Blog Street Journal: Righthaven Defeat and NJ Supreme Court

Yesterday, a Nevada federal judge held that Righthaven did not have standing to sue for copyright infringement, since Stevens Media could not assign only the right to sue.  The judge went further, however, and noted that “Righthaven has made multiple inaccurate and likely dishonest statements to the Court” and ordered it show cause why it should not be sanction.   This decision comes after the judge overseeing the 35 Righthaven lawsuits pending in Colorado (22 already have been dismissed) has put the cases on hold to determine the question of standing.  Colorado federal Judge Kane has excoriated Righthaven on multiple occasions, in one case he cited their failure to mitigate damages by sending a simple cease and desist letter prior to initiating litigation and instead using the litigation as a source of revenue as an “abuse of legal process.” Righthaven also now faces a class action lawsuit filed by one of the Colorado defendants for abuse of process.he judge overseeing the 35 Righthaven lawsuits pending in Colorado (22 already have been dismissed) has put the cases on hold to determine whether Righthaven has standing in light of documentation showing that Righthaven did not have the exclusive rights to the copyrights in question.  Judge Kane has excoriated Righthaven on multiple occasions, in one case he cited their failure to mitigage damges by sending a simple cease and desist letter prior to initiating litigation and instead using the litigation as a source of revenue as an “abuse of legal process.” In another case, he noted that lRighthaven’s “wishes to the contrary, the courts are not merely tools for encouraging and exacting settlements from Defendants cowed by the potential costs of litigation and liability.”  Righthaven also now faces a class action lawsuit filed by one of the Colorado defendants for abuse of process.

NJ Supreme Court – Bloggers Not Protected By Press Shield Law

The New Jersey Supreme Court has ruled that a state law protecting reporters from revealing anonymous sources did not apply to bloggers. In affirming the lower court ruling, the Supreme  Court nonetheles disagreed with the lower court and stated that the shield law does not require newspersons to identify themselves as reporters, carry certain credentials or follow professional standards like taking notes, fact-checking or disclosing conflicts of interest.


 More Info:  Class-action lawsuit targets Righthaven’s “extortion litigation” (ArsTechnica); Colorado Judge Is Seething At Righthaven—And He’s Handling All Their Cases (Associated Content); New Jersey court denies blogger shield protection (Reuters).