Righthaven LLC v. Hoehn, No. 11-16751 (9th Cir., May 9, 2013)
The U.S. Court of Appeals for the Ninth Circuit sealed the fate of copyright enforcer Righthaven LLC today by ruling that the minimal "right to sue" copyright assignments that Righthaven acquired from newspaper publishers did not confer standing to sue third parties for copyright infringement.
So far, that's good news for bloggers and others who had been targetted by Righthaven. However, the Ninth Circuit's ruling contained a bit of bad news for them: along the way, the court vacated the lower court's ruling that the defendant's posting of the entirety of a copyighted article to an online discussion board was a protected fair use.
The Ninth Circuit found that it was unnecessary to reach this issue in view of its conclusion that Righthaven lacked standing to sue. The Recording Industry Assocation of America and the Association of American Publishers filed amicus briefs in the case urging the Ninth Circuit to vacate the fair use portion of the lower court's ruling.
With this part of the lower court's ruling in Hoehn swept aside, the high-water mark for fair use rights online is arguably another Righthaven case, Righthaven LLC v. Democratic Underground LLC, D. Nev., No. 2:10-cv-01356 (D. Nev., March 9, 2012), where the district court ruled that the posting a five-sentence excerpt of a fifty sentence news article on a political discussion forum was a fair use.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)