Righthaven V. Hoehn: Bad News For Copyright Trolls

Law360, New York (May 21, 2013, 12:54 PM EDT) -- On May 9, 2013, in Righthaven LLC v. Hoehn,[1] the Ninth Circuit affirmed the dismissal of a pair of copyright infringement lawsuits brought by a company whose sole business was to identify copyright infringements on behalf of third parties, obtain the rights to sue for infringements from the copyright owners, and then sue the infringers.

Notwithstanding agreements between Righthaven and the copyright owners that clearly were intended to convey sufficient ownership rights to Righthaven to permit Righthaven to sue, the appellate court determined that Righthaven lacked standing because it did not actually own any exclusive rights under the Copyright Act. Describing...

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