Righthaven LLC v. DiBiase

Counter-Defendant Righthaven LLC's Reply To Counterclaim

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A criminal justice blog that provides resources for difficult-to-prosecute murder cases is fighting bogus infringement claims from copyright troll Righthaven LLC and has asked a Las Vegas judge to dismiss Righthaven's baseless attempt to seize his domain name.

EFF, Colleen Bal and Bart Volkmer from the law firm of Wilson Sonsini Goodrich & Rosati, and attorney Chad Bowers are representing DiBiase, an attorney who consults with law enforcement across the country on "no body" cases -- where the victim is missing and presumed dead, but no body has been found. DiBiase runs a website at www.nobodycases.com to gather information on these complex investigations in order to help other prosecutors as well as family and friends of "no body" murder victims.

Righthaven has brought over 150 lawsuits in Nevada federal court claiming copyright infringement, even though it does not create, produce or distribute any content. Instead, Righthaven creates lawsuits by scouring the Internet for content from Las Vegas Review-Journal stories posted on blogs and online forums, acquiring the copyright to those particular stories from Stephens Media LLC (the Review-Journal's publisher), and then suing the posters for infringement. DiBiase was sued by Righthaven for copyright infringement of a Review-Journal news story about a "no body" case, with Righthaven demanding control of the No Body Murder Cases website as well as $75,000 in damages. EFF argues that DiBiase's use of the Review-Journal piece was a fair use of the material and protected under the law.

Please see full Reply Brief below for more information.

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

Reference Info: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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