Righthaven LLC v. Sumner

NOTE: The information and commentary contained in this database entry are based on court filings and other informational sources that may contain unproven allegations made by the parties. The truthfulness and accuracy of such information is likely to be in dispute. Information contained in this entry is current as of the last event mentioned in the "Description" section below; additional proceedings might have taken place in this matter since this event.

Summary

Threat Type: 

Lawsuit

Date: 

01/27/2011

Status: 

Pending

Location: 

Colorado

Verdict or Settlement Amount: 

N/A
Righthaven LLC, a Las Vegas company associated with Las Vegas Review-Journal owner Stephens Media LLC, filed a copyright infringement lawsuit against William Sumner and DailyKix.com.  Righthaven alleged that Sumner used a photo copied from the Denver Post without permission on... read full description
Parties

Party Receiving Legal Threat: 

William Sumner, DailyKix.com

Type of Party: 

Organization

Type of Party: 

Individual

Location of Party: 

  • Nevada

Location of Party: 

  • Georgia

Legal Counsel: 

Andrew J. Contiguglia, Contiguglia/Fazzone P.C.; Marc Randazza, Randazza Legal Group; Charles Van Horn, Berman Fink Van Horn
Description

Righthaven LLC, a Las Vegas company associated with Las Vegas Review-Journal owner Stephens Media LLC, filed a copyright infringement lawsuit against William Sumner and DailyKix.com.  Righthaven alleged that Sumner used a photo copied from the Denver Post without permission on the social media aggregator website DailyKix.com.

Sumner filed a motion to dismiss for lack of personal jurisdiction in response.   Sumner, a Georgia resident, argued that the court lacks general jurisdiction over him because neither he nor his website, which resides on a server in Kansas, has continuous and systematic contacts with Colorado.  And Sumner argued that the court lacks specific jurisdiction over him because he never purposefully availed himself of operating in Colorado.  Sumner noted that the allegedly infringing photograph was auto-populated by the DailyKix's automatic aggregation algorithyms, and not by any intentional activity on his part.

Sumner also argued that DailyKix.com, as a website without any sort of associated business entity, should be dismissed as an improper defendant because it lacks the capacity to be sued.

Details

Content Type: 

  • Photo

Publication Medium: 

Website

Subject Area: 

  • Copyright
Court Information & Documents

Jurisdiction: 

  • Colorado

Source of Law: 

  • United States

Court Name: 

US District Court for the District of Colorado

Court Type: 

Federal

Case Number: 

1:11-cv-00222

Relevant Documents: