First, U.S. District Judge Gloria Navarro in Nevada ruled that the Las Vegas Review-Journal might have granted an implied license to blogger Jan Klerks, who allegedly reposted a Review-Journal article on his noncommercial site about urban development, www.skyscrapercity.com. Navarro also ruled that Klerks might have made fair use of the article, despite the allegation that the article was reposted in its entirety.See: Article in full
Next, Judge Larry Hicks in Nevada dismissed Righthaven's lawsuit against realtor-blogger Michael Nelson, ruling that posting eight sentences of a 30-sentence Review-Journal article was a fair use.
Now a third federal judge in Nevada, James Mahan, has directed Righthaven to prove that a nonprofit didn't make fair use of an article it reposted -- even though the defendant, the Portland, Ore.-based Center for Intercultural Organizing, didn't argue fair use as a defense.
Like TechDirt.com, New York-based MediaPost.com has been reporting on copyright troller Righthaven as new defendants are sued and key rulings are issued. (Kudos Wendy Davis!)