2011

Should be accessible.

4. Retired Geezer - September 28, 2011

I scrubbed my pathetic blog of any external links about a year or two ago when Clayton told me about his problem.
I didn’t have 3k or so to settle out of court so I just deleted all my cool links which included a neat 2-page photo essay in the LV paper about Mrs. Geezer and I doing Cowboy Shooting.

I kept sending warnings about Righthaven to Michael, Ace and SondraK but I felt like the boy who cried wolf.

…completely rejecting Righthaven’s assignment agreement, the opinion bristles with hostility towards Righthaven’s basic business model.

Law Talkin’ Guys… what can’t they do.

5. Cathy - September 28, 2011

Law Talkin’ Guys… what can’t they do.

Make supper?

6. Michael - September 28, 2011

Make supper?

Hey, I can microwave that frozen lasagna entree as good as you can.

7. lauraw - September 28, 2011

I kind of figured there would be a class action lawsuit brought against these clowns someday, but this appears to be nearly as good.

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