Defense: 'Implied License' May Have Merit

Righthaven Judge: Review-Journal ‘Implied License’ Defense May have Merit

But perhaps of more importance, Navarro sided with Lewis and Roca attorneys Michael McCue and Nikkya Williams, who argued one reason for setting aside the default was that Klerks may have meritorious defenses to the copyright infringement allegations of Righthaven...
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Navarro in her ruling wrote: "The defendant has reasonably asserted that the plaintiff’s conduct may have constituted an implied license and that the defendant may have properly inferred that the (copyright) owner consented to the use, especially in light of the established and accepted custom of users freely and openly sharing certain information posted on the Internet."

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Related article:
09/20/10: Judge Says Blogger Sued By Righthaven Might Have Fair-Use Defense