The RIAA jumps into a Las Vegas lawsuit to argue against fair use
Always on the lookout for ways to push back against the recognition that any unauthorized copying is legal, the RIAA has filed an amicus (friend of the court) brief in a copyright infringement case brought by a Las Vegas firm.
Righthaven LLC is a company formed by lawyer Steve Gibson and the publisher of the Las Vegas Review-Journal. Its sole purpose was to purchase the right to bring copyright infringement lawsuits over online copying of newspaper articles.
When the terms of Righthaven's agreements with LVRJ and other newspapers was detailed in court filings several months ago, judges began dismissing their suits for a lack of standing. That's because the right to sue is an extension of the exclusive rights granted to copyright holders, and not a separate right which can be transferred separately.
That's not what the RIAA is arguing against. Instead their filing is in opposition to a ruling in one of Righthaven's failed lawsuits in which the judge stated it was possible for the republication of a copyrighted article, in its entirety, by a non-profit organization could be fair use.
In fact this is not a new concept at all. It was a key point raised by the Supreme Court in the most famous copyright case ever - the Betamax Case. In that case, the majority opinion read:

As of 11 AM, over 100,000 .XXX websites are live, ushering in a new "era" of porn.
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