Attorneys for Field & Stream (Bonnier Corporation):
- "The plaintiff's purported assignor (Review-Journal owner Stephens Media LLC) granted an implied license to copy and share the work (story) by posting the work on its website and by providing tools for electronically sharing the work."
- "The posting of the work by Clay Cooper was fair use. The work was attributed to the author and publisher."
- "The plaintiff's claim is barred by its unclean hands, in that the plaintiff is engaged in barratry."
- "The plaintiff's claim is barred by its unclean hands, because the alleged infringement, if any, resulted from the plaintiff's purported assignor's use and promotion of electronic tools for copying and sharing the work."
- "The plaintiff's claim is barred by copyright misuse."
Bonnier is represented by Michael Crosbie of Shutts & Bowen LLP and Byrne of Snell & Wilmer.