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While there are a number of issues with Righthaven's business model, two in particular are worth mentioning. First, Righthaven's suits appear to ignore substantial fair use defenses (and other defenses) that many of its targets have to the re-posting of news articles. Second, Righthaven's complaints typically include a demand for not only proper copyright remedies (such as damages and injunctive relief), but also a demand that the defendant's Internet domain be seized and given to Righthaven. This claim is not authorized by the Copyright Act and raises serious First Amendment issues. Righthaven's attempt to claim the defendant's Internet domain solely because of an allegedly infringing posting is plainly a terror tactic designed to force a settlement that is unjustified in many cases.

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