Sunday, March 06, 2011

Righthaven LLC v. Hyatt Copyright Infringement

Righthaven LLC v. Hyatt
Citizen Media Law Project
Threat Type: Lawsuit
Date: 10/06/2010
Status: Pending
Location: Nevada
Legal Claims: Copyright Infringement

Righthaven LLC, a Las Vegas company associated with Las Vegas Review-Journal owner Stephens Media LLC, filed a copyright infringement lawsuit against Bill Hyatt, a New York blogger. Righthaven alleged that Hyatt copied an article from the Las Vegas Review-Journal without permission and posted it on his website, 1ce.org.

After Hyatt did not respond to Righthaven's lawsuit, on February 10, 2011, Righthaven filed a motion for default judgment and demanded it be awarded attorney fees, $150,000 in statutory damages, and an order that 1ce.org be transferred from Hyatt to Righthaven.

Update:

2/23/2011 - The Media Bloggers Association ("MBA") moved to file an amicus brief with the court. In the brief, the MBA argued that Righthaven's claim to ownership of the copyright in the article in question is dubious, as the copyright assignment appears to be invalid. The MBA also argued that Righthaven should not be awarded any more than nominal damages at most, as it "is not a content producer trying to preserve ts relevant market from the unceasing raids of content pirates, but a dedicated litigation house that acquires rights from other entities solely to sue essentially defenseless 'infringers' for their supposed infringement." And the MBA argued that the court lacked jurisdiction to order the transfer of 1ce.org to Righthaven, as such an award is only an appropriate remedy in cybersquatting cases, which this is not.