But this latest loss -- it's seventh so far -- is even more interesting, because it's a dismissal of a case that Righthaven already thought it had "won." The case involved Righthaven suing a guy named Bill Hyatt... who totally ignored the lawsuit. As can happen in such situations, a court clerk simply entered a default judgment against Hyatt. Righthaven seized upon this opportunity to then ask the court (as it did in each of its lawsuits) for more than just a monetary award: it asked for his domain. We had noted how silly it was for Righthaven to always demand the domains of those it sued, as there's no such remedy in copyright law, but here it thought it could pull one over on the court. As we noted back in February, the Media Bloggers Association stepped into the case and filed an amicus brief (via Marc Randazza) questioning Righthaven's claims. And, now, beyond just not getting the domain, the judge has decided to dismiss the whole case for lack of standing, since (once again) the judge has realized that Righthaven doesn't actually hold the copyright it claims to hold.
Wednesday, August 24, 2011
Case That Righthaven Had 'Won' By Default Now Dismissed For Lack Of Standing | Techdirt: