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law Archives - cyberenviro.org


Newspaper CEO Finally Agrees Copyright Trolling Was a Dumb Idea

About a year ago MediaNews Group, publisher of 40 newspapers, signed a deal with Righthaven, a law firm. The deal allowed Righthaven to file copyright infringement lawsuits on MediaNews Group’s behalf in exchange for 50% of any settlement/verdict. Now, MediaNews Group has decided to part ways with Righthaven and John Paton, the chief executive of MediaNews Group, is quoted in Wired as saying:

“The issues about copyright are real … But the idea that you would hire someone on an — essentially — success fee to run around and sue people at will who may or may not have infringed as a way of protecting yourself … does not reflect how news is created and disseminated in the modern world … I come from the idea that it was a dumb idea from the start.” (emphasis added)

The idea that one could monetize news content (or any other content) by restricting its circulation and suing individual bloggers was always a dubious one. The RIAA and many other organizations that took this approach previously now appear to be abandoning it. And, as the Wired article also notes, Righthaven has lost a string of its lawsuits over the question of whether it even has the right to sue over copyright infringement when they are not the actual copyright holder.

experience is the life of the law

from The Common Law by Oliver Wendell Holmes, Jr:

The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed. The law embodies the story of a nation’s development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics. In order to know what it is, we must know what it has been, and what it tends to become. We must alternately consult history and existing theories of legislation. But the most difficult labor will be to understand the combination of the two into new products at every stage. The substance of the law at any given time pretty nearly corresponds, so far as it goes, with what is then understood to be convenient; but its form and machinery, and the degree to which it is able to work out desired results, depend very much upon its past.

(emphasis added)


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