Democratic Underground - Copyright Infringement Lawsuit

Copyright Infringement Lawsuit

In 2010, Democratic Underground was sued for alleged copyright infringement in a member's posting of a few paragraphs from an article in the Las Vegas Review-Journal. The suit was brought by Righthaven, an entity that finds Review-Journal quotations online, buys the copyright for that story from the newspaper, and retroactively sues for copyright infringement. In response to the lawsuit, DU asserted that the quoted excerpt (five sentences of a 54-sentence article) was fair use, and counterclaimed against Righthaven for fraud, barratry, and champerty. DU is being represented in the case pro bono by the Electronic Frontier Foundation, attorneys from the firm of Winston & Strawn, and Las Vegas attorney Chad Bowers. After Righthaven lost a similar suit against Realty One Group over 8 of 30 sentences quoted from a news article, Righthaven asked the judge in the case against Democratic Underground to dismiss Righthaven's claim against DU.

In June 14, 2011, Judge Roger L. Hunt ruled that Righthaven be dismissed from the case because Righthaven had never owned the copyright of the article and gave Righthaven two weeks to explain in writing why it should not be sanctioned.

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