Righthaven’s Collective Copyright Enforcement Project Loses in the Ninth Circuit

The decision is Righthaven, LLC v. Hoehn (9th Cir. May 9, 2013), and it holds that Righthaven didn’t properly secure the exclusive rights needed to sue various alleged copyright infringers. (In this particular case, Righthaven had sued two people who posted newspaper articles onto Web sites, though it had also sued others in the past.) Congratulations to Kurt Opsahl and Corynne McSherry of EFF, as well as Marc Randazza and J. Malcolm DeVoy, on their victory.

Note that the Ninth Circuit vacated the pro-defendant fair use ruling in Righthaven LLC v. Hoehn (D. Nev. 2011), reasoning that Righthaven’s lack of the exclusive rights needed to sue stripped the district court of jurisdiction to even decide the fair use question.