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RIGHTHAVEN LLC v. WOLF

Civil Action No. 1:11-cv-00830-JLK.

813 F.Supp.2d 1265 (2011)

RIGHTHAVEN LLC, a Nevada Limited Liability Company, Plaintiff, v. Leland WOLF, an individual, and It Makes Sense Blog, an entity of unknown origin and nature, Defendants.

United States District Court, D. Colorado.

September 27, 2011.

Attorney(s) appearing for the Case

Shawn Anthony Mangano, Shawn A. Mangano, Ltd., Las Vegas, NV, for Plaintiff.

Andrew John Contiguglia, Contiguglia & Fazzone, P.C., Denver, CO, James Malcolm Devoy, IV, Marc John Randazza, Randazza Legal Group, Las Vegas, NV, James John Todd Kincannon, The Kincannon Firm, Columbia, SC, Kurt Bradford Opsahl, Electronic Frontier Foundation, San Francisco, CA, for Defendants.

MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

The issue presented in this case, whether a party with a bare right to sue has standing to institute an action for infringement under federal copyright law, is one of first impression in the Tenth Circuit. After considering the parties' written and oral arguments and analyzing the constitutional underpinnings of federal copyright law, the legislative history of the 1909 and 1976 Copyright Acts, and...

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