We've noted a variety of creative defenses being tested in response to lawsuits from Righthaven. One attempt was to claim that Righthaven had no standing, because it did not hold the copyright when the actual infringement occurred. That's because the way Righthaven works is it searches for copies of parts of articles from the Las Vegas Review-Journal (or the new newspapers who just signed up) and only then buys the copyright in question for the purpose of suing.
While it may have been a novel theory to say that you can't sue in such situations, there was little legal basis for that claim, and a judge has rejected it as a reason to dismiss. The judge did say that the issue could be explored further at trial, but the defendant in this case clearly read the writing on the wall and quickly settled the case, realizing that it's cheaper to settle than to fight. That, of course, is exactly what Righthaven's whole business model is predicated on.Permalink | Comments | Email This Story
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