3 ms·
Since the standing issue was decided and made the rest of the case moot, the fair use analysis is dicta. Thus, it is not legal precedent. Even if the judge did
by dtrizzle 15y ago
Since the standing issue was decided and made the rest of the case moot, the fair use analysis is dicta. Thus, it is not legal precedent.
Even if the judge did decide the fair use issue, it's precedential value would be low - applying only in the district where the decision was made. In this case, that would be the entire state of Nevada.
- msredmond 15y agoThank goodness. Don't get me wrong -- glad Righthaven lost for many reasons -- but if this judge's ruling on the fair use of full reprint were to become precedent I think the web would be lost to a landslide of "scraper" sites (more than it already is). They'd just add a line of commentary and go.