Righthaven LLC v. Democratic Underground LLC

Consolidated Brief In Opposition To Plaintiff's Motion For Voluntary Dismissal To The Extent It Seeks To Foreclose Award Of Attorneys' Fees, And In Support Of Cross-Motion For Summary Judgment

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Democratic Underground -- represented by the Electronic Frontier Foundation (EFF), Winston & Strawn LLP, and attorney Chad Bowers -- was sued by Righthaven LLC on August 10 for a five-sentence excerpt of a Las Vegas Review-Journal news story that a user posted on the forum, with a link back to the Review-Journal website.

Righthaven has brought over 170 lawsuits in Nevada federal court claiming copyright infringement, even though they do not create, produce or distribute any content. Instead, they create lawsuits by scouring the Internet for content from Review-Journal stories posted on blogs and online forums, acquiring the copyright to that particular story from Stephens Media LLC (the Review-Journal's publisher), and then suing the poster for infringement.

As part of its lawsuit business model, Righthaven claims damages of up to $150,000 under the Copyright Act's statutory damages provisions and uses that threat to attempt to push defendants into a quick settlement. In its answer and counterclaim, Democratic Underground asked the court to affirm that the excerpt of the article does not infringe copyright and is a fair use of the material, with no damages due to Righthaven.

Please see full Legal Brief below for more information.

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Published In: Civil Procedure Updates, Civil Remedies Updates, Communications & Media Updates, Intellectual Property Updates

Reference Info:Legal Memoranda: Motion Addressed to Pleadings | Federal, 9th Circuit, Nevada | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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