Saturday, October 22, 2011

Judge In South Carolina Poised To Dismiss Righthaven Suit There As Well

Ah, success came to Righthaven. Having had the judges in Nevada and Colorado Righthaven cases dismissed for lack of quality, the only state tried Righthaven still questionable tactics was legal in South Carolina, who had raised a counterclaim something epic. Not surprisingly, it appears that a trio of Righthaven losses as a Magistrate Judge Jacquelyn Austin made it clear that it buy everything you sell Righthaven. She has given the company until October 28 to explain why the case should not be dismissed for lack of quality.


ownership of copyright defendant disputes the plaintiff in the case and argued that the case should be dismissed for lack of quality. Property of the plaintiff sold its copyright has been challenged in Nevada and Colorado. Nevada judges rejected the allegations of lack of standing orders and show why these cases should not be dismissed for lack of quality. Transfers of copyright in the case of Nevada is governed by a strategic alliance agreement between the LLC and Righthaven Stephens Media LLC, which seems very similar to the Copyright Alliance Agreement (the "CAA"), including Appendix 1 - Terms and Conditions, between the applicant and MediaNews Group, Inc. ("MediaNews") that governs the defendant asserts copyright assignment at issue in this case .* In addition, the CAA seem to support the defendant's claim that the plaintiff lacked standing to sue for copyright infringement. In particular, the CAA appears to grade assignments of rights rules so that the applicant is left with only the right to sue and has no exclusive right of the right author, as would be necessary for the applicant is entitled to claim a violation of copyright. see Silvers v. Sony Pictures Entm't, Inc., 402 F.3d 881 (9th Cir. 2005) (holding that the transferee who had a pent-up demand for copyright infringement, but has no interest or profit on copyright underlying could not establish a cause of action for infringement), toys Eden, Inc. v. Florelee Underwear Co., 697 F.2d 27 (2d Cir 1982) (holding that one who does not have the exclusive right of copyright can not. An action for infringement, only the owner of an exclusive right under a copyright may bring an action).


Although the plaintiff argued analysis of the merits of the assignment must await the discovery, the Court considers that this issue should be addressed because it is the plaintiff standing for copyright infringement at all. Thus, in the interest of judicial economy, the Court issued this order to show cause why the case should not be dismissed for lack of ownership of the applicant's exclusive rights of copyright and hence the lack of locus standi.


guess it's really just a guide for competitors Righthaven a judge who recognizes the "real" Righthaven legal arguments, the right of Steve
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