As evidenced by the caption, Righthaven also named It Makes Sense Blog as a party tothis action. It Makes Sense Blog is not a person or organized legal entity, but the domain nameof a website owned and operated by Mr. Wolf. It is not, therefore, capable of being sued and it isdismissed as a party to this lawsuit.
Aston v. Cunningham
, 216 F.3d 1086 n.3 (10thCir. 2000) (dismissing Salt Lake County jail as a defendant because a detention facility is not a person or legally created entity capable of being sued).2Group, Inc.,
the Denver Post
’s parent company, at some point following its original publication thecopyright was purportedly transferred to Plaintiff Righthaven LLC, which registered the Work withthe federal Copyright Office on December 10, 2010.
Copyright Registration (doc. 1-4). Shortlythereafter, Righthaven filed fifty-seven lawsuits in this district, each alleging copyright infringementin violation of the anti-infringement provisions of federal copyright law.
17 U.S.C. § 501.Defendant Leland Wolf was among those caught up in Righthaven’s enforcement dragnet.
As alleged in Righthaven’s complaint, on or about November 29, 2010 and February 5, 2011, Mr.Wolf displayed the Work on his website, itmakessenseblog.com, without seeking or receiving permission to do so from Righthaven. Based on these alleged facts, Righthaven filed suit againstMr. Wolf. On May 17, 2011, Mr. Wolf filed a Motion to Dismiss for Lack of Subject Matter Jurisdiction (doc. 11).ANALYSIS
Nature of Review
As a threshold matter, it is necessary to determine the proper framework for resolving Mr.Wolf’s motion. Ordinarily, motions to dismiss for lack of subject matter jurisdiction are premisedupon Federal Rule of Civil Procedure 12(b)(1) and take one of two forms: either a facial or factualattack.
See Holt v. United States
, 46 F.3d 1000, 1002 (10th Cir. 1995). In a facial attack on thesufficiency of the complaint, a reviewing court must accept the allegations of the complaint as true.
Case 1:11-cv-00830-JLK Document 49 Filed 09/27/11 USDC Colorado Page 2 of 14