Monday, August 15, 2011
Washington Legal Foundation discusses the standing to sue of a "copyright troll"
The Washington Legal Foundation has a paper by John Kendrick, “Selling Legal Standing: Righthaven LLC and the Judiciary’s”, link (wesbite url) here.
The author explains that, according to copyright law, a subsidiary of a media organization created only with the purpose of litigation would not have standing to sue. Righthaven actually attempted a clumsy workaround to this.
Kendrick says that this “business model” may have been motivated by patent trolling.
The author also discusses the “loophole” in the DMCA that prevents defendants from being warned in advance, but doesn’t note that they may have to become “service providers” first.
Righthaven Victims now says that the count of co-defendants may exceed 500.