Clarifies a copyright infringement analogy found in the Las Vegas Review-Journal that compared infringement to stealing a car. Randazza pointed out that copyright infringement doesn’t steal property so its owner cannot use it, but dilutes the ways in which it can be used for a profit. The Las Vegas Review-Journal, through an entity known as Righthaven LLC, is suing alleged copyright infringers who reposted news stories and demanding maximum damages for this claimed infringement. Beyond the punishment not fitting the putative crime, these lawsuits are strategic litigation against public participation, or SLAPP suits, designed to make the defendant do what the larger, better-funded plaintiff desires irrespective of the defendant’s rights.
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