Righthaven attorneys argued against the Center for Intercultural Organizing (CIO) fair use defense this week (See: related post). Some key points include:
- "The defendants’ implied license argument is clearly procedurally improper: the assertion of an implied license theory is entirely non-responsive to the court’s order to show cause concerning fair use. Additionally, the defendants’ implied license theory is so far-fetched..."
- "The defendants are conveniently ignoring the fact that the Las Vegas Review-Journal (LVRJ) website only permits users to save a hyperlink leading to the articles published on the LVRJ website, or to e-mail a hyperlink leading to the LVRJ website..."
- "A defendant’s nonprofit status or educational motive does not somehow provide a blanket exemption from liability for infringement."
- The infringement at issue isn’t protected by the fair use doctrine because fair use in part requires the use to be "transformative."