An Oregon nonprofit did not infringe on copyrights when it posted without authorization an entire Las Vegas Review-Journal story on its website, a judge ruled Friday.
U.S. District Judge James Mahan said during a hearing he planned to dismiss, on fair use grounds, a copyright infringement lawsuit filed against the Center for Intercultural Organizing (CIO), in Portland, Ore.
The lawsuit was filed last year by Righthaven LLC of Las Vegas, the Review-Journal’s copyright enforcement partner that also enforces copyrights for the Denver Post.
Mahan, who last year raised the fair use issue in the CIO case without being prodded to do so by CIO attorneys, said the copyright lawsuit would be dismissed because the nonprofit used it in an educational way, the CIO didn’t try to use the story to raise money and because the story in question was primarily factual as opposed to being creative.
The judge also found there was no harm to the market for the story.
“The market (served by the CIO) is not the R-J’s market,” Mahan said.
Mahan also found Righthaven’s use of the copyright for a lawsuit gives the copyright less protection than if the Review-Journal were using it in the normal course of delivering the news.
“Here the copyright has been removed from its original context,” Mahan said.
“Righthaven is not using the copyright the same way the R-J used it. Righthaven is using it to support a lawsuit,” Mahan said.
This type of copyright use has a chilling effect on free speech and doesn’t advance a purpose of the federal Copyright Act, which is to encourage and protect creativity, Mahan said. ***READ MORE***
I LOVE IT!!! Hows that working out for you there Lamda Lamda Lamda?
Read this article here at WIRED.COM if you dont know about Righthaven…