Pajamas Media and Several Other Defendants Pose New Challenges to Righthaven

Righthaven Faces New Challenges to Copyright Suits

The latest challenge to Righthaven’s right to sue was made this week in federal court in Denver by attorneys for defendant OSM Media LLC, which owns the website pajamasmedia.com
OSM was sued after a Denver Post TSA pat-down photo was displayed on its website along with commentary by conservative Pajamas Media blogger Bryan Preston that "this image is fast becoming the symbol of the new `Don’t touch my junk’ movement.’’

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Pajamas Media may have a strong fair use defense in addition to what Eric Goldman, an Associate Professor of Law at Santa Clara University School of Law, pointed out to Techdirt.com in February:

Goldman alerts us to one recent legal filing from the operation that raises some questions. Historically, Righthaven has been careful to avoid websites that have registered a DMCA agent, knowing that under the DMCA it's supposed to issue a takedown notice before suing. However, this case, in going after the successful blog network Pajamas Media, appears to ignore the fact that Pajamas Media has registered.

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