Blog Street Journal: Righthaven Loses, GoDaddy Wins

Righthaven Loses First Case,
Named in Counterclaim

Righthaven, which has now filed 157 copyright infringement actions on behalf of its newspaper sponsors, suffered its first defeat as a federal district judge took the unprecedented step of dismissing the claim on the basis of fair use.  In addition, the Electronic Frontier Foundation have come to the defense of DemocraticUnderground.com (which was sued for content posted on its site by third parties for which it has immunity under the DMCA) and has filed a counterclaim seeking a declaratory judgment that limited postings are fair use.

 

More Info: Righthaven Loses Lawsuit Against Blogger, Daily Online Examiner; EFF Sues Newspaper Chain’s Copyright Troll, Wired.

GoDaddy Not Bound By Blogger Injunction

An Arizona federal court rules that injunction against blogger cannot be enforced against non-party website hosts such as GoDaddy absent  proof that it is an agent or “in active concert” with the enjoined party.  Of course, there is nothing stopping GoDaddy from voluntarily complying with the court order.

More Info: Federal judge denies Greek tycoon preliminary injunction against Go Daddy — but misses the lack of federal jurisdiction, Consumer Law & Policy Blog.