Defendant Kevin Kelleher’s Answer to Righthaven Complaint (Filed August 5, 2010)

8/9/2019 Defendant Kevin Kellehers Answer to Righthaven Complaint (Filed August 5, 2010)

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Kevin Kelleher821 Homestead Park DriveApex, NC 27502Telephone: 919-362-1710jilingpro se

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United States District CourtDistrict of Nevada

m ghthaven LLC, a Nevada Iimited-liability company,Plaintiff,

VS.Kevin Kelleher, an individual,

Defendmlt

Defendant Kevin Kelleher answers on infonnation and belief, the allegations in tbelike numbered pamgraphs of Plaintiff, Righthavcn LLC. Complaint, and pursuant to Fed. R. Civ. P.8(b)(3) hereby denies a1l allegations except as specifically admitted below:Nature of Aetlon

Case No.: 2:10-cv-0l 184Defendant's Answer

Admitled that Plaintiffs Complaint purports to alltge copyright infringement pursuantto 17 U.S.C. 501.Parties

2 . Admitted.3 . Admitted.4 . Deniei the Defendant is tht registered blogger, not the owner of the domain in questionfound at pa-annotmccr.blogspot.com . Defendant does not pay web hosting fees or have any

administrative capabilities other than posting information to the blog.n e domain in questionis 'owned' by Blogger, Bloppot atld Google lnc., et a1.5. Admitted.

Case 2:10-cv-01184-KJD-RJJ Document 7 Filed 08/05/10 Page 1 of 6


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6 . Denied. Further, Defendant msserts that there is a lack of jurisdiction and, improper venue.7 . Denied. Plaintiff was not the owner of the copyrighted work in question 4calvert, longtimevoice of IJNLV among six-member class'' at the time of the alleged infringement.8 . Admitted9 . Denied. Defendant's posting of the Worksfalvert, longtime voice of UNLV, among six-member class'', does not create competition or confuse authorship and was done wit.h thebelief that such display was protected Imder Fair use of the Copyrigbt 1aw (section 107),at no time did Defendant believe his alleged act constimted art infringement of copyright.Defendant was not aware tbat his Blog, a passive, non-commercial information/news portal,would be subject to a lawsuit given the fact that origin and writer credit werc displaycd,1 0 Denied. On July 17, 2010 Defendant received an e-mail sent by Steve Czreen, a reporter forthe Lms Vegms Stm, asking for a comment regarding a lawsuit sled against Defendant. Thearticle in question, Gkcalvert, longtime voice of UNLV, among six-member class'' wmsirnmediately removed from Defendant's Blog.1 1 Admitted.l 2 Admitted.l 3 Denied. Defendant asserts that the Work and alleged lnfringement


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1 6 Admitted1 7 A dmittedl 8 Admitted1 9 A dmitted2 0 Denied. On July 17, 2010 Defendnnt received an e-mail sent by Steve Green, a reporter forthe Las Vcgas Sun, asking for a comment regarding a lawsuit tiled against Defendant. Thearticle in question, the alleged lnflingementy :f alvert, longttme voice of UNLV, amongsix-member class'' was immediately removed from Defendant's Blog.2 1 Denied. Defendant's allege,d posting of the Workx alvert, lengtime voice of UNLV,among six-member class'' does not create competition or confuse authorship and was donewith the belief that such display was protected under Fair use of the Copyright law (section107), at no time did Defendant believe his alleged act constittlted ml infringement ofcopyright. Defendant was not aware that his Blog, a passive, non-commercial information/news portal, would be subject to a lawsuit given tlze fact that origjn and writer credit weredisplayed.

2 2 Denied. Defendant's alleged posting of the Workzscalvert, longtime voice of UNLV,among six-member class'' does not create competition or confuse authorship and was donewit,h the belief that such display was protected under Fair use of the Copyright law (section107), at no time did Defendant believe his alleged act constimted an infringement ofcopyright. Dfendant was not aware that his Blog, a passive, non-commercial information/news portal, would be subject to a lawsuit given the fact that origin and writer credit weredisplayed.Clsim For Relief: Convneght lnfrlnpemen:

2 3 Defendu t repeats and re-alleges his Answers set forth in Paragraphs 1 threugh 22 above.2 4 Adm itted2 5 Admitted2 6 Admitted2 7 Atlmitte,d2 8 Denied. Defendant in no way attempted to detract or take away Plaintifrs rights.2 9 Denied. Defendant in no way attempted to detract or take away Plaintiffs rights.3 0 r enied. Alleged lnfringement, f alverq longtime voice of UNLV, among six-m mnberclass'' was removed from Defendant's Blog immediately aftcr notification from a 3, party.3 1 D enied. Alleged lnfringement, tr alverq longtime voice of UNLV among six-memberclass'', was removed &om Defendant's Blog immediately aer notlfication from a 3,u party.



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3 2 Denied. Defendant's alleged posting of the W orkslcalverts longtime voice of IJNLV,among six-member class'' does not create competition or confuse authorship and wms donewith the belief that such display was protected tmder Fair use of the Copyright law (section107), at no time did Defendmlt bclicvc his alleged act constituted an infringcmcnt ofcopyright. Defendant was not aware that his Blog, a passive, non-commercial informatiorl/news *11a., would bc subject to a lawsuit given thc fact tlhat story origin and writer creditwere displayed.3 3 Denied. Defendant's assertion is that the Plaintifps clnim of xGirreparable hann'' is speciousin nature and not worthy of the Court's time and trouble. Defendant asserts that Plaintiff'sinability to ascertain what exactly tfirreparable harm'' is, and what it constitutes, is merely a 'fisbingexpedition' with a proH cted flwhat if' scenario.

34 Denied. The alleged infringement, the Worktfalvert, longtime voice of UNLV, among six-member clmss'' was removed July 17, 2010.Prayer For Rellef

Defendant respectfully requests that:Plaintift's Prayer For Relief be denied in it's entirety, except that Defendant hereby stipulates thatJudgment be had in Plaintifl's favor against Defendant for non-willful copylight infringement of thesingle article at issue, tf alverq longtime voice of UNLV, among six-member clmss'', and Plaintiffbeawardcd $200.00 in statutory damagcs pursuant to 17 U.S.C. j 504(0)42).*

* ltln a cmqe where the infringer suslins the burden of proving, and the court finds, tllat such infringerwas not aware and had no remson to believe that his or her ads constimted an infringement ofcopyrighk the court ill its discretion may reduce the award of statutory damages to a sum of not lessthan $200.

Respecthzlly s'ubmitted,Dated August 4th, 2010

Krvin Kelleher



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821 Homestead Park DrApex, NC 27502Telephone 919-362-1710Appearingpro se for DefendantKevin Kelleher



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CERTIFICATE O F SERV ICEPursuant to Federal Rule of Civil Procedure 5(b), l certify that on this date, l selved a tme andcorrect copy of the foregoing docum cnt:

DEFENDANT'S ANSW ERupon Plaintiffs counsel by causing it to be placed in United States M ail, Express M ailovernight service postage prepaid, addressed to tile following individuals:

STEVEN A. GIBSON, ESQ.J. CHARLES COONS, ESQ.Righthaven LLC9960 W est Cheyenne Avenue, Suite 210Las Vegas, N evada 89129

August 4th, 2010Date

Kevin KelleherDefendant Pro Se


Documents

Defendant Kevin Kelleher’s Answer to Righthaven Complaint (Filed August 5, 2010)