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Use of excerpts from and linking to article found to be fair use (Righthaven slapped)
Lexology- Association of Corporate Counsel ^

Posted on 11/11/2010 3:48:56 PM PST by mnehring

Righthaven, a company which has purchased and owns the copyrights to various news and media articles, has filed multiple lawsuits against various individuals who have reposted, excerpted or quoted one of Righthaven's copyrighted articles.....

...In one of these cases, a court recently held that the defendant's use of a news article was fair use where the defendant used excerpts of the article on his blog and then linked back to the original article....

(Excerpt) Read more at lexology.com ...


TOPICS: Business/Economy; Front Page News; Miscellaneous; News/Current Events
KEYWORDS: copyright; extortion; fairuse; lawsuit; lvrj; righthaven; suit
This is an interesting view where the 'factual statements' can fall under fair use as long as it doesn't contain creative commentary.
1 posted on 11/11/2010 3:48:59 PM PST by mnehring
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To: Jim Robinson; kristinn; DaveLoneRanger

ping


2 posted on 11/11/2010 3:49:33 PM PST by mnehring
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To: mnehring; Jim Robinson

Hmmm. Very interesting. I don’t know whether it would be worth FR’s while to reopen this can of worms. I guess that’s for Jim Thompson to decide.


3 posted on 11/11/2010 3:57:24 PM PST by Cicero
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To: Cicero

Indeed...


4 posted on 11/11/2010 4:12:56 PM PST by null and void (We are now in day 660 of our national holiday from reality. - 0bama really isn't one of US.)
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To: mnehring

I have heard second and third hand reports that some blogs have already shut down in anticipation of suits from Righthaven.

This is scary stuff, they are winning or settling a good proportion of their suits and may change the internet forever if they keep winning the majority of their suits.


5 posted on 11/11/2010 4:31:20 PM PST by Jean S
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To: Jean S

One of my favorite ones did.
http://lonestartimes.com/


6 posted on 11/11/2010 4:35:15 PM PST by mnehring
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To: mnehring

Score one for the good guys


7 posted on 11/11/2010 4:55:32 PM PST by Incorrigible (If I lead, follow me; If I pause, push me; If I retreat, kill me.)
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To: mnehring

A good start.


8 posted on 11/11/2010 5:22:01 PM PST by amom
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To: AdmSmith; Arthur Wildfire! March; Berosus; bigheadfred; ColdOne; Convert from ECUSA; Delacon; ...

We really need to think about suing *them* — FreeRepublic *is* the haven for the right. Thanks mnehring.


9 posted on 11/11/2010 6:49:57 PM PST by SunkenCiv (The 2nd Amendment follows right behind the 1st because some people are hard of hearing.)
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To: mnehring

I wonder if Soros is funding them...


10 posted on 11/11/2010 7:19:03 PM PST by tubebender
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To: tubebender

Doubt it, they have gone after all sides, including the DNC themselves.


11 posted on 11/11/2010 7:21:06 PM PST by mnehring
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To: SunkenCiv

Thanks.


12 posted on 11/11/2010 7:34:30 PM PST by Ernest_at_the_Beach ( Support Geert Wilders)
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To: SunkenCiv; mnehring
How about this one:

Fox News sues U.S. Senate candidate for copyright infringement

October 27 2010

Foxnews and Chris Wallace files suit against Robin Carnahan, senate candidate in Missouri.

13 posted on 11/11/2010 7:39:01 PM PST by Ernest_at_the_Beach ( Support Geert Wilders)
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To: Ernest_at_the_Beach

Talk about fair play. ;’)


14 posted on 11/11/2010 8:19:26 PM PST by SunkenCiv (The 2nd Amendment follows right behind the 1st because some people are hard of hearing.)
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To: mnehring

It’s bizarre that this is even an issue.
The definition of fair use has long been definied, and quoting newspapers has long been included.

This was always the understanding, which is why I found it strage that FR started putting on excerpt restrictions.
Why does this need to be relitigated?
Is it to avoid the cost of a legal fight that we would win?

That’s the sad thing about our so-called justice system.
Deep pockets can afford to file frivolous suits which small businesses and regular people cannot afford to fight.
Just being sued is enough to put most people out of business.


15 posted on 11/11/2010 10:21:45 PM PST by counterpunch ("Some election nights are more fun than others" - Baraq Hussein 0bama)
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To: counterpunch

Back in ‘94 I think it was Fox television was sending out cease and desist letters to owners of various fan sites of their TV shows. I had a fairly popular one at the time for X-Files.

I sent a short letter back to the lawyer that said something like

“My site provides your television show with added value and free advertising at no cost to you. I’m not taking my site down just because you sent me a cease and desist letter. You can sue me, that’s fine. You will probably win, but even if you do my site will stay up until shut down by my ISP, at which time I will just move it to another ISP.

If you try to go after me financially know that I make no money from my web site. I make minimum wage at my real job. I have no money. You will get absolutely zero money from me in a lawsuit win.

In short it will cost you a hell of a lot more money trying to take my site down then it will to just ignore it.

Have a nice day!”

Never heard from them again. Kept my site up for another year or so till I simply got bored with the show and maintaining the site.

I imagine though that won’t work now since the lawyers have now had lots of practice threatening and actually sueing people for internet stuff.


16 posted on 11/11/2010 10:49:59 PM PST by Domandred (Fdisk, format, and reinstall the entire .gov system.)
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To: tubebender; mnehring; SunkenCiv

“I wonder if Soros is funding them...”

Steven Gibson (RightHaven) the Blog and Forum lawsuit firm and the ties to Obama

http://www.thebigwobble.com/2010/07/steven-gibson-righthaven-blog-and-forum.html#ixzz0uyJ53Cgd

Excerpt:
> And Guess what Michelle and Steven Gibson both did???
INTELLECTUAL PROPERTY LAW...AT THE SAME LAW FIRM...!!!


17 posted on 11/12/2010 5:04:33 AM PST by Whenifhow
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