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Blogger sued for use of photo


jimdahl

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My point in posting this isn't because some SayAnything bloggers are members of the community (though they're free to comment), but because the larger story has generated a lot of buzz among webmasters over the past six months.

North Dakota blogger sued over unauthorized use of photo

Essentially, this company acquires the copyright to widely distributed stories and photos from the Las Vegas Review Journal and Denver Post, then sues everyone who has reproduced the material. They threaten damages of hundreds of thousands of dollars and seizure of the domain name. If you, as a targeted site owner, do nothing then the default judgment kicks in. So, you have to either spend whatever it takes to fight them in Nevada courts, or settle out of court (settlements rumored to be offered in the $3000 range).

It sounds sort of like an extortion racket meets copyright troll situation.

The good news is that judges aren't buying it.

Copyright troll Righthaven achieves spectacular "fair use" loss

Righthaven has achieved national notoriety for its business model, which involves scouring the Web
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A judge that used common sense in america?

What is crazier is that it is a judge in Clark County who are notorius for their stupidity and covering up for campaign donations. OK he is a federal judge but still is in Clark County.

http://righthavenvictims.blogspot.com/2011/03/seventh-counterclaim-filed-against.html This website gives a complete run down of what has been happening for the last year with Righthaven and the Las Vegas Review Journal. They even sued Sharron Mangle oops I mean Sharron Angle the whack job who is batcrap crazy.

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Judges still don't want to make decisions they know will be overturned on appeal, so tend to try to get stuff like this right. Still' their "fair use" argument might be harder to make than an argument that they didn't actually harm the party suing them.

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This is interesing as I have had a personal experience with this type of siuation. I run a nonprofit fishing club an a company out east tried to extort money from us for a photo on our website. Fortunetly we were smart and talked to a lawyer and learned much about the "fair use" area . These human traah scour the net and then threaten legal actionor agree to settle, funy our settlement amount they wanted was $2700.

We found out that not only was the eleged copyright owner not being harmed but educational pupose use was also not something that could be held viewed as an infringement of he copyright.

One letter from this lawyer and we never heard from them again, common thuggs an human waste trying to profit on others lack of knowledge and scare tactics

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  • 4 months later...

The Righthaven saga continues to bemuse...

Righthaven rocked, owes $34,000 after "fair use" loss

This was the salvation of the news business? Targeting forum posters in political subforums of sports handicapping sites? But at least it looked like Righthaven had a point; copying had certainly occurred. Had infringement?

Before it was all over, the judge decided that Righthaven had no standing even to bring the case, since only a copyright holder can file an infringement suit (Righthaven's contract only gave it a bare right to sue

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  • 3 weeks later...

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