Steve Green in the Las Vegas Sun reports about a new spate of lawsuits filed by Righthaven against bloggers who have reposted a photo from the Denver Post showing a TSA pat-down of a passenger’s crotch: Blogger, websites sued by Righthaven over ‘TSA enhanced pat-down’ photo
What’s new – and troubling – with these latest lawsuits is that the people being sued may have had no idea that the photo they were using originated with the Denver Post. Since the photo went viral, it’s showed up in Google image search results disconnected from the Denver Post.
Bloggers worried about getting sued by Righthaven had previously been able to steer clear of newspaper sites owned by companies doing business with Righthaven. But that is no longer a way to insulate yourself from Righthaven’s wrath. Using an image from a completely random website – one you might deem unlike to sue, or at least likely to share a commodious understanding of fair use – might land you in the Righthaven drift nets.
I am not a big fan of using the word “troll” to describe people enforcing intellectual property rights. And I’ve resisted using it to describe Righthaven litigation against people who reposted stories from newspapers. But what Righthaven is now doing can truly be called trolling.