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Copyright Troll Righthaven Ordered To Pay $119,000
Hugh Pickens writes writes "Steve Green reports that newspaper copyright infringement lawsuit filer Righthaven of Las Vegas has been hit with an order to pay $119,488 in attorney's fees and costs in its failed lawsuit against former federal prosecutor Thomas DiBiase, who was sued over allegations he posted a story without authorization on a murder case by the Las Vegas Review-Journal. US District Judge Roger Hunt dismissed Righthaven's suit against DiBiase this summer because Righthaven lacked standing to sue him under its flawed lawsuit contract with R-J owner Stephens Media. The DiBiase case was noteworthy because his attorneys at the EFF said DiBiase's nonprofit website, 'No Body Murder Cases,' performed a public service by assisting law enforcement officials in bringing justice to crime victims — and that his post was protected by the fair use concept of copyright law. Case law created by the Righthaven lawsuits suggests DiBiase's use of the story would be protected by fair use as it was noncommercial and judges have found there can be no market harm to Righthaven for such uses since there is no market for copyrights Righthaven obtains for lawsuit purposes. Although this was by far the largest fee award against Righthaven, it will likely will be dwarfed by an upcoming award in Righthaven's failed suit against the Democratic Underground."
lawsuit against former federal prosecutor
That was their first mistake.
No it is better this way. It is a ruling against the business model of being a troll. If argued on the merits this guy could of lost. It sounds like he cut and pasted a story onto his blog. Not the best way to run a blog. Kinda of sloppy when it just takes a few minutes to write up your own opinion with a few quotes from the original. Cut and Pasters don't deserve big lawsuits against them. But they are not perfectly innocent either.
They are aiming at collecting from the newspapers. Defendents are filing motions that Righthaven was involved in the unauthorized practice of law. Basically the argument is that Righthaven is really a lawfirm representing newspapers in copyright cases on a contingency fee. That the contracts were an illegal attempt to shield the newspapers from liability. This ruling support that argument.