Tuesday, January 04, 2011

Denver Post "joins" Righthaven

The latest scuttlebutt on the “copyright troll” problem is that apparently The Denver Post has joined The Las Vegas Review Journal as a Righthaven “client”, according to a detailed story in the Denver Daily News (is this the reincarnation of the Rocky Mountain News?) by Peter Marcus, link here. Also, the Huffington Post is reporting that Stephen’s Media in fact does not own the Las Vegas Journal Review, so the dragnet of papers joining the trolling fray is obscure but probably growing. The Huffington Link (Jason Salzman) is here.
Again, one of the pillars of “fair use” is “transformative” processing or adding of value. An article that “connects dots” among different sources (or even personal experience) is probably more transformative than even a close paraphrase and link of a single article. My own feeling is that courts would probably disagree with Righthaven's claims with plaintiffs who had added considerable critical or transformative material of their own when posting large portions of original stories. That's how we were taught in college English! You can quote, but attribute and do your own thinking!

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