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Bloggers Beware: Righthaven’s got its eye on you…

Whether you own a website where you allow blogs and comments to be posted, or if you are the blogger/poster, listen up.

For those of you who haven’t heard of Righthaven LLC, they are to the blogging world what editors are to the Law Review world…cite-checking and anti-plagiarism “proponents” (let’s call ‘em that, for argument’s sake). Righthaven’s been making quite a splash and has gained popularity among news chains since its coming into existence in the spring of 2010. According to David Kravets’ article, “Righthaven Expands Troll Operation With Newspaper Giant[1], Righthaven has filed over 180 lawsuits and has settled over 70 of them already. Its major suppliers of copyrighted material include Stephens Media (owners of Las Vegas Review-Journal), MediaNews Group (owners of San Jose Mercury News and the Denver Post), and WEHCO Media (owners of Arkansas Democrat-Gazette and Chattanooga Times Free Fress), to name a few.[2] Owned by Net Sortie Systems LLC and SI Content Monitor LLC, Righthaven is the brain-child of Las Vegas-based IP attorney, Steven Gibson.[3] Righthaven’s clients assign their rights in the content to Righthaven, who then sues for copyright infringement.[4]

In order to analyze the problems faced by the parties to such lawsuits, we’ll have to discuss the U.S. Copyright Act, as well as the Digital Millennium Copyright Act (“DMCA”).

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