Monthly Archives: September 2011

Righthaven: Nevermore!

After months of hard work, Righthaven, LLC has been cast adrift in Colorado. Judge Kane’s decision today (September 27, 2011) has taken the life from Righthaven which has now suffered defeats in both Nevada and Colroado.

As one of the trial team for Leland Wolf, we worked hard and focused our attacks against Righthaven, seeking relief from the U.S. District Court in Colorado to put an end to Righthaven’s infestation here.

The argument was simple: Righthaven did not have the rights to sue as it claimed to have had. After countless hours of research and briefing, two court appearances, Jay DeVoy, Marc Randazza and I were able to take the wind out of Righthaven’s sails. For now, this Opinion closes the door on approximately 35 other pending cases Righthaven has in Colorado.

To quote from the first paragraph of Judge Kane’s opinion (you really don’t have to read much further, but it’s fun to):

The issue presented in this case, whether a party with a bare right to sue has standing to institute an action for infringement under federal copyright law, is one of first impression in the Tenth Circuit. After considering the parties’ written and oral arguments and analyzing the constitutional underpinnings of federal copyright law, the legislative history of the 1909 and 1976 Copyright Acts, and the meager precedent available from analogous situations in other Circuits, I hold that the answer to that question is a forceful, yet qualified, “no” …

 As it has done on countless other occasions, undoubtedly, Righthaven will appeal this recent opinion and see how the 10th Circuit Court of Appeals deals with the argument.  This battle isn’t over. And just like the zombies at the end of a “B” movie, Righthaven might just come back to life. And when it does, we will be ready for it!

Read the opinion here!