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“Copyright Troll” Righthaven Passes Early Federal Court Test
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Last month, we told you about a provocative new venture by a lawyer named Steve Gibson, who has filed more than 100 copyright infringement suits in the last few months. Gibson acquired copyrights from the Las Vegas Review-Journal, and has filed suits based on those rights against bloggers and others who allegedly posted stories without getting permission or paying reprint fees. As we noted then, Gibson's IP holding company, Righthaven, is the first of the "copyright trolls."
As reported by Ashby Jones at The Wall Street Journal's Law Blog, on Thursday Gibson crossed a hurdle when a Nevada federal judge denied a defendant's motion to dismiss Righthaven’s claim for lack of jurisdiction and lack of standing. The defendant, a Texas law firm called The Dr. Shezad Malik Law Firm, argued that the court didn't have jurisdiction because the firm doesn’t do business in Nevada. The chief judge of the District of Nevada, Roger Hunt, refused to dismiss the suit, stating that as an alleged willful copyright infringer of material belonging to a Nevada company, Malik had "purposely availed" itself to Nevada jurisdiction.
The judge also ruled that Righthaven had standing to bring its claim.
So heads up Posters don't get yourself sued!
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