U.S. District Judge James Mahan did not rule on the fair use issue Tuesday, but he continued to pound away at Righthaven's claim of "harm" after the Center for Intercultural Organizing (CIO) posted an entire R-J article without authorization. Key quotes from the recent Las Vegas Sun article include:
- "Fair use seems like an overriding issue," Mahan said. "These cases typically get settled and the fair use doctrine never gets properly raised. I think it needs to be addressed."
- "You really think the defendants are competing with the Review-Journal and making a ton of dough on this?" Mahan asked.
- A person reading the story on the center's website "may have never heard of the Review-Journal before reading that article," the judge said. "It's a totally different market," he said.
- But with Righthaven now owning a copyright to the story, Mahan said: "There is no market for the copyrighted work. You are not publishing it. You are not operating a newspaper. Righthaven only sues people, apparently," Mahan said.