2 ms·
The Righthaven case is slightly different, though I hope the logic still applies. (I'm not a lawyer, but I read the Righthaven opinion[1] when the Padmapper/3Ta
by natrius 14y ago
The Righthaven case is slightly different, though I hope the logic still applies. (I'm not a lawyer, but I read the Righthaven opinion[1] when the Padmapper/3Taps workaround was originally discussed.) The difference is that Righthaven was granted merely the right to sue on behalf of the original copyright holder, but none of the exclusive rights that copyrights actually bestow upon their owners. It could be interpreted that posters grant Craigslist some of their exclusive rights ("copy, perform, display," etc.), and suing to protect those rights may be legally kosher. I know of no such precedent.
My personal interpretation/hope is that the right to sue for copyright infringement is nontransferable, which would give Craigslist no standing to sue. Individual posters could sue, however.
[1] https://www.eff.org/files/filenode/righthaven_v_dem/order6-14-11.pdf https://www.eff.org/files/filenode/righthaven_v_dem/order6-1... (See also: http://en.wikipedia.org/wiki/Righthaven_LLC_v._Democratic_Underground_LLC http://en.wikipedia.org/wiki/Righthaven_LLC_v._Democratic_Un...)
- learc83 14y agoThe judge in the Righthaven case said this... "Because the SAA (lawsuit contract) prevents Righthaven from obtaining any of the exclusive rights necessary to maintain standing in a copyright infringement action, the court finds that Righthaven lacks standing in this case," Craigslist ToS doesn't grant them exclusive rights, thus by that definition they don't have standing to sue.