|Righthaven LLC [Image - Michael Leon]|
Win for Randazza Legal GroupBy Michael Leon
- Federal Judge Rejects New, May 9 'Clarification' of Strategic Alliance Agreement -
Highly decorated Vietnam War-era veteran, Wayne Hoehn, believes in duty.
United States District Court Judge for the District of Nevada, Justice Philip M. Pro, granted Wayne Hoehn's motion to dismiss for lack of standing today, additionally finding that Righthaven's May 9 clarification of its revealed Strategic Alliance Agreement "does not provide Righthaven with any exclusive rights necessary to bring suit.
Justice Pro found that the necessary elements of copyright ownership are not met by the "May 9, 2011 clarification [that] provides Righthaven with only an illusory right to exploit or profit from the [copyrighted] Work."
Pro also granted Hoehn's motion for summary judgement on fair use grounds, finding that Hoehn's reproduction is non-commercial and not harmful to Righthaven, which in any event has no standing.
The ruling represents a legal drubbing for Righthaven LLC and follows a repudiation of Righthaven in the Democratic Underground case by U.S. District Judge Roger Hunt.
Other veterans targeted by Righthaven, including Denise Nichols, Larry Scott, and the POW Network, are now or may seek costs of past settlements and attorneys' fees as Righthaven has been operating its lawsuit mill under the claim that it owned sufficient rights in its copyright suits, a position Justice Hunt said is, "flagrantly false—to the point that the claim is disingenuous if not outright deceitful."
See: Order to Dismiss: Righthaven v. Wayne Hoehn.