Copyright troll
A copyright troll is a pejorative term for a party that enforces copyrights it owns for purposes of making money through litigation, in a manner considered unduly aggressive or opportunistic, generally without producing or licensing the works it owns for paid distribution. Critics object to the activity because they believe it does not encourage the production of creative works, instead it makes money from the inequities and unintended consequences of high statutory damages provisions in copyright laws intended to encourage creation of such works.[1]
The term for and conception of a copyright troll began to appear in the mid-2000s. It derives from "patent trolls", which are companies that enforce patent rights to earn money from companies that are selling products, without having products of their own for sale.[2] It is distinguished from holders of large copyright portfolios, such as ASCAP's music licensing operation, who acquire copyrights in order to license and distribute them for a profit.[2]
Notable examples
One commentator describes Harry Wall, husband of nineteenth-century British comic singer Annie Wall, as the world's first copyright troll.[3] Wall set up "the Authors', Composers' and Artists' Copyright Protection Office", to collect fees for unauthorized performances of works by often-deceased composers, based on the threat of litigation for statutory damages under the Dramatic Copyright Act of 1842.[3]
In the 1990s, the SCO Group's effort to destroy the free open source operating system, Linux, was viewed as copyright trolling by the approximately 1,500 companies from whom SCO demanded licensing royalties, based on a copyright that a court eventually ruled belonged instead to Novell. Novell, by contrast, had no interest or intention of enforcing its copyright against the alleged infringers.[4][5]
The term was also applied to two parties that separately sued Google in 2006, after posting content they knew would be indexed by Google's Googlebot spider, with the industry standard "noindex" opt-out tags deliberately omitted. In Perfect 10, Inc. v. Google Inc., adult magazine Perfect 10 was described as a copyright troll for setting up image links with the intent to sue Google for infringement after Google added them to its image search service.[2] In Field v. Google, a Nevada lawyer took "affirmative steps" to get his legal writings included in Google's search results so that he could sue Google, and was ruled to have acted in bad faith.[6]
Righthaven cases
In 2010, copyright holding company Righthaven LLC was called a copyright troll by commentators,[7][8] after it purchased copyrights to a number of old news articles from Stephens Media, publisher of the Las Vegas Review-Journal, based on a business model of suing bloggers and other Internet authors for statutory damages for having reproduced the articles on their sites without permission.[9]
The matter was covered by the Los Angeles Times, Bloomberg News, Wired News, Mother Jones, the Wall Street Journal, the Boston Herald, and other newspapers and news blogs,[10] as well as the Electronic Frontier Foundation, which offered to assist the defendants.[11] The paper's competitor, the Las Vegas Sun, covered all 107 of the lawsuits as of September 1, 2010,[10] describing it as the first known instance of a copyright troll buying the rights to a news story based on finding that its copyright had been infringed.[8] The Review-Journal's publisher responded by defending the lawsuits, and criticizing the Sun for covering them.[12]
In August, 2010, the company entered an agreement with WEHCO Media in Arkansas to pursue similar actions, and announced that it was in negotiation with a number of other publishers.[13] Wired Magazine described the activity as "borrowing a page from the patent trolls", and noted that the company was demanding $75,000 from each infringer, and agreeing to settlements of several thousand dollars per defendant.[13]
By Fall of 2011, defendants with resources to fight Righthaven in court were winning cases on grounds that their usage fell within the Fair use doctrine and that Los Vegas Review-Journal had actually not assigned full ownership of the copyrighted material to Righthaven. Successful defendants demanded court costs and legal fees, which Righthaven refused to pay.[14] By December 2011, Righthaven was insolvent and on the auction block.[15]
See also
References
- ^ Rashmi Rangnath (2008-01-29). "What a copyright troll looks like". Public Knowledge.
- ^ a b c Caroline Horton Rockafellow (2006-11-23). "Copyright Trolls - A Different Embodiment of the Patent Troll?".
- ^ a b Isabella Alexander. Ronan Deazley, Martin Kretschmer, Lionel Bently, editors (ed.). Privilege and Property. Essays on the History of Copyright. Open Book Publishers. p. 339.
{{cite book}}:|editor=has generic name (help)CS1 maint: multiple names: editors list (link) - ^ David Kravets (2007-09-14). "Battered SCO Files for Bankruptcy to Stay Afloat". Wired Magazine.
- ^ David Kravets (March 31, 2010). "Copyright Troll Loses High-Stakes Unix Battle". Wired Magazine.
- ^ Alyssa N. Knutson (2009). "Proceed With Caution: How Digital Archives Have Been Left in the Dark". Berkeley Technology Law Journal. p. 437.
{{cite web}}: Missing or empty|url=(help) - ^ Ashby Jones (September 3, 2010). "Vegas, Baby! Ruling a Possible Boon to 'Copyright-Troll' Suits". Wall Street Journal.
- ^ a b Debra Cassens Weiss (August 4, 2010). "Attack Dog' Group Buys Newspaper Copyrights, Sues 86 Websites". American Bar Association.
- ^ Joe Mullin (August 16, 2010). "Is This the Birth of the Copyright Troll?". Corporate Counsel.
- ^ a b Steve Green (September 1, 2010). "Why we are writing about the R-J copyright lawsuits". Las Vegas Sun.
- ^ Eva Galperin (August 25, 2010). "EFF Seeks to Help Righthaven Defendants". EFF.
- ^ Sherman Frederick (September 1, 2010). "Protecting newspaper content -- You either do it, or you don't". Las Vegas Review-Journal.
- ^ a b David Kravets (August 30, 2010). "Threat Level Privacy, Crime and Security Online". Wired Magazine.
- ^ David Kravets, "Creditor Moves to Dismantle Copyright Troll Righthaven", Wired, 29 October 2011.
- ^ Steve Green, "Dismantling of Righthaven appears under way with loss of website", Vegasinc, 22 Dec 2011.