Published by LawTechie - October 21, 2010 - LawTechie

The U.S. District Court in Nevada has dismissed a copyright infringement lawsuit against a blogger who copied and re-posted several sentences from a Las Vegas Review-Journal article. In a highly unusual motion to dismiss ruling, the court held that “[the blogger’s] use of the copyrighted material is likely to have little to no effect on the market for the copyrighted news article.” Righthaven v. Realty One Group, Inc., — F.3d — (Dist. Nev. October 18, 2010).

Generally, when analyzing a Rule 12(b)(6) motion to dismiss, courts are limited to the allegations in plaintiff’s complaint (read: cannot look to facts beyond the complaint in their analysis). A fair use analysis requires considerable fact finding, or else a decent array of undisputed facts. Thus, it is highly unconventional for a court to grant a fair use ruling on a motion to dismiss.

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LawTechie is a blog focusing on trends in tech and digital media. Areas covered include intellectual property, cyberlaw, venture capital, transactions and litigation as they relate to the emerging sectors. The blog is edited by the firm's partner Tim Bukher with contributions from the firm's experts in their respective areas of law.


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