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Judge Puts Righthaven Cases in Colorado on Hold

Hugh Pickens writes (1984118) writes | more than 3 years ago

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Hugh Pickens writes writes "Steve Green writes that Senior US District Judge John Kane says there are serious questions about the validity of the Righthaven's copyright infringement lawsuits in Colorado, and has put them all on hold. Kane says the main case in which he’ll rule on the jurisdiction issue is that of Righthaven defendant Leland Wolf who was sued over a Denver Post TSA pat-down photo. Wolf’s attorneys filed briefs saying that based on Righthaven’s lawsuit contract with Review-Journal owner Stephens Media LLC, it’s lawsuit contract with the Post is likely similar and that their contract doesn’t give Righthaven standing to sue. “Righthaven very likely is neither the owner nor exclusive holder of any rights in the copyrighted work underlying this lawsuit," say attorneys for Wolf. "As such, Righthaven has suffered no injury or other cognizable harm required for it to have standing." Judge Kane says he wants to resolve that issue before proceeding. "Because there are serious questions as to whether my exercise of subject matter jurisdiction over Righthaven’s claim of copyright infringement is proper, I think it most prudent to stay the proceedings in all pending cases in this district in which Righthaven is the named plaintiff," wrote Kane. "Should I find that I lack subject matter jurisdiction over Righthaven’s claim of copyright infringement, it is likely that I will be required to dismiss all pending actions.""

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