And here we see the death gasp of the print news industry.The paper could have hired the lawyers to sue.But they must have wanted to conceal their role.And now we get an attempt at homespun humor.The circuit judge tells the tale of ol' Rail-splitter Abe Lincoln telling the tale of a lawyer trying to establish a calf had five legs by calling the tail a leg.But old Abe sagely observed that calling a tail a leg does not make it so.And thus the 9th Circuit sagely notes that calling someone a copyright owner does not make it so.Wayne Hoehn and Thomas DiBiase are our defendants in question with their cases consolidated on appeal.The district court found in each case that Righthaven lacked standing to sue as it was not the owner of any of the exclusive rights under copyright law.In the Hoehn case, the judge found that fair use was available as a defense in the alternative.And whups!We find that Dibiase is a practicing lawyer and was once an assistant U.S. attorney.Not a good candidate for a quick settlement shake-down.
