Righthaven Disputes Fair Use Defense Brought in Recent Copyright Case

Righthaven Disputes Fair Use Defense in Copyright Case
Righthaven attorneys argued against the Center for Intercultural Organizing (CIO) fair use defense this week (See: related post). Some key points include:

• "The defendants’ implied license argument is clearly procedurally improper: the assertion of an implied license theory is entirely non-responsive to the court’s order to show cause concerning fair use. Additionally, the defendants’ implied license theory is so far-fetched..."
• "The defendants are conveniently ignoring the fact that the Las Vegas Review-Journal (LVRJ) website only permits users to save a hyperlink leading to the articles published on the LVRJ website, or to e-mail a hyperlink leading to the LVRJ website..."
• "A defendant’s nonprofit status or educational motive does not somehow provide a blanket exemption from liability for infringement."
• The infringement at issue isn’t protected by the fair use doctrine because fair use in part requires the use to be "transformative."

Read: Article in full | Picked up by the Associated Press