Pursuant to Local Rule of Civil Practice 7-2, Defendant National Organization for theReform of Marijuana Laws (“NORML”), by and through undersigned counsel, hereby movesthis Court to Dismiss Plaintiff’s First Amended Complaint for Lack of Subject MatterJurisdiction and Lack of Personal Jurisdiction. NORML submits this Memorandum of Pointsand Authorities in support of its Motion to Dismiss for Lack of Subject Matter Jurisdiction andLack of Personal Jurisdiction.
MEMORANDUM OF POINTS AND AUTHORITIES
Plaintiff Righthaven LLC alleges that NORML has infringed its copyrights in severalnews articles. NORML respectfully submits, however, that (1) this Court lacks jurisdictionover the subject matter of this case because Righthaven LLC is without standing to prosecutethe alleged infringement and (2) this Court lacks jurisdiction over NORML becauseNORML’s limited contacts with the state of Nevada do not satisfy the demands of federal dueprocess, and even if they did, the exercise of jurisdiction over NORML would beunreasonable.
I. STATEMENT OF UNDISPUTED FACTS
Plaintiff Righthaven LLC (“Righthaven”) claims to be the owner, by assignment, of thecopyright in the news article “Marijuana as Medicine,” published on August 30, 2009, as wellas in several other literary works.
Defendant National Organization for the Reform of Marijuana Laws (“NORML”) is the owner of the websites <www.norml.org> and<www.norml.com>. Righthaven alleges that NORML has infringed its copyrights in“Marijuana as Medicine” by making the article accessible to the public through links providedon <www.norml.com>.
Righthaven also claims to be the owner of the copyrights in the news articles “Dr. Reefer’s business goes topot,” published on March 30, 2009, and “Marijuana activists take stand against bill,” published on March 31,2009. It has not submitted any proof of ownership, however. On the contrary, the evidence submitted byRighthaven suggests that the newspaper in which these articles were first published, the
Las Vegas Review- Journal
, owns the copyrights in these articles. (Plaintiff’s First Amended Complaint (“Pl.’s Compl.”), Ex. 1, 2.).There is no proof of assignment in the record. Furthermore, while a search of the Copyright Office Catalog, apublic database of works registered or pre-registered since 1978, on April 22, 2010, revealed that Righthaven hadregistered “Marijuana as Medicine,” no such registration was found for “Dr. Reefer’s business goes to pot” or“Marijuana activists take stand against bill.” Decl. of John L. Krieger, ¶ 3 and 4.
Case 2:10-cv-00351-LDG-PAL Document 12 Filed 04/23/10 Page 2 of 20