Copyright troll Righthaven retreats on infringement suit Against DU
I’m not a real big fan of the Democrat Underground fever swamp, but in this case I say go get ‘em DU - and tear out whatever you can get.
n late October, Righthaven went after a Las Vegas based realty blogger named Bob Nelson, who fought back. Nelson insisted that his Las Vegas Journal excerpt had been fair, and accused the company of “using these lawsuits as a source of revenue. Such abuse of legal process should be rejected.”
Judge Larry Hicks concurred on the fairness question, noting that Nelson’s excerpt was limited (in other words, “non-holistic”), factual, and did not threaten the piece’s market value. Thus: “Nelson’s use falls within the Fair Use doctrine,” he declared.
Righthaven settled with Nelson, but now finds itself in a rather tricky situation. According to the law firm’s plea, Democratic Underground is seeking a counterclaim in this case—specifically a declaratory judgment of no copyright infringement. That can’t be something that Righthaven wants on top of the Nelson decision—if the outfit wants to stay in the search-for-excerpts-and-sue business.
And then there’s the possibility of DU seeking legal fees. So it appears that the time for strategic retreat has arrived. Righthaven wants the case dismissed, and all parties responsible for their own attorney costs (in other words, Righthaven won’t have to pay Democratic Underground’s).