RightHaven Loses Copyright Troll Suit in Colorado
Kane also ordered Righthaven to pay the blogger's legal fees and costs, which undoubtedly will be tens of thousands of dollars.
Righthaven filed 57 lawsuits in Colorado and 275 nationally. When it said these dismissal rulings might cause it to file bankruptcy, one enterprising blogger-defendant in Nevada filed a motion asking it be allowed to "seize Righthaven’s “bank accounts, real and personal property, and intangible intellectual property rights” so the company can't just "slither away." Another blogger is planning to go after Stephens Media. [More...]
Media News Group, which includes the Denver Post, last month bowed out of Righthaven, calling it a "dumb idea."
The basis for Judge Kane's ruling, according to MediaPost:
U.S. District Court Judge John Kane said that Righthaven lacked standing to sue because it didn't obtain the right to license the material from The Denver Post's parent company, MediaNews Group. Instead, Righthaven only obtained the ability to bring infringement lawsuits. But companies can't sue for infringement unless they also can sell or license the material, Kane ruled on Tuesday in a decision dismissing a lawsuit against Leland Wolf, who operated the It Makes Sense blog.
Righthaven has amended its assignment agreements with R-J, Stephens Media LLC to obtain full rights. It hasn't brought a suit in two months. Will the amended contract make a difference to courts which have ruled it lacks standing?
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