Saturday, October 15, 2011

Righthaven Loses Again (Yes, Again), With Another Judge... But Immediately Refiles Lawsuit

Ah, Righthaven. The company lost again, as another judge in Nevada said that the company has no standing to institute proceedings. The decision of the judge Kent Dawson ground cover similar to the previous dismissal of Judge Roger Hunt and Judge Philip Pro, citing the case c. Silvers Sony Pictures, which clearly indicates that one can not simply transfer the "right to sue" on the copyright, and to highlight the agreement between the media and Stephens Righthaven which clearly indicated that the "transfer" Copyright was a farce.

Judge Dawson
also refers to the "Amending Agreement" Righthaven Stephens Media is an attempt to May 9 around the transfer of farce, but the judge does not believe (Judge Hunt Judge Pro and a lot of skepticism on this amendment), noting that the issues which were made when the complaint was filed, and this attempt to change the rules later in the game are not allowed:


This change, however, can not create standing because "[t] he existence of federal jurisdiction generally depends on the facts, since there when the complaint. "Lujan v. Defenders of Wildlife, 504 U.S. 555, 571 n.4 (1992) (quoting Newman-Green, Inc. v. Alfonzo-Larrain, 490 826 U.S. 830 (1989)) (emphasis in Lujan). Although the court may allow the parties to amend defective allegations of jurisdiction may not allow the parties to change the facts. Newman-Green, USA 490-830. For example, the part that twists your house can be modified correctly the state. This is an amendment of the indictment. However, this part is not allowed to go later to change your address and modify accordingly. It would be a change jurisdictional facts, which is not allowed. See id.

In this case, the applicant and the media attempt to change the facts Stephens inadmissible for the manufacture of foot. Therefore, the Court does not the amended text of the SAA, but the actual distribution and language of the SAA, as it existed at the time of filing the claim.
incredible ... Righthaven has not received the lesson, however, and not give up. Almost immediately after Judge Dawson dismissed the complaint, the claim resubmitted Righthaven, arguing that the new amendment to the 'strategic agreement, which now has the right to sue. It will be interesting to see how they react to the judges here, as they have shown some signs of fatigue Righthaven attempts to pursue the trail of author
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